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01/18/2022Tuesday, January 18, 2022 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda January 18, 2022Council Work Session Work Session Agenda 1. Call to Order 2. Presentations Police Oaths2.1 3. Human Resources Approve agreement between the City of Clearwater and The Kaleidoscope Group LLC, for consulting services to complete a citywide Cultural Assessment at a cost of $241,980 and authorize the appropriate officials to execute same. (consent). 3.1 Approve the collective bargaining agreement as negotiated between the City of Clearwater and IAFF Local 1158 for Fiscal Years 2021/2022, 2022/2023, 2023/2024 and authorize the appropriate officials to execute same. (consent) 3.2 4. City Manager Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast Transit Authority (PSTA) to provide enhanced Jolley Trolley service during Spring Break period of March 1, 2022 through April 30, 2022, with the City contributing a lump sum not to exceed $88,343 and authorize the appropriate officials to execute same. (consent) 4.1 5. Fire Department Authorize a Purchase Order to Ten-8 Fire Equipment Inc., of Bradenton, FL, for the purchase of one new Pierce Heavy Duty Velocity Pumper in an amount of $718,190.00 in accordance with Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback; declare G2610 surplus, effective upon receipt of the purchase vehicle, authorize for disposal at auction or trade-in, whichever is in the best interest of the City, in accordance with Clearwater Code of Ordinances Section 2.623, and authorize the appropriate officials to execute same. (consent) 5.1 6. Gas System Approve a tax service broker agreement with Fallbrook Tax Credits LLC of Calabasas, CA, to manage the transfer of ownership of the City of Clearwater’s Voluntary Clean-Up Tax Credits (VCTC), pursuant to Invitation to Bid 44-21 and authorize the appropriate officials to execute same. (consent) 6.1 Page 2 City of Clearwater Printed on 1/12/2022 January 18, 2022Council Work Session Work Session Agenda Accept a Gas Utility Easement from Cedar Hill Apartment, for the construction, installation, and maintenance of gas utility facilities on real property located at 851 E. Klosterman Road, Tarpon Springs, FL, 34689 and adopt Resolution 22-04. 6.2 Accept a Gas Utility Easement from City Square LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 512 Cleveland Street, Clearwater FL, 33755 and adopt Resolution 22-05. 6.3 7. Parks and Recreation Authorize a Guaranteed Maximum Price proposal to Khors Construction, Inc., of Pinellas Park, FL, for the construction of a new pier and floating docks at the Clearwater Community Sailing Center (CCSC) located at 1001 Gulf Boulevard in the amount of $728,222.00 which includes a 10% contingency, pursuant to RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing Contracts; approve a first quarter budget amendment to transfer $102,851.67 from project 93673 - Jack Russell Stadium Improvements, $230,000 from project 93499 - Pier 60/Sailing Center Maintenance, and allocate $400,000 from general fund reserves all transferred to project C2210 -Sailing Center Dock Replacement and authorize the appropriate officials to execute same. (consent) 7.1 Approve First Amendment to Lease Agreement between Clearwater For Youth, Inc. and the City of Clearwater, to provide additional office space and clarify agreement language, and authorize the appropriate officials to execute same. (consent) 7.2 Approve Second Amendment to Lease Agreement between Clearwater Golf Club, LLC and the City of Clearwater to increase the length of the Agreement by ten years, from May 1, 2011 through April 30, 2041, set a schedule to complete additional improvements to the course by the Club, and authorize the appropriate officials to execute same. (consent) 7.3 8. Police Department Appoint Michael Kachurik to the Board of Trustees, Clearwater Police Supplementary Pension Plan, in accordance with Florida Statute 185.05. (consent) 8.1 Page 3 City of Clearwater Printed on 1/12/2022 January 18, 2022Council Work Session Work Session Agenda Approve an agreement between the City of Clearwater and Flock Safety of Atlanta, Georgia, for License Plate Reader (LPR) equipment, monitoring and maintenance, in an amount not to exceed $200,000.00, to commence upon execution of the contract and expire four calendar years after the execution date, pursuant to City Code of Ordinances Section 2.563(1)(a), Single Source, and authorize the appropriate officials to execute same. (consent) 8.2 9. Engineering Approve the request from the owner of property addressed 2637 Winding Wood Drive, Clearwater to vacate 12 feet of a platted Drainage and Utility Easement, located on lot 52, Cypress Bend of Countryside Unit One, according to the plat thereof as recorded in Plat Book 76, Page 10, of the Public Records of Pinellas County, Florida, and pass Ordinance 9527-22 on first reading. 9.1 Approve the final plat for Unity Church and Discovery Academy of Science, whose physical address is 2465 Nursery Road and located on the southwest corner of Nursery Road and South Haven Drive. (consent) 9.2 Approve a purchase order increase to Parkmobile, LLC of Atlanta, Ga, for reimbursement of transaction fees for mobile parking in the amount of $135,000 for a new total of $356,060.00, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 9.3 Approve Supplemental Work Order 1 to Advanced Engineering and Design, Inc., of Pinellas Park, FL, for additional design of Nash Street and Old Clearwater Bay Improvements in the amount of $129,974.90 for a new contract total of $675,763.91 pursuant to Request for Qualifications (RFQ) 29-20 and authorize the appropriate officials to execute same. (consent) 9.4 Approve a work order to Mead and Hunt, Inc. of Tampa, FL, for the Citywide Transportation Mobility Assessment (21-0036-EN) in the amount of $352,800.00 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing Services (EOR), and authorize the appropriate officials to execute same. (consent) 9.5 Approve a Road Transfer Interlocal Agreement (Agreement), which includes, as an exhibit, an Assignment of Easement Agreement, between Pinellas County, Florida (County) and the City of Clearwater (City), which will be presented to the Board of County Commissioners for consideration, and authorize the appropriate officials to execute same. (consent) 9.6 Page 4 City of Clearwater Printed on 1/12/2022 January 18, 2022Council Work Session Work Session Agenda Ratify and confirm purchase order to Engineer of Record (EOR) Hazen and Sawyer, of Tampa, Florida, for Engineering support for the Marshall Street (MS) and Northeast (NE) Water Reclamation Facilities (WRF) Digester Covers Evaluation and Repairs Project (21-0022-UT) in the amount of $180,000.00 per City Manager’s approval of emergency procurement, Clearwater Code of Ordinances Section 2.563(1)(k) and authorize the appropriate officials to execute same. (consent) 9.7 Approve the First Amendment to Contract for Purchase of Real Property by the City of Clearwater, by and between the City (City) and Covenant Property Investors, LLC, (Covenant) (collectively, the Parties), amending that certain Contract for Purchase of Real Property between the parties entered into on September 22, 2021 (the Contract), providing for the extension of time to close the sale contemplated therein of a city-owned Parking Condominium containing 450 public parking spaces, (Parking Unit) located at 490 Poinsettia Street, Clearwater; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) 9.8 10. Planning Provide direction on the proposed first amendment to an existing Development Agreement between A P Beach Properties, LLC (the property owner) and the City of Clearwater for property located at 401/405/415/419 Coronado Drive and 406/410/420 Hamden Drive, which includes a revision to Exhibit B to provide new conceptual site plans and elevations, expands the overall size of the site and reduces overall density, and sets a new date by which time site plan approval must be obtained; and confirm a second public hearing in City Council Chambers before City Council on February 3, 2022 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08006A) 10.1 Approve the proposed second amendment to an existing Development Agreement between the City of Clearwater and N E S C LLC (as assigned by Louis Developments LLC) which provides for certain changes which will permit eight of 32 marina slips at this overnight accommodation to be used for limited commercial purposes; adopt Resolution 22-02, and authorize the appropriate officials to execute same. (DVA2012-03001B; 443/455 East Shore Drive) 10.2 Approve amendments to the Clearwater Comprehensive Plan creating a new Property Rights Element, modifying the Future Land Use and Housing Elements to support workforce, affordable and “missing middle” housing types, and updating the Coastal Storm Area and Hurricane Storm Surge maps, and pass Ordinance 9515-22 on first reading. (CPA2021-11001) 10.3 Page 5 City of Clearwater Printed on 1/12/2022 January 18, 2022Council Work Session Work Session Agenda Approve amendments to the Community Development Code addressing recent legislative changes related to home-based businesses, building design review and building permit fees, and supporting the City’s affordable and workforce housing initiatives, and pass Ordinance 9514-22 on first reading. (TA2021-11004) 10.4 11. Public Utilities Declare Laboratory and Maintenance Equipment surplus and authorize the sale of the equipment listed in the Exhibit through either a notice inviting bids or public auction to the highest bidder, pursuant to Clearwater Code of Ordinances Section 2.623, and authorize the appropriate officials to execute same. (consent) 11.1 12. Official Records and Legislative Services Appoint Robyn Fiel to the Neighborhood and Affordable Housing Advisory Board as a citizen who is actively engaged in the banking/mortgage industry in connection with affordable housing with term to expire January 31, 2026. (consent) 12.1 Reappoint Donna M. Dennis to the Library Board with term to expire January 31, 2026. (consent) 12.2 13. Legal Request for authority to settle the case of Phillips v. City of Clearwater, Case No. 20-006001-CI for $95,000.00. (consent) 13.1 14. City Manager Verbal Reports 15. City Attorney Verbal Reports 16. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 17. Closing Comments by Mayor 18. Adjourn 19. Presentation(s) for Council Meeting January 2022 Service Awards19.1 Page 6 City of Clearwater Printed on 1/12/2022 January 18, 2022Council Work Session Work Session Agenda National Mentoring Month Proclamation - presented to Dr. Valerie Brimm, Debbie Buschman, and Lisa Leonarduzzi with Office of Strategic Partnership at Pinellas County Schools. 19.2 2021 Citywide Big Cleanup Presentation - Samantha (Sam) Moullet, Recreation Specialist 19.3 Page 7 City of Clearwater Printed on 1/12/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0003 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Police Oaths SUMMARY: Matthew Capone Jonathon Kline Benjamin McCallum Adam Mengerink Samantha Negron Kristen Pinsker Damian Rios Lauren Styles Cole VanDeusen APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/12/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9999 Agenda Date: 1/18/2022 Status: Approval ReviewVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve agreement between the City of Clearwater and The Kaleidoscope Group LLC, for consulting services to complete a citywide Cultural Assessment at a cost of $241,980 and authorize the appropriate officials to execute same. (consent). SUMMARY: A Request for Proposal (RFP) #52-21 was conducted in September 2021, the committee (comprised of the Diversity and Equity Manager, Assistant Human Resources Director, Diversity and Equity Senior Analyst, C.R.A. Business Assistance Admin, and Human Resources Analyst) unanimously selected Kaleidoscope to perform a Cultural Assessment. A cultural assessment is a process that provides for an evaluation of The City of Clearwater’s overall workplace culture. The consultant will conduct an assessment that will analyze both the implicit and explicit beliefs and attitudes held by the City of Clearwater and fostered by those associated with it. Kaleidoscope has vast experience in this area to guide us through this process. The assessment will commence in January 2021 and is anticipated to be completed within one year. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will increase Human Resources operating code 0109231-530100, professional services, by $241,980 offset by an allocation of General Fund reserves. 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 $241,980 to increase Human Resources operating code 0109231-530100, professional services. Inclusive of this item if approved, a net total of $316,980 of General Fund reserves has been appropriated by Council to fund expenditures in the 2021/22 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $43.8 million, or 26.6% of the current General Fund operating budget. Page 1 City of Clearwater Printed on 1/12/2022 1 CONTRACT BETWEEN CITY OF CLEARWATER AND THE KALEIDOSCOPE GROUP, LLC RFP #52-21 DIVERSITY, EQUITY, AND INCLUSION CULTURE ASSESSMENT THIS CONTRACT, entered into this 17 day of December, 2021, by and between the CITY OF CLEARWATER, a Florida municipal corporation (“City“), P.O. Box 4748, Clearwater, Florida 33758 and The Kaleidoscope Group, LLC (“Vendor”), 416 W. Ontario, Unit C-2, Chicago, IL 60654. WHEREAS, the City seeks an experienced firm specializing in Diversity, Equity, and Inclusion (DEI) to conduct a culture assessment. This assessment will expound on the City’s Office of Diversity and Equity Services’ (ODES) analysis to identify and provide sound recommendations to eliminate systemic issues and bias that may contribute to recruitment and retention issues of diverse applicants and staff. WHEREAS, the City selected Vendor based on Request for Proposal (“RFP”) #52-21 and responses by Vendor to RFP #52-21. WHEREAS, Vendor agrees to provide the services as outlined in RFP #52-21. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1. SCOPE OF PROJECT. Vendor agrees to provide the services under the terms and conditions set forth in RFP #52- 21, Diversity, Equity, and Inclusion Culture Assessment, and responses by Vendor dated November 30, 2021, and further described in attached Exhibit A – Statement of Work Agreement. 2 2. TIME OF PERFORMANCE. The initial Contract Term shall commence upon execution of this Contract and will be for a term of one year or upon completion of the services set forth in Exhibit A. 3. COMPENSATION. Total compensation for all services shall not exceed $241,980.00 as described in attached Exhibit A, inclusive of all reasonable and necessary direct expenses. The City may, from time to time, require changes in the scope of the project. Such changes, including any increase or decrease in the amount of Vendor’s compensation, and any other changes in the terms of this Contract shall be effective when incorporated in written amendment to this Contract, upon mutual agreement. 4. METHOD OF PAYMENT AND ANNUAL APPROPRIATIONS. The professional fees and reimbursable expenses will be invoiced monthly and submitted to the City for approval and payment in accordance with the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes. The City’s performance and obligation to pay under this Contract is contingent upon an annual appropriation of the City’s budget. 5. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. The Kaleidoscope Group City of Clearwater Christina Georgas Jennifer Poirrier Chief Operating Officer Director of Human Resources 3 416 W Ontario Street, C-2 P.O. Box 4748 Chicago, Illinois 60654 Clearwater, Florida 33758 312-274-9022 727-562-4885 6. RFP #52-21, STANDARD TERMS AND CONDITIONS. All terms and conditions as set forth in RFP #52-21, Standard Terms and Conditions are incorporated by reference and attached herein as Exhibit B. 7. INSURANCE REQUIREMENTS. Insurance Requirements are set forth in Exhibit C, which is incorporated by reference and attached hereto. 8. INTERESTS OF PARTIES. Vendor covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 9. CONFORMANCE WITH LAWS. Vendor agrees to comply with all applicable federal, state, and local laws during the life of this Contract. Vendor shall be responsible for obtaining and maintaining any licenses, permits, documents, or other permissions necessary for Vendor’s operation. 10. ATTORNEY FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 11. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. 4 12. E-VERIFY. Vendor and its subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. Vendor will not enter into a contract with any subcontractor unless each party to the contract registers with and uses the E-Verify system. Subcontractor must provide Vendor with an affidavit stating that subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Vendor shall maintain a copy of such affidavit. The City may terminate this Agreement on the good faith belief that Vendor or its subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this Agreement is terminated pursuant to Florida Statute 448.095(2)(c), Vendor may not be awarded a public contract for at least 1 year after the date of which this Agreement was terminated. Vendor is liable for any additional costs incurred by the City as a result of the termination of this Agreement. See Section 448.095, Florida Statutes (2020). [Remainder of Page Intentionally Left Blank] 5 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. THE KALEIDOSCOPE GROUP Attest: _______________________ By: ________________________ Print Name: _____________ Print Name: ___________________ Title: __________________ Title: ________________________ CITY OF CLEARWATER, FLORIDA _______________________ ____________________________ Frank Hibbard Jon Jennings Mayor City Manager Approved as to form: Attest: _______________________ ____________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Amy Zimmerman Executive Assistant Christina M. Georgas COO 1) CyberEye Consulting LLC 2) Diversity & Inclusion Strategists 1100 New Jersey Ave. SE, Suite 2162 16701 Melford Blvd. Unit 400 Washington, D.C. 20003 Bowie, MD 20715 (571) 244-1770 (240) 535-0605 3) Downs & St. Germain Research 4) Equity Through Action 2992 Habersham Dr.15800 Crabbs Branch Way, Suite 300 Tallahassee, FL 32309 Rockville, MD 20855 (850) 906-3111 (757) 581-4406 5) Findlay House Global, LLC 6) Gallagher Benefit Services, Inc. 8000 Avalon Blvd., Suite 100 6802 Paragon Pl., Suite 126 Alpharetta, GA 30009 Richmond, VA 23220 (404) 981-2569 (651) 234-0838 7) livingHR, Inc.8) MGT of America Consulting, LLC 1646 W Snow Ave., #139 4320 West Kennedy Blvd., Suite 200 Tampa, FL 33606 Tampa, FL 33609 (813) 857-7101 (888) 302-0899 *Certified Woman Business 9) Next Bee Corporation 10) The Kaleidoscope Group, LLC dba Local Masters 416 W. Ontario St., 2C 155 Bovet Rd., Suite 700 Chicago, IL 60654 San Mateo, CA 94402 (312) 274-9000 (800) 547-1618 *Certified Minority Business *Certified Minority Business ADVERTISED: TAMPA BAY TIMES 8/4/2021 POSTED:myclearwater.com 8/2-9/7/21 Due/Opening: September 7, 2021; 10:00 a.m. REQUEST FOR PROPOSAL No. 52-21 DIVERSITY, EQUITY, AND INCLUSION CULTURE ASSESSMENT Solicitation Response Listing FOR THE CITY OF CLEARWATER © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DISTRIBUTE. RESPONSE TO REQUEST FOR PROPOSAL #52-21 DIVERSITY, EQUITY, AND INCLUSION CULTURE ASSESSMENT Presented by: Christina Georgas, COO Dr. Tanya Settles, Executive Consultant September 7, 2021 PROPOSAL CONTENTS TAB 1: Letter of Transmittal (Slides 3-5) TAB 2: Demonstrated Experience of The Kaleidoscope Group & Project Personnel (Slides 6-14 + Bio Attachment pdf) TAB 3: Project Description, Methodology, Timeline & Reporting (Slides 15-60) TAB 4: References (Slides 61-64) TAB 5: Cost of Services (Slides 65-66) TAB 6: Other Forms (Slides 67 + Proposal Signature Attachments) © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.2 TAB 1: LETTER OF TRANSMITTAL LETTER OF TRANSMITTAL Dear City of Clearwater Procurement & ODES Department, On behalf of The Kaleidoscope Group, a 28-year proven and experienced consultancy, I am thrilled to present this Proposal Response to RFP to the City of Clearwater, Florida for Diversity, Equity & Inclusion (DEI) consulting services to conduct a culture assessment and 3-year DEI strategic plan within 8-12 months to commence November 2021. This assessment will expound on the City’s Office of Diversity and Equity Services’ (ODES) 5-year analysis to identify and provide sound recommendations to eliminate systemic issues and bias that may contribute to recruitment and retention issues of diverse applicants and staff. This scope of work is to complete Phase 1 assessment (survey, focus groups, interviews and analysis of policies, processes and practices) that contribute to the experience of talent in culture and the supporting systems for talent management. The assessment findings will guide the development actionable recommendations to build a comprehensive 3-year DEI strategic roadmap that addresses the workplace (culture) and workforce (best talent of all backgrounds pipeline and systems) strategic focus areas. The work will build on the current DEI foundation and will be positioned to guide Phase 2 implementation, which will be a separate scope of work. Finally, as requested, this approach would also serve as a blueprint to expand the DEI program citywide as an organizational priority that is actionable, sustainable, and impactful. Sincerely, Christina Georgas COO © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.4 FOR THE RFP PROCESS, KALEIDOSCOPE MAIN CONTACTS Christina Georgas, COO, 312-274-9022 –chris.georgas@kgdiversity.com Dr. Tanya Settles, Engagement Leader, 303-887-1608 –tanya.settles@kgdiversity.com Amy Zimmerman, Operations Director, 312-274-9018 –amy.Zimmerman@kgdiversity.com © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.5 TAB 2: DEMONSTRATED EXPERIENCE OF KALEIDOSCOPE GROUP AND PROJECT PERSONNEL A TRADITION OF DEI LEADERSHIP •Full service Diversity and Inclusion consulting firm headquartered in Chicago •Led by Doug Harris, CEO, a nationally recognized presenter and Diversity and Inclusion (ID+E) consultant •A Certified Minority Owned Business •Has assisted organizations with successfully managing culture change and creating inclusion for over 30 years •Strategic alliance partners for specialized Diversity and Inclusion needs 3/25/2020© THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.7 •Full-Service Diversity, Equity and Inclusion global consulting firm headquartered in Chicago and in the USA •Assists organizations with successfully managing culture change and creating inclusion for over 30 years •Partnered and served over 1000 clients, across all industries •40 staff, 25 Associates and strategic alliance partners in the United States; 35 global facilitators and consultants •Specialty practice areas and strategic alliance partners •Certified Minority Owned Business and Majority-Minority Company KALEIDOSCOPE DEI SERVICES 7/21/2019© THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.8 •Consulting •Strategy •Assessment and Measurement •Design •Transformation -Change Management •DEI Competence •Key Stakeholder Development •Coaching © THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION.9 KALEIDOSCOPE GROUP DEFINTIONS DIVERSITY Variety of abilities, skills, experiences, and cultural backgrounds in all stakeholders EQUITY The quality of being fair and impartial INCLUSION To value and leverage differences to achieve enhanced results UNITY Everyone brings their best and effectively collaborates to achieve outstanding organizational results WHO WE ARE 9/7/2021© THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.10 VISION UNITY We are better together! MISSION Achieving tangible outcomes through transformational services STRENGTH We are Real People having Real Conversations about Real Issues to create Real Change leading to Real Impact! WE ARE THE KALEIDOSCOPE GROUP Valerie Taylor Mitch Brown Marchelle Costa Chris Georgas James Gillespie Doug Harris Joe Gaspero Amber Payton Brian Johnson Clarice Taylor Fariha Siddiquie Olivet Jones Margarita De Leon Arielle Kohn Kevin Murphy Dawn Bryan Jodi Matas Jackie Baldyga Dave Ramseur Andrea Sullivan Laurie Jo Elliot Gradiola Kapaj Reggie Ponder Aarin Haney Joyce Trimuel Katherine Banks Kasia Ganko Rodriguez Gary Alveranga Elmostafa Aissaoui Chere Nabor Chris Bintliff David Walsh Katarina Vinyard-Perez Mary Hunter Alexandria Scoz Jeffery Strader Lindsay Ciardelli Tanya Settles Janet Blum Amy Zimmerman Melanie Muñoz Livia Davis Flor García Hanlie Van Wyk Marcelo Baudino Natalie Guzman Roberta Grossi Samkelo Blom Kevin Strader Sarah Lokay Jessie Lee Sue O’Halloran Terrence Fletcher Trisha Carter Jodi Norgaard 12/4/2020© THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.11 CITY OF CLEARWATER -ENGAGEMENT TEAM Michael Washington HR SME/Executive Consultant Terrence Fletcher HR?DEI Assessment Consultant Tanya Settles PH.D Executive Consultant, Engagement Leader Katarina Vinyard-Perez Client Service Manager Jessie Lee PH.D Executive Consultant Chris Georgas Client Operations Partner Mary Hunter SVP of Assessments & Analytics Tom Alexander Data Analytics 12/4/2020© THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.12 © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DISTRIBUTE. KALEIDOSCOPE COMMITMENT TO DEI KALEIDOSCOPE-LIVING DEI: MINORITY MAJORITY COMPANY © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.14 1ALL EMPLOYEES MALE FEMALE (1) TOTAL MALES & FEMALES (2) HANDI-CAPPED (3) WHITE (4) AFRICAN AMER. (5) ASIAN OR PACIFIC ISLANDER (6) NATIVE AMER. ALASKAN NATIVE (7) HISPANIC (8) TOTAL MALES (9) WHITE (10) AFRICAN AMER. (11) ASIAN OR PACIFIC ISLANDER (12) NATIVE AMER.. ALASKAN NATIVE (13) HISPANIC (14) TOTAL FEMALES Officials, Managers and Supervisors 13 1 3 4 2 2 5 Professionals 20 4 2 6 5 7 1 1 14 Technicians 1 1 1 Sales Workers 4 1 1 2 1 1 2 Officeand Clerical 6 1 1 2 3 1 4 Craftspersons (Skilled) Operatives (Semi-skilled) Laborers (Unskilled) Service Workers Apprentices 3 1 1 2 2 TOTAL Total employment fromprevious report(ifany)3 10 1 2 16 1 1 8 2 28 Veterans 1 1 TAB 3: PROJECT DESCRIPTION, METHODOLOGY, TIMELINE AND REPORTING © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DISTRIBUTE. CITY OF CLEARWATER -PROJECT DESCRIPTION CITY OF CLEARWATER GOAL 17 9/7/2021 To promote an organizational culture which embraces diversity, champions inclusive practices, makes intentional decisions through equitable lenses, and ensures a safe space where all can feel respected and have a sense of belonging. © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE. DEI ASSESSMENT RFP –INITIAL AREAS TO REVIEW Development of strategies to strengthen equity policies and practices across the City’s departments, services and programs, Kaleidoscope will review the following minimally: ✓Development of Leadership Pathways for Minority and Women employees ✓Development of Leadership Succession planning ✓Discipline practices, including the Performance Behavior and Management Program (PBMP) processes (five [5] year analysis) ✓Equal Employment Opportunity (EEO) related complaints, both internal and external (five [5] year analysis) ✓Staff sentiment on DEI and their assessment of leadership’s ability to support DEI initiatives ✓Leadership’s assessment on how DEI initiatives can improve citywide, including within their respective departments ✓Development of a more robust City website that highlights DEI policies and trainings ✓Evaluation of City’s current Diversity Leadership Council for better efficiency © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.18 PHASE 1: DELIVERABLES AS OUTLINED IN THE RFP 3-year comprehensive DEI strategic framework that addresses culture and talent management systems that addresses the following areas as called out in the RFP as well as any other areas critical to DEI success: ✓Developing a comprehensive diversity recruitment strategy with the Recruitment and Training Division and the ODES ✓Building a DEI specific webpage for the purpose of sharing City DEI initiatives to employee’s and citizens of the City of Clearwater ✓Training of staff, at all levels, specific to findings using a blended learning approach ✓More effective strategies for Communication of DEI policies and strategies throughout city departments ✓Rebranding and restructuring the DLC or switching to Employee Resource Groups (ERGs) or developing an Executive Diversity Council (EDC) ✓Working with department leadership to develop their own department specific DEI strategic plan to be in alignment with the citywide strategic plan © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.19 © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.20 KALEIDOSCOPE OVERALL COMPREHENSIVE BEST PRACTICE DEI DELIVERABLES FOR CITY OF CLEARWATER ❑Organization & DEI Baseline to inform the Assessment Strategy ❑DEI Vision of Success and Positioning Statements (if not adequately in place) ❑Workforce (Talent Management Practices) DEI Baseline ❑Workplace (Culture) DEI Baseline ❑Benchmarks against Best Practices ❑Recommendations & Priorities ❑3 Year DEI Strategic Framework for Workforce & Workplace ❑Measurement Scorecard & Plan ❑Infrastructure & Governance Plan ❑Accountability Framework ❑Communication Plan ❑DEI Key Stakeholder DEI Competence Roadmap © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DISTRIBUTE. METHODOLOGY KALEIDOSCOPE APPROACH TO TRANSFORMATION DEI JOURNEY 9/7/2021© THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.22 Keys to Success throughout the Journey: (3 Cs) Commitment –Course -Competence Examining 4 Strategic Focus Areas: Workforce –Workplace -Community -Supplier KEYS TO TRANSFORMATION THE 3 C’S Dedication to meaningful accountability gives power to the course Strategic plan gives clear direction and responsibility Culturally competent implementation ensures change 9/7/2021© THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.23 © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DISTRIBUTE. METHODOLOGY KALEIDOSCOPE APPROACH TO ASSESSMENT - WORKFORCE & WORKPLACE 25 DIVERSITY IS OFTEN CONSIDERED IN TERMS OF A RATIO MEASURE. WHAT PERCENTAGE OF YOUR WORKFORCE IS AFRICAN AMERICAN OR LATINX? HOW MANY WOMEN ARE ON YOUR EXECUTIVE LEADERSHIP TEAM? We need to go beyond counting to understand the drivers and impediments of diversity at your organization. Organizational culture has more impact than diversity recruitment efforts because we attract diversity when a genuine appreciation of differences is demonstrated in the workplace. The Kaleidoscope Group has developed a framework to assess levels of inclusion in the workplace. This framework is based on the seven factors of workplace inclusion we have identified through decades of hands-on experience and research. © THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION.DRIVERSCommitment Accountability Equity Individual Connection Having a Voice Value Differences Diverse Representation PERFORMANCE INDICATORSLeadership Direct Manager Personal Accountability for inappropriate behavior Leaders models inclusive behavior Manager active in ensuring inclusive environment Open communication Fair treatment Equitable organizational policies and practices Equal opportunity Merit-based recognition Feelings of Respect Sense of Belonging Authentic self Feel safe to speak up Different opinions perspectives are shared Included in decisions that impact your work Comfortable with different cultures Mutual contact across lines of difference Value and seek different perspectives Multiple perspectives in decision-making Have a diverse organization Organization values diverse talent WORKPLACE INCLUSION SURVEY DESIGN 2 7 The Workplace Inclusion survey is designed around the seven inclusion factors in our framework, each with a set of performance indicators. The standard survey instrument includes 28 statements using a 5-point agreement scale and one open-ended question. However, we can tailor the survey to meet your needs, accordingly, including the addition of custom questions. SURVEY DESIGN Online Mobile optimized © THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION.28 Mode Instrument Participation Total organization Demographic and organizational group breaks recommended May include inclusion driver analysis May include text analytics for open comment question(s) On average takes less than 10 minutes to complete Statements tailored to your organization’s terminology Can include custom questions as needed Enterprise/census survey Average return rates for employees are 65-85% Analysis INTERVIEWS & FOCUS GROUPS: APPROACH Stakeholder Interviews Format: 1:1 -1hour virtual or in person Target: Senior Executives; Functional People Leaders; Key BIPOC influencers Goal -obtain their perspectives on DEI: Case for change Impact and Success Support to DEI Barriers to DEI Support Needed to Lead © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.29 Focus Groups Format: 90m-2 hours virtual or in person; typically follow-up to survey utilizing polling and probing questions Homogenous groups (6-15 pp) (similar gender/gender identity, ethnic/racial group, generation, organizational levels/functions, abilities etc.) to provide a forum for candid sharing and feedback Offer recommendations for change organizationally and individually Design creates an opportunity to compare and contrast how various groups perceive the culture, systems and opportunities Consultants of similar background build trust, create comfort, share insights and coach as needed 30 3 Ps Review Objectives What we set out to uncover…POLICIESDocumented guidelines that govern operations, actions and benefits related to organization resources and goal achievement PROCESSESStated formal steps involved in executing the Policy.PRACTICESThe actual way steps are implemented Examine Talent Management Cycle Policies, Processes and Practices to ensure that Diversity, Equity & Inclusion are appropriately incorporated; and desired inclusive systems, operations, and behaviors are reinforced. © The Kaleidoscope Group, LLC. All rights reserved. No duplication without written permission. Confidential and for Internal Use Only; Not for Distribution SOURCE 3 P’S FRAMEWORK ATTRACT HIRE DEVELOP ADVANCE 1 3 4 5 2 31 © THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION. •Client brand awareness •Employer Branding •Diverse Image •Employee Value Proposition •Job description •Partnerships •Community Involvement •DEI Sourcing Strategy •Events •Sponsorships •University Programs •Job Boards •Internships •Referrals •Diverse Slates •Diverse Interview Teams •Hiring and Selection Competence •Onboarding •Learning and Development •Performance Management •Mentoring •Coaching •Sponsorship •Succession Planning •Diverse Leadership Pipeline •Diverse Promotion, Movement and Retention The Kaleidoscope Group’s approach to assessing HR people practice through a DEI lens focuses on five factors. We use this framework to guide information gathered via interviews and documentation review. DETERMINING YOUR DEI BASELINE: WHAT ARE WE ASSESSING? © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.32 •Policies •Processes •Practices •Experiences •Opportunities •Suggestions •Representation •HRIS Data •Best Practices •Inclusion Drivers •Best Practices •Comparison WORKPLACE WORKFORCE TALENT MANAGEMENTCULTURE EQUITYINCLUSION DIVERSITY DATA REVIEW & INTERVIEWS WITH FUNCTIONAL LEADERS HOLISTIC INDEX DIAGNOSTIC INCLUSION SURVEY STAFF FOCUS GROUPS HOMOGENEOUS QUANTITATIVE ANALYSIS QUALITATIVE ANALYSIS KALEIDOSCOPE CAPABILITY TO MEET ASSESSMENT RFP SCOPE Kaleidoscope has conducted over 75 client assessments over the last 3 years tailored for every client’s needs. For Assessments, Kaleidoscope DEI Capabilities include: •2 Platforms: Qualtrics & Holistic Analytics Tool with dashboarding capability •DEI Reviews •Workforce (Demographics) & Workplace (Culture Experience & Operations) •Talent Management Systems DEI Lens Audit: Attraction, Recruitment, Selection, Onboarding, Performance, Development, Recognition, Advancement, Retention, Transition •Benefits & Compensation Reviews •Research & Benchmark of Best Practices Kaleidoscope Talent Assessment Expertise •12 dedicated Internal Talent Resources with DEI Assessment experience, representing 25% of Kaleidoscope team •Strategic Alliance Partners Assessment Expertise: Supplier, Community & Marketplace •Pipeline of Talent Expertise (10 pp) including global to support assessment implementation for survey, focus groups, and data review and benchmarking/research © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.33 STRATEGIC FRAMEWORK: TEMPLATE 9/7/2021© THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.34 MISSION VISION VALUES POSITIONING STATEMENTS STRATEGIC AREAS OF FOCUS Workforce Workplace Marketplace Community Supplier GOALS . . . . . . . . . . . . . . . MEASURES OF SUCCES . . . . . . . . . . . . . . . KEYS TO SUSTAINABLE CHANGE COMMUNICATION EDUCATION ACCOUNTABILITY INFRASTRUCTURE TIMELINE 2021 2022 2023 What are the aligned collection of individuals, committees, and teams to manage, strategically guide and support I&D success? What are our organization’s principles? What is our strategic direction? How does DEI help drive our mission, vision, and values ? DEI DEFINITIONS DEI VISION OF SUCCESS DEI CASE FOR CHANGE Where will the DEI effort be focused? What are the keys to sustainable change? What are we looking to achieve? How will we measure success? Where will we focus annually? PARTIAL SAMPLE OF EDUCATION ROADMAP BY STAKEHOLDER 9/7/2021© THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.35 The DEI Education Roadmap lays out a detailed development plan for each functional stakeholder group which maps to their unique DEI role and develops the specific competencies they need to fulfill their role. The Roadmap is designed as a phased approach,which typically extends over the course of several years.Phases are intentionally designed with educational content building from one phase to the next.Organizations can choose when to move from one phase to the next based on organizational readiness. © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DISTRIBUTE. METHODOLOGY KALEIDOSCOPE PROPOSAL APPROACH FOR THE CITY OF CLEARWATER PHASE 1 ASSESSMENT (PLAN & TIMELINE) PHASED 1 APPROACH FOR CITY OF CLEARWATER © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.37 STEP 1: CONFIRM THE FOUNDATION & PLAN STEP 2: DEI VISION OF SUCCESS (OPTIONAL) STEP 3: ASSESSMENT IMPLEMENTATION STEP 4: ANALYSIS & SUMMARY REPORT STEP 5: FEEDBACK/REPORTING STEP 6: STRATEGIC ROADMAPS STEP 7 & BEYOND: EXECUTION PLAN (PHASE II) HIGH LEVEL CITY OF CLEARWATER DEI TRANSFORMATION PHASES 9/7/2021© THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.38 1-3 weeks $3,000 1-3 months $25,000 1-2 months $10,000-$30,000 2-3 months $25,000 -$75,000 1-2 months $25,000 -$45,000 1-3 Weeks $12,000 3-6 months TBD -$85,000step1. CONFIRM THE FOUNDATION & PLAN 2. VISION (IF NEEDED-NOT INCLUDED IN COSTS) 3. ASSESSMENT IMPLEMENTATION 4. ANALYSIS & SUMMARY REPORT 5. FEEDBACK & REPORTING 6. STRATEGIC ROADMAPS 7. EXECUTION –PHASE ii key actionsEngagement kick-off meeting Organization Review- DEI Review (~10) Interviews with key leaders/ODES to inform the assessment scope and findings Analysis & Summary Enhancements to Plan/Scope for Assessment Detailed Project Plan Development Communication Executive Interviews to confirm City of Clearwater DEI Vision Alignment & vision session Catch-ball of DEI vision for wide input and positioning Vision Briefing to organization Context, Survey, Data Collection & review, Interviews and Focus Groups: 1. All Staff Culture Survey & Focus Groups (~10-15) implementation 2. Human Capital 3Ps DEI Review and Audit 3. Representation & Retention audit to include trends for underrepresented groups across Clearwater career framework 4. Benchmarking against best practices Analyze all data by business strategic Focus Area Benchmarks High Level Report Summary Recommendations -Employees -Kaleidoscope Priorities Feedback Strategy: 1.Initial Project Team 2.City Leadership 3.Talent Area Leadership team/Functional Leadership Team Communication Cascade Guide ODES/Executive Steering Team to Complete: A. 3-year Strategic Framework B. Measurement Scorecard & Process C. System Integration Plan D. Accountability Framework E. Workforce Systems f. Competence Roadmap TBD based on Phase 6 goalsConfirm the DEI foundation Finalize assessment scope Create detailed project plan Alignment, commitment and buy in to DEI success, case for change, definitions, impact Determine quantitative and qualitative DEI baseline for culture and talent management practices against DEI vision/goals Develop themes and best practice transformation change process Understand the barriers and opportunities to DEI success Comprehensive roadmap to transform Workplace and Workforce Practices Enhancements and integration for talent, systems, operations to ensure success time-frame1-2 months 6-8 weeks 3-5 months 1 month 1 month 1 month TBD © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DISTRIBUTE. REPORTS –GENERICIZED SAMPLES © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DISTRIBUTE. PEOPLE POLICIES, PROCESSES AND PRACTICES FINAL REPORT (CONFIDENTIAL –SAMPLE PARTIAL REPORT) TABLE OF CONTENTS -SAMPLE I.Executive Summary II.Approach III.The Business Case IV.Overarching Observations & Recommendations V.Findings & Recommendations: A.Performance Management B.Disciplinary Actions & PIP C.Talent Planning D.Career Managers E.Promotions & Project Assignments F.Talent Acquisition G.Learning & Development H.Diversity, Equity & Inclusion VI.Recommendations –Impact vs. Effort 41© THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION. PEOPLE POLICIES & PRACTICES –EXECUTIVE SUMMARY 42 KEY FINDINGS ₊Core people processes (i.e. performance management, talent planning, Talent Management, etc.) are well documented ₊DEI resources and content is rich and supports building knowledge and practices for an inclusive workplace ₊Several projects are underway to change/strengthen practices (TA, DEI, Talent Planning, Leadership, etc.) −There is no documented leadership accountability for developing talent or creating a diverse leadership pipeline −Current state demographic data is hard to access and not clearly known even by process owners −Some say the Cultural element can be a challenge for those whose style is different. To “fit in” you have to be social, out going, polished, a storyteller and dynamic RECOMMENDATIONS Give people leaders and program owners the data that they need to understand the demographic mix for their organization and to be effective in driving initiatives Establish leader accountability to enable consistency, fair treatment and build trust. Great people leadership should be equal to great business leadership Centralize core people processes to increase fairness and sustain benefits. Inconsistency plays into execution, accountability and business impact © THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION. PEOPLE POLICIES & PRACTICES – OVERARCHING OBSERVATIONS STRENGTHS Core people processes (i.e. performance management, talent planning, Executive Talent Management, etc.) are well documented Detailed handbooks are available for Talent Acquisition, People Leaders, New Hires BIPOC employees value working at client and being identified as High Performing talent BRGs is are a valuable component of the employee experience DEI resources and content is rich and supports building knowledge and practices for an inclusive workplace Several projects are underway to change/strengthen practices (TA, DEI, Talent Planning, Leadership, etc.) OPPORTUNITIES There is no documented leadership accountability for developing talent or creating a diverse leadership pipeline DEI is not embedded in people processes. There is opportunity for it to be more systemic and a natural part of the talent processes Current state demographic data is hard to access and lacks process owners New people leaders are not required to build or demonstrate foundational people leadership capabilities Some say the Cultural element can be a challenge for those whose style is different. To “fit in” you have to be social, out going, polished, storyteller and dynamic There is a need to create opportunities for BIPOC talent to demonstrate capabilities, increase exposure and support their development 43© THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION. MAKING IMPROVEMENTS IN DEI REQUIRES INTENTION Know Your Data Demographic data is imperative to understanding current state and tracking progress. Every Senior Leader should know: Quarterly review of demographic mix of their organization overall and at each level Quarterly review of mobility data for their organization by demographic group. Compare BIPOC to White, Male to Female. Promotions New Project Assignments/Lateral Moves Turnover New Hires Diversity Mix of Succession Pipelines Diversity Diversity mix for all Courses that require nomination Great People Leadership should be equal to great business leadership Leader Accountability Enables Consistency, Fair Treatment and Builds Trust. Leaders should be consistently accountable for: Adhering to sound execution of core people processes. These processes are in place to support both the manager and the employee Coaching and giving feedback for higher levels of performance Advocating and removing barriers for team members Communicating and facilitating understanding of business goals and results against those goals Having career conversations with direct reports and providing opportunities for development toward career aspirations Cultivating an engaged and inclusive team 44 When these basics are taken for granted Black employees are impacted the most 1 2 Talent Pipeline Oversight Done Well –Done Consistently –Done With Everyone © THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION. PEOPLE POLICIES & PRACTICES – PERFORMANCE MANAGEMENT FINDINGS The Performance Management Process is clearly documented but is missing accountability for leaders to complete the process. Also, the process is not being done consistently throughout the organization The current performance management process possibly drives the wrong behavior; puts the ownership on the employee Feedback for advancing performance and the corresponding coaching is not consistently given BIPOC employees Performance results are considered for key talent processes -Promotions, Leadership program nominations and new opportunities, yet performance is inconsistently documented for employees allowing subjectivity to lead the decisions Clear accountability for completing the Performance Management process was removed, causing BIPOC employees to be unclear about how they are meeting performance expectations and what is required of them to grow their career 45 RECOMMENDATIONS •Make the Performance Management Process required for all employees, not just senior talent as a mechanism for greater understanding and alignment between employee and managers •Hold leaders accountable for completing this process with each of their team members •Create a coaching and development expectation for leaders with all direct reports •Train leaders to give balanced feedback for higher levels of performance and development to support career growth, especially across lines of difference •Establish 2nd level review to support objectivity and completion © THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION. PEOPLE POLICIES & PRACTICES – DISCIPLINARY ACTIONS & PIP 46 Disciplinary Action White Black Hispanic Asian Other #%#%#%#%#% 1 -Counseling xx xx%xx xx%xx Xx%xx Xx%xx Xx% 2 -Formal Warning yy yy%yy yy%yy Yy%yy Yy%yy Yy% 3 -Notice of Reprimand zz zz%zz Zz%zz Zz%zz Zz%zz Zz% 5 -Termination aa aa%aa aa%aa Aa%aa Aa%aa Aa% Performance Improvement Plan bb bb%bb bb%bb Bb%bb Bb%bb Bb% PBOT Reason White Black Hispanic Asian Other #%#%#%#%#% Behavioral observation nn Rr%nn Rr%nn Rr%nn Rr%nn Rr% Performance observation nn ss%nn ss%nn ss%nn ss%nn ss% Removed from client site nn tt%nn tt%nn tt%nn tt%nn tt% Across all disciplinary actions (except Counseling) Black employees are facing disciplinary action at a much higher rate than would be expected given the population In turn, the formally documented actions are following Black and other BIPOC employees at a higher rate. This may have unfair career impacts FINDINGS •The discipline process is blind and should lead to fair treatment •It seems that formal Performance Improvement Plans are possibly being used for Black and other BIPOC employees in place of having hard performance conversations RECOMMENDATIONS •Evaluate Employee Relations write-up of disciplinary actions going to the discipline review team for unintended bias. Training may be required •Ensure HR is pushing back on Managers that may be rushing to PIPs too soon Chart Note: 100% is equal to the proportional population. <100% is a rate less than the proportional population. >100% is a rate above the proportional population. © THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION. PEOPLE POLICIES & PRACTICES –TALENT PLANNING 47 RECOMMENDATIONS •Consider centralizing the oversight for Talent Planning meetings to reduce subjectivity •Use the Profile document in for Talent Planning as well. Lower level Managers have significant responsibility. The categories for review on that document would provide quick view of impact across important leadership aspects and may help catch places of bias across people. Additionally the profile: -Serves as a reminder of accomplishments -Include the aspirations of the talent -Offers a comprehensive view of talent deeper in the pipeline for leaders •Focus on accelerating development for Black talent in Box 3 and 6 for higher levels of performance and exposure FINDINGS •The 9 Box process has been adopted from best practice •Talent Planning is inconsistently applied throughout the organization •Development discussions are not consistently followed up on or shared with the employee •The Talent Planning process is not clearly understood by all and is perceived to subjective © THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION. PEOPLE POLICIES & PRACTICES –CAREER MANAGERS 48 FINDINGS •The role of the Coach is clearly explained in reference materials •Instances where the Coach and Manager are different is generally at lower levels. The Coach’s importance on Career guidance and sustained support is perceived to be more significant at early career levels •The Coach’s ability to support and develop BIPOC talent varies greatly •Mid-level Managers have a great deal of autonomy for making compensation decisions often without the input of a senior leader •Managers feel they often do not have all the information they need to answer questions from their team about business or organizational changes RECOMMENDATIONS •People Leadership training should be mandatory for all new/first time Coaches and DEI content should be embedded •Stronger expectations and accountably for people development and performance management are needed to ensure BIPOC employees have the same support as others •Equip Managers with FAQs for big organizational changes and increase transparency for business decisions to support their ability to authentically answer questions from their team •Embed DEI content links into the handbook and other resource content to support the utilization of keep concepts at the point of need Managers are not judged in their performance reviews for their people management skills and outcomes. Hard to be good at either role when you don’t have the time. © THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION. PEOPLE POLICIES & PRACTICES –PROMOTIONS 49 The data shows Black employees are consistently promoted at a much lower rate and Black employees feel it I’ve seen people get promoted on my shoulders, where I’ve done the work and someone else receives the reward. It’s not always the outcomes, it’s who you know and who likes you. The promotion process now is so subjective, I’m not sure what I believe. I don’t know the selection process and I don’t understand why some decisions are made. This makes me question where bias is at play. If a customer doesn’t accept you, if their environment is so homogenous, it all impacts your career…. 14.1 6.3 9.2 11.5 13.815.7 4.8 10.1 11.8 13.514.8 5.5 8.7 10.9 13.9 0 5 10 15 20 White Black or African American Hispanic or Latino Asian Other Promotion Ration by Race/Ethnicity 2017 2018 2019 © THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION. PEOPLE POLICIES & PRACTICES –TALENT ACQUISITION FINDINGS Talent Acquisition is going through a transformation to scale and hire in advance of need A new DEI role for Talent Acquisition has been created and the proposed strategy is a comprehensive approach to diverse talent attraction There are no hiring targets for BIPOC Talent Acquisition is encouraged to source for a diverse pool of talent, but diverse hiring targets are not part of KPIs due to limited access to data Many 1:1 hires versus multiple candidates for consideration Hiring Managers often move quickly to fill open roles even before posting requisitions Heavy workloads and the fast pace lead some Hiring Managers to only consider people they know who may be available 50 RECOMMENDATIONS •Standardize the hiring and selection (internal & external) process to consistently ensure diverse candidate slates, remove points of bias and safeguard fairness •Clearly articulate goals and establish slate and hiring metrics across each function •Create Interview Criteria aligned to core competencies needed •Identify and effectively engage external (and internal) partners for recruiting BIPOC talent, creating talent pools/pipelines for sourcing •Hold Hiring Mangers accountable to considering diverse interview slates and move away from 1:1 hires •Develop an education plan for recruiters and hiring managers on managing bias in resume review, candidate screening, and the hiring and selection process © THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION. PEOPLE POLICIES & PRACTICES – RECOMMENDATIONS AT-A-GLANCE 51 Performance Management Effort Impact 1 Make the Performance Management Process required for all employees, as a mechanism for greater understanding and alignment between employee and manager 2 Hold leaders accountable for completing this process with each of their team members 5 Train leaders to give balanced feedback for higher levels of performance and development to support career growth, especially across lines of difference Disciplinary Actions & PIP Effort Impact 7 Evaluate Employee Relations write-up of disciplinary actions going to the for unintended bias. Training may be required 8 Ensure HR is pushing back on leaders who may be rushing to PIPs too soon 9 Remove or revise the tracking policy. May be biasing employees' new team before they get a chance to prove themselves. Only the most severe or in process actions should be cause for new leadership team notification Effort Required Low –In progress or easy to implement Medium –Requires Stakeholdering High –Requires Investment & Stakeholdering Impact Low –Not enterprise-wide, important but does not drive significant DEI change Medium –Improves culture of equity, inclusion and fairness High –Enterprise-wide, foundational to DEI change, addresses systemic barriers/ bias, increases accountability Sample –Listed 3 recommendations per section -not an exhaustive list of recommendations © THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION. PEOPLE POLICIES & PRACTICES – RECOMMENDATIONS AT-A-GLANCE 52 Promotions & Project Assignments Effort Impact 19 Create required promotion criteria by level that outlines specific ranges for areas that can be quantified: -Surpassing goals over a sustained period -Demonstrating technical, functional, or business leadership impact -Size of the business portfolio -Size of team -Number of new contract wins -Ability to expand the offerings to new clients -New value created 20 Establish ways for employees to raise their hand for promotion and other new opportunities beyond the Manager 21 Create standard process for staffing a new or expanding client team to fairly consider talent beyond who you know Talent Acquisition Effort Impact 23 Standardize the hiring and selection (internal & external) process to consistently ensure diverse candidate slates, remove points of bias and safeguard fairness 25 Create Interview Criteria aligned to core competencies needed 27 Hold Hiring Mangers accountable to considering diverse interview slates and move away from 1:1 hires Effort Required Low –In progress or easy to implement Medium –Requires Stakeholdering High –Requires Investment & Stakeholdering Impact Low –Not enterprise-wide, important but does not drive significant DEI change Medium –Improves culture of equity, inclusion and fairness High –Enterprise-wide, foundational to DEI change, addresses systemic barriers/ bias, increases accountability Sample –Listed 3 recommendations per section -not an exhaustive list of recommendations © THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION. PEOPLE POLICIES & PRACTICES – RECOMMENDATIONS AT-A-GLANCE 53 Learning & Development Effort Impact 29 Allocate time for continuing education related to developing and strengthening people leadership skills. Make it an expected factor around which Managers will be evaluated as with sales and other key criteria 32 DEI content should be embedded into all courses as part of standard practice to make DEI practices a normal part of being 33 Track the demographic mix of nomination-based courses, as well as the pipeline of employees eligible to attend Diversity, Equity & Inclusion Effort Impact 34 Hire an experienced DEI leader to report into the CEO or an Executive Leadership Team member to facilitate visioning, drive strategy and steward company-wide execution 35 Establish targets for the BIPOC population at The Client to support diversifying the organization across all levels 40 Hold Leaders accountable to changing the demographic mix of their organization to match workplace targets. Achieved both through external hiring and internal mobility Effort Required Low –In progress or easy to implement Medium –Requires Stakeholdering High –Requires Investment & Stakeholdering Impact Low –Not enterprise-wide, important but does not drive significant DEI change Medium –Improves culture of equity, inclusion and fairness High –Enterprise-wide, foundational to DEI change, addresses systemic barriers/ bias, increases accountability Sample –Listed 3 recommendations per section -not an exhaustive list of recommendations © THE KALEIDOSCOPE GROUP, LLC. ALL RIGHTS RESERVED. NO DUPLICATION WITHOUT WRITTEN PERMISSION. WORKPLACE CULTURE ASSESSMENT EXAMPLES (PIECES) LEVEL OF REPORTS We recommend multiple reports, tailored to support the needs of different stakeholder groups: © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.55 Executive Leadership Update Assessment results and recommendations critical to the overall direction of the company, business growth and strategy Strategic Summary High-level report of key findings by each area of focus and recommendations to support DEI strategy planning Business Area Detailed assessment findings and recommendations for each area of focus, to serve as reference points for business area teams TYPE OF REPORTS SUMMARY DATA IMPACT DRIVERS 9/7/2021© THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.56 BIG 5 OPPORTUNITY AREAS Commitment There is low awareness of Company’s committed to real change Commitment to ID+E must continue at the highest levels of the organization and with broad visibility. Live it, don’t just say it Transparency There is a lack of transparency in decision-making, promotion criteria and other career mobility factors Transparency supports the sustainable success of every ID+E effort. It has been correlated to positive employee morale, trust and loyalty Trust The subjectivity of promotion and performance review is raising concerns about fairness and bias Trust is built over time by keeping commitments, being transparent and having open and honest communication Accountability Processes are often ignored or followed according to individual discretion leading to inconsistent results across business units Process and practice accountability identifies gaps, reduces subjectivity and enables consistency and fair treatment Inclusive Leadership Inclusive leadership principles are not being followed significantly impacting the career and experiences of employees Great people leadership should be equal to great business leadership. Live Company's values as completely internally as you do externally 57 EXAMPLE DELIVERABLE ONLY. NOT ACTUAL DATA OR RECOMMENDATIONS. © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE. THE DATA SUPPORTS EMPLOYEE SENTIMENT 58 Disciplinary Action White Black Hispanic Asian Other #%#%#%#%#% 1 -Counseling 78 100.40%11 83.20%7 94.10%11 85.30%9 181.00% 2 -Formal Warning 30 83.00%9 146.30%6 181.00%8 181.00%1 45.00% 3 -Notice of Reprimand 13 97.10%6 263.30%1 78.00%0 0.00%0 0.00% 5 -Termination 34 76.90%19 252.70%3 70.90%5 68.20%5 181.00% 6 -Performance Improvement Plan 24 5 85.00%74 157.30%34 181.00%39 181.00%21 88.60% TALENT PIPELINE. Black people make up 8.1% of the organization. They are only represented at or above that percentage at lower levels of the organization DISCIPLINARY ACTIONS. Disciplinary actions are going to BIPOC at higher proportional rates. Especially Black employees PROMOTIONS. Black employees are 6% less likely to be promoted in a given year than their colleagues 300 809 3302 6812 3612 1014 375 24 89 67 51 0 2160 395 1336 830193 108 88 420 1490 2359 933 197 73 2 13 7 Admin Professional Consultant Senior Consultant Associate Lead Associate Senior Associate Principal/ Director Exec Advisor Vice President Officer . 9 BOX. Black employees routinely have lower nine box ratings. While White employees routinely have higher, more favorable nine box ratings HIRING PROCESS. We see a 10 percent drop in Black employees from interview to offer accepted 2018 2019 2020 White Black or African AmericanHispanic or Latino Other Asian EXAMPLE DELIVERABLE ONLY. NOT ACTUAL DATA OR RECOMMENDATIONS. IMPACT IS NOT ALIGNING WITH INTENT Employee skills in working across lines of difference are perceived disproportionately by race and ethnicity 59 56 54 51 51 51 54 56 53 71 74 71 59 69 72 74 79 My organization properly trains team members on how to serve customers from many different backgrounds and perspectives Employees here actively seek different opinions and perspectives when achieving work outcomes. Employees from different backgrounds regularly share their knowledge Employees here are skilled in interacting with other cultures and perspectives White Asian Latino/a/x African American Executives (50%) and Senior Leaders (48%) share low agreement on training to serve diverse patients © The Kaleidoscope Group, LLC. All rights reserved. No duplication without written permission. EXAMPLE DELIVERABLE ONLY. NOT ACTUAL DATA OR RECOMMENDATIONS. DRIVERS OF INCLUSION 60 •Feelings of respect, communication, equitable treatment and leadership commitment most drive feelings of inclusion at Company's. •Improving performance on everyone feeling they can voice a different opinion, along with open and honest communication, will yield the greatest ROI for your strategic efforts. EXAMPLE DELIVERABLE ONLY. NOT ACTUAL DATA OR RECOMMENDATIONS. TAB 4: REFERENCES CLIENT REFERENCES FOR CITY OF CLEARWATER 9/7/2021© THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.62 City of Metro Nashville The Fire Department of New York Village of Arlington Heights, Illinois Shannon Hall Michelle Maglione Mary Rath HR Director Asst. Deputy Commissioner Director of Human Resources 615-862-6640 718-999-2039 312-692-3326 shannon.hall@nashville.gov MicheleJ.Maglione@fdny.nyc.gov Mary.rath@vah.com •Client Partner since 2018 •Comprehensive DEI audit of culture including survey, focus groups and interviews •Audit of People Practices •Review Community Strategy •Develop Strategic Comprehensive Roadmap & Implementation Plan •Education for Senior Leaders •Currently engaged in Train the Facilitator education for DEI •DEI assessment for Fire Service, EMS & Civilian •Tailored 4-hour education for all FS Personnel (~10,500). •Completed March 2018 •Conducted TTF for 20 FS Personnel to deliver education to FS new hires, EMS & Civilian staff •Client Partner since 2019 •Conducted organization wide assessment •Engaged in community outreach and facilitated community listening sessions •Designed tailored strategic planning template for the Village •Review of critical mission law enforcement policies, including response to resistance OUR VALUED GOVERNMENT & MUNICIPALITY CLIENTS 9/7/2021© THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.63 A SELECTION OF OUR CLIENTS January 2020© THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE. TAB 5: COST OF SERVICES COST TABLE FOR DEI ASSESSMENT PHASE 1 -STEPS 1-6 © THE KALEIDOSCOPE GROUP. CONFIDENTIAL AND PROPRIETARY. DO NOT DUPLICATE.66 SERVICE STEPS ESTIMATED HOURS NFP FEES TIMEFRAME 1: CONFIRM THE FOUNDATION & PLAN 81 $14,700 1 Month 2: DEI VISION OF SUCCESS (OPTIONAL) 48 $18,000 1-2 Months 3: ASSESSMENT IMPLEMENTATION (culture survey, 10-15 focus groups, talent management systems 3P audit) 270 $75,200 3-5 Months 4: ANALYSIS & SUMMARY REPORT 168 $47,000 1 Month 5: FEEDBACK/REPORTING 50 $13,880 1 Month 6: 3 YR STRATEGIC ROADMAPS (WORKFORCE, WORKPLACE, EDUCATION)174 $49,200 2 Months SUBTOTAL PROFESSIONAL FEES 542-590 $199,980-$217,980 7-9 months SURVEY PLATFORM FEE ($5 P/P)NA $9,000 NA TRAVEL NA ~$15,000 NA GRAND TOTAL -*Note -Costs can be adjusted in line with client needs and parameters.$223,980-$241,980 TAB 6: OTHER FORMS (SEPARATE ATTACHMENT READS TAB 6) File name: RFP5221CLEARWATER_FILLEDOUT_NOTARY.pdf Document ID: B321BA90-0FD9-11EC-BDF3-D7594E7213EB Status: Completed Our Notarization Process OnlineNotary.net is a Virginia Based Notarization firm. Following document has been notarized by us.The Commonwealth of Virginia signed into law SB 827 and HB 2318. These billsauthorize and allow for approved, certified Virginia Notaries to legally notarize any signature within anyUS State by using audio-video capturing technology. We use highest standard Personal IdentityValidation, UETA and ESIGN ACT during our notarization process and have fully vetted signers in thisdocument. We also keep video recordings of each notarization in an event if needed by court of law.You may also scan the QR code on the right to validate this document instantly. Document History 2021-09-07 Document signed by Chris Georgas (chris.georgas@kgdiversity.com) IP: 2600:1700:3051:d510:c871:8100:aef:fd8608:53:34 EST 2021-09-07 Document signed by Samantha Nye IP: 107.23.206.22009:02:35 EST 2021-09-07 eNotary signed by Samantha Nye IP: 107.23.206.22009:02:35 EST 2021-09-07 Document delivered to Chris Georgas(chris.georgas@kgdiversity.com) via email. IP: 107.23.206.22009:02:35 EST Powered by TCPDF (www.tcpdf.org) 1 / 1 Document Id: B321BA90-0FD9-11EC-BDF3-D7594E7213EB OnlineNotary.net Page 1/31 VENDOR CERTIFICATION OF PROPOSAL DEI Culture Assessment 26 RFP #52-21 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondentcertifies that they are not in violationof section6(j) of the FederalExport AdministrationActand not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: The Kaleidoscope Group, LLC Christina M. Georgas COO September 1, 2021 Document Id: B321BA90-0FD9-11EC-BDF3-D7594E7213EB OnlineNotary.net Page 27/31 SCRUTINIZED COMPANIES FORMS DEI Culture Assessment 27 RFP #52-21 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including,but not limited to, acquiring,developing, maintaining, owning,selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE The Kaleidoscope Group, LLC Christina M. Georgas COO Virginia Lynchburg COOChristina M. Georgas Samantha Nye September 30, 2021 Document Notarized using a Live Audio-Video Connection SAMANTHA NYE ELECTRONIC NOTARY PUBLIC COMMONWEALTH OF VIRGINIA REGISTRATION # 7747969 COMMISSION EXP SEPTEMBER 30, 2021 Notary Stamp Placed at 2021/09/07 09:02:37 EST hmx6t Driver LicenseThe Kaleidoscope Group, LLC 2107September Document Id: B321BA90-0FD9-11EC-BDF3-D7594E7213EB OnlineNotary.net Page 28/31 SCRUTINIZED COMPANIES FORMS DEI Culture Assessment 28 RFP #52-21 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE Christina M. Georgas COO The Kaleidoscope Group, LLC Christina M. Georgas Lynchburg Virginia Samantha Nye September 30, 2021 Document Notarized using a Live Audio-Video Connection SAMANTHA NYE ELECTRONIC NOTARY PUBLIC COMMONWEALTH OF VIRGINIA REGISTRATION # 7747969 COMMISSION EXP SEPTEMBER 30, 2021 Notary Stamp Placed at 2021/09/07 09:02:37 EST fwczc The Kaleidoscope Group, LLC COO Driver License 2107September Document Id: B321BA90-0FD9-11EC-BDF3-D7594E7213EB OnlineNotary.net Page 29/31 E-VERIFY ELIGIBILITY FORM DEI Culture Assessment 29 RFP #52-21 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE Christina M. Georgas COO The Kaleidoscope Group, LLC Christina M. GeorgasCOO The Kaleidoscope Group, LLCDriver License Samantha Nye September 30, 2021 Document Notarized using a Live Audio-Video Connection SAMANTHA NYE ELECTRONIC NOTARY PUBLIC COMMONWEALTH OF VIRGINIA REGISTRATION # 7747969 COMMISSION EXP SEPTEMBER 30, 2021 Notary Stamp Placed at 2021/09/07 09:02:37 EST ggus5 Virginia Lynchburg 07 September 21 Document Id: B321BA90-0FD9-11EC-BDF3-D7594E7213EB OnlineNotary.net Page 30/31 Real People,Real Conversations,Real Issues,Real Change! KGDIVERSITY.COM/GET-STARTED •312.274.9000 •INFO@KGDIVERSITY.COM Christina “Chris” Georgas is the Chief Operating Officer at The Kaleidoscope Group (KG), a full-service diversity, equity and inclusion (DEI) consulting firm dedicated to impactfully transforming organizations. Her primary role is focused on vision and results achievement and leading operations associated with client, vendor and employee strategic touch-points. Chris also plays a role in the selection, development,and resourcing of internal and external staff, practice areas, alliance partners and associates. Since 1994, Chris has served and led a wide variety of Kaleidoscope Group clients across numerous industries. Some of the clients that she recently developed and partnered with include Blue Cross Blue Shield, Coca-Cola Enterprises, The City of New York, FDNY, First Citizens Bank, Gulfstream Aerospace Corporation, McDonald’s Corporation, City of Nashville Metro, Booz Allen Hamilton, Navy Pier,MLB,Chicago Bears,and John G.Shedd Aquarium, just to name a few. She has over 25 years of experience in overall and DEI transformation and change management, leadership development, client service, relationship management, strategic operations, and execution. She utilizes her visionary existence, strategic construct and collaborative spirit to engage all stakeholders to play their role affecting the change process. Chris has proven abilities to develop key relationships as a strategic thought partner with a variety of stakeholders from CEOs to Executives to Individual Contributors across all functions, meeting people where they are and guiding them on tailored journeys to where they need to be; all in the name of helping everyone grow and achieve their potential. and goals. Chris earned her degree in paralegal studies from the American Institute for Paralegal Studies in 1992. Outside of Kaleidoscope, she enjoys traveling, reading, and spending time at the beach and with her family. She resides in Chicago,IL.& Bradenton, FL. CHRISTINA GEORGAS CHIEF OPERATING OFFICERCLIENT OPERATIONS PARTNER TARGET AUDIENCE Executive Sessions One-on-One Coaching Executives HR Practitioners D&I Practitioners Directors/ManagersKGDIVERSITY.COM/GET-STARTED • 312.274.9000 • INFO@KGDIVERSITY.COM Real People, Real Conversations, Real Issues, Real Change! Dr. Lee is a Strategic Alliance Partner and Executive Consultant for the Kaleidoscope Group, a law enforcement executive, senior advisor, and a strategy consultant who has championed diversity and inclusion in public safety, law enforcement, and higher education. Dr. Lee is the former Executive Director of the National Organization of Black Law Enforcement Executives and currently serves as a senior advisor to the Executive Search and Assessment Center team for the International Association of Chiefs of Police. In this role, Dr. Lee oversees a variety of large management studies. Dr. Lee has also served on the Board of Directors of the Community Policing Consortium. Dr. Lee specializes in working with police agencies to improve and strengthen relationships with the community and has collaborated with 4 U.S. Attorneys General to advise public policy related to special populations, minorities, and community relations. He is a skilled researcher who specializes in conducting focus groups with the purpose of developing quantitative data collection instruments to address management and organizational problems related to diversity and inclusion. In addition to his work with national and international law enforcement organizations, Dr. Lee has served on a number of national advisory boards, including Mothers Against Drunk Driving and the National Center for Missing and Exploited Children. Dr. Lee earned his Ph.D. in Public Policy and Administration from Walden University. JESSIE LEE, PH.D STRATEGIC ALLIANCE PARTNER & EXECUTIVE CONSULTANT TARGET AUDIENCE Executives HR Practitioners D&I Practitioners Directors/ManagersKGDIVERSITY.COM/GET-STARTED • 312.274.9000 • INFO@KGDIVERSITY.COM Real People, Real Conversations, Real Issues, Real Change! Katarina Vinyard-Perez is an Operations Specialist for The Kaleidoscope Group (KG), a full-service diversity and inclusion consulting firm dedicated to unlocking human potential. She is responsible for overseeing the day-to-day procedures to ensure organizational effectiveness, efficiency, and safety. As Operations Specialist, Katarina is responsible for developing intra-office communication protocols, overseeing HubSpot utilization, collaborating with IT for technology needs and equipment, and contributing to DEI practice area(s). Katarina’s goal is to coordinate and provide support with all business units so KG can provide the best service to clients throughout their relationship with the firm. Katarina’s background is in operations, employee relations, and HRIS systems training. Through her experience in these areas, she has refined her communication skills and consistently improved organizational efficiencies. She believes there are always areas to grow – individually, as a team, and as an organization. Katarina strives to increase efficiencies and collaborate with team members for their feedback and best practices. Prior to KG, Katarina spent four years working at United Service Companies; her most recent position was Operations Support Specialist. In this role, she was the United Temps, Inc. corporate trainer for HRIS systems and provided client and employee support through the onboarding and hiring lifecycle. At United Service Companies she built upon communication and organizational skills, learned several operations systems, and trained regional managers and administrators across the U.S. Katarina gained invaluable insight on the implementation team for new systems and led by example through her organized and methodical processes for maximized efficiency. Outside of KG, Katarina volunteers with the Chicago Police Memorial Foundation, a not-for-profit dedicated to providing support for families of fallen and catastrophically injured police officers. Their mission also extends to current CPD through suicide prevention as well as special assistance cases. She has taken a special interest in emotional support for the children of police officers who have lost a parent in law enforcement. Katarina has planned outings in the hopes of connecting these children and young adults so they can create and build stronger relationships. She herself is the child of a fallen CPD officer and knows first-hand the importance of connecting with others in similar situations and the reassurance you are never alone. Katarina aspires to combine her personal experiences with continuing higher education to address the relationship between law enforcement and communities. She understands the complex challenges and hopes to elevate trust and equity to transport the current relationship to where it can be. She holds a B.A. in Economics from the University of Iowa and has started the MBA program at DePaul University while completing her Certificate in Community Development. Outside of work Katarina enjoys walking her rescue dog, Stevie, along the lakefront, experimenting with new recipes, going to Sox games, and spending time with family and friends. She cannot wait to use her passport again and her next international travel will be to Japan during blossom season or Italy to eat endless pasta, sightsee, and tour vineyards. KATARINA VINYARD-PEREZ OPERATIONS SPECIALIST TARGET AUDIENCE Executives HR Practitioners D&I Practitioners Directors/ManagersKGDIVERSITY.COM/GET-STARTED • 312.274.9000 • INFO@KGDIVERSITY.COM Real People, Real Conversations, Real Issues, Real Change! Mary Hunter is the Senior Vice President of Assessments and Analytics for The Kaleidoscope Group, a consulting firm dedicated to providing organizations with strategies and solutions for diversity and inclusion. She leads the assessment and research team, utilizing custom research among employees to support critical decisions on investment and strategy. Her previous tasks include providing senior-level strategic leadership to the firm’s sales team and working with that team to grow and establish client relationships. Hunter has nearly fifteen years of experience in consumer marketing research as a key account manager at three of the top four global research firms. She has the ability to consider various alternatives while being decisive in choosing the best route for an organization, and clients. She is also capable of interpreting data that is not only easy for one to understand but relevant to the needs of clients. Considering her extensive experience in growing client relationships, Hunter is highly articulate with the ability to make authentic connections with many different kinds of stakeholders. Hunter’s career began as the Membership Manager at the San Diego Museum of Contemporary Art. She oversaw a 3,000 person membership program and developed Hispanic outreach initiatives. By utilizing her fluency in Spanish, she supervised the communications and bilingual liaison for the initiatives of local Hispanic community organizations. It was at TNS where Hunter began honing in on market research. As the Account Manager, she worked with the multicultural team utilizing her skills in strategy in order to develop new businesses, lead project teams to ensure execution, and interpret research findings to provide consumer insights and recommendations. As time went on, she was promoted to Vice President. She was tasked with driving the U.S. multicultural revenue growth on behalf of the Procter & Gamble-dedicated division at TNS. After her time at TNS, Hunter began working at GFK Custom Research LLC, a company that focuses on maximizing marketing, sales, and organizational effectiveness. One of her responsibilities included leading a project team of six researchers to ensure flawless execution and interpret research findings to deliver insights and clear direction. More of Hunter’s responsibilities included new business development through consultative sales and delivering custom research solutions to guide client business growth. After a while, she began working at IPSOS as the Vice President. Hunter led the client service team that was responsible for utilizing consultative research sales, execution, and actionable results delivery to build and maintain client relationships. She also doubled revenue from existing clients through active prospecting across the organization and surpassed the annual sales goal for an account that was formerly in decline by the end of the second quarter in 2015. Hunter received her Bachelor's degree in Art History from the University of Nebraska-Lincoln and her Master’s degree in Arts Administration from New York University. With a love of traveling, she has lived and worked in Chile for a few years. She is based in Naperville, Illinois. MARY HUNTER SENIOR VICE PRESIDENT OF ASSESSMENTS & ANALYTICS TARGET AUDIENCE Executives HR Practitioners D&I Practitioners Directors/ManagersKGDIVERSITY.COM/GET-STARTED • 312.274.9000 • INFO@KGDIVERSITY.COM Real People, Real Conversations, Real Issues, Real Change! Michael A. Washington is a consultant for the Kaleidoscope Group. He has held numerous positions with Shell Oil Company for 13 years, more recently as General Manager of a Catalyst Manufacturing facility, Continuous Improvement Expert, Global Commercial for the Americas delivering more than 70 million dollars in optimization improvements over 4 years and as V.P North American Logistics Operations, Shell Lubricants with responsibility for over 30 Distribution Centers and blending plant warehouses in the United States and Canada and staff in the Philippines. This role in North American Supply Chain is responsible for a quarter billion- dollar operational budget and over 400 staff and managers. He previously served as the Director of Business Development and Strategic Marketing and Director of Contract Manufacturing for Diversapack, LLC, a certified Minority Business Enterprise manufacturer of flexible films and contract manufactured products. Dr. Washington was also President and CEO of Pedes Inc, a supply chain management company focusing on enabling vendor managed inventory programs for major food and beverage manufacturing organizations. His experience prior to these ventures was at Procter and Gamble in various capacities in the Engineering Division for Package Soaps and Detergents, Research and Development (PS&D) and Corporate Purchases (Target HUBs) Department. He received degrees in chemistry and chemical engineering from Fisk University and Tuskegee Institute, respectively. A Master of Arts in History and Culture and a PhD in Interdisciplinary Studies concentration, Ethical and Creative Leadership (both from Union Institute and University). He has expanded his business perspective and skill set by attending executive educational programs at Wharton, Dartmouth and Emory Universities. This diversity in experience, education, corporate and entrepreneurial endeavors along with continuous community service, add depth and texture to expanding diversity, equity and inclusion efforts. He is married to Davida Smith, Tuskegee U Chemical Engineering graduate and the father of (daughter) Akili, a Tuskegee U Chemical Engineering graduate and a son, Ajani at Howard University. MICHAEL WASHINGTON CONSULTANT TARGET AUDIENCE Executive Sessions One-on-One Coaching Executives HR Practitioners D&I Practitioners Directors/ManagersKGDIVERSITY.COM/GET-STARTED • 312.274.9000 • INFO@KGDIVERSITY.COM Real People, Real Conversations, Real Issues, Real Change! Dr.Settles is a Strategic Alliance Partner and Executive Consultant for the Kaleidoscope Group and the Chief Executive Officer of Paradigm Public Affairs, LLC. Dr. Settles brings a wealth of experience in public safety, higher education, and policy and program evaluation. Prior to forming Paradigm Public Affairs, she held leadership roles in law enforcement in Colorado and was appointed to the Colorado Peace Officer Standards and Training Board in 1999 as a subject matter expert in academy curriculum and training. Dr.Settles has also held leadership roles with the Office of the Colorado State Auditor as a Senior Auditor for performance audits related to health care and criminal justice programs in the state of Colorado. Before accepting a faculty position at the University of Texas at San Antonio, Dr. Settles served as the Director of Strategic Planning for the Denver Police Department and worked in the patrol division of the Lakewood, Colorado Police Department. While in Texas, she created and facilitated restorative justice processes in Bexar County and Boerne, Texas, collaborated with the Texas Department of Criminal Justice and the Annie E. Casey Foundation on a national offender reentry project, and conducted the statewide program evaluations for federal grants in Texas and Colorado. Dr. Settles has extensive experience in developing survey instruments and has developed, or overseen survey development, data collection, and data analysis for over 150 projects both in academic and practical applications. In addition to her faculty role at The University of Texas at San Antonio, Tanya has also served on the faculties of Norwich University, the University of Colorado at Denver, and the Metropolitan State University of Denver. Dr.Settles’ work focuses on police and community relations, diversity and inclusion in higher education, and the impacts of natural and human-caused disasters on at-risk and diverse populations. Tanya is an active advocate for Alzheimer’s Disease policy research and serves on the Board of Directors of Catherine’s Legacy, a Colorado nonprofit organization dedicated to providing support to caregivers of people affected by Alzheimer’s Disease and other dementias. Tanya received her Ph.D. in Public Affairs from the University of Colorado at Denver. TANYA SETTLES STRATEGIC ALLIANCE PARTNER & EXECUTIVE CONSULTANT TARGET AUDIENCE Executives HR Practitioners D&I Practitioners Directors/ManagersKGDIVERSITY.COM/GET-STARTED • 312.274.9000 • INFO@KGDIVERSITY.COM Real People, Real Conversations, Real Issues, Real Change! Terrence is a Consultant for the Kaleidoscope Group. His mission is to help others bring their “real selves” to the workplace, interpersonally, and to the community. He helps leaders recognize and develop their own skills, strength, and leadership capacity. Throughout his career, he has worked in several organizations as an operations leader, safety leader, human resource leader, and principal consultant. Specifically, he began his career in an organization that lost a workplace lawsuit based upon racial discrimination. It was then he decided he wanted to be a part of the change and took on a role where he assisted in the recruitment of diverse individuals and had a voice within organizations when it came to discussing diversity, equity, and inclusion. Terrence holds a bachelor’s degree in business and finance from Park University, and a master’s of science in organizational development from The American University (D.C.) and NTL Institute. While performing as a principal consulting for Behavioral Science Technology, he consulted to international clients such as BASF, BNSF, and Areva Mining. At Shell US/Canada, he provided and led human resources/labor relations for Pennzoil Lubricants and Chemical organizations. And prior roles included Sunoco Refining and The Williams Companies. Specific projects included reorganization hiring processes to improve the talent pipelines for people of color and women in Technical skills (Engineering); introduced Affinity groups (Employee Resource Groups) to Williams Pipelines; multiple labor relations and negotiations; and, managing HR performance management process to ensure internal equity across gender and racial lines at Shell. Terrence has conducted many workshops on personal and leadership development, diversity and inclusion, just to name a few, while being a life member of the NAACP. He has also held membership in the Organizational Development Network, Society of Human Resource Management, and American Society of Training and Development. Terrence resides in Missouri City, Texas with his wife, best friend, and partner, Suzan. They have raised four sons, striving to ensure they are healthy and confident in their own skin and living their dreams (a work in progress). When he is not doing the work of diversity, equity and inclusion, he can be found reading, writing, and learning about functional medicine and natural healing--a passion he will gladly share with anyone. TERRENCE FLETCHER CONSULTANT TARGET AUDIENCE Executives HR Practitioners D&I Practitioners Directors/ManagersKGDIVERSITY.COM/GET-STARTED • 312.274.9000 • INFO@KGDIVERSITY.COM Real People, Real Conversations, Real Issues, Real Change! Tom Alexander is a leader in inclusion and diversity, working across a variety of organizations to support and foster welcoming, open, fair and productive environments in business and in the community. He is the founding partner of Holistic, a technology firm dedicated to improving the entire employee experience through the use of data. Tom is the former chief operating officer for 1871, one of the largest technology incubators in the United States. His role included operation of a facility that houses hundreds of startups, business development efforts focused on integrating 1871 into the Chicago technology economy, and external relations efforts with government and media partners, with a particularly strong focus on diversity and inclusion initiatives which advanced 1871 and helped it become the number one rated university-affiliated incubator in the world. Previously, Tom served as deputy communications director for Mayor Rahm Emanuel. In his role with the Mayor’s office he oversaw day-to-day communication strategy and long-term planning, including events, written press materials, and coordination among city agencies. He additionally played a leading role on the Mayor’s economic council, working to attract and retain companies and jobs to Chicago. Prior to his time in the Mayor’s office, Tom served as a senior communications director at the University of Chicago, a policy and communications projects director in the Office of the Governor of Illinois, and a senior disaster analyst for the U.S. Small Business Administration in Washington, DC. He has also worked as a newspaper reporter, editor of an online business publication, adjunct professor of journalism, and was founder of a small sports newspaper. Tom has a bachelor’s degree in political science from the University of Chicago and a master’s in public policy administration from Northwestern University. He is a notary public, and was selected by former Illinois Governor Jim Edgar as a 2014 Edgar Fellow. Tom serves on a number of boards, including Common Threads National Board, the YWCA Impact Investing Advisory Council, and a number of local technology companies, including LISA App and Noirefy. Tom was selected by the Aparecio Foundation for their inaugural "14 under 45" class in the summer of 2015. Tom lives in Chicago’s Old Irving Park neighborhood with his wife Tiffany, son Ben, twins Lyla and Sam, and his best friend, a Burnese Mountain mix named Shadow. He is available via email at tom@holisticindex.com and is on social media as @tomalexander19. TOM ALEXANDER CONSULTANT THANK YOU! Real People,Real Conversations,Real Issues,Real Change! KGDIVERSITY.COM/GET-STARTED •312.274.9000 •INFO@KGDIVERSITY.COM Christina “Chris” Georgas is the Chief Operating Officer at The Kaleidoscope Group (KG), a full-service diversity, equity and inclusion (DEI) consulting firm dedicated to impactfully transforming organizations. Her primary role is focused on vision and results achievement and leading operations associated with client, vendor and employee strategic touch-points. Chris also plays a role in the selection, development,and resourcing of internal and external staff, practice areas, alliance partners and associates. Since 1994, Chris has served and led a wide variety of Kaleidoscope Group clients across numerous industries. Some of the clients that she recently developed and partnered with include Blue Cross Blue Shield, Coca-Cola Enterprises, The City of New York, FDNY, First Citizens Bank, Gulfstream Aerospace Corporation, McDonald’s Corporation, City of Nashville Metro, Booz Allen Hamilton, Navy Pier,MLB,Chicago Bears,and John G.Shedd Aquarium, just to name a few. She has over 25 years of experience in overall and DEI transformation and change management, leadership development, client service, relationship management, strategic operations, and execution. She utilizes her visionary existence, strategic construct and collaborative spirit to engage all stakeholders to play their role affecting the change process. Chris has proven abilities to develop key relationships as a strategic thought partner with a variety of stakeholders from CEOs to Executives to Individual Contributors across all functions, meeting people where they are and guiding them on tailored journeys to where they need to be; all in the name of helping everyone grow and achieve their potential. and goals. Chris earned her degree in paralegal studies from the American Institute for Paralegal Studies in 1992. Outside of Kaleidoscope, she enjoys traveling, reading, and spending time at the beach and with her family. She resides in Chicago,IL.& Bradenton, FL. CHRISTINA GEORGAS CHIEF OPERATING OFFICERCLIENT OPERATIONS PARTNER TARGET AUDIENCE Executive Sessions One-on-One Coaching Executives HR Practitioners D&I Practitioners Directors/ManagersKGDIVERSITY.COM/GET-STARTED • 312.274.9000 • INFO@KGDIVERSITY.COM Real People, Real Conversations, Real Issues, Real Change! Dr. Lee is a Strategic Alliance Partner and Executive Consultant for the Kaleidoscope Group, a law enforcement executive, senior advisor, and a strategy consultant who has championed diversity and inclusion in public safety, law enforcement, and higher education. Dr. Lee is the former Executive Director of the National Organization of Black Law Enforcement Executives and currently serves as a senior advisor to the Executive Search and Assessment Center team for the International Association of Chiefs of Police. In this role, Dr. Lee oversees a variety of large management studies. Dr. Lee has also served on the Board of Directors of the Community Policing Consortium. Dr. Lee specializes in working with police agencies to improve and strengthen relationships with the community and has collaborated with 4 U.S. Attorneys General to advise public policy related to special populations, minorities, and community relations. He is a skilled researcher who specializes in conducting focus groups with the purpose of developing quantitative data collection instruments to address management and organizational problems related to diversity and inclusion. In addition to his work with national and international law enforcement organizations, Dr. Lee has served on a number of national advisory boards, including Mothers Against Drunk Driving and the National Center for Missing and Exploited Children. Dr. Lee earned his Ph.D. in Public Policy and Administration from Walden University. JESSIE LEE, PH.D STRATEGIC ALLIANCE PARTNER & EXECUTIVE CONSULTANT TARGET AUDIENCE Executives HR Practitioners D&I Practitioners Directors/ManagersKGDIVERSITY.COM/GET-STARTED • 312.274.9000 • INFO@KGDIVERSITY.COM Real People, Real Conversations, Real Issues, Real Change! Katarina Vinyard-Perez is an Operations Specialist for The Kaleidoscope Group (KG), a full-service diversity and inclusion consulting firm dedicated to unlocking human potential. She is responsible for overseeing the day-to-day procedures to ensure organizational effectiveness, efficiency, and safety. As Operations Specialist, Katarina is responsible for developing intra-office communication protocols, overseeing HubSpot utilization, collaborating with IT for technology needs and equipment, and contributing to DEI practice area(s). Katarina’s goal is to coordinate and provide support with all business units so KG can provide the best service to clients throughout their relationship with the firm. Katarina’s background is in operations, employee relations, and HRIS systems training. Through her experience in these areas, she has refined her communication skills and consistently improved organizational efficiencies. She believes there are always areas to grow – individually, as a team, and as an organization. Katarina strives to increase efficiencies and collaborate with team members for their feedback and best practices. Prior to KG, Katarina spent four years working at United Service Companies; her most recent position was Operations Support Specialist. In this role, she was the United Temps, Inc. corporate trainer for HRIS systems and provided client and employee support through the onboarding and hiring lifecycle. At United Service Companies she built upon communication and organizational skills, learned several operations systems, and trained regional managers and administrators across the U.S. Katarina gained invaluable insight on the implementation team for new systems and led by example through her organized and methodical processes for maximized efficiency. Outside of KG, Katarina volunteers with the Chicago Police Memorial Foundation, a not-for-profit dedicated to providing support for families of fallen and catastrophically injured police officers. Their mission also extends to current CPD through suicide prevention as well as special assistance cases. She has taken a special interest in emotional support for the children of police officers who have lost a parent in law enforcement. Katarina has planned outings in the hopes of connecting these children and young adults so they can create and build stronger relationships. She herself is the child of a fallen CPD officer and knows first-hand the importance of connecting with others in similar situations and the reassurance you are never alone. Katarina aspires to combine her personal experiences with continuing higher education to address the relationship between law enforcement and communities. She understands the complex challenges and hopes to elevate trust and equity to transport the current relationship to where it can be. She holds a B.A. in Economics from the University of Iowa and has started the MBA program at DePaul University while completing her Certificate in Community Development. Outside of work Katarina enjoys walking her rescue dog, Stevie, along the lakefront, experimenting with new recipes, going to Sox games, and spending time with family and friends. She cannot wait to use her passport again and her next international travel will be to Japan during blossom season or Italy to eat endless pasta, sightsee, and tour vineyards. KATARINA VINYARD-PEREZ OPERATIONS SPECIALIST TARGET AUDIENCE Executives HR Practitioners D&I Practitioners Directors/ManagersKGDIVERSITY.COM/GET-STARTED • 312.274.9000 • INFO@KGDIVERSITY.COM Real People, Real Conversations, Real Issues, Real Change! Mary Hunter is the Senior Vice President of Assessments and Analytics for The Kaleidoscope Group, a consulting firm dedicated to providing organizations with strategies and solutions for diversity and inclusion. She leads the assessment and research team, utilizing custom research among employees to support critical decisions on investment and strategy. Her previous tasks include providing senior-level strategic leadership to the firm’s sales team and working with that team to grow and establish client relationships. Hunter has nearly fifteen years of experience in consumer marketing research as a key account manager at three of the top four global research firms. She has the ability to consider various alternatives while being decisive in choosing the best route for an organization, and clients. She is also capable of interpreting data that is not only easy for one to understand but relevant to the needs of clients. Considering her extensive experience in growing client relationships, Hunter is highly articulate with the ability to make authentic connections with many different kinds of stakeholders. Hunter’s career began as the Membership Manager at the San Diego Museum of Contemporary Art. She oversaw a 3,000 person membership program and developed Hispanic outreach initiatives. By utilizing her fluency in Spanish, she supervised the communications and bilingual liaison for the initiatives of local Hispanic community organizations. It was at TNS where Hunter began honing in on market research. As the Account Manager, she worked with the multicultural team utilizing her skills in strategy in order to develop new businesses, lead project teams to ensure execution, and interpret research findings to provide consumer insights and recommendations. As time went on, she was promoted to Vice President. She was tasked with driving the U.S. multicultural revenue growth on behalf of the Procter & Gamble-dedicated division at TNS. After her time at TNS, Hunter began working at GFK Custom Research LLC, a company that focuses on maximizing marketing, sales, and organizational effectiveness. One of her responsibilities included leading a project team of six researchers to ensure flawless execution and interpret research findings to deliver insights and clear direction. More of Hunter’s responsibilities included new business development through consultative sales and delivering custom research solutions to guide client business growth. After a while, she began working at IPSOS as the Vice President. Hunter led the client service team that was responsible for utilizing consultative research sales, execution, and actionable results delivery to build and maintain client relationships. She also doubled revenue from existing clients through active prospecting across the organization and surpassed the annual sales goal for an account that was formerly in decline by the end of the second quarter in 2015. Hunter received her Bachelor's degree in Art History from the University of Nebraska-Lincoln and her Master’s degree in Arts Administration from New York University. With a love of traveling, she has lived and worked in Chile for a few years. She is based in Naperville, Illinois. MARY HUNTER SENIOR VICE PRESIDENT OF ASSESSMENTS & ANALYTICS TARGET AUDIENCE Executives HR Practitioners D&I Practitioners Directors/ManagersKGDIVERSITY.COM/GET-STARTED • 312.274.9000 • INFO@KGDIVERSITY.COM Real People, Real Conversations, Real Issues, Real Change! Michael A. Washington is a consultant for the Kaleidoscope Group. He has held numerous positions with Shell Oil Company for 13 years, more recently as General Manager of a Catalyst Manufacturing facility, Continuous Improvement Expert, Global Commercial for the Americas delivering more than 70 million dollars in optimization improvements over 4 years and as V.P North American Logistics Operations, Shell Lubricants with responsibility for over 30 Distribution Centers and blending plant warehouses in the United States and Canada and staff in the Philippines. This role in North American Supply Chain is responsible for a quarter billion- dollar operational budget and over 400 staff and managers. He previously served as the Director of Business Development and Strategic Marketing and Director of Contract Manufacturing for Diversapack, LLC, a certified Minority Business Enterprise manufacturer of flexible films and contract manufactured products. Dr. Washington was also President and CEO of Pedes Inc, a supply chain management company focusing on enabling vendor managed inventory programs for major food and beverage manufacturing organizations. His experience prior to these ventures was at Procter and Gamble in various capacities in the Engineering Division for Package Soaps and Detergents, Research and Development (PS&D) and Corporate Purchases (Target HUBs) Department. He received degrees in chemistry and chemical engineering from Fisk University and Tuskegee Institute, respectively. A Master of Arts in History and Culture and a PhD in Interdisciplinary Studies concentration, Ethical and Creative Leadership (both from Union Institute and University). He has expanded his business perspective and skill set by attending executive educational programs at Wharton, Dartmouth and Emory Universities. This diversity in experience, education, corporate and entrepreneurial endeavors along with continuous community service, add depth and texture to expanding diversity, equity and inclusion efforts. He is married to Davida Smith, Tuskegee U Chemical Engineering graduate and the father of (daughter) Akili, a Tuskegee U Chemical Engineering graduate and a son, Ajani at Howard University. MICHAEL WASHINGTON CONSULTANT TARGET AUDIENCE Executive Sessions One-on-One Coaching Executives HR Practitioners D&I Practitioners Directors/ManagersKGDIVERSITY.COM/GET-STARTED • 312.274.9000 • INFO@KGDIVERSITY.COM Real People, Real Conversations, Real Issues, Real Change! Dr.Settles is a Strategic Alliance Partner and Executive Consultant for the Kaleidoscope Group and the Chief Executive Officer of Paradigm Public Affairs, LLC. Dr. Settles brings a wealth of experience in public safety, higher education, and policy and program evaluation. Prior to forming Paradigm Public Affairs, she held leadership roles in law enforcement in Colorado and was appointed to the Colorado Peace Officer Standards and Training Board in 1999 as a subject matter expert in academy curriculum and training. Dr.Settles has also held leadership roles with the Office of the Colorado State Auditor as a Senior Auditor for performance audits related to health care and criminal justice programs in the state of Colorado. Before accepting a faculty position at the University of Texas at San Antonio, Dr. Settles served as the Director of Strategic Planning for the Denver Police Department and worked in the patrol division of the Lakewood, Colorado Police Department. While in Texas, she created and facilitated restorative justice processes in Bexar County and Boerne, Texas, collaborated with the Texas Department of Criminal Justice and the Annie E. Casey Foundation on a national offender reentry project, and conducted the statewide program evaluations for federal grants in Texas and Colorado. Dr. Settles has extensive experience in developing survey instruments and has developed, or overseen survey development, data collection, and data analysis for over 150 projects both in academic and practical applications. In addition to her faculty role at The University of Texas at San Antonio, Tanya has also served on the faculties of Norwich University, the University of Colorado at Denver, and the Metropolitan State University of Denver. Dr.Settles’ work focuses on police and community relations, diversity and inclusion in higher education, and the impacts of natural and human-caused disasters on at-risk and diverse populations. Tanya is an active advocate for Alzheimer’s Disease policy research and serves on the Board of Directors of Catherine’s Legacy, a Colorado nonprofit organization dedicated to providing support to caregivers of people affected by Alzheimer’s Disease and other dementias. Tanya received her Ph.D. in Public Affairs from the University of Colorado at Denver. TANYA SETTLES STRATEGIC ALLIANCE PARTNER & EXECUTIVE CONSULTANT TARGET AUDIENCE Executives HR Practitioners D&I Practitioners Directors/ManagersKGDIVERSITY.COM/GET-STARTED • 312.274.9000 • INFO@KGDIVERSITY.COM Real People, Real Conversations, Real Issues, Real Change! Terrence is a Consultant for the Kaleidoscope Group. His mission is to help others bring their “real selves” to the workplace, interpersonally, and to the community. He helps leaders recognize and develop their own skills, strength, and leadership capacity. Throughout his career, he has worked in several organizations as an operations leader, safety leader, human resource leader, and principal consultant. Specifically, he began his career in an organization that lost a workplace lawsuit based upon racial discrimination. It was then he decided he wanted to be a part of the change and took on a role where he assisted in the recruitment of diverse individuals and had a voice within organizations when it came to discussing diversity, equity, and inclusion. Terrence holds a bachelor’s degree in business and finance from Park University, and a master’s of science in organizational development from The American University (D.C.) and NTL Institute. While performing as a principal consulting for Behavioral Science Technology, he consulted to international clients such as BASF, BNSF, and Areva Mining. At Shell US/Canada, he provided and led human resources/labor relations for Pennzoil Lubricants and Chemical organizations. And prior roles included Sunoco Refining and The Williams Companies. Specific projects included reorganization hiring processes to improve the talent pipelines for people of color and women in Technical skills (Engineering); introduced Affinity groups (Employee Resource Groups) to Williams Pipelines; multiple labor relations and negotiations; and, managing HR performance management process to ensure internal equity across gender and racial lines at Shell. Terrence has conducted many workshops on personal and leadership development, diversity and inclusion, just to name a few, while being a life member of the NAACP. He has also held membership in the Organizational Development Network, Society of Human Resource Management, and American Society of Training and Development. Terrence resides in Missouri City, Texas with his wife, best friend, and partner, Suzan. They have raised four sons, striving to ensure they are healthy and confident in their own skin and living their dreams (a work in progress). When he is not doing the work of diversity, equity and inclusion, he can be found reading, writing, and learning about functional medicine and natural healing--a passion he will gladly share with anyone. TERRENCE FLETCHER CONSULTANT TARGET AUDIENCE Executives HR Practitioners D&I Practitioners Directors/ManagersKGDIVERSITY.COM/GET-STARTED • 312.274.9000 • INFO@KGDIVERSITY.COM Real People, Real Conversations, Real Issues, Real Change! Tom Alexander is a leader in inclusion and diversity, working across a variety of organizations to support and foster welcoming, open, fair and productive environments in business and in the community. He is the founding partner of Holistic, a technology firm dedicated to improving the entire employee experience through the use of data. Tom is the former chief operating officer for 1871, one of the largest technology incubators in the United States. His role included operation of a facility that houses hundreds of startups, business development efforts focused on integrating 1871 into the Chicago technology economy, and external relations efforts with government and media partners, with a particularly strong focus on diversity and inclusion initiatives which advanced 1871 and helped it become the number one rated university-affiliated incubator in the world. Previously, Tom served as deputy communications director for Mayor Rahm Emanuel. In his role with the Mayor’s office he oversaw day-to-day communication strategy and long-term planning, including events, written press materials, and coordination among city agencies. He additionally played a leading role on the Mayor’s economic council, working to attract and retain companies and jobs to Chicago. Prior to his time in the Mayor’s office, Tom served as a senior communications director at the University of Chicago, a policy and communications projects director in the Office of the Governor of Illinois, and a senior disaster analyst for the U.S. Small Business Administration in Washington, DC. He has also worked as a newspaper reporter, editor of an online business publication, adjunct professor of journalism, and was founder of a small sports newspaper. Tom has a bachelor’s degree in political science from the University of Chicago and a master’s in public policy administration from Northwestern University. He is a notary public, and was selected by former Illinois Governor Jim Edgar as a 2014 Edgar Fellow. Tom serves on a number of boards, including Common Threads National Board, the YWCA Impact Investing Advisory Council, and a number of local technology companies, including LISA App and Noirefy. Tom was selected by the Aparecio Foundation for their inaugural "14 under 45" class in the summer of 2015. Tom lives in Chicago’s Old Irving Park neighborhood with his wife Tiffany, son Ben, twins Lyla and Sam, and his best friend, a Burnese Mountain mix named Shadow. He is available via email at tom@holisticindex.com and is on social media as @tomalexander19. TOM ALEXANDER CONSULTANT Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10117 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and IAFF Local 1158 for Fiscal Years 2021/2022, 2022/2023, 2023/2024 and authorize the appropriate officials to execute same. (consent) SUMMARY: The current collective bargaining agreement between the City of Clearwater and IAFF Local 1158 expired on September 30, 2021. The parties reached a tentative agreement for a new contract which has been ratified by the membership. The agreement is a three-year agreement providing for the following wage adjustments. Effective 10/1/2021: New pay schedule for all IAFF positions. Each IAFF member will receive the base pay plus $1800 for each year of completed CFD service up to a max of 15 years. In 2022 and 2023: $2200 will be added to each base pay $2200 GWI to each member $1800 Merit Pay Increase for employees who receive a rating of meets standards or higher on their annual performance review. This agreement also provides for the following changes: Extended grievance deadlines from 10 to 30 workdays. Changed promotion/demotion language to provide for slotting in the new position based on placement in range of in current position. Added family members under City’s insurance to receive free access to recreation facilities. Added an Employee Fitness and Wellness incentive program with time off awards. Added Juneteenth as a holiday. Added a vacation self-funding program, if 72 hours of vacation are taken, may cash in up to 72 hours, must maintain a bank of 120, have no discipline, and a meets standards performance evaluation. May utilize once annually. Increases special teams pay from $30 to $50 and from $40 to $60. Increased tuition reimbursement from $1700 to $2000. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 1/12/2022 File Number: ID#21-10117 A cumulative estimated value of this agreement over the three year is $2,074,940. The cost associated with the implementation of this agreement by fiscal year (FY) is anticipated to be approximately as follows: FY 2021/22 $940,341 FY 2022/23 $577,200 FY2023/24 $557,400 Funding for the first year of this agreement (FY 2021/22) was included in a combination of the Fire Department’s personnel budget and General Fund Non-Department as a contingency for contract negotiations. A first quarter budget amendment will transfer $500,000 from Non-Department cost code 0107010-510100 to the Fire Department to provide the remaining funding needed for this contract. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 1/12/2022 AGREEMENT Between CITY OF CLEARWATER and INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO Local 1158 FISCAL YEARS 2021-2022 2022-2023 2023-2024 Our Mission is to work cooperatively with labor and management to provide cost effective, top quality Emergency services while ensuring and improving the safety and benefits for our Members i Page No. Table of Contents ........................................................................................................................ i-iv Preamble ............................................................................................................................1 ARTICLE 1 Recognition and General Provisions ..............................................................1 Section 1 Exclusive Bargaining Agent ..............................................................................1 Section 2 New Classifications ...........................................................................................1 Section 3 Contract Constitutes Entire Agreement .............................................................1 ARTICLE 2 Representatives of Parties ...............................................................................2 ARTICLE 3 Rights of Parties ........................................................................................... 2-4 Section 1 Management Rights ...........................................................................................2 Section 2 Emergency Conditions .......................................................................................2 Section 3 Union Rights ......................................................................................................3 Stewards .............................................................................................................3 Checkoff .............................................................................................................3 Posting of Agreement ........................................................................................3 Bulletin Boards ..................................................................................................3 Employee Orientation ........................................................................................4 Section 4 No Discrimination ..............................................................................................4 ARTICLE 4 No Strike ...........................................................................................................4 ARTICLE 5 Labor-Management Cooperation ............................................................... 4-5 ARTICLE 6 Grievance Procedure ................................................................................... 5-7 Section 1 Definition ...........................................................................................................5 Section 2 Filing Procedures ...............................................................................................5 Section 3 Arbitration ...................................................................................................... 6-7 Section 4 Grievance Initiated by the City ..........................................................................7 Section 5 Time Limit Exceptions ......................................................................................7 Section 6 Grievance Initiated by Employee .......................................................................7 ARTICLE 7 Personnel Practices .................................................................................... 8-28 Section 1 Work Schedule ...................................................................................................8 Section 2 Assignments .......................................................................................................9 Section 3 Extra Pay Assignment .................................................................................. 9-13 Section 4 Exchange of Duty Time (Swaps) ............................................................... 13-14 ii ARTICLE 7 Personnel Practices (cont.) Page No. Section 5 Call-In, Holdover, and Court Time ..................................................................14 Section 6 Daylight Savings Time ....................................................................................15 Section 7 State EOC/FEMA Deployment........................................................................15 Section 8 Pay Plan Administration ............................................................................ 15-17 Promotions .......................................................................................................15 Demotions ........................................................................................................16 Acting Pay ........................................................................................................16 Fair Labor Standards Exemption .....................................................................17 Section 9 Promotional Process.........................................................................................17 Announcements................................................................................................17 Eligibility .........................................................................................................17 Disqualification of Applicants ................................................................... 17-18 Scope and Character of Evaluation Process.....................................................18 Notification of Results .....................................................................................18 Appeals from Ratings ......................................................................................19 Section 10 Open and Promotional Eligibility Lists ...........................................................19 Section 11 Appointments ...................................................................................................19 Section 12 Probation ..........................................................................................................20 Section 13 Light Duty ........................................................................................................20 Section 14 Line-of-Duty Injury Pay ..................................................................................21 Section 15 EMS Classifications ................................................................................... 22-24 Section 16 Firefighter/Driver-Operator ....................................................................... 24-25 Section 17 Work Rules and Prevailing Rights ...................................................................25 Section 18 Subcontracting .................................................................................................25 Section 19 Indemnification ................................................................................................25 Section 20 Sports Activities On Duty ................................................................................26 Section 21 Lawn Maintenance ...........................................................................................26 Section 22 Physical Examination................................................................................. 26-27 Frequency of Physicals ....................................................................................26 Types of Exams................................................................................................26 Immunizations and Inoculations ......................................................................26 iii ARTICLE 7 Personnel Practices (cont.) Page No. Sect 22 (cont.) Physical Fitness ..............................................................................................26 Department Physician ......................................................................................27 Wellness Re-Opener ........................................................................................27 Section 23 Employee Fitness & Wellness Incentive .........................................................27 Section 24 Residency Requirement ...................................................................................28 Section 25 Tobacco Product Usage ...................................................................................28 ARTICLE 8 Leaves of Absence .................................................................................... 28-43 Section 1 Holidays ...........................................................................................................28 Observed Holidays ...........................................................................................28 Floating Holidays ....................................................................................... 28-29 Selection of Floating Holidays.........................................................................29 Payment for Floating Holidays ........................................................................29 Conversion of Floating Holidays to Personal Leave .......................................29 Section 2 Vacations.................................................................................................... 30-35 Accrual of Vacation Leave ........................................................................ 30-32 Use of Vacation Leave ............................................................................... 32-34 Accrual During Military Leave ........................................................................34 Conversion to Other Leave ..............................................................................34 Payment for Unused Vacation ................................................................... 34-35 Banking of Vacation ........................................................................................35 Section 3 Sick Leave .................................................................................................. 35-39 Accrual of Sick Leave ................................................................................ 35-36 Payment for Unused Sick Leave ................................................................ 37-38 Sick Leave Incentive Program .........................................................................38 Sick Leave Pool ......................................................................................... 38-39 Section 4 Funeral Leave...................................................................................................39 Section 5 Absence Without Leave ...................................................................................40 Section 6 Time Off From Duty .................................................................................. 40-41 Section 7 Right to Contribute Work ................................................................................41 Section 8 Military Leave ............................................................................................ 41-43 iv ARTICLE 9 Wages and Compensation ....................................................................... 43-50 Section 1 Pay Schedule ....................................................................................................43 Section 2 Pay Schedule Format .......................................................................................44 Section 3 Merit Pay Review ............................................................................................44 Section 4 Rates of Pay ............................................................................................... 44-45 Section 5 Annual Personal Resource Allowance .............................................................45 Section 6 Mileage Reimbursement ..................................................................................45 Section 7 Special Teams ............................................................................................ 45-46 Section 8 EMS Wages ............................................................................................... 46-47 Section 9 Training and Tuition Refund ...........................................................................47 Section 10 Clothing and Equipment ............................................................................ 48-49 Section 11 Standby ............................................................................................................50 Section 12 Paycheck Issuance ...........................................................................................50 ARTICLE 10 Insurance ........................................................................................................51 ARTICLE 11 Performance and Discipline ..........................................................................52 ARTICLE 12 Drug and Alcohol Policy ................................................................................52 ARTICLE 13 Retirement ......................................................................................................53 ARTICLE 14 Seniority, Layoff, and Recall................................................................... 53-56 Section 1 Seniority ..................................................................................................... 53-54 Section 2 Layoffs .............................................................................................................55 Section 3 Reemployment Rights ......................................................................................56 Section 4 30-Day Notification .........................................................................................56 ARTICLE 15 Duration, Modification, and Termination ............................................. 56-57 Section 1 Amendments ....................................................................................................56 Section 2 Severability and Waiver ...................................................................................56 Section 3 Duration ...........................................................................................................57 Signature Page .......................................................................................................................57 1 PREAMBLE This Agreement is entered into by the City of Clearwater, Florida, hereinafter referred to as the "City," and Local 1158 of the International Association of Fire Fighters, AFL-CIO, hereinafter referred to as the "Union". The Agreement has been negotiated in good faith for the purpose of promoting harmonious relations, establishing an orderly and peaceful procedure to settle differences which might arise, and setting forth the basic and full agreement between the parties concerning wages, rates of pay, hours of work, and all other terms and conditions of employment. ARTICLE 1 RECOGNITION AND GENERAL PROVISIONS Section 1. Exclusive Bargaining Agent The City recognizes the Union as the exclusive bargaining representative in accordance with Chapter 447, Florida Statutes, as amended, for all employees in the bargaining unit defined by the Public Employees Relations Commission and issued Certification number 122 in Case No. SH-RA-756-1129 dated September 3, 1975. All persons in the classifications designated Firefighter, Firefighter/Driver-Operator, Fire Medic, Fire Lieutenant, Fire Medic Lieutenant, Fire Inspector I, Fire Inspector II, and Fire Prevention Inspector shall be included in the bargaining unit. All others shall be excluded. Any incumbent of the Fire Prevention Inspector job classification as of the effective date of this Agreement shall be permitted to maintain such job classification designation. There shall be no further bargaining unit members allocated to the Fire Prevention Inspector job classification after the effective date of this Agreement. Section 2. New Classifications Should the City and the Union agree to establish new job classifications within the Fire Department which may be in the bargaining unit, the City shall provide notice to the Union not less than 30 days prior to staffing such classification. The parties shall submit a Unit Clarification Petition to the Public Employees Relations Commission and shall negotiate appropriate wage rates, hours, and terms and conditions of employment for such classification. Section 3. Contract Constitutes Entire Agreement of the Parties This Agreement contains the entire contract, understanding, undertaking, and agreement of the parties hereto, and finally determines and settles all matters of collective bargaining for and during its term, except regarding the City's Pension Plan and as may be otherwise specifically provided herein. The parties agree to bargain separately proposed changes in the City's Pension Plan that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. 2 ARTICLE 2 REPRESENTATIVES OF PARTIES Section 1. The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in matters requiring mutual consent or other official action called for by this Agreement. Authorized representatives shall be defined as the elected Officers of the Union and duly elected or appointed stewards. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this agreement, and any change in elected Officers or appointed stewards shall be provided by the Union to the Office of the Fire Chief within 72 hours of the change. Section 2. The Union likewise agrees that during the term of this Agreement the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action. The Union specifically agrees that neither the Union nor the employees covered hereunder shall seek to involve the City's elected officials in the administration of this Agreement or otherwise in the operation of the City's Fire Department; provided that nothing contained herein shall restrict an employee's opportunity to present non-employment related matters to such elected officials. ARTICLE 3 RIGHTS OF PARTIES Section 1. Management Rights Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, whether exercised or not, including, but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operations, functions or services, in whole or in part; to transfer its operations, functions or services from or to, either in whole or in part, any of its departments or other divisions; to select and direct the working force in accordance with requirements determined by the City; to create, modify or discontinue job classifications; to establish and change working rules and regulations; to establish and change work schedules and assignments; to transfer, promote or demote employees; to lay off, furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees for proper cause; to alter or vary past practices and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and/or services. Section 2. Emergency Conditions If in the sole discretion of the City Manager or Mayor it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar catastrophes or disorders, the provisions of this Agreement may be suspended by the City Manager or Mayor during the term of the declared emergency provided that wage rates and other direct monetary payments shall not be suspended. 3 Section 3. Union Rights A. Stewards: There shall be one (1) Union Official or designee for all bargaining unit members on each shift for line personnel and one additional Union Official or designee for Fire Prevention personnel. An employee working on duty shall be represented by the respective (line or inspection) "on-duty" representative or other union official. An employee having a grievance shall have the right to take the matter up with his/her Shift Steward or other Union Officer during working time, provided that neither the employee nor the Shift Steward may leave their assigned Fire Station or work area outside a Fire Station without prior permission of the Fire Chief or his/her specifically designated representative, and, provided further, that the employee and the Union Official shall not interfere with the normal operations of the Department. It shall be the employee's responsibility to obtain a representative when the Fire Chief or his/her designee determines that the on- duty representative cannot be made available due to operational demands. All members of the bargaining unit may wear the I.A.F.F. pin on their uniforms. B. Checkoff: The City shall deduct and provide to the Union on a biweekly basis dues and uniform assessments owed by the employee to the Union in an amount certified to be correct by the Union Secretary-Treasurer. Prior to such deduction. the Union shall provide the City with a signed statement from each employee authorizing such deduction in a form satisfactory to the City. Any authorization for dues deduction may be canceled by the employee upon 30 days written notice to the City and the Union. The Union shall indemnify, defend and hold the City, its officers, officials, agents, and employees harmless against any claim, demand, suit, or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents, and employees correctly complying with this Section. The Union shall promptly refund to the City any funds received in accordance with this Agreement which are in excess of the amount of basic and uniform membership dues which the City has agreed to deduct. Nothing contained herein shall require the City to deduct from a salary or be otherwise involved in the collection of Union fines, penalties or special assessments. In the event an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or other standard deductions, are not sufficient to cover dues it will be the responsibility of the Union to collect its dues for that pay period from the employee. C. Posting of Agreement: In accordance with the City’s Greenprint Sustainability Plan, the City and the Union agree that this Agreement shall be posted by the City on the City’s Launchpad and Website. D. Bulletin Boards: The City agrees to provide a 2 feet x 4 feet space on bulletin boards at each Fire Station for posting by the Union of notices of meetings or other official Union information; provided, the Fire District Commander or his/her designee shall first review such posting, and if found to be outside of the scope of this Section, such posting shall be modified to the mutual agreement of the parties. The Fire District Commander will continue to include the Union notices in the intra-departmental mail which he/she delivers to the stations. 4 E. Employee Orientation: 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 4. No Discrimination The City and the Union specifically agree that the provisions of this Agreement shall be equally applicable to all employees covered herein without regard to race, color, religion, sex, national origin, membership or non-membership in labor organization, sexual orientation, or age, as provided by law. Any claim of discrimination under Federal or State civil rights laws by an employee against the City, its officers or representatives shall not be grievable or arbitrable under the provisions of Article 6 but shall be subject only to the method of review prescribed by law. Nothing herein contained shall preclude the right of an employee to grieve and arbitrate disciplinary action taken by the City, except as otherwise herein provided. ARTICLE 4 NO STRIKE Section 1. The Union agrees that during the term of this Agreement, it shall not authorize, instigate, condone, excuse, ratify or support any strike, slowdown, sit-down, work stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by members of the Union and/or employees represented by the Union or other agents or representatives of the Union. Tue parties specifically incorporate herein the provisions of FS. 447.505, 447.507 and 447.509. Section 2. Should the Union or employees covered by this Agreement within the City's Fire Department breach this Article, the City may then proceed against the Union as covered in FS 447 and such sections of state and federal law that may apply. The City would also be entitled to obtain an injunction with notice at ex-parte hearing for breach of this Article. Section 3. Should any member of the bargaining unit be found guilty of striking as defined in Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly agreed that such violation constitutes just cause for dismissal. ARTICLE 5 LABOR-MANAGEMENT COOPERATION A. The City and Union agree to maintain a cooperative Labor/Management committee for the IAFF Local 1158 bargaining units. Tue committee shall consist of an equal number of members of each party not to exceed a total of eight (8) members. It is understood that this committee in no way is a substitute for the grievance procedure or the right of collective bargaining but has been established for the purpose of discussion and input from both sides on matters that may be mutually resolved by the parties or may eventually become items of collective bargaining, grievances, or litigation. The Labor/Management Committee will meet quarterly or as deemed necessary by the Committee. Either side may cancel a meeting with 24-hours notice. A cancelled meeting may be rescheduled with mutual consent. Tue Committee will draft bylaws addressing administrative protocols. Adoption and 5 any changes to bylaws shall require a simple majority vote among all members of the Committee. B. Department Safety Committee 1. Authority. The Clearwater Fire and Rescue Occupational Health and Safety Committee shall be established in accordance with the direction as outlined in Florida Stature 633.810, "Workplace safety committees and safety coordinators." 2. Membership. The committee shall be made up of an equal number of bargaining unit members to be appointed by the Union and Fire Department management staff officers to be appointed by the Fire Chief or his/her designee, not to exceed a total of eight members. 3. Workplace Safety Coordinator. A Clearwater Fire and Rescue Chief Officer shall be designated as the department Workplace Safety Coordinator for the purpose of chairing the committee and providing administrative support. 4. Meetings. Upon approval of this agreement by the City Council, the committee shall meet within thirty calendar days thereafter to establish those duties and procedures as outlined in, but not limited to, Florida Statute 633.810, and as approved by the Fire Chief or his/her designee. ARTICLE 6 GRIEVANCE PROCEDURE Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement, including Civil Service Rules and Regulations, except as exclusions are noted in other articles of this Agreement. The grieving party must state in writing the remedy sought to resolve the grievance. Section 2. All grievances filed shall be submitted on the appropriate form (City form #9900-0061, IAFF Grievance Form), and shall refer to the specific Article and section of this Agreement or Civil Service Rules and Regulations upon which the grievance is based, and shall contain a concise written statement of the facts alleged to support the grievance, and shall be signed by the grievant or representative. A Grievant may be accompanied by a representative of the Union at any time during the Grievance Procedure. Newly hired probationary employees shall not have access to the Grievance Procedure for any matter of discipline (including discharge), assignments, scheduling, or access to training opportunities during the probationary period. Any grievance by a permanent employee relating to suspension or dismissal shall be initiated at Step 2. A grievant is prohibited by law from filing an appeal with the Civil Service Board once a grievance is filed. This shall specifically include grievances relating to suspensions, demotions, and dismissals. Grievances may be filed and processed by the Union except grievances of discipline that must be initiated by the disciplined employee. As used in this Article, the term "employee" may also mean a group of employees having the same grievance. In such event, one employee shall be designated by the group of employees to act as a spokesperson and shall be responsible for processing the grievance. All employees in the group shall be identified, however 6 only the spokesperson needs to sign the grievance. For purposes of this Grievance Procedure, normal working hours shall be considered 8:00 a.m. to 5:00 p.m. and normal workdays shall be considered Monday through Friday, holidays excepted. STEP l The grievant shall present his/her grievance in writing to his/her Fire District Commander or Fire Marshal within 30 work days after the grievant has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. The Fire District Commander or Fire Marshal shall arrange for a meeting with the grievant within 10 work days of receipt of the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The Fire District Commander or Fire Marshal shall review the grievance and submit a decision in writing to the grievant within 30 work days from the date of the meeting. If the grievance is not resolved at Step 1, the grievance may be appealed to Step 2. STEP 2 If the grievance is not settled at the first step, the grievant shall, within 30 work days of the date of written notification from the Fire District Commander or Fire Marshal, present the written grievance to the Fire Chief or his/her designee. The Fire Chief or his/her designee shall obtain the facts concerning the alleged grievance and shall, within 10 work days following receipt of the written grievance, meet with the grievant. The Fire Chief or his/her designee shall review the grievance and notify the grievant of his/her decision in writing not later than 30 work days following the meeting day. If the grievance is not resolved at Step 2, the grievance may be appealed to Step 3. STEP 3 If still unresolved, the grievance may be submitted to the City Manager or his/her designee within 30 work days of the date of written notification from the Fire Chief or his/her designee. At the request of the grievant, the City Manager or his/her designee shall meet with the grievant. The grievant must make this request to meet with the City Manager at the time of submission of the grievance to the City Manager or designee. If so requested, the City Manager or designee shall arrange a meeting with the grievant within 30 work days of the request. The City may determine who shall meet with the employee. Within 30 work days of the meeting, the City Manager or his/her designee shall notify the employee, in writing, of his/her decision. If no meeting is requested by the grievant at the time of submission of the grievance to the City Manager or designee, the City Manager or designee shall notify the employee of his/her decision in writing within 30 work days of receipt of the grievance. If a grievance is not submitted to the City Manager or his/her designee, it shall be deemed to have been resolved at Step 2 to the grievant’s satisfaction. The City shall notify the Union in writing of any change in the City Manager's designee for the receipt or hearing of grievances. Section 3. In the event that the grievance is still unresolved, the matter may be submitted to final and binding arbitration as provided in this section. · A. Within 30 work days of the decision of the City Manager, the aggrieved party shall notify the City Manager of his/her intent to arbitrate. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of seven names of qualified arbitrators. After the receipt of such a list, representatives of the parties shall meet and each party shall strike three names. A flip of the coin shall 7 determine who shall strike the first name, and then the other party shall strike a name. The process shall then be repeated until one name remains and the remaining name shall be the arbitrator selected and notified of his/her selection as arbitrator. As promptly as can be arranged, the arbitration hearing shall be held. Each party shall pay its own expense for its representative, counsel and witnesses. The charges of the arbitrator shall be shared equally by the City and the aggrieved party. The decision of the arbitrator shall be final and binding on both parties, except that either party may seek review as provided by law. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of this Agreement. B. Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of this Agreement shall be furnished to both parties within 30 calendar days from the close of the hearing or as otherwise agreed to by both parties. Section 4. Formal Processing of Grievance Initiated By The City Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the unit representative on an informal basis, the grievance may be formally filed in writing by the City Manager or his/her designee by giving written notice to the business agent of the Union. Such notice shall indicate the provision(s) of the Agreement which the City contends is/are not properly being carried out by the Union. If not resolved within 30 work days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 3 of this Article. Section 5. All of the time limits contained in this Article may be extended by mutual written consent of the parties. If the 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. Section 6. If an employee chooses to process his/her own grievance, the Union must be invited to attend any meeting where the resolution of the grievance may occur. FS 447.301(4). 8 ARTICLE 7 PERSONNEL PRACTICES Section 1. Work Schedule A. Hours and Days of Work: Shifts shall start at 8:00 A.M. each work day and end at 8:00 AM. the following morning. Total: 24 hours. Coverage shall consist of three shifts: "A", "B", and "C", which will work in the following rotation (see sample monthly work schedule below): Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 work 2 off 3 work 4 off 5 work 6 off 7 off 8 off 9 off 10 work 11 off 12 work 13 off 14 off 15 off 16 off 17 off 18 off 19 work 20 off 21 work 22 off 23 work 24 off 25 off 26 off 27 off 28 work 29 off 30 work, etc. B. Inspection Division: Fire Inspectors will work 7:30 AM. to 4:00 P.M., Monday through Friday, with a 30-minute lunch break for each inspector. The Chief reserves the right to assign the necessary personnel to each shift which, in his/her judgment, provides for most effective departmental operations. C. Kelly Days: 1. Employees will be awarded a Kelly Day after every 18 days worked. This means they will be scheduled to work 18 consecutive shift days and will be scheduled off the 19th scheduled shift day. This will result in a 53.0526 hour average work week. 2. Kelly Day rotations for each position will be determined by the Department. Individual employees Kelly Day rotations will not be changed except when an employee changes job classification or shift. It is understood that when an employee changes job classification or shift, he/she will be assigned to the Kelly Day rotation for the position being filled. Employees may exchange Kelly Days in accordance with the procedures for exchanges of on-duty time as set forth in Article 7, Section 4 of this Agreement. A Kelly Day may be exchanged only one time between two employees, and once exchanged may not be exchanged again thereafter with another employee 3. When a Kelly Day occurs within a block of days that have been selected by an employee for vacation, the Kelly Day shall not be counted against the employee's vacation leave accrual balance and the vacation leave hours may be used toward a single vacation day request instead. The single vacation day in such case may be submitted during the vacation pick process after the two rounds of vacation "block" selections and before the selection of any "bonus" days, floating holidays, or sick leave incentive days. The single vacation day may also be submitted at any time during the year, subject to availability and the operational demands of the Department, in accordance with Article 8, Section 2, B of this Agreement. 9 Section 2. Assignments A. New and existing employees may be reassigned for Light Duty, training, out-of-area deployments, or voluntary special project opportunities. Employees shall continue to be paid their standard biweekly pay during such assignments. All hours actually worked during such assignments shall be counted toward the calculation of overtime at the end of the established FLSA cycle in accordance with Article 7, Section 8, D. B. Additional work hours assigned through the Mandatory list and Relief list for staffing of response units (seat pay), and for staffing of special events units, shall be paid at the overtime rate as defined in Article 9 Section 4. All other hours worked shall be compensated in accordance with the Federal Fair Labor Standards Act. Section 3. Extra Pay Assignments Department policy may require the scheduling of Extra Pay and/or mandatory Holdover assignments. The department shall attempt to equalize Extra Pay and mandatory Holdover to the extent practicable. The selection of certified and/or individuals who possess specialty qualification(s) may be required and shall be allowed. The Fire Chief shall determine the method(s) for administering Extra Pay and mandatory Holdover provided that methods used shall be in compliance with the requirements herein. Extra Pay and mandatory Holdover administration shall be coordinated at the Fire District Commander level except as otherwise assigned by the Fire Chief or his/her designee. Upon ratification of this agreement, the department shall have up to 90 days to implement the methodology for Extra Pay and mandatory Holdover administration contained herein. During the implementation period, all practices and procedures currently in effect shall be maintained. Extra Pay work shall be defined as that time worked by an employee in addition to the employees regularly scheduled hours where the employee is assigned through the TeleStaff Sign-up list and Mandatory Holdover list for staffing of response units (seat pay; for staffing of special events units, and shall be compensated at the overtime rate as defined in Article 9 Section 4. All other hours worked shall be compensated in accordance with the Federal Fair Labor Standards Act. A. Extra Pay Signup 1. Employees shall be responsible for signing up for Extra Pay eligibility on the specific days they elect to work Extra Pay. Employees may sign up to work only from 0800-2000; or only from 2000-0800; or both time periods. Employees may modify their sign-up to include a specific time- frame. Employees will only be considered for Extra Pay vacancies that span the time frame included in the sign-up. Sign-up access shall be available at each fire station, through the TeleStaff program. 2. Personnel may sign-up, or remove a sign-up, at any time prior to the filling of Extra Pay vacancies. The department may begin filling Extra Pay vacancies as the vacancies become known Extra Pay Vacancies in a three-shift work cycle ("Trick") may be filled anytime after the start of the three- shift work cycle that immediately precedes the work cycle where the vacancies exist. 3. Personnel shall be responsible for maintaining their Extra Pay contact numbers in a manner so that an employee can be contacted. 10 B. Extra Pay Credits 1. Employees shall be assigned credits hour for hour based on the Extra Pay hours worked in a regular shift assignment. 2. Employees who sign-up for Extra Pay and then refuse an Extra Pay offer when contacted between 07:00 and 08:00 hours on the morning where the Extra Pay vacancy occurs, shall be assigned credits equaling the number of hours of the Extra Pay vacancy. No credits shall be added for a refusal after 08:00 hours. No credits shall be added for refusal of shifts less than 12 hours. Inability to contact an employee who has signed up for Extra Pay shall not be cause for adding credits. 3. New employees shall be eligible for Extra Pay assignment after six months of continuous service. These employees shall be assigned a number of credits equal to the average accumulated by all employees in the same classification at that time. 4. Extra Pay credits shall not be carried over from year to year and shall be zeroed out effective January 1 of each year. Initial Extra Pay assignments at the start of each year shall be made on the basis of Department seniority among employees in the same classification. Should two or more employees have the same seniority they shall initially be arranged on the list alphabetically by last name. 5. The department shall maintain overtime credit lists as referenced in the various sections of this article. In addition, the department shall maintain a master Credits list to include all personnel from all shifts, which shall include all types of Extra Pay work. The credit lists shall be used to equalize Extra Pay to the best extent possible. All lists maintained by the Department are maintained in the TeleStaff Program, which is available to all users shall be made available to the Union upon request. C. Shift Extra Pay Selection Procedures 1. The Fire District Commander shall be responsible for the assignment of on-duty personnel to provide adequate staffing according to the Department's minimum staffing requirements. Employees who are on current promotion eligibility lists or who are placed on established "Acting" eligibility lists upon meeting the minimum qualifications and having been deemed qualified by the Department for the necessary classification shall be transferred, assigned laterally, or utilized in an Acting capacity prior to the scheduling of Extra Pay. However, if an employee has taken the most recent promotional exam for that position and not passed, they shall not be deemed as meeting qualifications. Employees shall be chosen who will result in the least amount of disruption to operations. The Department will attempt to equalize acting opportunities among eligible employees to the extent practicable. When the number of on-duty personnel is sufficient to provide coverage to meet the Department's minimum staffing requirements, no assignment of an individual to an Acting capacity shall occur if it will result in the necessity of Extra Pay. 2. When the Department determines that a operational vacancy requires Extra Pay, the Fire District Commander shall initiate procedures to offer the Extra Pay assignment to personnel who are signed up for the that vacancy period. When the Extra Pay vacancy is filled greater than 12 hours prior to the start of the shift where the vacancy exists, Extra Pay offers shall be made in the following order: a. Qualified personnel who hold the same classification as the position necessitating the Extra Pay; sorted by least number of credits; then department seniority; then alphabetical order of surname. b. Qualified personnel who are deemed qualified to act either up or down in the position necessitating the Extra Pay; sorted by least number of credits; then department seniority; 11 then alphabetically by last name. 3. If none of the employees who hold the same classification as the Extra Pay vacancy (paragraphs 2a, above) accept the Extra Pay offer, the Fire District Commander shall have the option to fill that vacancy with on-duty personnel who are deemed qualified to act in that position, and then backfill the resulting vacancy. The Department shall not be obligated to fill the vacancy with an employee who signs-up after this option is implemented. Employees who have failed the most recent promotional exam for the position on shall not be deemed qualified to act in that position. 4. When an Extra Pay vacancy occurs following 1700 hours on the previous shift (same shift-label as the vacancy); the Fire District Commander shall be permitted to fill the Extra Pay at the level of classification of that vacancy. 5. When a vacancy occurs on short-notice and affects operations by placing apparatus below minimum staffing levels, the Fire District Commander may fill the vacancy in the most expeditious manner available at that time, in the manner as close to the regular established procedures (in paragraph C.2. above) as possible. 6. If an employee cancels leave that had created a vacancy, the Extra Pay employees who were selected to fill that vacancy may be cancelled regardless of credits or seniority. There will be no credits assigned to employees who are cancelled. 7. Short-term Extra Pay vacancies created by travel between stations and other short duration events that occur at shift change will be filled by the employee from the previous shift that is in the position creating the vacancy. That employee may arrange for another employee to holdover, subject to approval by the applicable Fire District Commander. D. Mandatory Holdover Extra Pay 1. The Mandatory Holdover Extra Pay procedures will be utilized by the Department when vacancies cannot be staffed with Shift Extra Pay Selection procedures (Para C. above); however, Mandatory Holdover Extra pay shall not be applied until the shift before the Extra Pay vacancy will occur. Mandatory Holdover Extra Pay assignments will be rotated among all employees in accordance with the employee's respective job classification and shift. Employee names will be initially arranged at the first of each year on the Mandatory Extra Pay list by job classification in the order of least senior to most senior. 2. Mandatory Holdover Extra Pay assignments will not exceed 12 hours in duration. Start and end times will be determined by the Fire District Commander. 3. When the need to utilize Mandatory Holdover Extra Pay arises, the Fire District Commander will first use the Mandatory Holdover Extra Pay list from the shift working the day previous to the Holdover Extra Pay vacancy. Employees shall be chosen from the same classification as the vacancy creating the Holdover. Exceptions to the same-classification clause may be made when a vacancy requires a specialty that cannot be fulfilled using same-classification. 3. The list will be utilized in descending order using the first employee in that classification that is qualified to fill the position creating the vacancy. Employees not present at shift change due to approved leave will be bypassed and their position on the list will remain the same. 4. An employee selected for Mandatory Holdover Extra Pay assignment will have the opportunity to arrange for a substitute to fill the assignment. The substitute must be approved by the applicable Fire District Commander. The employee who was initially assigned Mandatory Holdover Extra Pay shall not be relieved of duty until approval for the substitution is issued by the Fire District Commander. When an approved substitute fulfils the Mandatory Holdover Extra Pay assignment, the employee initially subject to the assignment will be moved to the bottom of the list and the position of the substitute employee will remain unchanged on the list. 5. An employee who will not be present at their next-shift start time due to scheduled approved 12 leave will not be subject to assignment from the Mandatory Holdover Extra Pay list from the end of his/her last shift immediately preceding the leave, until the start of his/her first shift immediately following the leave, and the next applicable employee on the list will be selected instead. When an employee is bypassed for a Mandatory Holdover Extra Pay based on this exemption, they shall maintain their current position on the Mandatory Extra Pay list. 6. Failing all of the above, the Fire District Commander will contact the Fire Division Chief to determine the appropriate course of action. Until the appropriate course of action is determined, apparatus will remain in service utilizing the employee who is currently in the position creating the vacancy. E. Special Event Extra Pay 1. The Department will provide notification of Special Event Extra Pay opportunities to all members of the bargaining unit. Notification will include the type and location of the event, the anticipated start and end times of the event, the number of personnel, respective job classifications and specialties needed, and deadline to respond. Employees may signup, or remove a signup, for special event Extra Pay up to the point that the Extra Pay is assigned which may occur anytime after the published deadline. 2. The selection of certified and/or individuals who possess specialty qualification(s) may be required and shall be allowed. Special Event Extra Pay offers shall be made in the following order: a. Qualified personnel who hold the same classification as the position necessitating the Extra Pay sorted by least number of credits; then department seniority; then alphabetically by last name. b. Qualified personnel who are deemed qualified to act either up or down in the position necessitating the Extra Pay sorted by least number of credits; then department seniority; then alphabetically by last name. However, if an employee has taken the most recent promotional exam for that position and not passed, they shall not be deemed as meeting qualifications. 3. If none of the employees who hold the same classification as the Extra Pay vacancy (paragraphs 2a, above) accept the Extra Pay offer, the Fire District Commander shall have the option to fill the special event vacancy with on-duty personnel who are deemed qualified for that position, and then backfill the resulting shift vacancy. 4. Employees shall be assigned credits hour for hour based on the Extra Pay hours worked in a special event assignment. Credits shall be applied to the same credit "bucket" as shift Extra Pay credits. 5. When there are an insufficient number of employees available from the special event Extra Pay sign-up list, mandatory assignment may be utilized in accordance with the procedures described in paragraph D above. If the vacancies cannot be filled with personnel from the shift prior to the Special Event, the mandatory list for the shift on four-days off may be utilized subject to the provisions of paragraph D. 6. Employees who are signed up for a special event assignment and subsequently refuse that assignment will be assigned credits equaling the number of hours of the event refused. 7. New employees shall be eligible for special event Extra Pay after six months of continuous service. These employees shall be assigned a number of credits equal to the average accumulated by all employees in the same classification at that time. 8. Extra Pay credits shall not be carried over from year to year and shall be zeroed out effective January 1 of each year. Initial special event Extra Pay assignment each year shall be made on the basis of Department seniority among employees in the same classification. 13 F. Emergency Conditions Extra Pay When the Fire Chief determines that a state of emergency does or may exist, including, but not limited to natural or manmade disaster, civil disturbance, or other situation necessitating increased staffing for operational effectiveness, the procedures listed above may be bypassed during the state of emergency and staffing will be established according to operational needs. However, compensation for Extra Pay assignments shall still be in effect. Section 4. Exchange of Duty Time Employees within the Department may exchange on-duty time upon the following conditions: A. That the employee filling in be acceptable to the applicable Fire District Commander prior to the change. With the approval of the applicable Fire District Commander, Fire Medic Lieutenants and Acting Fire Medic Lieutenant - qualified Fire Lieutenants shall be permitted to exchange on-duty time. B. That the employees desiring the exchange notify the company officer of the anticipated change not less than 24 hours prior to the start of the anticipated changed unless such exchange arises under emergency situations. C. That no employee may be allowed to exchange more than 192 hours (8 days) per fiscal year. Additional Exchange of Duty Time hours may be granted by the Fire Chief or his/her designee. Each time an employee is permitted to allow another employee to work in his/her place in accordance with this exchange provision, the number of hours to be exchanged will be counted toward the established limit only for the employee who has been permitted to allow another employee to work in his/her place. D. That the employee working the time will be covered by all applicable benefits in case of injury while filling in, but will not receive pay for this period. E. If the employee agreeing to loan or fill in time is sick or fails to appear for the exchange, his/her appropriate leave account or pay will be charged. F. The employee agreeing to fill in for another member is obligated to remain on duty in the absence of the person with whom the exchange is made. G. Notwithstanding any provision to the contrary above, the City shall not be required to allow an exchange if doing so would impose upon the City liability for any additional overtime compensation over what persons may otherwise be entitled to. Prior to discontinuing the exchange allowance for this reason the City shall notify the Union concerning the legal basis for the decision to do so. H. Time exchange is subject to a one hour minimum and at one-hour increments. Any premium of acting pay shall be in accordance with this Agreement and Departmental policy. I. Kelly Days may be exchanged between bargaining unit members in the same job classification only. An exception to this restriction may be made if the employees involved and department management all agree to the exchange. Kelly Day exchanges shall not count towards the 192 hours allotted for swaps in a year. 14 J. Bargaining unit members on a Kelly Day shall not be counted towards the total allotted number of employees allowed off for any given day. Section 5. Call-in/Holdover/Court Time A. When an employee is called in to work less than 48 hours prior to the start of his/her regularly scheduled shift to perform the duties and responsibilities of an established Fire Department job classification, he/she will be paid a minimum of four hours at the overtime rate of pay. The City may require the employee to remain on duty for the duration of the four-hour period or for as long as he/she is needed, at the option of the City. The procedures outlined in Article 7, Section 3 of this agreement shall be used to fill positions when a call-in is necessary. All hours actually worked during such call- in shall be counted toward the calculation of overtime at the end of the established FLSA cycle in accordance with Article 7, Section 8, D of this Agreement. B. When an employee is held over past the end of his/her regularly scheduled shift to perform the duties and responsibilities of an established Fire Department job classification, the time held over shall be paid at the overtime rate of pay and shall be counted as time worked toward the calculation of overtime at the end of the established FLSA cycle in accordance with Article 7, Section 8, D of this Agreement. The City may require the employee to remain on duty until a relief employee arrives, in order to maintain staffing levels when the absence of such employee or employees would result in the removal of a unit or units from service. The holdover provision above will be utilized only until the position can be filled by use of the overtime procedures outlined in Article 7, Section 3 of this Agreement. C. Any employee whose appearance is required in Circuit Court or County Court as the result of a matter arising out of the course of his/her employment, shall receive a minimum of two hours pay if such attendance is during the employee's off-duty hours. This time will be paid at the regular rate of pay and will be counted as hours worked toward the calculation of overtime. This same provision shall also apply when the employee is subpoenaed to appear at the State Attorney's Office, Public Defender's Office, or a private attorney's office, in a criminal case arising from the employee's course of employment. However, this provision shall not apply when an employee or the Union has brought an action against the City or any City official. D. Leave with pay will be granted for those hours spent by an employee on jury duty that fall during the employee's scheduled work hours only. The employee will notify his/her Fire District Commander immediately upon learning of selection for jury duty. Scheduled work hours that the employee is released from work with pay for jury duty shall not count as hours worked for the purpose of determining overtime. The employee may be required to provide evidence of jury duty service in order to receive compensation for such hours. E. Employees who participate in meetings or on committees at the request of the City shall have all such time counted as hours worked and shall be paid at their regular rate of pay. The holdover and call-in provisions as outlined in this Section shall not apply to time spent participating in meetings or on City committees. 15 Section 6. Daylight Savings Time All bargaining unit members on the regularly scheduled shift in the Fall that as a result of Daylight Saving Time actually work (sweat) twenty-five hours shall receive their standard biweekly rate of pay plus one additional hour in the affected pay period. The additional hour actually worked shall be counted towards the calculation of Overtime at the end of the respective FLSA cycle. All bargaining unit members on the regularly scheduled shift in the Spring that as a result of Daylight Saving Time actually work (sweat) twenty three hours shall receive their standard biweekly rate of pay in the affected pay period. The additional hour not actually worked shall count as hours actually worked and shall be counted towards the calculation of Overtime at the end of the respective FLSA cycle. Vacation, Floating Holiday, and Sick Leave days used on the affected days shall count as 24 hours (if the entire shift is used) in either of the above instances. Exchanges of on-duty time (swaps) on the affected days shall be treated in accordance with Section 4 of this Article. As such, the regularly scheduled employee shall be entitled to credit for the additional hour in the Fall. Section 7. State EOC/FEMA Initiated Emergency Deployment It is understood that the Department may deploy personnel to render aid and assistance to other jurisdictions in accordance with State EOC and or FEMA initiatives. No bargaining unit employee will be involuntarily assigned to deploy under this paragraph. Such deployments shall not be subject to the call-in provisions as outlined in Section 5 of this Article. Employees subject to such deployments shall not suffer a loss of any regular pay the employee would otherwise have received if not dispatched as a result of the assignment. However, any pay above and beyond the employee's regular pay shall be based upon and subject to Section 2 of this Article and the reimbursing agency guidelines. Where such guidelines are available, they shall be provided to the employees at the time of assignment. Employees who are deployed in accordance with the provisions above shall be eligible for any applicable insurance, including Workers Compensation, to the extent provided by the plan terms or applicable law for the duration of such deployment. Section 8. Pay Plan Administration A. Promotions: 1. Upon promotion from one classification to a higher level classification, an employee will receive an increase equal to the difference between the base pay in the employee’s current job classification and the base pay in the promotional job classification (for example, an employee who is promoted from Fire Medic to Fire Lieutenant would receive an increase of $8,000.00). Under no circumstances will the employee's promotional base rate of pay exceed the established pay range maximum. 2. A higher level classification shall be deemed to be one having a higher maximum rate of pay. A promoted employee shall maintain his/her existing annual performance review date for the purpose of determining eligibility for subsequent annual performance reviews. 16 B. Demotions: 1. An employee who is demoted voluntarily, for lack of work occasioned by consolidation of a municipal function by another governmental agency, for lack of work generally, for lack of funds, or for other causes beyond his/her control, will receive a decrease equal to the difference between the base pay in the employee’s current job classification and the base pay in the demoted job classification. An employee may be allowed, with the prior approval of the Fire Chief, to demote only to a lower level classification for which a position vacancy exists and for which the employee meets the minimum eligibility requirements at the time of demotion. A demoted employee shall maintain his/her existing annual performance review date for the purpose of determining eligibility for subsequent annual performance reviews. A demotion shall be defined as any change of an employee from a position in one class to a position in a class of a lower level. A lower level classification shall be deemed to be one having a lower maximum rate of pay. For non-voluntary, non-disciplinary demotions, such employee shall be placed at the head of the reemployment list for the class from which he/she was demoted. 2. An employee who is appointed from layoff from the reemployment list to a position in the department in which he/she previously served shall be paid the equivalent to what he/she was receiving upon separation, adjusted only by the any difference in the amount of base pay upon termination and the base pay in effect for the job classification held at the time of re-employment, and shall be eligible for Merit Pay when he/she shall have been re-employed a sufficient number of days to make up the number of days he/she lacked for eligibility at the time of separation. C. Acting Pay 1. Acting pay shall be provided to any employee who is assigned in an acting capacity to a position in a class of a higher level for a minimum of four hours. An employee shall be deemed qualified and shall be required to act in a higher level classification if he/she is on the existing eligibility list, or if he/she is placed on an established "Acting" eligibility list upon being determined, after agreeing to participate in a process to be conducted by the Department, to meet guidelines established by the Department for the higher level classification. The Fire District Commander shall fill Acting assignments when the Department is at or above minimum staffing levels by choosing employees who will result in the least amount of disruption to operations and in accordance with Article 7, Section 3, C. 2. Acting Pay shall be 5% above the employee's current base rate of pay. 3. Acting Pay Removal Acting pay shall cease to be paid to a bargaining unit member when: The employee is reassigned, transferred, demoted or promoted to any position not involving the performance of the acting function, or the acting position is removed by the Department or other appropriate authority pursuant to provisions of the collective bargaining Agreement. Acting pay terminates at the time of the job function change or at the time of the formal assignment removal. Any employee who has elected to be included on the established "Acting" eligibility list may, with 30 days notice, be voluntarily removed from the list. The Department at its discretion may at any time remove an employee from the "Acting" eligibility list. The Department will provide the employee 17 with the reason for removal from the list. Those Paramedic certified employees who are assigned to the non-Paramedic classifications of Firefighter and Firefighter/Driver-Operator, and who elect to voluntarily be removed from the "Acting" eligibility list and no longer be eligible for a Paramedic certification pay differential, shall not be permitted to request reinstatement to the established "Acting" eligibility list for a period of six months from the time they are removed from the list. 4. Acting Eligibility List Shortages In the event the Department determines that an insufficient number of employees are willing or qualified to serve in an Acting capacity for a given job classification, the Union agrees to discuss and, if necessary, negotiate changes or impacts as required by law. This includes but is not limited to changes such as qualification requirements for classifications and promotion, modification of external hiring and employment criteria, modification or elimination of job classifications, or changes to Acting requirements. D. Fair Labor Standards, Section 7(k) Exemption 1. The City of Clearwater Fire Department, pursuant to the Fair Labor Standards Section 7(k) exemption, has established a 28-day work cycle for employees in the bargaining unit who work 106 hours average biweekly schedule. 2. All employees in the bargaining unit with the exception of Fire inspection personnel shall be paid overtime only for all regular hours actually worked in excess of 212 hours during the designated 28- day work cycle. Fire inspection personnel assigned to a 40-hour weekly schedule shall be eligible for overtime for all hours actually worked in excess of 40 hours per work week. Section 9. Promotional Process A. Promotional evaluation announcements will be posted in each station at least 30 days prior to the filing deadline. B. Each announcement of a promotional evaluation shall state: 1. The title of the class for which the eligibility list is to be created. 2. The nature of the work to be performed. 3. The minimum qualifications which may be required for admission to the evaluation process. 4. The general scope of the evaluation process to be used. C. Eligibility for promotional evaluation processes may be restricted to persons employed in designated lower classes and/or in designated organizational units. D. Disqualification of Applicants The Human Resources Director, on behalf of the City, may reject the application of any person for admission to any evaluation process or refuse to evaluate any applicant or to certify the name of an eligible for appointment if, in his/her opinion, it is found: 18 1. That the applicant fails to meet the established qualification requirements for the classification. 2. That the application was not filed on or before the closing date for receipt of applications specified in the public announcement. 3. That the applicant has made an intentional false statement as to any material fact, has practiced or attempted to practice deception or fraud in his/her application or in securing eligibility or appointment. This provision shall be interpreted to include the use of any other than the applicant's legal name in making application. 4. That the applicant has a record of previous unsatisfactory service in City employment or elsewhere for the past two years of such a nature as to demonstrate unsuitability for employment in a position of the class for which he/she is applying. 5. That the applicant fails to meet standards for the position that are required by State and/or Federal law or applicable rules under such laws. 6. Any person who, by order of the Human Resources Director, is denied permission to compete in any promotional evaluation process or whose eligibility is canceled under the provisions of this section may make a written appeal to the City Manager for a final decision. E. Scope and Character of Evaluation Processes 1. Provisions applying to promotional evaluation processes: a) All promotional evaluation processes shall be competitive. b) All evaluation processes shall be of such character as to fairly determine the qualifications, fitness and ability of applicants to perform the duties of the classification to which appointment is to be made. c) Evaluation processes may be written, oral, physical or performance, or a combination of these types. They may take into consideration such factors (including experience, education, aptitude, capacity, knowledge, character, physical fitness, and other qualifications) as, in the judgment of the Human Resources Director, enter into the determination of the relative fitness of the applicants and may include inquiry into the moral character, or any other pertinent quality or attribute of the applicant. d) Evaluation processes shall include established criteria for determining a passing grade, score, or mark. F. Notification of Results Each candidate shall be notified in writing of his/her name being placed on the eligible list or his/her failure to attain a place on the list. Any candidate may, within 15 calendar days following the mailing date of his/her notice of results, request permission from the Human Resources Department to review his/her evaluation results, and will be given reasonable opportunity to do so, provided the test is not proprietary. If the test is proprietary, then a summary of his/her results shall be furnished to the applicant upon request, provided such request is made in writing within 15 days after the last section of the examination is administered and the summary is made available by the vendor. Any costs associated with the summary shall be paid one-half by the employee and one-half by the Fire Department. 19 G. Appeals from Ratings 1. Any candidate who fails to attain status on an eligibility list may, within 15 calendar days from the date of notification of such, notify the Human Resources Director in writing that error, other than error of judgment, exists. The Human Resources Director shall thereupon conduct a review. If upon review, errors other than error of judgment, are found, such errors shall be corrected. In the event such review discloses error affecting other candidates, the other candidates shall also be corrected. 2. An error correction may cause names to be added or subtracted from the eligibility list, however no change made in the ratings of any candidate shall be deemed to invalidate or in any way affect any certification or appointment previously made. Section 10. Open and Promotional Eligibility Lists All employees deemed eligible through the evaluation process shall be placed on the appropriate eligibility list for a period of two years from the date of placement on and establishing of such list by the Human Resources Department. The individual dates of initial eligibility shall appear next to the candidates' names and may differ when concurrent eligibility lists exist. The names of all persons who may be lawfully appointed and who have achieved a passing score on the evaluation process shall be placed on the appropriate eligibility list in the order of their final score without regard to the time of their test. The names of two or more eligibles having the same final score will be arranged in alphabetical order. Section 11. Appointments A. In certifying from an external eligibility list for entry hire positions, the Human Resources Department shall certify an open list of all candidates achieving a passing score on the evaluation process. In certifying from an internal eligibility list for the filling of a promotional vacancy, the Human Resources Department shall certify the names of the candidates in the top five score groups at the time of the certification. Selection from an open or promotional list shall be at the sole discretion of the Fire Chief. Selection criteria shall be developed and may include such factors as seniority, experience, education, aptitude, capacity, knowledge, character, physical fitness, and other qualifications. B. Selection criteria shall be announced at least 30 days prior to the selection process. C. Selection processes shall be competitive; shall be of such character as to fairly determine the qualifications, fitness, and ability of applicants to perform the duties of the classification to which appointment is to be made; may be written, oral, physical, performance, or a combination of these types; shall include criteria to determine the relative fitness of applicants; and shall not include questions or evaluations framed to be discriminatory in nature. When skills and qualifications are substantially equal, seniority shall prevail in selection determinations for positions within the bargaining unit. D. The Department shall counsel with any eligible employee who is not selected for promotion upon the written request of the employee. Such counseling shall include an explanation and written summary of the selection criteria whereby improvement may make the employee not selected better qualified. 20 Section 12. Probation A. A newly hired employee or an employee promoted from a class outside the bargaining unit to a class within the bargaining unit shall serve a probationary period of 12 months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the event the employee is, for any reason, absent from duty for any reason other than floating holidays or on light duty for an accumulated period equal to two weeks scheduled work hours or more, then all such time shall be added to the probationary period. B. A newly hired employee who, during the probationary period, does not demonstrate suitability for the class, as determined by the Fire Chief, shall be notified in writing of the reason(s) and shall be terminated. An employee promoted from a class outside the bargaining unit to a class within the bargaining unit who, during the probationary period, does not demonstrate suitability for the class as determined by the Fire Chief, shall be returned to his/her position held prior to the promotion or to another position at the same or lower level for which the employee is determined to be qualified, provided there is no cause for dismissal. An employee shall not have access to the grievance procedure regarding the termination during probation. C. An employee promoted or demoted from a class within the bargaining unit to a class within the bargaining unit shall serve a probationary period of six months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the event the employee is absent from duty for any reason other than scheduled leave or on light duty for an accumulated period equal to one week scheduled work hours or more, then all such time shall be added to and thereby extend the probationary period. D. An employee promoted from a class within the bargaining unit to a class within the bargaining unit who, during the probationary period, does not demonstrate suitability for the class, as determined by the Fire Chief, shall be notified in writing and shall be demoted to his/her former classification. A promoted employee serving a probationary period within the bargaining unit shall not be entitled to appeal his/her non-successful probationary period and his/her return to his/her former position. Section 13. Light Duty Light duty shall be defined as those activities which an employee can perform which do not require any type of physical activity which may aggravate an existing injury. An employee must be released by the treating physician for light duty and must have approval from Risk Management and the Fire Chief. Employees on either a job-related or non-job-related injury, illness or other medical condition may be assigned to light duty. 53-hour weekly schedule employees placed on light duty shall continue to be paid their standard biweekly pay in accordance with Article 7, Section 2. All hours actually worked while in a light duty status shall be counted toward overtime at the end of the FLSA cycle in accordance with Article 7, Section 8., D. Employees who are authorized time off while assigned to light duty shall have the number of hours equivalent to the time off deducted from the applicable leave balance. Medical appointments, approved by the Risk Management Department, related to a line of duty injury shall not be deducted from the applicable leave balance. Employees injured on duty who are approved for light duty shall continue to receive Special Teams pay if applicable. For off duty injuries, Special Teams pay shall cease after 90 calendar days of assignment to light duty. 21 40-hour weekly schedule employees shall maintain their 40-hour schedule while on light duty. All employees on light duty shall have their medical status reviewed periodically as directed by the City to determine whether maximum medical improvement has been achieved and/or the employee is fit to return to full duty. If needed, the City may require a second medical evaluation; and if so required, this shall be done at the City's expense. Light-duty assignments may be limited in number and scope at the sole discretion of the Fire Chief. Section 14. Line-of-Duty Injury Pay The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, terms and conditions. A. Line-of-duty compensation shall be payable under this section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. B. An injury shall be deemed to have been incurred in the line-of-duty if and only if such injury is compensable under the Florida Workers' Compensation Law. C. The amount of line-of-duty compensation paid shall be the amount required to supplement funds received from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the line-of-duty supplement herein provided and all other payments herein described equal the employee’s regular rate of pay at the time of the injury. D. No line-of-duty compensation under this section shall be allowed for the first seven calendar days of disability (except as provided below); provided, however, that if the injury results in disability of more than 21 calendar days, compensation shall be paid from the commencement of the disability. (It is understood that this paragraph is so stated to be in compliance with current workers' compensation law. Changes in workers' compensation law will modify this paragraph accordingly.) E. The term disability as used in this section means incapacity because of the line-of-duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of injury. F. It is the intent of this section to provide supplemental compensation for line-of-duty injuries only, and this section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty. In the event of any dispute or disagreement concerning the interpretation of the terms of this section, then the decisions concerning definition of those terms issued under the Florida Workers' Compensation Law shall control. G. The City will provide line-of-duty compensation in the amount necessary to supplement funds received from the Florida Workers Compensation Law in order to equal the employee's regular rate of pay with no charge to the employee's accrued paid leave. When an employee with less than three (3) years of service is injured on the job to the extent that such employee misses scheduled work time. The maximum period for which payment may be made under this section shall be 90 calendar days from the date of injury for each injury during the first year of employment, 60 calendar days during the second year of employment, and 30 calendar days during the third year of employment. 22 H. Line-of-duty injury pay will be provided from the first day of injury for those defined in (G) above; however, the amount paid shall be only that amount required to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plans provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay rate at the time of injury. At such time as the employee receives his/her initial workers' compensation payment, the City shall approximate the differential needed to equal the employee's base pay and shall provide such line- of-duty injury pay to equal the employee's regular base pay rate at the time of injury. Any adjustment to the City's line-of-duty injury pay under this policy will be made following the employee's return to work or at the expiration of the period for which line-of-duty injury pay is provided. I. Line-of-duty pay shall not be provided from the first day of injury to any employee after the third year of employment. Following the time limits prescribed for the provision of line of duty compensation in paragraph (G) above, employees shall be required to utilize accrued paid leave time to supplement funds received from the Florida Workers Compensation Law in order to maintain a paid status. Employee shall be permitted to utilize accrued paid leave time only in the amount necessary to supplement funds received from the Florida Workers Compensation Law in order to equal the employee's regular rate of pay at the time of the injury. J. It is the intention of the parties that nothing in this Agreement shall interfere with the normal procedures under the Workers' Compensation Laws or the requirements of the City's workers' compensation insurance carrier. Should any language of this Agreement conflict with provisions of the Workers' Compensation Law, the provisions of the Law shall prevail. An employee may choose his/her approved Workers' Compensation treating physician if prior approval is obtained through the Risk Management Division. K. If an employee is killed in the line of duty, the City shall pay to the spouse, or if there is no surviving spouse, the estate, of such deceased employee his/her accumulated severance pay. Within 48 hours of the death of the employee, the City shall deliver to the spouse or surviving children or the employee's dependent beneficiary a check for the sum of one month's current salary of the employee. L. Upon return from working a fire, the employee may request a physical examination by the City physician to ensure the employee is stable and capable of returning to work. This right may be rescinded on an individual basis if repeatedly abused. The City shall have the right to require the employee undergo a physical examination by a physician of its choice prior to receiving or continuing to receive compensation under this Section. M. Failure to immediately report a line-of-duty injury to the employee's immediate supervisor or to the Risk Management Division within 24 hours of the time of occurrence of the injury, shall result in a loss of all line-of-duty pay under this Article unless such failure to report was: (a) caused solely by and as a direct result of the employee's injuries or (b) resulted from the occurrence of an event over which the employee had no control in the opinion of the City Manager. Section 15. EMS Classifications A. The paramedic classifications of Fire Medic and Fire Medic Lieutenant are employees within the City's Fire Department who are appointed by the Department to perform emergency medical services in an emergency medical services program and who have successfully completed and passed a Paramedic training program recognized by the Department and approved by Florida Statute and the Pinellas County Medical Director's 23 office. A Fire Medic is a classification which is responsible for maintaining EMS equipment and performing emergency medical services on an ALS Unit in the area of medical procedures and patient care in addition to any assigned fire suppression duties. B. The City retains the right to hire qualified external applicants into the Fire Medic job classification, or to offer promotional opportunities to qualified existing bargaining unit or other City personnel. Should the City cease to operate emergency medical services, those employees classified as Fire Medic or Fire Medic Lieutenant shall continue to be employed by the City on the same basis as any other employee in the bargaining unit, provided that employees who are demoted shall have their compensation fixed at the same step in the respective range as that which they are assigned in their classification prior to demotion. C. EMS Status 1. All Fire and Rescue Department employees shall be required as a condition of employment to possess and maintain the appropriate EMS certifications in accordance with their respective job description. It shall be each individual employee's responsibility to ensure that all requirements are met to maintain the active status of his/her respective applicable required EMS certification. The Department shall provide opportunities for employees to meet such requirements during work hours, but employees who are unable to take advantage of such opportunities due to absence or operational demands shall not be required to make arrangements for attending to the requirements on their own. The following bargaining unit members shall be exempt from the above requirement to possess and maintain the applicable EMS certifications: Jones, Michael Employees assigned through initial hire or promotion to the classifications of Fire Medic and Fire Medic Lieutenant are required to maintain the appropriate Paramedic certifications as determined by the Department as a condition of continued employment. Depending on the staffing level of Department Paramedic positions and the availability of vacancies in non-Paramedic positions, Fire Medics and Fire Medic Lieutenants may be permitted to voluntarily demote to non-Paramedic positions for which they are determined by the Department to be qualified, with the corresponding reduction in pay in accordance with Article 7, Section 8. Approval of such demotions shall be at the sole discretion of the Fire Chief. If voluntary demotion is not approved by the Fire Chief and there is no other vacant position in the City for which such an employee is deemed by the City to be qualified, the employee may be subject to applicable provisions of the City's policies and procedures, including involuntary demotion or layoff. The City reserves the right to hire into the classification of Fire Medic new employees who possess the appropriate Paramedic certifications, and to require that such certifications be maintained as a condition of continued employment. 2. Employees who have their required EMS certifications revoked by the State of Florida or the Office of the Pinellas County Medical Director, and who appeal the action within the established timeframe through the appropriate administrative procedure, shall be maintained as employees in the Clearwater Fire and Rescue Department until a Final Order is rendered by the Division of Administrative Hearings. Said date shall not include any further appellate proceedings by the employee. Such employees who do not take advantage of this appeal procedure, or who do not have their EMS certifications fully reinstated through this procedure, shall be required to find alternate employment within the City or shall be subject to layoff 30 days from the date of the Final Order of the Division of Administrative Hearings, not including any further appellate proceedings by the employee, and shall be placed on the reemployment list for a period of one year from 24 the date of the layoff. The Fire Chief shall have the discretion to not institute layoff based on individual circumstances, and such decisions shall be considered by the parties to be non-precedent setting. Tue actions of the City pursuant to this Paragraph shall not be subject to the grievance and arbitration/appeal procedure under this Agreement or under the Civil Service Rules. 3. The Fire Department and all bargaining unit members shall comply with Florida Statutes and the Pinellas County EMS Rules and Regulations regarding Quality Assurance and ACLS and BTLS certification. Tue decisions of the County Medical Director in such matters shall not be subject to the City grievance procedure but shall be addressed through the appropriate appeals procedure. 4. The demotion of an employee required to possess an EMS certification shall not be subject to the contractual grievance procedure or Civil Service appeal procedure when the demotion or removal of pay is based upon loss of EMS certification due to action taken by the office of the Medical Director of Pinellas County or by the State of Florida. 5. The demotion of an employee required to perform EMS services or the removal of Paramedic certification pay shall be subject to the contractual grievance procedure or the Civil Service appeal procedure only if such demotion or removal of pay is the result of a disciplinary action not related to the above referenced loss of EMS certification. 6. The Arbitrator shall not have the power to substitute his/her judgment for that of the Department, the Medical Director, or the State of Florida with whom EMS personnel work in relation to performance of employees to the standards of excellence desired by the City the Medical Director, or the State of Florida. D. The parties agree that Fire Medics and Fire Medic Lieutenants are healthcare professionals but shall not be considered "professional" employees within the meaning of the Florida Public Employees Relations Act. E. If the application of this Article, or any part thereof, whether or not relating to pay, is superseded by action of a superior governmental agency, then the City will be absolved of complying with this Agreement to the extent of the conflict. Section 16. Firefighter/Driver-Operator A. Classification The classification of Firefighter/Driver-Operator shall be for those employees within the Fire Department who are the drivers and operators of the following type vehicles: Fire Engines, Aerial Apparatus (including operation of the tiller), and Squad. B. Appointments All Firefighter/Driver-Operator positions shall be filled by a competitive eligibility and selection process. All employees who successfully complete the eligibility determination process shall be eligible for consideration in the selection process. The minimum qualifications shall be in accordance with the respective City job description. 25 C. Wages All employees assigned as driver shall have at least 4 years on the department and shall receive pay in accordance with Appendix A. Section 17. Work Rules and Prevailing Rights A. It is understood and agreed by both parties that the duties performed by members of the bargaining unit cannot always be covered by job descriptions and, therefore, members of the bargaining unit may be required to perform duties in addition to all those listed within the current job descriptions which are, in the judgment of the City, related to the purposes of the Fire Department, which judgment shall not be arbitrary, capricious or unreasonable. B. Any Fire Department Rule or Regulation in conflict with this Agreement shall be of no force and effect. C. Prior to the implementation of any changes in the existing Fire Department Rules and Regulations, the Fire Chief must provide twenty calendar days notice for the Union to identify any bargaining as required in accordance with Florida Statutes, Chapter 447. If requested by the Union, the change will be referred to the next Labor/Management Committee meeting, which shall be scheduled within 14 calendar days to meet and discuss such change. If the Union provides no response, the rule will be implemented after the initial twenty day notice unless the time is extended by the Chief. The issue of whether such change conflicts with this Agreement shall be subject to the grievance procedure contained herein. The time for filing said grievance shall commence on the date the rule is implemented. D. All rights and working conditions, enjoyed throughout the Department by the employees at the present time which are not included in this Agreement shall be presumed to be reasonable and proper and shall not be changed by the City in an arbitrary or capricious manner; provided that nothing contained herein shall limit the City's rights under Paragraphs A, B and C of this Section or as expressly provided elsewhere in this contract or by law. Section 18. Subcontracting During the term of this Agreement, the City shall not subcontract out to private concerns any fire suppression, Emergency Medical Service and rescue services of the Department. Any action of the state of Florida or Pinellas County to assume control of any basic fire suppression, Emergency Medical Service or rescue services shall not be deemed subcontracting. Section 19. Indemnification The City agrees to defend any employee when the employee is sued on any claim arising out of his/her employment with the City and acting within the scope of his/her duties. The employee agrees to cooperate in his/her defense. The City also agrees to pay any judgment rendered against an employee for acts committed when the employee is acting within the scope of his/her City employment, provided that the employee did not act intentionally, with malice, or with gross negligence. 26 Section 20. Sports Participation in sporting activities while on duty shall be permitted in accordance with Fire Department SOP/SDP. Section 21. Lawn Maintenance Employees covered by the contract shall not be required to perform lawn maintenance at the fire stations. Section 22. Physical Examination A. Employees covered by this labor agreement shall be required to undergo an annual physical examination. B. The employer shall bear the cost of each examination. Additionally, 53 hour schedule employees shall be provided an allowance for attending the physical during off-duty hours. The City agrees 40 hour schedule employees may attend their physical during on-duty hours with no loss of pay. The results of these physicals shall be made available to the City and to each employee upon completion of the physical and shall be maintained as confidential medical records in accordance with law. Physicals shall include but not necessarily be limited to the following: 1. 12 Lead EKG 2. SMA Profile 12 (liver, blood sugar, etc.) 3. Chest X-Ray – (as required) 4. Complete Blood Count 5. Urinalysis 6. Rectal Cancer Exam (optional for employee) 7. Doctor's Physical (eyesight, reflexes, hearing, throat, etc.) 8. Breast/Cervical Cancer Exam (Females- optional for employee) 9. Audiometric Evaluation 10. Spirometry (Pulmonary Function) 11. Titers for Hepatitis A and B C. The City agrees to pay all expenses for inoculation or immunization shots for employees and members of an employee's family residing in his/her household when such becomes necessary as a result of said employee's exposure to contagious disease where said employee had been exposed to said disease in the line of duty; provided that the employee first makes all reasonable efforts to have this service performed at no cost by the County Health Department. The City further agrees to reimburse the co-pay cost for any preventive inoculation or immunization shots an employee may receive from his/her City primary care physician. D. The parties agree that the physical condition of the employee is of great concern to the employee and to the City. All employees whose physical fitness or medical status is deemed deficient in some manner as a result of the physical examination shall be advised by the Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health. The City shall provide free access for all bargaining unit members, and family members who are currently enrolled on the City’s health insurance plans, to any City recreational facility. Additional fees for programs 27 conducted at such facilities shall be borne by the employee. It is understood by all parties that the decision whether to use such facilities is entirely voluntary on the part of the bargaining unit members, and time spent using such facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities be compensable under workers compensation. E. The City agrees to contract with a licensed physician who shall be selected by the City and agreed to by the Union to act as a Department Physician whose duties shall be to advise the employees and the department in matters concerning the health of the employees. F. The City and Union agree that based upon a mutual agreement of the parties, this Article may be reopened for the purpose of negotiating a Wellness provision only. If the Article is reopened for such purpose and the parties are not able to reach an agreement, the item shall not be subject to the impasse procedure and the Article shall remain status quo in whole and part. Section 23. Employee Fitness & Wellness Incentive 1. During each fiscal year, employees will have the opportunity to earn wellness incentive leave hours for maintaining physical fitness and wellness standards as set forth in departmental policy. This program is voluntary. 2. Employees performing the Fitness & Wellness Assessment shall be covered under workers compensation. 3. The Fitness & Wellness Assessment will consist of two parts: Work Performance Assessment and Injury Resistance Assessment. Each assessment will be worth a maximum of twelve (12) hours for 53- hour employees or four (4) hours for 40-hour employees. This wellness incentive leave may be used in four (4) hour increments subject to the provisions set forth in Article 8, Section 2(B). 4. Scores within the fiftieth (50th) percentile or above will receive wellness incentive leave hours according to the schedule below: 53-hour Employee Incentive Value Percentile Range Reward Value 90-100 24-hours 80-90 20-hours 70-80 16-hours 60-70 12-hours 50-60 8-hours 40-hour Employee Incentive Value Percentile Range Reward Value 90-100 8-hours 80-90 7-hours 70-80 6-hours 60-70 4-hours 50-60 2-hours 28 Section 24. Residency Requirement All bargaining unit members shall be required to maintain residence within the geographical boundaries of Pinellas, Hillsborough, Pasco, Manatee, and Hernando Counties. This requirement shall continue during their tenure in any position within the fire service of the City of Clearwater. Section 25. Tobacco Product Usage No smoking or use of tobacco on or off the job shall be permitted for any bargaining unit member as a condition of employment and their continued employment within the fire service. Violation of this provision shall be deemed just cause of disciplinary action by the City, up to and including dismissal. ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. The following holidays shall be observed: New Year’s Day Veteran’s Day Martin Luther King Day Thanksgiving Day Memorial Day Day after Thanksgiving Day Juneteenth Day Christmas Day Independence Day Labor Day Holiday pay for the above listed holidays will be paid at the employee's current base rate of pay for the number of hours equaling 10% of the biweekly schedule, except that the following three special holidays will be compensated at the employee's current base rate of pay for the number of hours equaling 15% of the biweekly schedule: Christmas Day, Thanksgiving Day, and New Year's Day. 40-hour per week schedule fire inspection personnel shall not work on designated holidays unless directed to do so by the Fire Marshal or his/her designee. Fire prevention inspection personnel who are required to work on a designated holiday shall receive time-and-one-half their regular pay for all hours actually worked or 4 hours minimum, whichever is greater, on the holiday in addition to the holiday pay described above. When a City-observed holiday falls on a Saturday, the preceding Friday shall be the designated holiday for fire prevention inspection personnel. When a City-observed holiday falls on a Sunday, the following Monday shall be the designated holiday for fire prevention inspection personnel. Designated holidays which fall on a fire prevention inspection employee's regularly scheduled work day shall count as hours actually worked for the purpose of calculating overtime. B. In addition to the holidays listed in Section 1, each employee may receive up to four additional "floating holidays". Floating holidays shall be awarded at the beginning of each calendar year, subject to the restrictions below. For such floating holidays the employee shall receive his/her regular rate of pay for such 29 day if he/she does not work that day, but shall not receive additional compensation. Any day for which an employee is not scheduled to work may not be designated as a floating holiday. Floating holidays shall be subject to the following requirements and conditions: 1. No employee may utilize floating holidays until 30 calendar days after the date of hire. 2. Any person employed between January 1 and March 31 shall receive 100% of floating holidays to be utilized during the year of hire; any person employed between April 1 and June 30 shall receive 75% of floating holidays to be utilized during the year of hire; any person employed between July 1 and September 30 shall receive 50% of floating holidays to be utilized during the year of hire; and any persons employed between October 1 and October 31 shall receive 25% of floating holiday to be utilized during the year of hire. Persons employed after October 31 shall not be eligible for any floating holidays during the year of hire. 3. Floating holidays may not be carried over from one calendar year to another calendar year and if not taken are forfeited except as provided in Paragraph D of this Section. 4. After the year of hire, employees shall receive four "floating holidays" each calendar year. 5. Upon an employee's separation from the City, the employee may receive a lump sum payment for any remaining floating holiday balance per Paragraph D of this Section, or the remaining floating holiday balance may be used to advance the employee's date of retirement. C. Floating holidays will be selected in reverse seniority after all vacation days and longevity days have been scheduled. It is not necessary for an employee to schedule his/her floating holidays during the vacation selection process. Any employee selecting floating holidays after the vacation selection process will give the Department 48 hours' notice in writing of his/her request. This notice will be given to the Fire District Commander for approval based on vacation selection criteria. This permission shall not be arbitrarily withheld. In case more than one employee requests a particular day and the Department determines that both employees may not be off duty on that particular day, the senior employee shall be given preference. D. If the employee chooses not to take one or more floating holidays, he/she may make a written request to the Fire Chief on or before November 15th to receive 24 hours of regular pay for 53-hour week, or 8.0 hours of regular pay for 40-hour week in lieu thereof payable in the payroll period which includes December 1st. Any floaters not taken or requested for payment are forfeited. No more than four floating holidays shall be approved for payment each year. E. Each calendar year, members of the bargaining unit may elect to take one floating holiday as "Personal Leave Time." This personal leave day may be broken into blocks of 4 hours and will be taken in 4-hour increments. Personal Leave Time will be selected after all vacation days, extra vacation days and floating holidays have been scheduled. Any employee selecting Personal Leave Time after the vacation selection process will give the Department 48 hours' notice in writing of his/her request. All requests for Personal Leave Time must comply with all the criteria pertaining to the vacation selection process. If an employee chooses not to use all blocks of Personal Leave Time, he/she may make a written request to the Fire Chief on or before November 15th to receive pay for such remaining blocks, payable in the subsequent payroll period which includes December 1st. 30 Section 2. Vacations A. Accrual of Vacation Leave 1. Vacation leave shall be granted for all full-time employees in accordance with the number of completed years of credited service. A full-time employee shall be deemed to have earned and be eligible for vacation on the first anniversary of his/her employment. For newly hired employees, such vacation shall be prorated for the year of hire according to the following schedule: 53-Hour Weekly Schedule Employees January/February Hire Date.................................................................. 6 Duty Days March/April Hire Date .......................................................................... 5 Duty Days May/June Hire Date .............................................................................. 4 Duty Days July/August Hire Date........................................................................... 3 Duty Days September/October Hire Date............................................................... 2 Duty Days November/December Hire Date ............................................................. 1 Duty Day 40-Hour Weekly Schedule Employees January/February Hire Date ........................................................................ 80 Hours March/April Hire Date ................................................................................ 64 Hours May/June Hire Date ....................................................................................48 Hours July/August Hire Date................................................................................. 32 Hours September/October Hire Date.....................................................................24 Hours November/December Hire Date ................................................................. 16 Hours 31 Effective in the 2023 payroll calendar year and thereafter, employees shall be deemed to have earned and be eligible for vacation accrual at the beginning of each payroll calendar year. As such, employees on the 53-hour weekly schedule shall accrue paid vacation as follows: Year 1 1 year anniversary of Hire Pro-rated Days Year 2 January following 1 year anniversary of Hire 6 Duty Days Year 3 Following January 6 Duty Days Year 4 Following January 7 Duty Days Year 5 Following January 7 Duty Days Year 6 Following January 7 Duty Days Year 7 Following January 8 Duty Days Year 8 Following January 8 Duty Days Year 9 Following January 8 Duty Days Year 10 Following January 8 Duty Days Year 11 Following January 9 Duty Days Year 12 Following January 9 Duty Days Year 13 Following January 9 Duty Days Year 14 Following January 9 Duty Days Year 15 Following January 10 Duty Days Year 16 Following January 10 Duty Days Year 17 Following January 10 Duty Days Year 18 Following January 11 Duty Days Year 25 and higher Following January Thereafter 12 Duty Days Employees on the 40-hour weekly schedule shall accrue paid vacation as follows: Year 1 1 year anniversary of Hire Pro-rated Days Year 2 January following 1 year anniversary of Hire 80 hours Year 3 Following January 88 hours Year 4 Following January 96 hours Year 5 Following January 104 hours Year 6 Following January 112 hours Year 7 Following January 120 hours Year 8 Following January 128 hours Year 9 Following January 128 hours Year 10 Following January 128 hours Year 11 Following January 136 hours Year 12 Following January 144 hours Year 13 Following January 152 hours Year 14 Following January 152 hours Year 15 Following January 152 hours Year 16 and higher Following January Thereafter 160 hours 32 2. Effective in 2023 and thereafter, the vacation year shall be the payroll calendar year. 3. Effective in the 2023 and 2024 payroll calendar years, 53-hour employees who have used at least seventy-two (72) vacation hours may receive up to seventy-two (72) hours of vacation stipend in exchange for the same number of vacation hours. The employee must maintain a minimum of one hundred twenty (120) hours in their vacation bank after the exchange. The employee must not have received any formal discipline during that payroll calendar year and must have received at least Meet Standards on the most recent annual evaluation. The employee may elect to make one written request per payroll calendar year to the Payroll Preparer on or before November 15 to receive the seventy-two (72) hours of vacation stipend by the payroll period which includes December 1 of that payroll calendar year. Vacation hours sold will be paid out as pensionable earnings, at the employee’s hourly base rate exclusive of any premium or shift assignment pay in effect at the end of the payroll period following the date this form is provided to the department. Contribution requests will be irrevocable. Effective in 2023 and 2024 payroll calendar years, 40-hr employees who have used at least twenty- four (24) vacation hours may receive up to twenty-four hours of vacation stipend in exchange for the same number of vacation hours. The employee must maintain a minimum of eighty-six (86) hours in their vacation bank after the exchange. The employee must not have received any formal discipline during that payroll calendar year and must have received at least Meet Standards on the most recent annual evaluation. The employee may elect to make one written request per payroll calendar year to the Payroll Preparer on or before November 15 to receive the twenty-four (24) hours of vacation stipend by the payroll period which includes December 1 of that payroll calendar year. Vacation hours sold will be paid out as pensionable earnings, at the employee’s hourly base rate exclusive of any premium or shift assignment pay in effect at the end of the payroll period following the date this form is provided to the department. Contribution requests will be irrevocable. 4. All unused vacation balances are forfeited at the end of the calendar year, except as determined by the Fire Chief. B. Use of Vacation Leave 1. The use of vacation leave shall be authorized in accordance with Fire Department Regulations. Vacation leave shall be utilized in full day increments only, except when operational demands require an employee to work part of a day for which vacation leave has been previously approved. For 53-hour schedule employees, a maximum of seven employees shall be permitted to be absent from any shift for the purpose of personal leave including vacation and floating holidays. For 40- hour schedule employees, including Fire Prevention Inspectors and 53-hour schedule employees provided with Light Duty assignments, the Department shall determine the number of employees who may be permitted leave use in accordance with operational demands. 53-hour schedule employees who are provided a 40-hour Light Duty schedule shall not be denied the use of previously approved vacation leave, provided they notify the Fire Chief prior to the beginning of the Light Duty assignment of their intent to utilize the previously approved vacation leave. However, should such employees elect to not utilize previously approved vacation leave while on the 40-hour schedule, they shall be responsible for the subsequent scheduling of the days within the available slots or will risk losing the days. The Fire Chief may approve vacation leave for less than 24-hour increments for employees with approved Family Medical Leave Act (FMLA) paperwork on file. The need for time off must be for an approved FMLA need. 33 2. The borrowing of vacation time prior to its accrual is prohibited. 3. There is no advancing of vacation pay. 4. New employees may not take vacation until they have completed one year of continuous service. 5. If a holiday occurs during vacation leave, the employee will be paid holiday pay. 6. An employee who has more than 90 calendar days of unpaid leave, shall receive no vacation leave for that payroll calendar year. 7. Scheduling of Vacation a) Bargaining unit members will be contacted in the order of department seniority for the selection of vacation. Vacation days may be picked in either a 3- or 6- duty day block for 53- hour schedule personnel or a 5- or 10- duty day block for 40-hour schedule personnel the first time through. A block, as published on the vacation schedule issued by the Department, shall consist of a designated 3 or 6 duty day grouping beginning and ending with 4 days off for 53-hour schedule personnel, or a designated 5 or 10 duty day grouping beginning and ending with a weekend for 40-hour schedule personnel. When a Kelly Day occurs within a duty block selected for vacation by a 53-hour schedule employee, vacation leave will only be charged for the actual duty days and not for the Kelly Day. After all personnel have been contacted for their first pick, the second round will begin. All 53-hour schedule personnel who have selected a 3-day block and all 40-hour schedule personnel who have selected a 5-day block on the first round will be recontacted in the order of department seniority for their second selection on the second round. b) After all personnel have been provided the opportunity to pick their primary six or ten days of vacation in blocks, employees will be permitted to submit requests to use any bonus days for 25 years of service, floating holidays, and sick leave incentive days. All personnel will be contacted by reverse seniority for the choosing of bonus days, floating holidays and sick leave incentive days. c) Should employees elect to pass on choosing any days during the vacation selection process above, they shall be responsible for the scheduling of their remaining days, which may be selected in 24- hour increments. 48-hours notice shall be required for the request to utilize such days, however the Fire Chief or his/her designee shall have the sole discretion to approve such requests if practicable when provided with less than 48 hours notice. If the employee waits too long and there are no available slots left, they will risk losing the days. Floating holidays may be submitted for pay in accordance with this Agreement. Additional vacation days will be lost or can be donated to the Department leave pool. However, no employee shall be permitted to donate more than three days of leave per year to the pool. d) All vacation days not submitted are subject to forfeit in accordance with the above except by permission of the Fire Chief. e) The linking of scheduled days for 53-hour schedule personnel shall not exceed 9 consecutive duty days, except by special permission of the Fire Chief. If more than 9 days are linked, the employee shall be responsible for any training required to maintain certification that is missed during the scheduled time off. The Department will make every effort to schedule this training while the 34 employee is on duty. If this cannot be done, then it is the employee's responsibility to complete the required training on his/her own time. f) The changing of sick leave incentive days for previously used floating holidays is not allowed. g) When an employee is assigned to a different shift or changes job classification after his/her vacation selection has been completed and approved by the Department, the employee may request to maintain the previously selected vacation or may request alternate vacation days instead. The Department will attempt to accommodate such requests as staffing levels and operational requirements permit. h) Should any previously chosen vacation days associated with or adjacent to designated City holidays or any additional days designated by the Union at the initial vacation selection period become available due to personnel shift changes, Light duty assignments of personnel, or forfeiture of previously scheduled days, the Union shall be responsible for re-assigning the available days. Re- assignment shall be in accordance with Department standards for staffing and leave. The union shall designate one person per shift as the contact person for the re-assignment of vacation days and who shall be responsible for forwarding the information to the Fire District Commander for scheduling. C. Payment and Accrual During Military Leave 1. An employee granted an extended military leave of absence in accordance with the City Emergency Military Leave Policy shall be permitted to be paid any portion or all of his/her accrued vacation leave when the employee begins the extended military leave. 2. An employee returning from an extended military leave of absence shall accrue vacation leave as provided by law. D. Conversion To Sick Leave or Funeral Leave During Vacation Leave 1. The employee may request that vacation leave be changed to sick leave if the employee or member of the employee's immediate family becomes ill while the employee is on vacation leave. 2. The employee may request that vacation leave be changed to funeral leave provided the request is consistent with the article on Funeral Leave. 3. Requests for such changes must be made in writing to the Fire Chief or designee within 72 hours of the employee's return to work. E. Payment of Unused Vacation Leave 1. Payment of unused vacation leave and banked vacation hours will be paid at the employee's current base rate of pay upon separation of the employee, provided the employee has more than one year of continuous service, or such hours may be utilized to advance the date of retirement. 2. When a bargaining unit member is required to work a partial day on any day that he/she has previously been approved for vacation leave, the employee's vacation leave balance shall not be charged for the hours worked and such hours worked shall be paid at the overtime rate of pay but shall not be subject to the minimum hours assigned to holdover or call back in accordance with this Agreement. Should the number of vacation hours not charged due to such circumstances equal twelve hours or more, the employee shall be permitted to request to use the portion of such hours equaling a twelve-hour block in 35 accordance with Paragraph B.,7. above. The employee shall be permitted at the end of the calendar year to request payment for any remaining balance of less than twelve vacation hours not charged due to having worked a partial day, in accordance with the established provision for the payment of floating holidays as outlined in this Agreement. F. Banking of Vacation 1. The practice of banking vacation for retirement shall be limited to 240 hours for 53-hour schedule employees and 172 hours for 40-hour schedule employees. Section 3. Sick Leave A. Accrual Rate 1. Members of the bargaining unit shall accrue sick leave in accordance with the schedule below: Biweekly Hours Total Hours Accrual Rate Per Pay Hours Capped 106 134.42 5.170 2184.00 80 96.01 3.696 1560.00 2. The number of yearly pay periods sick leave is accrued is 26. B. Sick leave may be accumulated for each of the 26 accrual pay periods the employee actually works, up to a maximum as shown above. Actual work includes periods when the employee is using accumulated sick leave (but not sick leave pool), holidays, vacation with pay, and the no- loss-of-pay sick time. Employees shall not accrue sick leave during any other period of time when they are in a non-paid status or utilizing "retirement advancement". C. All accumulated unused sick leave shall be credited to any employee recalled from a lay off, transferred, or certified to another department or classification without break in service, appointed from a reemployment list or returning from a leave of absence. If the employee is promoted, demoted or transferred to another City position with a different Scheduled Pay Period Hours other than that defined above, that employee's sick leave balance will be adjusted to reflect equivalent days of sick leave earned, consistent with his/her new scheduled pay period hours. D. In the event an employee has been separated and paid for accumulated unused sick leave as hereinafter provided or has been dismissed for cause and subsequently is re-employed by the City, his/her subsequent sick leave accumulations shall be calculated as a new employee. E. Under the provisions of this section, an employee may utilize his/her sick leave for absences from duty resulting from illness or injury to the employee or a family member on any of his/her regularly scheduled work days for the number of regular hours he/she would otherwise have been scheduled to work on that day had not such absence occurred. Absence for a fraction of a day that is charg eable to sick leave in accordance with these provisions shall be charged by rounding to tenths of an hour according to the following: 36 Minutes Tenths of an Hour 1 - 6 .1 7 -12 .2 13 -18 .3 19 - 24 .4 25 -30 .5 31 – 36 .6 37 -42 .7 43 – 48 .8 49- 54 .9 55 - 60 1.0 F. Sick leave shall not be considered a privilege to be used at the employee's discretion, but shall be used only for absences: 1. Due to personal illness or physical incapacity caused by factors over which the employee has no reasonable immediate control. 2. Necessitated by exposure to contagious disease in which the health of others would be endangered by his/her attendance on duty. 3. Due to medical or dental appointments, or other personal sickness prevention measures, the scheduling of which at times other than during his/her regular working hours is impossible or unreasonable. 4. Due to illness of a member of his/her immediate family which requires his/her personal care and attention. The term "Immediate Family" as used in this paragraph shall be limited to spouse or 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, foster-child(ren), minor-guardianship(s), brother, sister, grandparent, grandchild, great-grandchild, stepparent, or stepchild, domestic. Employees may be required to produce legal justification for Foster Child(ren)/Minor Guardianship(s). Sick leave will be accrued on a biweekly basis based on hours in a paid status. An employee may utilize his/her accumulated sick time due to an illness in his/her immediate family (as that term is defined above). 5. If an employee is under a doctor's care or if a member of the employee's immediate family is under a doctor's care and the doctor certifies that the employee's personal care and/or attention is required, said time of absence shall not be considered as grounds for any discipline, provided that personal sick leave is not used in excess of accumulated sick leave. G. An employee absent for one of the reasons mentioned above shall inform his/her immediate supervisor as early as possible on the first day of absence. Failure to do so may be the cause for denial of sick leave with pay for the period of absence. In any event, the Departmental Rules shall govern the notification requirements. 37 H. Payment for Unused Sick Leave Upon separation from City service, an employee shall be paid one-half of his/her accumulated unused sick leave. The rate of payment shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The employee qualifies for payment if: 1. The employee has had at least 20 years of continuous service with the City. Leaves of absence without pay, suspensions and layoffs followed by subsequent re-employment shall not be considered as breaks in service. The length of such time off or layoff shall be deducted from the total length of service. Military leaves and leaves during which the employees are receiving Workers' Compensation shall not be deducted from continuous service; or 2. The separation is involuntary on the part of the employee including disability (incurred on or off the job) and layoffs; or 3. The employee's estate shall receive payment if an employee dies. An employee who has been dismissed for cause or who resigns voluntarily shall have no claim for sick leave payment. An employee who may otherwise be eligible for retirement under the City Employees' Pension Plan or Federal Social Security, or who may be approaching such eligibility date, and whose purpose in leaving is to retire under either program, may utilize one-half of his/her accumulated unused sick leave to the extent thereof to advance his/her retirement date. In that event, the employee shall execute a resignation to become effective on the date that such accumulated unused sick leave would be exhausted. Such resignation shall be irrevocable, and retirement shall begin at the time such resignation becomes effective. In the interim, payment for accumulated unused sick leave shall be made as a continuation of the employee's regular pay from which all regular payroll deductions shall be made in order to preserve his/her retirement status. Accumulated unused sick leave will be charged as outlined in paragraph (1) of this subsection. I. An employee may not utilize his/her accumulated sick leave absence for absences resulting from an injury arising out of and in the course of employment, other than City employment, for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment, other than City employment, may be terminated or suspended, as in the City's judgment, is appropriate. J. Except in the cases of injury incurred in the line of duty with the City, employees shall not be entitled to use sick leave until the completion of six calendar months of continuous service following the date of original appointment. K. The employee may be required to submit evidence "in the form of a medical certificate, of the adequacy of the reasons for his/her absence during the period of time for which sick leave is granted when requested by the Department Director. L. An on-duty employee injured in an accident, arising out of and in the course of his/her City employment, may elect to be continued on the payroll to the extent of his/her accumulated unused sick leave as hereinafter provided. An employee receiving sick leave with pay under the provisions of this subsection who simultaneously receives income under the Workers' Compensation Act shall receive, for the duration of such 38 income and to the extent of his/her accumulated unused sick leave, only that portion of his/her regular rate of pay (see Article 9, Section 4) which will, together with said income equal his/her regular rate of pay at the time of injury. In that event, the employee's accumulated unused sick leave shall be charged only in the same proportion as his/her sick leave payment is to his/her regular biweekly salary which shall be deemed to be that same proportion of the number of regular hours he/she would otherwise have been scheduled to work for the day, week or other period involved, rounded out to the nearest tenth of an hour. M. The use of sick leave for purposes other than those designated herein will be considered a major rule infraction. N. Sick Leave Incentive Program 1. Following any full payroll calendar year period that a bargaining unit employee uses no sick leave, the employee will be allowed to convert two days of sick leave to Sick Leave Incentive Days or the cash equivalent based upon the employee's current base hourly rate of pay. 2. Following any full payroll calendar year that a bargaining unit employee uses between one-tenth of an hour and the equivalent of two days of sick leave the employee will be allowed to convert one day of sick leave to a Sick Leave Incentive Day or the cash equivalent based upon the employee's current base rate of pay. 3. Employees shall be required to submit notice of their choice of the above within 30 days of Sick Leave Incentive eligibility notification or shall have no sick days converted. 0. Sick Leave Pool A joint leave pool will be established by members of the International Association of Fire Fighters bargaining unit, such leave pool to be available for use by members subject to the following provisions: 1. The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury, whether job-connected or non-job-connected, or serious illness or injury to a family member covered under the family sick leave policy. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than 30 calendar days. 2. A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purpose and limitations. a) The committee shall consist of three members designated by the bargaining unit, one management employee designated by the Fire Chief, and one management designee of the City Manager. b) The committee shall review employee needs and circumstances consistent with the provisions of the leave pool and shall determine eligibility for and the amount of pool leave time that may be provided to employees. The committee may establish procedures, forms, and other rules necessary for its effective operation, provided they are consistent with the provisions of this section. c) The committee's decisions are final and are not grievable. 3. Bargaining unit members may donate days from their vacation, floating holiday, or sick leave balances to the leave pool one time per year in January. 39 a) No employee shall be permitted to donate more than three days of leave per year to the pool. In the event that the leave pool becomes insufficient to provide leave days, the committee may, with the prior approval of the City Manager or designee, open up the opportunity for additional donations to be made during the calendar year. This shall be limited to one time per year; however, the 3-day donation limit shall not be modified. b) All donations of pool leave time must be in full-day increments based on the employee's full-time regularly scheduled day (i.e. an 8-hour or 24-hour day is a full day). c) Donations of pool leave time are irrevocable. d) No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day for day. 4. When pool leave time is authorized by the committee for use by an employee, it shall be on a day-for- day basis, irrespective of whether the employee works an 8-hour or 24-hour shift. An employee using leave pool time shall receive regular base pay and his/her regular shift pay; however, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). 5. Pool leave time not used in a given year by the employee receiving the donated pool leave time shall be returned to the leave pool and carried over to the next year. No donated pool leave time will be refunded to the donor. Section 4. Funeral Leave A. 53-hour schedule employees shall be allowed up to three (3) consecutive shifts off with pay and 40 hour schedule employees shall be allowed up to four (4) consecutive duty days off with pay in the event of a death in the immediate family which shall be limited to spouse or 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, foster-child(ren), minor-guardianship(s), brother, sister, grandparent, grandchild, great-grandchild, stepparent, or stepchild. This is not chargeable to sick leave. Employees may be required to produce legal justification for foster Child(ren)/Minor Guardianship. B. 53-hour schedule employees shall be allowed up to two (2) consecutive shifts and 40- hour schedule employees shall be allowed up to three (3) consecutive duty days in the event of a death of a member of the “Close” family chargeable to sick leave. “Close” family shall be defined as the following family members: step-brother, step-sister, brother’s wife, sister’s husband or other member of the employee’s immediate household. C. Additional time off may be granted by the Fire Chief, or his/her designee and shall be chargeable to sick leave. Furthermore, any employee availing himself/herself of a provision in this section must notify the Fire Chief or his/her Fire District Commander of such intent as soon as possible. 40 Section 5. Absence Without Leave A. Any employee who is absent from duty for two consecutive work days for 53-hour schedule employees and three consecutive work days for 40-hour schedule employees without notice and valid reason therefore shall be deemed to have voluntarily terminated his/her City employment and to have vacated his/her position and will be separated from the payroll as a dismissal unless a leave of absence is subsequently granted under any of these rules. B. The failure of an employee to report for duty at the expiration of a leave of absence or vacation leave with or without pay, shall be deemed an absence without leave. Section 6. Time Off From Duty A. An employee may be granted necessary time-off from his/her duties with compensation for any of the following reasons, when such time off does not, in the judgment of the Fire Chief, interfere with the operation of the Department. 1. Attendance at professional or other conventions, institutes, courses, classes, seminars or meetings when such attendance is approved in advance by the Fire Chief or his/her designee. Attendance will be at the discretion of the Fire Chief except when the requested leave is for promotional exams which will get first priority. 2. Attendance at in-service training and other in-service meetings when approved by the Fire Chief or his/her designee. The provisions of this paragraph shall be deemed to include authorized safety meetings. 3. The President, Secretary-Treasurer, or designee of the Union shall be granted Union time-off to attend state and international conventions, provided a minimum of one month's written notice is given to the Fire Chief. B. The Union may, upon request, be allowed up to 400 duty hours per fiscal year to be excused for Union business, conferences, training, and Executive Board meetings pertaining to the City of Clearwater. Any such request must be initiated in writing to the Fire Chief or designee, and will give the name of the person wanting off, date the person is to be off, and the number of hours the person will be off. Time off from duty under this provision must be approved by the Fire Chief or his/her designee and must be taken in not less than four-hour increments. Absences for Union time excluding the Union president/designee shall count toward the total number of seven employees permitted to be absent for personal leave on any given shift. Any unused portion of the balance is to be carried over into the next contract year. Any use of City facilities for Union-related business shall require written request at least 48 hours in advance to the Fire Chief, which may be granted or denied at his/her sole discretion. Executive Board members only shall be permitted to conduct/attend Executive Board meetings while on duty with no charge to the aforementioned Union time, with the prior approval of the Fire Chief or his/her designee, provided 48 hours notice is given, and further provided that such meetings will cause no adverse impact to Department operations. Off-duty Executive Board members shall not be eligible to receive any compensation for time spent attending such meetings. Union officials utilizing union time shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. In any event, absence from duty for union business shall not be approved which requires a union official to be off duty for periods in excess of three consecutive scheduled 41 work shifts. Extension of any consecutive time off for union officials, over and above the three consecutive shifts, may be granted solely at the discretion of the Fire Chief. Requests for union time off must be made on the designated form. Jointly related business between the City and the Union shall not be subject to deduction from the bank, however, the Union acknowledges that such time needed for arbitration hearings will be chargeable to the account. In any event, the Fire Chief or his/her designee, may at his/her discretion deny any request not made at least 72 hours in advance and submitted by a Union Officer, or which renders the Department staffed below that level which the Chief determines to be necessary. Section 7. Right to Contribute Work In the event that an employee's illness or physical incapacity should continue beyond the point where his/her accumulated sick leave, if any, has been exhausted, he/she may request to have other qualified employees of the Department perform his/her regular duties; provided that such substitution would not require overtime compensation for the substitute and the maximum allowable contributed time to any one employee is a total of 90 calendar days for the duration of this contract. Section 8. Military Leave Any regular or probationary employee in the classified service being inducted or otherwise entering the armed forces of the United States in time of war, or pursuant to the Selective Service Act of 1948 as amended, or of any other law of the United States, shall be granted military leave of absence without pay for the period of the military service required of him/her, and on completion thereof be reinstated in the City service in accordance with the following regulations: A. Military leaves shall be granted in accordance with the provisions herein except where said provisions may be superseded by Federal or Florida Law: 1. For inductees, the minimum period of time required to be served. 2. For enlistees in time of war, the period of the first minimum enlistment, or for such additional period of time required to be served. 3. For reservists, the minimum period of time required to be served. 4. For pre-induction physical examination when so ordered by a Selective Service Board, time off shall be granted for the minimum period necessary to comply with such order, but shall in no case exceed two (2) regularly scheduled work days. 5. For required active or inactive training duty as a member of a Reserve Component or the National Guard falling on the employee's regularly scheduled work days, the employee shall be allowed up to a maximum of two hundred and forty (240) working hours per calendar year without loss of pay. Absences from duty for required military reserve training in excess of two hundred and forty (240) working hours per calendar year or for any non-required military reserve training for which the employee initially volunteered shall not be compensated for by the City. A copy of the employee's military orders certifying his/her training assignment shall be submitted by the employee to the Fire Chief and the Human Resources Department immediately upon receipt by the employee. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the two hundred and forty (240) working hours provided above will be granted time off without pay. Due to the unique 24 hours shift schedule, the employee may break the absence time into 12 hour blocks and will be charged for a 6 hour block of 42 time in order to facilitate travel and military duty requirements. The employee shall be required to provide timely notice of such training assignments to the City of such training assignments. Failure to provide any of the timely notices herein required of an employee's military orders to the Fire Chief and the Human Resources Department shall be considered just cause for disciplinary action not to exceed a three (3) day suspension. B. For the purposes of this Section, "armed forces" shall be defined to include: 1. The Army, Navy, Marine Corps, Air Force and Coast Guard. 2. The auxiliary services directly necessary to and actually associated with the armed forces of the United States, as may be determined by the City. C. Application for reinstatement must be made within 90 calendar days from date of discharge or release, or from hospitalization continuing after discharge for a period of not more than one year. Such application shall be in writing to the Human Resources Director and shall be accompanied by evidence of honorable discharge or release. D. Upon return from military leave, the employee shall be reinstated in the City service in accordance with the following regulations: 1. If still qualified to perform duties of his/her former position, the employee shall be restored to position or to a position of like seniority, status and pay; or 2. If not qualified to perform the duties of his/her former position by reason of disability sustained during such service but qualified to perform the duties of any other position in the employ of the City, the employee shall be restored to such other position, the duties of which the employee is qualified to perform, as will provide the employee with like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in his/her case. 3. In the event no vacancy exists in the appropriate class and there is an employee in such class serving a probationary period who has not acquired regular status, then such probationary employee shall be laid off and the returning employee reinstated. 4. If a returning employee has regular status and cannot be reinstated under the prov1s1ons of paragraph (3) above, then the employee having been employed in the appropriate class for the shortest period of time shall be laid off and the returning employee reinstated. 5. A returning employee shall have the same status as prior to the beginning of his/her military leave. The employee shall be allowed to take any subsequently administered examination for promotion after return that he/she would have been eligible to take had he/she not been on military leave, and shall be required to complete any uncompleted period of probation. No grievance shall be filed or processed by any other employee or the Union in connection with this paragraph. 6. The employee shall submit to such medical and/or physical examinations as the City Manager shall deem necessary to determine whether or not such military service has in any way incapacitated him/her for the work in question; provided however, that as far as practicable any employee returning with disabilities shall be placed in such employment as the City Manager shall deem suitable under the circumstances. 7. Any regular or probationary employee receiving a dishonorable discharge from the armed forces shall not be reinstated to any position in the City service. 43 8. An employee granted a military leave of absence shall, insofar as possible, have all the rights and privileges he/she would have had if he/she had remained on duty including cumulative seniority, and except as otherwise provided in these Rules and Regulations, all other benefits dependent on length of employment to the same extent as if the employee had not been absent on such leave. An employee returning from military service shall be reinstated to active City service at the earliest possible date following application for such reinstatement, consistent with the best interests of the City service and taking into consideration necessary adjustments of staff. However, in no event shall this period be more than thirty (30) calendar days. The City shall have the right as part of directing the employee's duties upon returning to work, to assign the employee to such training as is necessary in its judgment to ensure the employee's familiarity with job duties and knowledge. 9. Eligible employees will be paid in accordance with Sections 115.09 and 115.14, Florida Statutes. ARTICLE 9 WAGES AND COMPENSATION Section 1. Pay Schedule Base for October 2021 Base for October 2022 Base for October 2023 Firefighter $46,000 - $73,000 $48,200 - $75,200 $50,400 - $77,400 Firefighter/Driver Operator Fire Inspector I $53,000 - $80,000 $55,200 - $82,200 $57,400 - $84,400 Fire Medic $58,000 - $85,000 $60,200 - $87,200 $62,400 - $89,400 Fire Lieutenant Fire Inspector II $66,000 - $93,000 $68,200 - $95,200 $70,400 - $97,400 Fire Medic Lieutenant $74,000 - $101,000 $76,200 - $103,200 $78,400 - $105,400 Effective on the first day of the payroll period that includes October 1, 2021, pay ranges for all classifications are set forth in this Section 1 Pay Schedule. Employees will receive a one-time pay adjustment. This adjustment is calculated by adding $1,800.00 for each year of completed service with the Clearwater Fire & Rescue Department, as of October 1, 2021, (up to a maximum of 15 years) to the base starting salary of the employee’s job classification. Employees shall not exceed the maximum annual rate of pay as provided in this Section 1 Pay Schedule. Employees who are above the maximum annual rate of pay will not receive any increase in pay. Effective on the first day of the payroll period that includes October 1, 2022, the City shall provide a $2,200.00 general wage increase for all employees, as set forth in this Section 1 Pay Schedule. Employees shall not exceed the maximum annual rate of pay as provided in this Section 1 Pay Schedule. Employees who are above the maximum annual rate of pay will not receive any increase in pay. Effective on the first day of the payroll period that includes October 1, 2023, the City shall provide a $2,200.00 general wage increase for all employees, as set forth in this Section 1 Pay Schedule. Employees 44 shall not exceed the maximum annual rate of pay as provided in this Section 1 Pay Schedule. Employees who are above the maximum annual rate of pay will not receive any increase in pay. Any further general wage increase after September 30, 2024 will be dependent upon and subject to negotiations in any successor Agreement. Section 2. Pay Schedule Format: Merit Pay Increases Beginning on the first day of the payroll period that includes October 1, 2022 to the last day of the payroll period that ends prior to October 1, 2024, employees who receive a rating of Meets Standards or better on their annual performance review shall be provided Merit Pay of $1,800.00. Merit Pay will be paid in the payroll period that includes the date of the employee’s annual performance review. Employees shall not exceed the maximum annual rate of pay as provided in the Article 9, Section 1 pay schedule. Employees who are above the maximum annual rate of pay will not receive any increase in pay. Any further continuation of Merit Pay after September 30, 2024 will be dependent upon and subject to negotiations in any successor Agreement. Section 3. Merit Pay Review - Increases and Delay or Denial Employees who receive a merit eligibility evaluation rating of Meet Standards or better shall be provided a Merit Pay Increase as provided in Section 2 above. Employees who receive a merit eligibility evaluation rating of less than Meet Standards shall not be granted a Merit Pay Increase. Such employees shall be reevaluated after three months and if then rated Meet Standards, shall be granted a merit pay adjustment as of the date of the three-month follow-up evaluation. The effective date of the increase shall be utilized for the purpose of determining eligibility for future merit pay adjustments . If the initial three months follow-up evaluation rating is still less than Meet Standards, the employee shall be evaluated again in three more months. If then rated Meet Standards or higher, the employee shall be granted a merit pay adjustment as of the end of that second three-month follow-up period. The effective date of this increase shall be utilized for the purpose of determining eligibility for future merit pay adjustments. If the employee is rated less than Meet Standards on the second three-month follow-up evaluation, no merit pay adjustment shall be made; and the employee will be evaluated again one year from the date of the initial annual evaluation which was less than Meet Standards. Section 4. Rates of Pay A. Base rate of pay is defined as compensation at the rate prescribed for the job class in the Pay Schedule. B. Regular rate of pay is defined as base pay and any assignment pay if regularly assigned. C. Overtime is defined as one and one-half times an employee's regular rate of pay. 45 Section 5. Annual Personal Resource Allowance A. All members of the bargaining unit who are actually working on January 1st of each year shall be provided an annual allowance of $440 per year, which shall be utilized to cover (1) the costs of laundering coat, shirts, pants, jumpsuit, and bed linens, (2) the replacement of personal items such as glasses, watches, hearing aids, etc., and (3) time spent attending the annual physical, except for 40-hour schedule personnel who shall attend on duty, but shall still receive the allowance. B. An employee who is on extended sick leave (60 days or more) or has been approved for regular disability retirement by the Pension Advisory Committee shall no longer be eligible for the personal resource allowance. C. The annual resource allowance shall be paid on a quarterly basis to eligible bargaining unit members who are actually working at the time of the quarterly payment, and shall reflect the appropriate amounts subject to withholding and not subject to withholding for tax purposes. Section 6. Mileage Reimbursement A. For each move a member of the bargaining unit is required to make, and use his/her own vehicle, after he/she has reported to his/her duty station, the City will provide reimbursement to the employee in accordance with Sec. 2.328 of the City of Clearwater Code of Ordinances; or, the City may elect to provide transportation. B. The mileage reimbursement rate shall be consistent with City Policy. C. This distance will be computed by the City, so that both the City and employee can refer to a standard table to ascertain the distance between any two Fire Stations. D. Request forms for mileage reimbursement must be made to the Fire Chief’s office monthly. E. In the event that an employee is transported in a City vehicle under the provisions of this part, the City will provide the employee transportation back to his/her duty station at or before the end of the employee's tour of duty if the employee so requests. Section 7. Special Teams Any employee who meets the current certification guidelines set forth by the Fire Chief and is specifically assigned to a Special Team on a scheduled shift shall receive fifty dollars ($50) per payroll period in addition to the current base rate of pay. Bargaining unit members who meet the current certification guidelines set forth by the Fire Chief and are assigned as team leaders shall not receive the Special Team pay as described above, but shall instead receive sixty dollars ($60) per payroll period in addition to the current base rate of pay. Special Team training and assignments shall be made at the discretion of the Fire Chief or his/her designee and Special Team Pay will be provided to a maximum number of employees as follows: Dive Team - 6 per shift plus one team leader Technical Rescue Team- 8 per shift plus one team leader Emergency Response (SWAT) Team-4 per shift plus one team leader 46 Employees may participate on more than one Special Team but shall be eligible to be compensated for one Special Team only. Additional employees may be permitted to participate in the training process only based on availability of funds. The department shall provide the initial issue of clothing and equipment particular to Special Teams and the replacement of clothing (shirt, pants, coat, and jumpsuit) will be the responsibility of the employee through the use of the annual Personal Resource Allowance. Initial issue Special Team clothing shall be the following: DIVE 1 x Jacket 1 x Jumpsuit 1 x Swim Trunks 1 x Shirt 1 x Shorts TECH RESCUE 3 x Shirts 3 x Boots SWAT 2 x Shirts 2 x Pants 1 x Boots MARINE 1 x Shirt 1 x Swim Trunks An employee may be removed from a Special Team assignment if he/she is unable to participate for a period of 30 days or more for reasons other than scheduled leave. Special Team pay may be discontinued at any time should the City no longer continue to provide the designated service. Section 8. EMS Wages A. All employees shall receive pay in accordance with Pay Schedule. B. Employees assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver-Operator, and Fire Lieutenant who are State of Florida and Pinellas County certified as a Paramedic, and who agree in writing to be willing to serve in an acting capacity as a Fire Medic or to be assigned as a Paramedic on an ALS unit when called upon by the Department to do so, shall receive a Paramedic certification pay differential of $100.00 per payroll period. Such employees shall be eligible to receive Acting Pay in accordance with Paragraph C below in addition to the biweekly certification pay. Such employees who elect to receive the Paramedic certification pay differential shall be required to provide written notice of their intent to no longer be willing to serve in an Acting capacity as a Fire Medic or as an assigned Paramedic on an ALS unit and thereby no longer receive the $100.00 per payroll period certification pay differential at least 30 calendar days prior to the end of the payroll period in which they wish to effect the change. Upon the effecting of such requests by the Department, the affected employees shall not be eligible to receive the Paramedic certification pay differential for a period of six months. Employees assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver- Operator, and Fire Lieutenant who are State of Florida and Pinellas County certified as a Paramedic and who do not agree to be willing to serve in an Acting capacity as a Fire Medic or as an assigned Paramedic on an ALS unit and thereby not receive the $100.00 per payroll period certification pay differential shall be eligible to elect to be assigned as a Paramedic to an ALS unit on a voluntary basis, and when so assigned on an ALS unit shall be compensated in accordance with paragraph C below. C. Employees assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver-Operator, or Fire Lieutenant who are state and county certified as an E.M.T. or Paramedic, and who are not receiving Acting pay, and who are assigned on an ALS unit will receive assignment pay of 5% above the employee's current base rate of pay for all hours served on the ALS unit. D. The Department agrees to publish a semiannual list of the dates of expiration of all E.M.T. and Paramedic certifications. 47 Section 9. Training and Tuition Refund A. Members of the bargaining unit shall be entitled to participate in a tuition reimbursement program provided that all classes are off-duty, except for promotional courses for the positions of Lieutenant and/or Fire District Commander where department policy will be followed. However, the City and the Union may agree to pro rate such tuition reimbursement for classes which cross both on-duty and off- duty time. B. The tuition refund for members of the bargaining unit shall be up to $1700 per year for each year of the agreement. However, if classes taken by a bargaining unit member pertain to an advanced degree program (Master’s Degree or higher), then up to $2000 of tuition paid for such classes shall be reimbursable. C. Participation in Tuition Refund will not imply any eligibility for school time pay nor will it impose any obligation to the City under FLSA. D. Except for training requirements occasioned by extended vacations, when a bargaining unit member is directed by the Department to attend classes, the member will be compensated for the hours spent in accordance with the law. E. The City shall provide and maintain reasonable training grounds and facilities. F. The City agrees to pay the tuition only for classes required as part of a State of Florida Paramedic certification program for up to one bargaining unit member per shift or 3 members total, whichever is greater, for each year of this Agreement provided that the classes are offered in such a manner that the employees may attend the classes during non-duty hours, and such class hours shall not be counted as hours worked. Should such classes not be available in a manner that the employees may attend during non- duty hours, the Fire Chief in his/her sole discretion shall determine whether to release the employees from duty for only the hours necessary to attend the classes. In such case, the employees shall be expected to serve the remaining hours of any shift for which they are scheduled. Any prerequisite classes necessary to participate in a State of Florida Paramedic certification program shall only be subject to the tuition reimbursement provisions outlined in Paragraphs A-D above and in accordance with established Department guidelines to determine whether or not the class hours constitute compensable time. Any existing employee who obtains a State of Florida Paramedic certification through the process outlined in this Section shall be required to comply with the requirements necessary to obtain and maintain certification as a Paramedic in Pinellas County, and shall be required to remain with Clearwater Fire and Rescue and serve as a Fire Medic when called upon to do so for a period of five years or shall be subject to repayment of any costs incurred by the Department for such classes. Should an employee voluntarily leave the department or be permitted to voluntarily demote to a non- paramedic classification in accordance with this agreement before the end of the five year period, the amount of such repayment shall be prorated by 3- month increments with the employee being required to pay the prorated amount corresponding to the number of remaining full 3-month periods not served. 48 Section 10. Clothing and Equipment A. The City shall continue to provide the initial clothing and protective devices currently supplied, or their equivalent, and initial safety equipment currently supplied, without cost to the employee. Employees shall be required to wear or use the clothing or other items provided unless a suitable replacement as determined and approved in advance by the Department is provided by the employee at the employee's own cost. The employee will replace any lost or abused equipment that has been supplied by the Department by purchasing the lost or abused equipment from the Department at the value of the lost or abused equipment, as determined by the Fire Chief. Initial issuance for all new employees shall be in compliance with the table below. Item Description Suppression / EMS Inspection Bunker Cost 1 As Assigned Bunker Pants 1 As Assigned Firefighting Boots 1 As Assigned Firefighting Gloves 1 As Assigned Firefighting Helmet 1 As Assigned Firefighting Mask 1 As Assigned Firefighting Regulator 1 As Assigned Firefighting Suspenders 1 As Assigned Nomex Hood 2 As Assigned Safety Vest 1 As Assigned Howd Strap 1 As Assigned Flashlight 1 As Assigned Item Description Suppression / EMS Inspection Coat 1 1 Pants 6 8 Shorts 2 T-Shirt Short Sleeve 8 T-Shirt Long Sleeve 3 Class A – Short Sleeve 6 3 Class A – Long Sleeve 1 1 Sweatshirt 1 Jumpsuit 1 1 Hat 1 Tie 1 Badge 1 2 Nametag 1 1 Collar Insignia Sets 2 1 Blanket 1 Pillow 1 ID – City 1 1 ID – County 1 1 Safety Shoes 2 pairs 2 pairs Personal Escape Rope 1 Polo Shirt *Lt. Rescue receives 2 4 B. All employees will be provided an initial issue of any new items in addition to those on the list above when such items are required by the Department. Equivalent variations of clothing items on the list above, such as coats, shirts, and pants, may be provided by the Department to all newly hired employees and shall be available to existing incumbent employees through the use of the personal 49 resource allowance as defined in this Agreement. C. All items issued by the Department shall be returned to the Department before an employee leaves the service of the Department either by termination, resignation, retirement, etc. Should any such items not be returned, the City shall withhold from the employee's final paycheck an amount sufficient to reimburse the City at a pro-rated replacement cost of the equipment. D. The Department shall issue and maintain uniforms and equipment to personnel it determines necessary in order to provide an Honor Guard presence as the City deems appropriate and subject to the availability of funds. It is understood that the decision whether to have an Honor Guard, and who shall be designated to participate, rests with the Fire Chief in his sole discretion. Any items issued to Honor Guard personnel shall remain the property of the Department and shall be returned upon separation in accordance with Paragraph C of this Section above. E. The Department shall annually replace the established by the Department. following uniform items m accordance with procedures Pants Pants (tactical) Shorts Short Sleeve Tee Shirts Short Sleeve Shirt Jump Suit Long Sleeve Tee Shirts Polo Shirt (Inspection Only) Polo Shirt (Lt. Rescue) Safety Shoes 3 pair 1 pair 2 pair 6 1 1 every 2 years 3 2 1 2 50 Section 11. Standby A. Fire Prevention Inspectors, Fire Inspector II, and Fire Inspector I, (both primary and back-up), who are assigned to remain in a standby status while not on duty shall be paid at the following rates during the term of this agreement: Monday through Friday $40.00 per night Weekends $50.00 per day Extended Time During Designated Holidays $50.00 per day B. Standby assignments are mutually exclusive of call-in and holdover provisions of this agreement. Nightly standby (Monday - Friday) shall begin at the end of each regular workday and shall end at the beginning of the next workday (16-hour period). Weekend standby shall begin at the time which would be the employee's normal starting time on Saturday and shall conclude at the beginning of the employee's regular workday on Monday (48-hour period). Extended Time During Designated Holiday shall apply when the employee assigned to standby continues in standby assignment for an 8-hour extended period on a designated holiday. In addition to the above, an employee who is called out to work while on nightly or weekend standby duty shall be credited with one hour work time or the actual hours worked during the entire standby period, whichever is greater. C. The Department retains the discretion but is not required to assign a take- home vehicle to Fire Prevention Inspectors who are subject to standby. Section 12. Paycheck Issuance Pay advice shall be available via the Employee Self Service (ESS) Portal. Employees shall be required to elect to receive the entirety of the pay in either standard hard copy paycheck format or through direct deposit by electronic transfer, and will not be permitted to split their pay between the two mediums. Employees electing to receive standard hard copy paychecks may pick them up from Fire Administration during normal business hours. Employees may elect to change from one payment medium to the other at any time provided written notice of fourteen calendar days is given to the City's Payroll division. 51 ARTICLE 10 INSURANCE Section 1. Life Insurance All life insurance premium contributions and plans currently in force shall continue for the duration of this Agreement. The selection of an insurance company shall be free and without prejudice and of the employee’s choice from the companies offered by the City, with the approval of the Insurance Committee. The Union agrees to participate with the Insurance Committee in making decisions regarding life insurance. The City shall no longer permit any new enrollment in the 1% Life Insurance Program. Bargaining unit employees who are enrolled as of the effective date of this Agreement may continue to participate provided, they maintain their participation on a continuous basis thereafter. Any employees who currently participate and choose to discontinue their enrollment will not be permitted to re-enroll in this benefit again at a later date. Section 2. Death Benefits The current practice of paying accrued rights and benefits to the designated beneficiary or next-of-kin upon the death of an employee shall continue. Section 3. Health Insurance The City agrees to meet with the I.A.F.F. and other City of Clearwater union representatives to review the health insurance program for the purpose of reducing the cost of such program for the City and the employees. The City further agrees to provide the I.A.F.F. with such information as would be required to formulate such a benefit package and to cooperate with the I.A.F.F. and other unions to obtain pertinent information from the present carrier. The City agrees that for the calendar year occurring within the first year of the agreement, the City shall contribute toward the medical insurance premiums for employees and their dependents in the amount approved for the plans approved by the City Council. The City agrees to maintain the current Benefits Committee recommendation process culminating in final action by the City Council to determine medical insurance premiums for employees and their dependents for the duration of this Agreement. The City further agrees that during the life of the agreement, the City will make available to employees the option of at least one health insurance plan for which the City shall pay 100% of the premium for the employee only base benefit plan cost, it being understood that such base plan may provide a different level of benefit than that which is currently provided. Additional coverage for the family or spouse, as well as any enhancements or “buy ups” to the base plan will continue to be paid for by the employee. Any information received by either party from the consultant or from another carrier will be shared with the other party. 52 ARTICLE 11 PERFORMANCE AND DISCIPLINE The City and the Union agree that any system of discipline or performance management should be continually reviewed for its effectiveness. The system may be modified from time to time to better meet the needs of the employees and the City. Any changes will be consistent with sound personnel practices. All discipline will be for just cause and consistent with due process. Employees have the right to Union representation any time they believe a meeting may lead to disciplinary action. The City-wide and Fire Department standards shall be in writing. The Union will provide input as the standards are developed and/or modified. If the Union refuses to participate or provide input, the City and the Fire Department maintain the right to change the process. The City recognizes that members of the Fire Department are protected by the “Firefighter Bill of Rights” and any disciplinary action will conform to the guidelines of that law. ARTICLE 12 CITY’S DRUG AND ALCOHOL PROGRAM POLICY A. The City's Drug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government or agencies deem permissible. Union representatives will be furnished with copies of the policies upon such revision. Whenever the City or the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed amendments or changes to the other party a reasonable period of time in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed amendments or changes in accordance with the law and the terms of this agreement. B. References to CDL and "safety-sensitive" employees and positions shall not apply to IAFF bargaining unit members. As such, IAFF bargaining unit members shall not be subject to the following provisions of the City Drug and Alcohol Program Policy or agreed to by the parties: Section II, B. Section II, C. Section II, E. 2. Section II, E. 4. 53 ARTICLE 13 RETIREMENT Section 1. The City and the Union agree that prior to retiring an employee may use his/her vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee's date of retirement. Section 2. The employee will be considered a regular employee for service credit to the pension plan. The City and the employee will continue to contribute to the pension plan. Section 3. During the period of "retirement advancement", the employee will not be eligible to receive or accrue any benefits except retirement credit, and Educational Incentive Pay. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers' compensation, holidays and holiday pay, allowances, reimbursements, and special payments of any kind. ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1. Seniority A. Definition -- Seniority is hereby defined as the length of continuous service in City employment except as applied to vacation preference, promotions, layoffs, and assignments. B. How Measured 1. In the event an employee transfers from the Fire Department to another position within the City and, at a later date, transfers back to the Fire Department, the seniority date for the purpose of layoff, promotions, and transfers, shall be the date the employee transfers back into the Department. 2. Any employee who transfers from another City department to the Fire Department shall retain full City seniority with regards to vacation and sick leave accrual. However, for purposes of layoff, departmental seniority shall prevail. In regards to pay and pensions, the applicable civil service rules or City Pension ordinance shall apply. 3. In the event two or more employees have the same seniority date, the employee whose first letter of his/her last name is closest to the letter "A" shall have more seniority. 4. The seniority list on the date of this agreement shall reflect names, job titles, and seniority dates (departmental and City) of all employees. 5. The City will maintain a current seniority list at all times and will provide the Union with copies of such list in December and June of each year. 54 6. Emergency, provisional, seasonal, and temporary part-time employees shall not accumulate seniority during any period of such employment. C. Continuous service shall mean employment by the City in a position in the classified service without interruption or break, except that the following shall not be considered as breaks in employment: 1. Leaves of absence or time off with or without compensation granted pursuant to this Contract. The length of any such leave shall not be deducted from the length of continuous service in computing seniority. 2. Layoffs for lack of work, lack of funds, abolition of position, or because of material changes in duties or organization, not exceeding one year in length, followed by reinstatement or by appointment from the reemployment list. The length of any such layoff shall not be deducted from the length of continuous service in computing seniority. 3. Disability retirement if and when followed by reinstatement. The length of any such disability retirement shall not be deducted from the length of continuous service in computing seniority. 4. Suspensions of less than three months in accordance with this Agreement. The length of any such suspension of more than three months shall be deducted from the length of continuous service in computing seniority. 5. Dismissals subsequently withdrawn or modified by the Appointing Authority, arbitration award, grievance decision, or the Civil Service Board in accordance with this Agreement. 6. Resignations subsequently withdrawn, in accordance with this Agreement, within six months after acceptance, followed by reinstatement or appointment from the reemployment list; provided, however, that the actual length of separation from the service shall be deducted from the length of continuous service in computing seniority. D. Uses -- In addition to the circumstances and conditions wherein, by the provisions of this Agreement and/or these Rules, seniority has been determined to be the controlling factor, it shall also be given reasonable consideration in determining the order of layoff, the order of names on a reemployment list and in promotions in accordance with the rules governing those procedures. E. Transfer -- In the event of a transfer or appointment from certification to another department, an employee shall retain all accumulated seniority. 55 Section 2. Layoffs A. In the event of layoffs, all probationary status employees in the class involved shall be laid off before any permanent status employees in the class involved. The order of layoff of probationary employees shall be determined by management evaluations of the performance and potential of the employees. B. In the event further layoffs are required, such layoffs shall be accomplished by class groups of Firefighter, Firefighter/Driver-Operator, Fire Medic, Fire Lieutenant, Fire Medic Lieutenant, and Fire Prevention Inspector. Notwithstanding anything to the contrary contained in this Agreement, Management shall determine the number of employees to be laid off and the class or classes involved. An employee who is designated to be laid off shall have the opportunity to revert to the position he/she held prior to his/her current classification. If this movement requires further reduction in the work force, the same procedure shall be utilized for subsequent positions in accordance with this section, and the process continued through the ranks thereafter. Within the involved classes, layoffs shall be accomplished by the following groupings: 1. Group A -- Employees with one through three years of service in the Clearwater-Fire Department. 2. Group B -- Employees with four through six years of service in the Clearwater Fire Department. 3. Group C -- Employees with seven through nine years of service in the Clearwater Fire Department. 4. Group D -- Employees with 10 through 12 years of service in the Clearwater Fire Department. 5. Group E -- Employees with 13 through 15 years of service in the Clearwater Fire Department. 6. Group F -- Employees with 16 through 18 years of service in the Clearwater Fire Department. 7. Group G -- Employees with 19 or more years of service in the Clearwater Fire Department. All employees in Group A must be laid off before any employees listed in Group B; all employees in Group B must be laid off before any employees listed in Group C; etc. Within each group, employees shall be ranked by management and employees laid off by the rank order established. Management rating of employees can be based upon performance evaluations by management of the preceding 3-year period (if available), disciplinary actions, and physical ability to perform the job. When other qualifications are substantially equal, Fire Department seniority will govern. Management will provide a list of the rank order within Groups prior to the layoff. 56 Section 3. No new employee shall be hired until the employee on layoff has been given an opportunity to return to work at his/her original seniority date and position; provided, that after one year of layoff the employee shall cease to accrue seniority and that such reemployment rights shall cease after two years from the date of layoff. Section 4. The Fire Chief shall give written notice to the Human Resources Director and to the affected employee(s) including the President of the Union, on any such proposed layoff. Such notice shall state the reason thereof and shall be submitted 30 days before the effective date of proposed layoff. ARTICLE 15 DURATION, MODIFICATION, AND TERMINATION Section 1. Amendments This Agreement may be amended at any time by the mutual written consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed or ratified as required by each party hereto. Section 2. Severability and Waiver A. In the event that any clause or clauses in this Agreement shall be finally determined to be in violation of any law, such clause or clauses only shall be deemed of no force and effect and unenforceable, without impairing the validity and enforceability of the rest of the contract, including any and all provisions in the remainder of any clause, sentence or paragraph in which the offending language may appear. B. The exercise or non-exercise by the City or the Union of the rights covered by this Agreement shall not be deemed to waive any such right or the right to exercise them in some other way in the future. C. In the event of invalidation of any article or section, both the City and the Union agree to meet within 30 days of such determination for the purpose of arriving at a mutually satisfactory replacement for such articles or sections. 57 Section 3. Duration This Agreement shall be effective as of October 1, 2021, and shall continue in full force and effect until September 30, 2024, At least 120 days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one year, and each year thereafter absent notification. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of , 2022. ATTEST: CITY OF CLEARWATER, FLORIDA Rosemarie Call, City Clerk Jon Jennings, City Manager Approved as to form Countersigned: David Margolis, City Attorney Frank Hibbard, Mayor INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, Local 1158 WITNESSES: David Sowers, President, Local 1158 AGREEMENT Between CITY OF CLEARWATER and INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO Local 1158 FISCAL YEARS 2021-20222018 – 2019 2022-20232019 – 2020 2023-20242020 – 2021 Our Mission is to work cooperatively with labor and management to provide cost effective, top quality Emergency services while ensuring and improving the safety and benefits for our Members i Page No. Table of Contents ........................................................................................................................ i-iv Preamble ............................................................................................................................1 ARTICLE 1 Recognition and General Provisions ..............................................................1 Section 1 Exclusive Bargaining Agent ..............................................................................1 Section 2 New Classifications ...........................................................................................1 Section 3 Contract Constitutes Entire Agreement .............................................................1 ARTICLE 2 Representatives of Parties ...............................................................................2 ARTICLE 3 Rights of Parties ........................................................................................... 2-4 Section 1 Management Rights ...........................................................................................2 Section 2 Emergency Conditions .......................................................................................2 Section 3 Union Rights ......................................................................................................3 Stewards .............................................................................................................3 Checkoff .............................................................................................................3 Posting of Agreement ........................................................................................3 Bulletin Boards ..................................................................................................3 Employee Orientation ........................................................................................4 Section 4 No Discrimination ..............................................................................................4 ARTICLE 4 No Strike ...........................................................................................................4 ARTICLE 5 Labor-Management Cooperation ............................................................... 4-5 ARTICLE 6 Grievance Procedure ................................................................................... 5-7 Section 1 Definition ...........................................................................................................5 Section 2 Filing Procedures ...............................................................................................5 Section 3 Arbitration ...................................................................................................... 6-7 Section 4 Grievance Initiated by the City ..........................................................................7 Section 5 Time Limit Exceptions ......................................................................................7 Section 6 Grievance Initiated by Employee .......................................................................7 ARTICLE 7 Personnel Practices .................................................................................... 8-28 Section 1 Work Schedule ...................................................................................................8 Section 2 Assignments .......................................................................................................9 Section 3 Extra Pay Assignment .................................................................................. 9-13 Section 4 Exchange of Duty Time (Swaps) .....................................................................13 ii ARTICLE 7 Personnel Practices (cont.) Page No. Section 5 Call-In, Holdover, and Court Time ..................................................................14 Section 6 Daylight Savings Time ....................................................................................15 Section 7 State EOC/FEMA Deployment........................................................................15 Section 8 Pay Plan Administration ............................................................................ 15-17 Promotions .......................................................................................................15 Demotions ........................................................................................................16 Acting Pay ........................................................................................................16 Fair Labor Standards Exemption .....................................................................17 Section 9 Promotional Process.........................................................................................17 Announcements................................................................................................17 Eligibility .........................................................................................................17 Disqualification of Applicants ................................................................... 17-18 Scope and Character of Evaluation Process.....................................................18 Notification of Results .....................................................................................18 Appeals from Ratings ......................................................................................19 Section 10 Open and Promotional Eligibility Lists ...........................................................19 Section 11 Appointments ...................................................................................................19 Section 12 Probation ..........................................................................................................20 Section 13 Light Duty .................................................................................................. 20-21 Section 14 Line-of-Duty Injury Pay ............................................................................ 21-22 Section 15 EMS Classifications ................................................................................... 22-24 Section 16 Firefighter/Driver-Operator ....................................................................... 24-25 Section 17 Work Rules and Prevailing Rights ...................................................................25 Section 18 Subcontracting .................................................................................................25 Section 19 Indemnification ................................................................................................25 Section 20 Sports Activities On Duty ................................................................................26 Section 21 Lawn Maintenance ...........................................................................................26 Section 22 Physical Examination................................................................................. 26-27 Frequency of Physicals ....................................................................................26 Types of Exams................................................................................................26 Immunizations and Inoculations ......................................................................26 iii ARTICLE 7 Personnel Practices (cont.) Page No. Sect 22 (cont) Physical Fitness ................................................................................................26 Department Physician ......................................................................................27 Wellness Re-Opener ........................................................................................27 Section 23 Employee Fitness & Wellness Incentive .........................................................27 Section 24 Residency Requirement ...................................................................................28 Section 25 Tobacco Product Usage ...................................................................................28 ARTICLE 8 Leaves of Absence .................................................................................... 28-43 Section 1 Holidays ...........................................................................................................28 Observed Holidays ...........................................................................................28 Floating Holidays ....................................................................................... 28-29 Selection of Floating Holidays.........................................................................29 Payment for Floating Holidays ........................................................................29 Conversion of Floating Holidays to Personal Leave .......................................29 Section 2 Vacations.................................................................................................... 30-35 Accrual of Vacation Leave ........................................................................ 30-32 Use of Vacation Leave ............................................................................... 32-34 Accrual During Military Leave ........................................................................34 Conversion to Other Leave ..............................................................................34 Payment for Unused Vacation ................................................................... 34-35 Banking of Vacation ........................................................................................35 Section 3 Sick Leave .................................................................................................. 35-39 Accrual of Sick Leave ................................................................................ 35-36 Payment for Unused Sick Leave ................................................................ 37-38 Sick Leave Incentive Program .........................................................................38 Sick Leave Pool ......................................................................................... 38-39 Section 4 Funeral Leave...................................................................................................39 Section 5 Absence Without Leave ...................................................................................40 Section 6 Time Off From Duty .................................................................................. 40-41 Section 7 Right to Contribute Work ................................................................................41 Section 8 Military Leave ............................................................................................ 41-43 iv ARTICLE 9 Wages and Compensation ....................................................................... 43-50 Section 1 Pay Schedule ....................................................................................................43 Section 2 Pay Schedule Format .......................................................................................44 Section 3 Merit Pay Review ............................................................................................44 Section 4 Rates of Pay ............................................................................................... 44-45 Section 5 Annual Personal Resource Allowance .............................................................45 Section 6 Mileage Reimbursement ..................................................................................45 Section 7 Special Teams ............................................................................................ 45-46 Section 8 EMS Wages ............................................................................................... 46-47 Section 9 Training and Tuition Refund ..................................................................... 47-48 Section 10 Clothing and Equipment ............................................................................ 48-49 Section 11 Standby ............................................................................................................50 Section 12 Paycheck Issuance ...........................................................................................50 ARTICLE 10 Insurance ........................................................................................................51 ARTICLE 11 Performance and Discipline ..........................................................................52 ARTICLE 12 Drug and Alcohol Policy ................................................................................52 ARTICLE 13 Retirement ......................................................................................................53 ARTICLE 14 Seniority, Layoff, and Recall................................................................... 53-56 Section 1 Seniority ..................................................................................................... 53-54 Section 2 Layoffs .............................................................................................................55 Section 3 Reemployment Rights ......................................................................................55 Section 4 30-Day Notification .........................................................................................56 ARTICLE 15 Duration, Modification, and Termination ............................................. 56-57 Section 1 Amendments ....................................................................................................56 Section 2 Severability and Waiver ...................................................................................56 Section 3 Duration ...........................................................................................................57 Signature Page .......................................................................................................................57 1 PREAMBLE This Agreement is entered into by the City of Clearwater, Florida, hereinafter referred to as the "City," and Local 1158 of the International Association of Fire Fighters, AFL-CIO, hereinafter referred to as the "Union". The Agreement has been negotiated in good faith for the purpose of promoting harmonious relations, establishing an orderly and peaceful procedure to settle differences which might arise, and setting forth the basic and full agreement between the parties concerning wages, rates of pay, hours of work, and all other terms and conditions of employment. ARTICLE 1 RECOGNITION AND GENERAL PROVISIONS Section 1. Exclusive Bargaining Agent The City recognizes the Union as the exclusive bargaining representative in accordance with Chapter 447, Florida Statutes, as amended, for all employees in the bargaining unit defined by the Public Employees Relations Commission and issued Certification number 122 in Case No. SH-RA-756-1129 dated September 3, 1975. All persons in the classifications designated Firefighter, Firefighter/Driver-Operator, Fire Medic, Fire Lieutenant, Fire Medic Lieutenant, Fire Inspector I, Fire Inspector II, and Fire Prevention Inspector shall be included in the bargaining unit. All others shall be excluded. Any incumbent of the Fire Prevention Inspector job classification as of the effective date of this Agreement shall be permitted to maintain such job classification designation. There shall be no further bargaining unit members allocated to the Fire Prevention Inspector job classification after the effective date of this Agreement. Section 2. New Classifications Should the City and the Union agree to establish new job classifications within the Fire Department which may be in the bargaining unit, the City shall provide notice to the Union not less than 30 days prior to staffing such classification. The parties shall submit a Unit Clarification Petition to the Public Employees Relations Commission and shall negotiate appropriate wage rates, hours, and terms and conditions of employment for such classification. Section 3. Contract Constitutes Entire Agreement of the Parties This Agreement contains the entire contract, understanding, undertaking, and agreement of the parties hereto, and finally determines and settles all matters of collective bargaining for and during its term, except regarding the City's Pension Plan and as may be otherwise specifically provided herein. The parties agree to bargain separately proposed changes in the City's Pension Plan that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. 2 ARTICLE 2 REPRESENTATIVES OF PARTIES Section 1. The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in matters requiring mutual consent or other official action called for by this Agreement. Authorized representatives shall be defined as the elected Officers of the Union and duly elected or appointed stewards. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this agreement, and any change in elected Officers or appointed stewards shall be provided by the Union to the Office of the Fire Chief within 72 hours of the change. Section 2. The Union likewise agrees that during the term of this Agreement the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action. The Union specifically agrees that neither the Union nor the employees covered hereunder shall seek to involve the City's elected officials in the administration of this Agreement or otherwise in the operation of the City's Fire Department; provided that nothing contained herein shall restrict an employee's opportunity to present non-employment related matters to such elected officials. ARTICLE 3 RIGHTS OF PARTIES Section 1. Management Rights Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, whether exercised or not, including, but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operations, functions or services, in whole or in part; to transfer its operations, functions or services from or to, either in whole or in part, any of its departments or other divisions; to select and direct the working force in accordance with requirements determined by the City; to create, modify or discontinue job classifications; to establish and change working rules and regulations; to establish and change work schedules and assignments; to transfer, promote or demote employees; to lay off, furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees for proper cause; to alter or vary past practices and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and/or services. Section 2. Emergency Conditions If in the sole discretion of the City Manager or Mayor it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar catastrophes or disorders, the provisions of this Agreement may be suspended by the City Manager or Mayor during the term of the declared emergency provided that wage rates and other direct monetary payments shall not be suspended. 3 Section 3. Union Rights A. Stewards: There shall be one (1) Union Official or designee for all bargaining unit members on each shift for line personnel and one additional Union Official or designee for Fire Prevention personnel. An employee working on duty shall be represented by the respective (line or inspection) "on-duty" representative or other union official. An employee having a grievance shall have the right to take the matter up with his/her Shift Steward or other Union Officer during working time, provided that neither the employee nor the Shift Steward may leave their assigned Fire Station or work area outside a Fire Station without prior permission of the Fire Chief or his/her specifically designated representative, and, provided further, that the employee and the Union Official shall not interfere with the normal operations of the Department. It shall be the employee's responsibility to obtain a representative when the Fire Chief or his/her designee determines that the on- duty representative cannot be made available due to operational demands. All members of the bargaining unit may wear the I.A.F.F. pin on their uniforms. B. Checkoff: The City shall deduct and provide to the Union on a biweekly basis dues and uniform assessments owed by the employee to the Union in an amount certified to be correct by the Union Secretary-Treasurer. Prior to such deduction. the Union shall provide the City with a signed statement from each employee authorizing such deduction in a form satisfactory to the City. Any authorization for dues deduction may be canceled by the employee upon 30 days written notice to the City and the Union. The Union shall indemnify, defend and hold the City, its officers, officials, agents, and employees harmless against any claim, demand, suit, or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents, and employees correctly complying with this Section. The Union shall promptly refund to the City any funds received in accordance with this Agreement which are in excess of the amount of basic and uniform membership dues which the City has agreed to deduct. Nothing contained herein shall require the City to deduct from a salary or be otherwise involved in the collection of Union fines, penalties or special assessments. In the event an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or other standard deductions, are not sufficient to cover dues it will be the responsibility of the Union to collect its dues for that pay period from the employee. C. Posting of Agreement: In accordance with the City’s Greenprint Sustainability Plan, Tthe City and the Union agree that this Agreement shall be posted by the City on the City’s Launchpad and Website.in a conspicuous place at each Fire Station. Further, the City agrees that it will print the required amount of copies, no later than 75 days after such Agreement has been ratified by all concerned parties, and distribute same to the Union. The Union agrees, within 30 days after receipt of copies of this Agreement, to supply individual copies of this Agreement to each current member of the bargaining unit and thereafter to provide an individual copy to each new bargaining unit member within 30 days of their becoming a bargaining unit member or allow the City to retain copies to provide at new employee orientation. The City and the Union shall each bear one-half of the cost of production of the copies of the Agreement, the number of which shall be mutually agreed upon prior to printing. The City and the Union shall agree on 4 the format. D. Bulletin Boards: The City agrees to provide a 2 feet x 4 feet space on bulletin boards at each Fire Station for posting by the Union of notices of meetings or other official Union information; provided, the Fire District Commander Assistant Chief or his/her designee shall first review such posting, and if found to be outside of the scope of this Section, such posting shall be modified to the mutual agreement of the parties. The Fire District CommanderAssistant Chief will continue to include the Union notices in the intra- departmental mail which he/she delivers to the stations. E. Employee Orientation: 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 4. No Discrimination TheTue City and the Union specifically agree that the provisions of this Agreement shall be equally applicable to all employees covered herein without regard to race, color, religion, sex, national origin, membership or non-membership in labor organization, sexual orientation, or age, as provided by law. Any claim of discrimination under Federal or State civil rights laws by an employee against the City, its officers or representatives shall not be grievable or arbitrable under the provisions of Article 6 but shall be subject only to the method of review prescribed by law. Nothing herein contained shall preclude the right of an employee to grieve and arbitrate disciplinary action taken by the City, except as otherwise herein provided. ARTICLE 4 NO STRIKE Section 1. The Union agrees that during the term of this Agreement, it shall not authorize, instigate, condone, excuse, ratify or support any strike, slowdown, sit-down, work stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by members of the Union and/or employees represented by the Union or other agents or representatives of the Union. Tue parties specifically incorporate herein the provisions of FS. 447.505, 447.507 and 447.509. Section 2. Should the Union or employees covered by this Agreement within the City's Fire Department breach this Article, the City may then proceed against the Union as covered in FS 447 and such sections of state and federal law that may apply. The City would also be entitled to obtain an injunction with notice at ex-parte hearing for breach of this Article. Section 3. Should any member of the bargaining unit be found guilty of striking as defined in Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly agreed that such violation constitutes just cause for dismissal. 5 ARTICLE 5 LABOR-MANAGEMENT COOPERATION A. The City and Union agree to maintain a cooperative Labor/Management committee for the IAFF Local 1158 bargaining units. Tue committee shall consist of an equal number of members of each party not to exceed a total of eight (8) members. It is understood that this committee in no way is a substitute for the grievance procedure or the right of collective bargaining but has been established for the purpose of discussion and input from both sides on matters that may be mutually resolved by the parties or may eventually become items of collective bargaining, grievances, or litigation. The Labor/Management Committee will meet quarterly or as deemed necessary by the Committee. Either side may cancel a meeting with 24-hours notice. A cancelled meeting may be rescheduled with mutual consent. Tue Committee will draft bylaws addressing administrative protocols. Adoption and any changes to bylaws shall require a simple majority vote among all members of the Committee. B. Department Safety Committee 1. Authority. The Clearwater Fire and Rescue Occupational Health and Safety Committee shall be established in accordance with the direction as outlined in Florida Stature 633.810, "Workplace safety committees and safety coordinators." 2. Membership. The committee shall be made up of an equal number of bargaining unit members to be appointed by the Union and Fire Department management staff officers to be appointed by the Fire Chief or his/her designee, not to exceed a total of eight members. 3. Workplace Safety Coordinator. A Clearwater Fire and Rescue Chief Officer shall be designated as the department Workplace Safety Coordinator for the purpose of chairing the committee and providing administrative support. 4. Meetings. Upon approval of this agreement by the City Council, the committee shall meet within thirty calendar days thereafter to establish those duties and procedures as outlined in, but not limited to, Florida Statute 633.810, and as approved by the Fire Chief or his/her designee. ARTICLE 6 GRIEVANCE PROCEDURE Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement, including Civil Service Rules and Regulations, except as exclusions are noted in other articles of this Agreement. The grieving party must state in writing the remedy sought to resolve the grievance. Section 2. All grievances filed shall be submitted on the appropriate form (City form #9900-0061, IAFF Grievance Form), and shall refer to the specific Article and section of this Agreement or Civil Service Rules and Regulations upon which the grievance is based, and shall contain a concise written statement of the facts alleged to support the grievance, and shall be signed by the grievant or representative. A Grievant may 6 be accompanied by a representative of the Union at any time during the Grievance Procedure. Newly hired probationary employees shall not have access to the Grievance Procedure for any matter of discipline (including discharge), assignments, scheduling, or access to training opportunities during the probationary period. Any grievance by a permanent employee relating to suspension or dismissal shall be initiated at Step 2. A grievant is prohibited by law from filing an appeal with the Civil Service Board once a grievance is filed. This shall specifically include grievances relating to suspensions, demotions, and dismissals. Grievances may be filed and processed by the Union except grievances of discipline that must be initiated by the disciplined employee. As used in this Article, the term "employee" may also mean a group of employees having the same grievance. In such event, one employee shall be designated by the group of employees to act as a spokesperson and shall be responsible for processing the grievance. All employees in the group shall be identified, however only the spokesperson needs to sign the grievance. For purposes of this Grievance Procedure, normal working hours shall be considered 8:00 a.m. to 5:00 p.m. and normal workdays shall be considered Monday through Friday, holidays excepted. STEP l The grievant shall present his/her grievance in writing to his/her Fire District CommanderAssistant Chief or Fire Marshal within 3010 work days after the grievant has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. The Fire District CommanderAssistant Chief or Fire Marshal shall arrange for a meeting with the grievant within 10 work days of receipt of the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The Fire District CommanderAssistant Chief or Fire Marshal shall review the grievance and submit a decision in writing to the grievant within 3010 work days from the date of the meeting. If the grievance is not resolved at Step 1, the grievance may be appealed to Step 2. STEP 2 If the grievance is not settled at the first step, the grievant shall, within 3010 work days of the date of written notification from the Fire District CommanderAssistant Chief or Fire Marshal, present the written grievance to the Fire Chief or his/her designee. The Fire Chief or his/her designee shall obtain the facts concerning the alleged grievance and shall, within 10 work days following receipt of the written grievance, meet with the grievant. The Fire Chief or his/her designee shall review the grievance and notify the grievant of his/her decision in writing not later than 3010 work days following the meeting day. If the grievance is not resolved at Step 2, the grievance may be appealed to Step 3. STEP 3 If still unresolved, the grievance may be submitted to the City Manager or his/her designee within 3010 work days of the date of written notification from the Fire Chief or his/her designee. At the request of the grievant, the City Manager or his/her designee shall meet with the grievant. The grievant must make this request to meet with the City Manager at the time of submission of the grievance to the City Manager or designee. If so requested, the City Manager or designee shall arrange a meeting with the grievant within 3010 work days of the request. The City may determine who shall meet with the employee. Within 3010 work days of the meeting, 7 the City Manager or his/her designee shall notify the employee, in writing, of his/her decision. If no meeting is requested by the grievant at the time of submission of the grievance to the City Manager or designee, the City Manager or designee shall notify the employee of his/her decision in writing within 3010 work days of receipt of the grievance. If a grievance is not submitted to the City Manager or his/her designee, it shall be deemed to have been resolved at Step 2 to the grievant’s satisfaction. The City shall notify the Union in writing of any change in the City Manager's designee for the receipt or hearing of grievances. Section 3. In the event that the grievance is still unresolved, the matter may be submitted to final and binding arbitration as provided in this section. · A. Within 3010 work days of the decision of the City Manager, the aggrieved party shall notify the City Manager of his/her intent to arbitrate. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of seven names of qualified arbitrators. After the receipt of such a list, representatives of the parties shall meet and each party shall strike three names. A flip of the coin shall determine who shall strike the first name, and then the other party shall strike a name. The process shall then be repeated until one name remains and the remaining name shall be the arbitrator selected and notified of his/her selection as arbitrator. As promptly as can be arranged, the arbitration hearing shall be held. Each party shall pay its own expense for its representative, counsel and witnesses. The charges of the arbitrator shall be shared equally by the City and the aggrieved party. The decision of the arbitrator shall be final and binding on both parties, except that either party may seek review as provided by law. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of this Agreement. B. Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of this Agreement shall be furnished to both parties within 30 calendar days from the close of the hearing or as otherwise agreed to by both parties. Section 4. Formal Processing of Grievance Initiated By The City Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the unit representative on an informal basis, the grievance may be formally filed in writing by the City Manager or his/her designee by giving written notice to the business agent of the Union. Such notice shall indicate the provision(s) of the Agreement which the City contends is/are not properly being carried out by the Union. If not resolved within 3010 work days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 3 of this Article. Section 5. All of the time limits contained in this Article may be extended by mutual written consent of the parties. If the 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. Section 6. If an employee chooses to process his/her own grievance, the Union must be invited to attend any meeting where the resolution of the grievance may occur. FS 447.301(4). 8 ARTICLE 7 PERSONNEL PRACTICES Section 1. Work Schedule A. Hours and Days of Work: Shifts shall start at 8:00 A.M. each work day and end at 8:00 AM. the following morning. Total: 24 hours. Coverage shall consist of three shifts: "A", "B", and "C", which will work in the following rotation (see sample monthly work schedule below): Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 work 2 off 3 work 4 off 5 work 6 off 7 off 8 off 9 off 10 work 11 off 12 work 13 off 14 work 15 off 16 off 17 off 18 off 19 work 20 off 21 work 22 off 23 work 24 off 25 off 26 off 27 off 28 work 29 off 30 work, etc. B. Inspection Division: Fire Inspectors will work in shifts of 8:00 A.M. to 4:30 P.M. and 7:30 AM. to 4:00 P.M., Monday through Friday, with a 30-minute lunch break for each inspector. The Chief reserves the right to assign the necessary personnel to each shift which, in his/her judgment, provides for most effective departmental operations. C. Kelly Days: 1. Employees will be awarded a Kelly Day after every 18 days worked. This means they will be scheduled to work 18 consecutive shift days and will be scheduled off the 19th scheduled shift day. This will result in a 53.0526 hour average work week. 2. Kelly Day rotations for each position will be determined by the Department. Individual employees Kelly Day rotations will not be changed except when an employee changes job classification or shift. It is understood that when an employee changes job classification or shift, he/she will be assigned to the Kelly Day rotation for the position being filled. Employees may exchange Kelly Days in accordance with the procedures for exchanges of on-duty time as set forth in Article 7, Section 4 of this Agreement. A Kelly Day may be exchanged only one time between two employees, and once exchanged may not be exchanged again thereafter with another employee 3. When a Kelly Day occurs within a block of days that have been selected by an employee for vacation, the Kelly Day shall not be counted against the employee's vacation leave accrual balance and the vacation leave hours may be used toward a single vacation day request instead. The single vacation day in such case may be submitted during the vacation pick process after the two rounds of vacation "block" selections and before the selection of any "bonus" days, floating holidays, or sick leave incentive days. The single vacation day may also be submitted at any time during the year, subject to availability and the operational demands of the Department, in accordance with Article 8, Section 2, B 7. of this Agreement. 9 Section 2. Assignments A. New and existing employees may be reassigned for Light Duty, training, out-of-area deployments, or voluntary special project opportunities. Employees shall continue to be paid their standard biweekly pay during such assignments. All hours actually worked during such assignments shall be counted toward the calculation of overtime at the end of the established FLSA cycle in accordance with Article 7, Section 8, D. B. Additional work hours assigned through the Mandatory list and Relief list for staffing of response units (seat pay), and for staffing of special events units, shall be paid at the overtime rate as defined in Article 9 Section 4. All other hours worked shall be compensated in accordance with the Federal Fair Labor Standards Act. Section 3. Extra Pay Assignments Department policy may require the scheduling of Extra Pay and/or mandatory Holdover assignments. The department shall attempt to equalize Extra Pay and mandatory Holdover to the extent practicable. The selection of certified and/or individuals who possess specialty qualification(s) may be required and shall be allowed. The Fire Chief shall determine the method(s) for administering Extra Pay and mandatory Holdover provided that methods used shall be in compliance with the requirements herein. Extra Pay and mandatory Holdover administration shall be coordinated at the Fire District CommanderAssistant Chief level except as otherwise assigned by the Fire Chief or his/her designee. Upon ratification of this agreement, the department shall have up to 90 days to implement the methodology for Extra Pay and mandatory Holdover administration contained herein. During the implementation period, all practices and procedures currently in effect shall be maintained. Extra Pay work shall be defined as that time worked by an employee in addition to the employees regularly scheduled hours where the employee is assigned through the TeleStaff Sign-up list and Mandatory Holdover list for staffing of response units (seat pay; for staffing of special events units, and shall be compensated at the overtime rate as defined in Article 9 Section 4. All other hours worked shall be compensated in accordance with the Federal Fair Labor Standards Act. A. Extra Pay Signup 1. Employees shall be responsible for signing up for Extra Pay eligibility on the specific days they elect to work Extra Pay. Employees may sign up to work only from 0800-2000; or only from 2000-0800; or both time periods. Employees may modify their sign-up to include a specific time- frame. Employees will only be considered for Extra Pay vacancies that span the time frame included in the sign-up. Sign-up access shall be available at each fire station, through the TeleStaff program. 2. Personnel may sign-up, or remove a sign-up, at any time prior to the filling of Extra Pay vacancies. The department may begin filling Extra Pay vacancies as the vacancies become known Extra Pay Vacancies in a three-shift work cycle ("Trick") may be filled anytime after the start of the three- shift work cycle that immediately precedes the work cycle where the vacancies exist. 3. Personnel shall be responsible for maintaining their Extra Pay contact numbers in a manner so that an employee can be contacted. 10 B. Extra Pay Credits 1. Employees shall be assigned credits hour for hour based on the Extra Pay hours worked in a regular shift assignment. 2. Employees who sign-up for Extra Pay and then refuse an Extra Pay offer when contacted between 07:00 and 08:00 hours on the morning where the Extra Pay vacancy occurs, shall be assigned credits equaling the number of hours of the Extra Pay vacancy. No credits shall be added for a refusal after 08:00 hours. No credits shall be added for refusal of shifts less than 12 hours. Inability to contact an employee who has signed up for Extra Pay shall not be cause for adding credits. 3. New employees shall be eligible for Extra Pay assignment after six months of continuous service. These employees shall be assigned a number of credits equal to the average accumulated by all employees in the same classification at that time. 4. Extra Pay credits shall not be carried over from year to year and shall be zeroed out effective January 1 of each year. Initial Extra Pay assignments at the start of each year shall be made on the basis of Department seniority among employees in the same classification. Should two or more employees have the same seniority they shall initially be arranged on the list alphabetically by last name. 5. The department shall maintain overtime credit lists as referenced in the various sections of this article. In addition, the department shall maintain a master Credits list to include all personnel from all shifts, which shall include all types of Extra Pay work. The credit lists shall be used to equalize Extra Pay to the best extent possible. All lists maintained by the Department are maintained in the TeleStaff Program, which is available to all users shall be made available to the Union upon request. C. Shift Extra Pay Selection Procedures 1. The Fire District CommanderAssistant Chief shall be responsible for the assignment of on-duty personnel to provide adequate staffing according to the Department's minimum staffing requirements. Employee's who are on current promotion eligibility lists or who are placed on established "Acting" eligibility lists upon meeting the minimum qualifications and having been deemed qualified by the Department for the necessary classification shall be transferred, assigned laterally, or utilized in an Acting capacity prior to the scheduling of Extra Pay. However, if an employee has taken the most recent promotional exam for that position and not passed, they shall not be deemed as meeting qualifications. Employees shall be chosen who will result in the least amount of disruption to operations. The Department will attempt to equalize acting opportunities among eligible employees to the extent practicable. When the number of on-duty personnel is sufficient to provide coverage to meet the Department's minimum staffing requirements, no assignment of an individual to an Acting capacity shall occur if it will result in the necessity of Extra Pay. 2. When the Department determines that a operational vacancy requires Extra Pay, the Fire District CommanderAssistant Chief shall initiate procedures to offer the Extra Pay assignment to personnel who are signed up for the that vacancy period. When the Extra Pay vacancy is filled greater than 12 hours prior to the start of the shift where the vacancy exists, Extra Pay offers shall be made in the following order: a. Qualified personnel who hold the same classification as the position necessitating the Extra Pay; sorted by least number of credits; then department seniority; then alphabetical order of surname. b. Qualified personnel who are deemed qualified to act either up or down in the position necessitating the Extra Pay; sorted by least number of credits; then department seniority; 11 then alphabetically by last name. 3. If none of the employees who hold the same classification as the Extra Pay vacancy (paragraphs 2a, above) accept the Extra Pay offer, the Fire District CommanderAssistant Chief shall have the option to fill that vacancy with on-duty personnel who are deemed qualified to act in that position, and then backfill the resulting vacancy. The Department shall not be obligated to fill the vacancy with an employee who signs-up after this option is implemented. Employees who have failed the most recent promotional exam for the position on shall not be deemed qualified to act in that position. 4. When an Extra Pay vacancy occurs following 1700 hours on the previous shift (same shift-label as the vacancy); the Fire District CommanderAssistant Chief shall be permitted to fill the Extra Pay at the level of classification of that vacancy. 5. When a vacancy occurs on short-notice and affects operations by placing apparatus below minimum staffing levels, the Fire District CommanderAssistant Chief may fill the vacancy in the most expeditious manner available at that time, in the manner as close to the regular established procedures (in paragraph C.2. above) as possible. 6. If an employee cancels leave that had created a vacancy, the Extra Pay employees who were selected to fill that vacancy may be cancelled regardless of credits or seniority. There will be no credits assigned to employees who are cancelled. 7. Short-term Extra Pay vacancies created by travel between stations and other short duration events that occur at shift change will be filled by the employee from the previous shift that is in the position creating the vacancy. That employee may arrange for another employee to holdover, subject to approval by the applicable Fire District CommanderAssistant Chief. D. Mandatory Holdover Extra Pay 1. The Mandatory Holdover Extra Pay procedures will be utilized by the Department when vacancies cannot be staffed with Shift Extra Pay Selection procedures (Para C. above); however, Mandatory Holdover Extra pay shall not be applied until the shift before the Extra Pay vacancy will occur. Mandatory Holdover Extra Pay assignments will be rotated among all employees in accordance with the employee's respective job classification and shift. Employee names will be initially arranged at the first of each year on the Mandatory Extra Pay list by job classification in the order of least senior to most senior. 2. Mandatory Holdover Extra Pay assignments will not exceed 12 hours in duration. Start and end times will be determined by the Fire District CommanderAssistant Chief. 3. When the need to utilize Mandatory Holdover Extra Pay arises, the Fire District CommanderAssistant Chief will first use the Mandatory Holdover Extra Pay list from the shift working the day previous to the Holdover Extra Pay vacancy. Employees shall be chosen from the same classification as the vacancy creating the Holdover. Exceptions to the same-classification clause may be made when a vacancy requires a specialty that cannot be fulfilled using same-classification. 3. The list will be utilized in descending order using the first employee in that classification that is qualified to fill the position creating the vacancy. Employees not present at shift change due to approved leave will be bypassed and their position on the list will remain the same. 4. An employee selected for Mandatory Holdover Extra Pay assignment will have the opportunity to arrange for a substitute to fill the assignment. The substitute must be approved by the applicable Fire District CommanderAssistant Chief. The employee who was initially assigned Mandatory Holdover Extra Pay shall not be relieved of duty until approval for the substitution is issued by the Fire District CommanderAssistant Chief. When an approved substitute fulfils the Mandatory Holdover Extra Pay assignment, the employee initially subject to the assignment will be moved to the bottom of the list and the position of the substitute employee will remain unchanged on the list. 12 5. An employee who will not be present at their next-shift start time due to scheduled approved leave will not be subject to assignment from the Mandatory Holdover Extra Pay list from the end of his/her last shift immediately preceding the leave, until the start of his/her first shift immediately following the leave, and the next applicable employee on the list will be selected instead. When an employee is bypassed for a Mandatory Holdover Extra Pay based on this exemption, they shall maintain their current position on the Mandatory Extra Pay list. 6. Failing all of the above, the Fire District CommanderAssistant Chief will contact the Fire Division Chief to determine the appropriate course of action. Until the appropriate course of action is determined, apparatus will remain in service utilizing the employee who is currently in the position creating the vacancy. E. Special Event Extra Pay 1. The Department will provide notification of Special Event Extra Pay opportunities to all members of the bargaining unit. Notification will include the type and location of the event, the anticipated start and end times of the event, the number of personnel, respective job classifications and specialties needed, and deadline to respond. Employees may signup, or remove a signup, for special event Extra Pay up to the point that the Extra Pay is assigned which may occur anytime after the published deadline. 2. The selection of certified and/or individuals who possess specialty qualification(s) may be required and shall be allowed. Special Event Extra Pay offers shall be made in the following order: a. Qualified personnel who hold the same classification as the position necessitating the Extra Pay sorted by least number of credits; then department seniority; then alphabetically by last name. b. Qualified personnel who are deemed qualified to act either up or down in the position necessitating the Extra Pay sorted by least number of credits; then department seniority; then alphabetically by last name. However, if an employee has taken the most recent promotional exam for that position and not passed, they shall not be deemed as meeting qualifications. 3. If none of the employees who hold the same classification as the Extra Pay vacancy (paragraphs 2a, above) accept the Extra Pay offer, the Fire District CommanderAssistant Chief shall have the option to fill the special event vacancy with on-duty personnel who are deemed qualified for that position, and then backfill the resulting shift vacancy. 4. Employees shall be assigned credits hour for hour based on the Extra Pay hours worked in a special event assignment. Credits shall be applied to the same credit "bucket" as shift Extra Pay credits. 5. When there are an insufficient number of employees available from the special event Extra Pay sign-up list, mandatory assignment may be utilized in accordance with the procedures described in paragraph D above. If the vacancies cannot be filled with personnel from the shift prior to the Special Event, the mandatory list for the shift on four-days off may be utilized subject to the provisions of paragraph D. 6. Employees who are signed up for a special event assignment and subsequently refuse that assignment will be assigned credits equaling the number of hours of the event refused. 7. New employees shall be eligible for special event Extra Pay after six months of continuous service. These employees shall be assigned a number of credits equal to the average accumulated by all employees in the same classification at that time. 8. Extra Pay credits shall not be carried over from year to year and shall be zeroed out effective January 1 of each year. Initial special event Extra Pay assignment each year shall be made on the basis of Department seniority among employees in the same classification. 13 F. Emergency Conditions Extra Pay When the Fire Chief determines that a state of emergency does or may exist, including, but not limited to natural or manmade disaster, civil disturbance, or other situation necessitating increased staffing for operational effectiveness, the procedures listed above may be bypassed during the state of emergency and staffing will be established according to operational needs. However, compensation for Extra Pay assignments shall still be in effect. Section 4. Exchange of Duty Time Employees within the Department may exchange on-duty time upon the following conditions: A. That the employee filling in be acceptable to the applicable Fire District CommanderAssistant Chief prior to the change. With the approval of the applicable Fire District CommanderAssistant Chief, Fire Medic Lieutenants and Acting Fire Medic Lieutenant - qualified Fire Lieutenants shall be permitted to exchange on-duty time. B. That the employees desiring the exchange notify the company officer of the anticipated change not less than 24 hours prior to the start of the anticipated changed unless such exchange arises under emergency situations. C. That no employee may be allowed to exchange more than 192 hours (8 days) per fiscal year. Additional Exchange of Duty Time hours may be granted by the Fire Chief or his/her designee. Each time an employee is permitted to allow another employee to work in his/her place in accordance with this exchange provision, the number of hours to be exchanged will be counted toward the established limit only for the employee who has been permitted to allow another employee to work in his/her place. D. That the employee working the time will be covered by all applicable benefits in case of injury while filling in, but will not receive pay for this period. E. If the employee agreeing to loan or fill in time is sick or fails to appear for the exchange, his/her appropriate leave account or pay will be charged. F. The employee agreeing to fill in for another member is obligated to remain on duty in the absence of the person with whom the exchange is made. G. Notwithstanding any provision to the contrary above, the City shall not be required to allow an exchange if doing so would impose upon the City liability for any additional overtime compensation over what persons may otherwise be entitled to. Prior to discontinuing the exchange allowance for this reason the City shall notify the Union concerning the legal basis for the decision to do so. H. Time exchange is subject to a one hour minimum and at one-hour increments. Any premium of acting pay shall be in accordance with this Agreement and Departmental policy. I. Kelly Days may be exchanged between bargaining unit members in the same job classification only. An exception to this restriction may be made if the employees involved and department management all agree to the exchange. Kelly Day exchanges shall not count towards the 192 hours allotted for swaps in a year. 14 J. Bargaining unit members on a Kelly Day shall not be counted towards the total allotted number of employees allowed off for any given day. Section 5. Call-in/Holdover/Court Time A. When an employee is called in to work less than 48 hours prior to the start of his/her regularly scheduled shift to perform the duties and responsibilities of an established Fire Department job classification, he/she will be paid a minimum of four hours at the overtime rate of pay. The City may require the employee to remain on duty for the duration of the four-hour period or for as long as he/she is needed, at the option of the City. The procedures outlined in Article 7, Section 3 of this agreement shall be used to fill positions when a call-in is necessary. All hours actually worked during such call- in shall be counted toward the calculation of overtime at the end of the established FLSA cycle in accordance with Article 7, Section 8, D of this Agreement. B. When an employee is held over past the end of his/her regularly scheduled shift to perform the duties and responsibilities of an established Fire Department job classification, the time held over shall be paid at the overtime rate of pay and shall be counted as time worked toward the calculation of overtime at the end of the established FLSA cycle in accordance with Article 7, Section 8, D of this Agreement. The City may require the employee to remain on duty until a relief employee arrives, in order to maintain staffing levels when the absence of such employee or employees would result in the removal of a unit or units from service. The holdover provision above will be utilized only until the position can be filled by use of the overtime procedures outlined in Article 7, Section 3 of this Agreement. C. Any employee whose appearance is required in Circuit Court or County Court as the result of a matter arising out of the course of his/her employment, shall receive a minimum of two hours pay if such attendance is during the employee's off-duty hours. This time will be paid at the regular rate of pay and will be counted as hours worked toward the calculation of overtime. This same provision shall also apply when the employee is subpoenaed to appear at the State Attorney's Office, Public Defender's Office, or a private attorney's office, in a criminal case arising from the employee's course of employment. However, this provision shall not apply when an employee or the Union has brought an action against the City or any City official. D. Leave with pay will be granted for those hours spent by an employee on jury duty that fall during the employee's scheduled work hours only. The employee will notify his/her Fire District CommanderAssistant Chief immediately upon learning of selection for jury duty. Scheduled work hours that the employee is released from work with pay for jury duty shall not count as hours worked for the purpose of determining overtime. The employee may be required to provide evidence of jury duty service in order to receive compensation for such hours. E. Employees who participate in meetings or on committees at the request of the City shall have all such time counted as hours worked and shall be paid at their regular rate of pay. The holdover and call-in provisions as outlined in this Section shall not apply to time spent participating in meetings or on City committees. Section 6. Daylight Savings Time All bargaining unit members on the regularly scheduled shift in the Fall that as a result of 15 Daylight Saving Time actually work (sweat) twenty-five hours shall receive their standard biweekly rate of pay plus one additional hour in the affected pay period. The additional hour actually worked shall be counted towards the calculation of Overtime at the end of the respective FLSA cycle. All bargaining unit members on the regularly scheduled shift in the Spring that as a result of Daylight Saving Time actually work (sweat) twenty three hours shall receive their standard biweekly rate of pay in the affected pay period. The additional hour not actually worked shall count as hours actually worked and shall be counted towards the calculation of Overtime at the end of the respective FLSA cycle. Vacation, Floating Holiday, and Sick Leave days used on the affected days shall count as 24 hours (if the entire shift is used) in either of the above instances. Exchanges of on-duty time (swaps) on the affected days shall be treated in accordance with Section 4 of this Article. As such, the regularly scheduled employee shall be entitled to credit for the additional hour in the Fall. Section 7. State EOC/FEMA Initiated Emergency Deployment It is understood that the Department may deploy personnel to render aid and assistance to other jurisdictions in accordance with State EOC and or FEMA initiatives. No bargaining unit employee will be involuntarily assigned to deploy under this paragraph. Such deployments shall not be subject to the call-in provisions as outlined in Section 5 of this Article. Employees subject to such deployments shall not suffer a loss of any regular pay the employee would otherwise have received if not dispatched as a result of the assignment. However, any pay above and beyond the employee's regular pay shall be based upon and subject to Section 2 of this Article and the reimbursing agency guidelines. Where such guidelines are available, they shall be provided to the employees at the time of assignment. Employees who are deployed in accordance with the provisions above shall be eligible for any applicable insurance, including Workers Compensation, to the extent provided by the plan terms or applicable law for the duration of such deployment. Section 8. Pay Plan Administration A. Promotions: 1. Upon promotion from one classification to a higher level classification, an employee will receive an increase equal to the difference between the base pay in the employee’s current job classification and the base pay in the promotional job classification (for example, an employee who is promoted from Fire Medic to Fire Lieutenant would receive an increase of $8,000.00).shall be placed into the step number in the higher level classification which is the same as the step number to which he/she is assigned in his/her current classification (for example, a Step 6 Firefighter would be promoted into Step 6 of the Fire Medic range or a Step 5 Fire Medic would be promoted into Step 5 of the Fire Lieutenant range. Any portion of the promotional increase which, when annualized, exceeds the established pay range maximum shall be paid as a one-time lump sum bonus payment, and such employee's base rate of pay shall be adjusted to the pay range maximum. Under no circumstances will the employee's promotional base rate of pay exceed the established pay range maximum. 16 2. A higher level classification shall be deemed to be one having a higher maximum rate of pay. A promoted employee shall maintain his/her existing annual performance review date for the purpose of determining eligibility for subsequent annual performance reviews. B. Demotions: 1. An employee who is demoted voluntarily, for lack of work occasioned by consolidation of a municipal function by another governmental agency, for lack of work generally, for lack of funds, or for other causes beyond his/her control, will receive a decrease equal to the difference between the base pay in the employee’s current job classification and the base pay in the demoted job classification.shall be placed into the step number in the lower level classification which is the same as the step number to which he/she is assigned in his/her current classification (for example, a Step 6 Fire Medic would be demoted into Step 6 of the Firefighter range or a Step 5 Fire Lieutenant would be demoted into Step 5 of the Firefighter/Driver-Operator range). An employee may be allowed, with the prior approval of the Fire Chief, to demote only to a lower level classification for which a position vacancy exists and for which the employee meets the minimum eligibility requirements at the time of demotion. A demoted employee shall maintain his/her existing annual performance review date for the purpose of determining eligibility for subsequent annual performance reviews. A demotion shall be defined as any change of an employee from a position in one class to a position in a class of a lower level. A lower level classification shall be deemed to be one having a lower maximum rate of pay. For non-voluntary, non-disciplinary demotions, such employee shall be placed at the head of the reemployment list for the class from which he/she was demoted. 2. An employee who is appointed from layoff from the reemployment list to a position in the department in which he/she previously served shall be paid at the step in the pay range which is equivalent to whatthe step he/she was receiving upon separation, adjusted only by the any difference in the amount of base pay upon termination and the base pay in effect for the job classification held at the time of re- employment, when he/she was separated and shall be eligible for Merit Payadvancement to the next step when he/she shall have been re-employed a sufficient number of days to make up the number of days he/she lacked for eligibility at the time of separation. An employee who is appointed from the reemployment list to his/her previous higher level classification after having taken a non-voluntary, non-disciplinary demotion shall be placed into the corresponding step in the higher level classification that is the same as the step number to which he/she is assigned in the current classification and shall maintain his/her annual review date for the purpose of determining eligibility for subsequent annual performance reviews. 3. An employee who is appointed from the reemployment list to a position in another department than that in which he/she was previously employed may be paid at the same step or rate of pay in the pay range as that which he/she was being paid when separated, or any step or rate of pay within the range which is not above the step or rate of pay at which he/she was previously paid. C. Acting Pay 1. Acting pay shall be provided to any employee who is assigned in an acting capacity to a position in a class of a higher level for a minimum of four hours. An employee shall be deemed qualified and shall be required to act in a higher level classification if he/she is on the existing eligibility list, or if he/she is placed on an established "Acting" eligibility list upon being determined, after agreeing to participate in a 17 process to be conducted by the Department, to meet guidelines established by the Department for the higher level classification. The Fire District CommanderAssistant Chief shall fill Acting assignments when the Department is at or above minimum staffing levels by choosing employees who will result in the least amount of disruption to operations and in accordance with Article 7, Section 3, C. 2. Acting Pay shall be 5% above the employee's current base rate of pay. 3. Acting Pay Removal Acting pay shall cease to be paid to a bargaining unit member when: The employee is reassigned, transferred, demoted or promoted to any position not involving the performance of the acting function, or the acting position is removed by the Department or other appropriate authority pursuant to provisions of the collective bargaining Agreement. Acting pay terminates at the time of the job function change or at the time of the formal assignment removal. Any employee who has elected to be included on the established "Acting" eligibility list may, with 30 days notice, be voluntarily removed from the list. The Department at its discretion may at any time remove an employee from the "Acting" eligibility list. The Department will provide the employee with the reason for removal from the list. Those Paramedic certified employees who are assigned to the non-Paramedic classifications of Firefighter and Firefighter/Driver-Operator, and who elect to voluntarily be removed from the "Acting" eligibility list and no longer be eligible for a Paramedic certification pay differential, shall not be permitted to request reinstatement to the established "Acting" eligibility list for a period of six months from the time they are removed from the list. 4. Acting Eligibility List Shortages In the event the Department determines that an insufficient number of employees are willing or qualified to serve in an Acting capacity for a given job classification, the Union agrees to discuss and, if necessary, negotiate changes or impacts as required by law. This includes but is not limited to changes such as qualification requirements for classifications and promotion, modification of external hiring and employment criteria, modification or elimination of job classifications, or changes to Acting requirements. D. Fair Labor Standards, Section 7(k) Exemption 1. The City of Clearwater Fire Department, pursuant to the Fair Labor Standards Section 7(k) exemption, has established a 28-day work cycle for employees in the bargaining unit who work 106 hours average biweekly schedule. 2. All employees in the bargaining unit with the exception of Fire inspection personnel shall be paid overtime only for all regular hours actually worked in excess of 212 hours during the designated 28- day work cycle. Fire inspection personnel assigned to a 40-hour weekly schedule shall be eligible for overtime for all hours actually worked in excess of 40 hours per work week. Section 9. Promotional Process A. Promotional evaluation announcements will be posted in each station at least 30 days prior to the filing deadline. 18 B. Each announcement of a promotional evaluation shall state: 1. The title of the class for which the eligibility list is to be created. 2. The nature of the work to be performed. 3. The minimum qualifications which may be required for admission to the evaluation process. 4. The general scope of the evaluation process to be used. C. Eligibility for promotional evaluation processes may be restricted to persons employed in designated lower classes and/or in designated organizational units. D. Disqualification of Applicants The Human Resources Director, on behalf of the City, may reject the application of any person for admission to any evaluation process or refuse to evaluate any applicant or to certify the name of an eligible for appointment if, in his/her opinion, it is found: 1. That the applicant fails to meet the established qualification requirements for the classification. 2. That the application was not filed on or before the closing date for receipt of applications specified in the public announcement. 3. That the applicant has made an intentional false statement as to any material fact, has practiced or attempted to practice deception or fraud in his/her application or in securing eligibility or appointment. This provision shall be interpreted to include the use of any other than the applicant's legal name in making application. 4. That the applicant has a record of previous unsatisfactory service in City employment or elsewhere for the past two years of such a nature as to demonstrate unsuitability for employment in a position of the class for which he/she is applying. 5. That the applicant fails to meet standards for the position that are required by State and/or Federal law or applicable rules under such laws. 6. Any person who, by order of the Human Resources Director, is denied permission to compete in any promotional evaluation process or whose eligibility is canceled under the provisions of this section may make a written appeal to the City Manager for a final decision. E. Scope and Character of Evaluation Processes 1. Provisions applying to promotional evaluation processes: a) All promotional evaluation processes shall be competitive. b) All evaluation processes shall be of such character as to fairly determine the qualifications, fitness and 19 ability of applicants to perform the duties of the classification to which appointment is to be made. c) Evaluation processes may be written, oral, physical or performance, or a combination of these types. They may take into consideration such factors (including experience, education, aptitude, capacity, knowledge, character, physical fitness, and other qualifications) as, in the judgment of the Human Resources Director, enter into the determination of the relative fitness of the applicants and may include inquiry into the moral character, or any other pertinent quality or attribute of the applicant. d) Evaluation processes shall include established criteria for determining a passing grade, score, or mark. F. Notification of Results Each candidate shall be notified in writing of his/her name being placed on the eligible list or his/her failure to attain a place on the list. Any candidate may, within 15 calendar days following the mailing date of his/her notice of results, request permission from the Human Resources Department to review his/her evaluation results, and will be given reasonable opportunity to do so, provided the test is not proprietary. If the test is proprietary, then a summary of his/her results shall be furnished to the applicant upon request, provided such request is made in writing within 15 days after the last section of the examination is administered and the summary is made available by the vendor. Any costs associated with the summary shall be paid one-half by the employee and one-half by the Fire Department. G. Appeals from Ratings 1. Any candidate who fails to attain status on an eligibility list may, within 15 calendar days from the date of notification of such, notify the Human Resources Director in writing that error, other than error of judgment, exists. The Human Resources Director shall thereupon conduct a review. If upon review, errors other than error of judgment, are found, such errors shall be corrected. In the event such review discloses error affecting other candidates, the other candidates shall also be corrected. 2. An error correction may cause names to be added or subtracted from the eligibility list, however no change made in the ratings of any candidate shall be deemed to invalidate or in any way affect any certification or appointment previously made. Section 10. Open and Promotional Eligibility Lists All employees deemed eligible through the evaluation process shall be placed on the appropriate eligibility list for a period of two years from the date of placement on and establishing of such list by the Human Resources Department. The individual dates of initial eligibility shall appear next to the candidates' names and may differ when concurrent eligibility lists exist. The names of all persons who may be lawfully appointed and who have achieved a passing score on the evaluation process shall be placed on the appropriate eligibility list in the order of their final score without regard to the time of their test. The names of two or more eligibles having the same final score will be arranged in alphabetical order. Section 11. Appointments A. In certifying from an external eligibility list for entry hire positions, the Human Resources Department 20 shall certify an open list of all candidates achieving a passing score on the evaluation process. In certifying from an internal eligibility list for the filling of a promotional vacancy, the Human Resources Department shall certify the names of the candidates in the top five score groups at the time of the certification. Selection from an open or promotional list shall be at the sole discretion of the Fire Chief. Selection criteria shall be developed and may include such factors as seniority, experience, education, aptitude, capacity, knowledge, character, physical fitness, and other qualifications. B. Selection criteria shall be announced at least 30 days prior to the selection process. C. Selection processes shall be competitive; shall be of such character as to fairly determine the qualifications, fitness, and ability of applicants to perform the duties of the classification to which appointment is to be made; may be written, oral, physical, performance, or a combination of these types; shall include criteria to determine the relative fitness of applicants; and shall not include questions or evaluations framed to be discriminatory in nature. When skills and qualifications are substantially equal, seniority shall prevail in selection determinations for positions within the bargaining unit. D. The Department shall counsel with any eligible employee who is not selected for promotion upon the written request of the employee. Such counseling shall include an explanation and written summary of the selection criteria whereby improvement may make the employee not selected better qualified. Section 12. Probation A. A newly hired employee or an employee promoted from a class outside the bargaining unit to a class within the bargaining unit shall serve a probationary period of 12 months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the event the employee is, for any reason, absent from duty for any reason other than floating holidays or on light duty for an accumulated period equal to two weeks scheduled work hours or more, then all such time shall be added to the probationary period. B. A newly hired employee who, during the probationary period, does not demonstrate suitability for the class, as determined by the Fire Chief, shall be notified in writing of the reason(s) and shall be terminated. An employee promoted from a class outside the bargaining unit to a class within the bargaining unit who, during the probationary period, does not demonstrate suitability for the class as determined by the Fire Chief, shall be returned to his/her position held prior to the promotion or to another position at the same or lower level for which the employee is determined to be qualified, provided there is no cause for dismissal. An employee shall not have access to the grievance procedure regarding the termination during probation. C. An employee promoted or demoted from a class within the bargaining unit to a class within the bargaining unit shall serve a probationary period of six months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the event the employee is absent from duty for any reason other than scheduled leave or on light duty for an accumulated period equal to one week scheduled work hours or more, then all such time shall be added to and thereby extend the probationary period. D. An employee promoted from a class within the bargaining unit to a class within the bargaining unit who, during the probationary period, does not demonstrate suitability for the class, as determined by the Fire Chief, shall be notified in writing and shall be demoted to his/her former classification. A promoted employee serving a probationary period within the bargaining unit shall not be entitled to 21 appeal his/her non-successful probationary period and his/her return to his/her former position. Section 13. Light Duty Light duty shall be defined as those activities which an employee can perform which do not require any type of physical activity which may aggravate an existing injury. An employee must be released by the treating physician for light duty and must have approval from Risk Management and the Fire Chief. Employees on either a job-related or non-job-related injury, illness or other medical condition may be assigned to light duty. 53-hour weekly schedule employees placed on light duty shall continue to be paid their standard biweekly pay in accordance with Article 7, Section 2. All hours actually worked while in a light duty status shall be counted toward overtime at the end of the FLSA cycle in accordance with Article 7, Section 8., D. Employees who are authorized time off while assigned to light duty shall have the number of hours equivalent to the time off deducted from the applicable leave balance. Medical appointments, approved by the Risk Management Department, related to a line of duty injury shall not be deducted from the applicable leave balance. Employees injured on duty who are approved for light duty shall continue to receive Special Teams pay if applicable. For off duty injuries, Special Teams pay shall cease after 90 calendar days of assignment to light duty. 40-hour weekly schedule employees shall maintain their 40-hour schedule while on light duty. All employees on light duty shall have their medical status reviewed periodically as directed by the City to determine whether maximum medical improvement has been achieved and/or the employee is fit to return to full duty. If needed, the City may require a second medical evaluation; and if so required, this shall be done at the City's expense. Light-duty assignments may be limited in number and scope at the sole discretion of the Fire Chief. Section 14. Line-of-Duty Injury Pay The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, terms and conditions. A. Line-of-duty compensation shall be payable under this section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. B. An injury shall be deemed to have been incurred in the line-of-duty if and only if such injury is compensable under the Florida Workers' Compensation Law. C. The amount of line-of-duty compensation paid shall be the amount required to supplement funds received from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the line-of-duty supplement herein provided and all other payments herein described equal the employee’s regular rate of pay at the time of the injury. D. No line-of-duty compensation under this section shall be allowed for the first seven calendar days of disability (except as provided below); provided, however, that if the injury results in disability of more than 21 calendar days, compensation shall be paid from the commencement of the disability. (It is understood 22 that this paragraph is so stated to be in compliance with current workers' compensation law. Changes in workers' compensation law will modify this paragraph accordingly.) E. The term disability as used in this section means incapacity because of the line-of-duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of injury. F. It is the intent of this section to provide supplemental compensation for line-of-duty injuries only, and this section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty. In the event of any dispute or disagreement concerning the interpretation of the terms of this section, then the decisions concerning definition of those terms issued under the Florida Workers' Compensation Law shall control. G. The City will provide line-of-duty compensation in the amount necessary to supplement funds received from the Florida Workers Compensation Law in order to equal the employee's regular rate of pay with no charge to the employee's accrued paid leave. When an employee with less than three (3) years of service is injured on the job to the extent that such employee misses scheduled work time. The maximum period for which payment may be made under this section shall be 90 calendar days from the date of injury for each injury during the first year of employment, 60 calendar days during the second year of employment, and 30 calendar days during the third year of employment. H. Line-of-duty injury pay will be provided from the first day of injury for those defined in (G) above; however, the amount paid shall be only that amount required to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plans provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay rate at the time of injury. At such time as the employee receives his/her initial workers' compensation payment, the City shall approximate the differential needed to equal the employee's base pay and shall provide such line- of-duty injury pay to equal the employee's regular base pay rate at the time of injury. Any adjustment to the City's line-of-duty injury pay under this policy will be made following the employee's return to work or at the expiration of the period for which line-of-duty injury pay is provided. I. Line-of-duty pay shall not be provided from the first day of injury to any employee after the third year of employment. Following the time limits prescribed for the provision of line of duty compensation in paragraph (G) above, employees shall be required to utilize accrued paid leave time to supplement funds received from the Florida Workers Compensation Law in order to maintain a paid status. Employee shall be permitted to utilize accrued paid leave time only in the amount necessary to supplement funds received from the Florida Workers Compensation Law in order to equal the employee's regular rate of pay at the time of the injury. J. It is the intention of the parties that nothing in this Agreement shall interfere with the normal procedures under the Workers' Compensation Laws or the requirements of the City's workers' compensation insurance carrier. Should any language of this Agreement conflict with provisions of the Workers' Compensation Law, the provisions of the Law shall prevail. An employee may choose his/her approved Workers' Compensation treating physician if prior approval is obtained through the Risk Management Division. K. If an employee is killed in the line of duty, the City shall pay to the spouse, or if there is no surviving spouse, the estate, of such deceased employee his/her accumulated severance pay. Within 48 hours of the death of the employee, the City shall deliver to the spouse or surviving children or the employee's dependent beneficiary a check for the sum of one month's current salary of the employee. 23 L. Upon return from working a fire, the employee may request a physical examination by the City physician to ensure the employee is stable and capable of returning to work. This right may be rescinded on an individual basis if repeatedly abused. The City shall have the right to require the employee undergo a physical examination by a physician of its choice prior to receiving or continuing to receive compensation under this Section. M. Failure to immediately report a line-of-duty injury to the employee's immediate supervisor or to the Risk Management Division within 24 hours of the time of occurrence of the injury, shall result in a loss of all line-of-duty pay under this Article unless such failure to report was: (a) caused solely by and as a direct result of the employee's injuries or (b) resulted from the occurrence of an event over which the employee had no control in the opinion of the City Manager. Section 15. EMS Classifications A. The paramedic classifications of Fire Medic and Fire Medic Lieutenant are employees within the City's Fire Department who are appointed by the Department to perform emergency medical services in an emergency medical services program and who have successfully completed and passed a Paramedic training program recognized by the Department and approved by Florida Statute and the Pinellas County Medical Director's office. A Fire Medic is a classification which is responsible for maintaining EMS equipment and performing emergency medical services on an ALS Unit in the area of medical procedures and patient care in addition to any assigned fire suppression duties. B. The City retains the right to hire qualified external applicants into the Fire Medic job classification, or to offer promotional opportunities to qualified existing bargaining unit or other City personnel. Should the City cease to operate emergency medical services, those employees classified as Fire Medic or Fire Medic Lieutenant shall continue to be employed by the City on the same basis as any other employee in the bargaining unit, provided that employees who are demoted shall have their compensation fixed at the same step in the respective range as that which they are assigned in their classification prior to demotion. C. EMS Status 1. All Fire and Rescue Department employees shall be required as a condition of employment to possess and maintain the appropriate EMS certifications in accordance with their respective job description. It shall be each individual employee's responsibility to ensure that all requirements are met to maintain the active status of his/her respective applicable required EMS certification. The Department shall provide opportunities for employees to meet such requirements during work hours, but employees who are unable to take advantage of such opportunities due to absence or operational demands shall not be required to make arrangements for attending to the requirements on their own. The following bargaining unit members shall be exempt from the above requirement to possess and maintain the applicable EMS certifications: Jones, Michael Employees assigned through initial hire or promotion to the classifications of Fire Medic and Fire Medic Lieutenant are required to maintain the appropriate Paramedic certifications as determined by the Department as a condition of continued employment. Depending on the staffing level of Department Paramedic positions and the availability of vacancies in non-Paramedic positions, Fire Medics and Fire 24 Medic Lieutenants may be permitted to voluntarily demote to non-Paramedic positions for which they are determined by the Department to be qualified, with the corresponding reduction in pay in accordance with Article 7, Section 8. Approval of such demotions shall be at the sole discretion of the Fire Chief. If voluntary demotion is not approved by the Fire Chief and there is no other vacant position in the City for which such an employee is deemed by the City to be qualified, the employee may be subject to applicable provisions of the City's policies and procedures, including involuntary demotion or layoff. The City reserves the right to hire into the classification of Fire Medic new employees who possess the appropriate Paramedic certifications, and to require that such certifications be maintained as a condition of continued employment. 2. Employees who have their required EMS certifications revoked by the State of Florida or the Office of the Pinellas County Medical Director, and who appeal the action within the established timeframe through the appropriate administrative procedure, shall be maintained as employees in the Clearwater Fire and Rescue Department until a Final Order is rendered by the Division of Administrative Hearings. Said date shall not include any further appellate proceedings by the employee. Such employees who do not take advantage of this appeal procedure, or who do not have their EMS certifications fully reinstated through this procedure, shall be required to find alternate employment within the City or shall be subject to layoff 30 days from the date of the Final Order of the Division of Administrative Hearings, not including any further appellate proceedings by the employee, and shall be placed on the reemployment list for a period of one year from the date of the layoff. TheTue Fire Chief shall have the discretion to not institute layoff based on individual circumstances, and such decisions shall be considered by the parties to be non-precedent setting. Tue actions of the City pursuant to this Paragraph shall not be subject to the grievance and arbitration/appeal procedure under this Agreement or under the Civil Service Rules. 3. The Fire Department and all bargaining unit members shall comply with Florida Statutes and the Pinellas County EMS Rules and Regulations regarding Quality Assurance and ACLS and BTLS certification. Tue decisions of the County Medical Director in such matters shall not be subject to the City grievance procedure but shall be addressed through the appropriate appeals procedure. 4. The demotion of an employee required to possess an EMS certification shall not be subject to the contractual grievance procedure or Civil Service appeal procedure when the demotion or removal of pay is based upon loss of EMS certification due to action taken by the office of the Medical Director of Pinellas County or by the State of Florida. 5. The demotion of an employee required to perform EMS services or the removal of Paramedic certification pay shall be subject to the contractual grievance procedure or the Civil Service appeal procedure only if such demotion or removal of pay is the result of a disciplinary action not related to the above referenced loss of EMS certification. 6. The Arbitrator shall not have the power to substitute his/her judgment for that of the Department, the Medical Director, or the State of Florida with whom EMS personnel work in relation to performance of employees to the standards of excellence desired by the City the Medical Director, or the State of Florida. D. The parties agree that Fire Medics and Fire Medic Lieutenants are healthcare professionals but shall not be considered "professional" employees within the meaning of the Florida Public Employees Relations Act. E. If the application of this Article, or any part thereof, whether or not relating to pay, is superseded by action of a superior governmental agency, then the City will be absolved of complying with this Agreement to the extent of the conflict. 25 Section 16. Firefighter/Driver-Operator A. Classification The classification of Firefighter/Driver-Operator shall be for those employees within the Fire Department who are the drivers and operators of the following type vehicles: Fire Engines, Aerial Apparatus (including operation of the tiller), and Squad. B. Appointments All Firefighter/Driver-Operator positions shall be filled by a competitive eligibility and selection process. All employees who successfully complete the eligibility determination process shall be eligible for consideration in the selection process. The minimum qualifications shall be in accordance with the respective City job description. C. Wages All employees assigned as driver shall have at least 4 years on the department and shall receive pay in accordance with Appendix A. Section 17. Work Rules and Prevailing Rights A. It is understood and agreed by both parties that the duties performed by members of the bargaining unit cannot always be covered by job descriptions and, therefore, members of the bargaining unit may be required to perform duties in addition to all those listed within the current job descriptions which are, in the judgment of the City, related to the purposes of the Fire Department, which judgment shall not be arbitrary, capricious or unreasonable. B. Any Fire Department Rule or Regulation in conflict with this Agreement shall be of no force and effect. C. Prior to the implementation of any changes in the existing Fire Department Rules and Regulations, the Fire Chief must provide twenty calendar days notice for the Union to identify any bargaining as required in accordance with Florida Statutes, Chapter 447. If requested by the Union, the change will be referred to the next Labor/Management Committee meeting, which shall be scheduled within 14 calendar days to meet and discuss such change. If the Union provides no response, the rule will be implemented after the initial twenty day notice unless the time is extended by the Chief. The issue of whether such change conflicts with this Agreement shall be subject to the grievance procedure contained herein. The time for filing said grievance shall commence on the date the rule is implemented. D. All rights and working conditions, enjoyed throughout the Department by the employees at the present time which are not included in this Agreement shall be presumed to be reasonable and proper and shall not be changed by the City in an arbitrary or capricious manner; provided that nothing contained herein shall limit the City's rights under Paragraphs A, B and C of this Section or as expressly provided elsewhere in this contract or by law. 26 Section 18. Subcontracting During the term of this Agreement, the City shall not subcontract out to private concerns any fire suppression, Emergency Medical Service and rescue services of the Department. Any action of the state of Florida or Pinellas County to assume control of any basic fire suppression, Emergency Medical Service or rescue services shall not be deemed subcontracting. Section 19. Indemnification The City agrees to defend any employee when the employee is sued on any claim arising out of his/her employment with the City and acting within the scope of his/her duties. The employee agrees to cooperate in his/her defense. The City also agrees to pay any judgment rendered against an employee for acts committed when the employee is acting within the scope of his/her City employment, provided that the employee did not act intentionally, with malice, or with gross negligence. Section 20. Sports Participation in sporting activities while on duty shall be permitted in accordance with Fire Department SOP/SDP. Section 21. Lawn Maintenance Employees covered by the contract shall not be required to perform lawn maintenance at the fire stations. Section 22. Physical Examination A. Employees covered by this labor agreement shall be required to undergo an annual physical examination. B. The employer shall bear the cost of each examination. Additionally, 53 hour schedule employees shall be provided an allowance for attending the physical during off-duty hours. The City agrees 40 hour schedule employees may attend their physical during on-duty hours with no loss of pay. The results of these physicals shall be made available to the City and to each employee upon completion of the physical and shall be maintained as confidential medical records in accordance with law. Physicals shall include but not necessarily be limited to the following: 1. 12 Lead EKG 2. SMA Profile 12 (liver, blood sugar, etc.) 3. Chest X-Ray – (as required) 4. Complete Blood Count 5. Urinalysis 6. Rectal Cancer Exam (optional for employee) 7. Doctor's Physical (eyesight, reflexes, hearing, throat, etc.) 8. Breast/Cervical Cancer Exam (Females- optional for employee) 9. Audiometric Evaluation 10. Spirometry (Pulmonary Function) 27 11. Titers for Hepatitis A and B C. The City agrees to pay all expenses for inoculation or immunization shots for employees and members of an employee's family residing in his/her household when such becomes necessary as a result of said employee's exposure to contagious disease where said employee had been exposed to said disease in the line of duty; provided that the employee first makes all reasonable efforts to have this service performed at no cost by the County Health Department. The City further agrees to reimburse the co-pay cost for any preventive inoculation or immunization shots an employee may receive from his/her City primary care physician. D. The parties agree that the physical condition of the employee is of great concern to the employee and to the City. All employees whose physical fitness or medical status is deemed deficient in some manner as a result of the physical examination shall be advised by the Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health. The City shall provide free access for all bargaining unit members, and family members who are currently enrolled on the City’s health insurance plans, to any City recreational facility. Additional fees for programs conducted at such facilities shall be borne by the employee. It is understood by all parties that the decision whether to use such facilities is entirely voluntary on the part of the bargaining unit members, and time spent using such facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities be compensable under workers compensation. E. The City agrees to contract with a licensed physician who shall be selected by the City and agreed to by the Union to act as a Department Physician whose duties shall be to advise the employees and the department in matters concerning the health of the employees. F. The City and Union agree that based upon a mutual agreement of the parties, this Article may be reopened for the purpose of negotiating a Wellness provision only. If the Article is reopened for such purpose and the parties are not able to reach an agreement, the item shall not be subject to the impasse procedure and the Article shall remain status quo in whole and part. Section 23. Employee Fitness & Wellness Incentive 1. During each fiscal year, employees will have the opportunity to earn wellness incentive leave hours for maintaining physical fitness and wellness standards as set forth in departmental policy. This program is voluntary. 2. Employees performing the Fitness & Wellness Assessment shall be covered under workers compensation. 3. The Fitness & Wellness Assessment will consist of two parts: Work Performance Assessment and Injury Resistance Assessment. Each assessment will be worth a maximum of twelve (12) hours for 53- hour employees or four (4) hours for 40-hour employees. This wellness incentive leave may be used in four (4) hour increments subject to the provisions set forth in Article 8, Section 2(B). 1.4. Scores within the fiftieth (50th) percentile or above will receive wellness incentive leave hours according to the schedule below: 28 53-hour Employee Incentive Value Percentile Range Reward Value 90-100 24-hours 80-90 20-hours 70-80 16-hours 60-70 12-hours 50-60 8-hours 40-hour Employee Incentive Value Percentile Range Reward Value 90-100 8-hours 80-90 7-hours 70-80 6-hours 60-70 4-hours 50-60 2-hours Section 24. Residency Requirement All bargaining unit members shall be required to maintain residence within the geographical boundaries of Pinellas, Hillsborough, Pasco, Manatee, and Hernando Counties. This requirement shall continue during their tenure in any position within the fire service of the City of Clearwater. Section 2524. Tobacco Product Usage No smoking or use of tobacco on or off the job shall be permitted for any bargaining unit member as a condition of employment and their continued employment within the fire service. Violation of this provision shall be deemed just cause of disciplinary action by the City, up to and including dismissal. Section 25. Station Assignments The Fire Chief will pursue development of an administrative policy that creates a station transfer system which meets the Department's operational needs and considers bargaining unit members' seniority and will meet and consult with the Union in that development. ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. The following holidays shall be observed: New Year’s Day Veteran’s Day Martin Luther King Day Thanksgiving Day Memorial Day Day after Thanksgiving Day Juneteenth Day Christmas Day Independence Day Labor Day 29 Holiday pay for the above listed holidays will be paid at the employee's current base rate of pay for the number of hours equaling 10% of the biweekly schedule, except that the following three special holidays will be compensated at the employee's current base rate of pay for the number of hours equaling 15% of the biweekly schedule: Christmas Day, Thanksgiving Day, and New Year's Day. 40-hour per week schedule fire inspection personnel shall not work on designated holidays unless directed to do so by the Fire Marshal or his/her designee. Fire prevention inspection personnel who are required to work on a designated holiday shall receive time-and-one-half their regular pay for all hours actually worked or 4 hours minimum, whichever is greater, on the holiday in addition to the holiday pay described above. When a City-observed holiday falls on a Saturday, the preceding Friday shall be the designated holiday for fire prevention inspection personnel. When a City-observed holiday falls on a Sunday, the following Monday shall be the designated holiday for fire prevention inspection personnel. Designated holidays which fall on a fire prevention inspection employee's regularly scheduled work day shall count as hours actually worked for the purpose of calculating overtime. B. In addition to the holidays listed in Section 1, each employee may receive up to four additional "floating holidays". Floating holidays shall be awarded at the beginning of each calendar year, subject to the restrictions below. For such floating holidays the employee shall receive his/her regular rate of pay for such day if he/she does not work that day, but shall not receive additional compensation. Any day for which an employee is not scheduled to work may not be designated as a floating holiday. Floating holidays shall be subject to the following requirements and conditions: 1. No employee may utilize floating holidays until 30 calendar days after the date of hire. 2. Any person employed between January 1 and March 31 shall receive 100% of floating holidays to be utilized during the year of hire; any person employed between April 1 and June 30 shall receive 75% of floating holidays to be utilized during the year of hire; any person employed between July 1 and September 30 shall receive 50% of floating holidays to be utilized during the year of hire; and any persons employed between October 1 and October 31 shall receive 25% of floating holiday to be utilized during the year of hire. Persons employed after October 31 shall not be eligible for any floating holidays during the year of hire. 3. Floating holidays may not be carried over from one calendar year to another calendar year and if not taken are forfeited except as provided in Paragraph D of this Section. 4. After the year of hire, employees shall receive four "floating holidays" each calendar year. 5. Upon an employee's separation from the City, the employee may receive a lump sum payment for any remaining floating holiday balance per Paragraph D of this Section, or the remaining floating holiday balance may be used to advance the employee's date of retirement. C. Floating holidays will be selected in reverse seniority after all vacation days and longevity days have been scheduled. It is not necessary for an employee to schedule his/her floating holidays during the vacation selection process. Any employee selecting floating holidays after the vacation selection process will give the Department 48 hours' notice in writing of his/her request. This notice will be given to the Fire District CommanderAssistant Chief for approval based on vacation selection criteria. This permission shall not be 30 arbitrarily withheld. In case more than one employee requests a particular day and the Department determines that both employees may not be off duty on that particular day, the senior employee shall be given preference. D. If the employee chooses not to take one or more floating holidays, he/she may make a written request to the Fire Chief on or before November 15th to receive 24 hours of regular pay for 53-hour week, or 8.0 hours of regular pay for 40-hour week in lieu thereof payable in the payroll period which includes December 1st. Any floaters not taken or requested for payment are forfeited. No more than four floating holidays shall be approved for payment each year. E. Each calendar year, members of the bargaining unit may elect to take one floating holiday as "Personal Leave Time." This personal leave day may be broken into blocks of 4 hours and will be taken in 4-hour increments. Personal Leave Time will be selected after all vacation days, extra vacation days and floating holidays have been scheduled. Any employee selecting Personal Leave Time after the vacation selection process will give the Department 48 hours' notice in writing of his/her request. All requests for Personal Leave Time must comply with all the criteria pertaining to the vacation selection process. If an employee chooses not to use all blocks of Personal Leave Time, he/she may make a written request to the Fire Chief on or before November 15th to receive pay for such remaining blocks, payable in the subsequent payroll period which includes December 1st. Section 2. Vacations A. Accrual of Vacation Leave 1. Vacation leave shall be granted for all full-time employees in accordance with the number of completed years of credited service. A full-time employee shall be deemed to have earned and be eligible for vacation on the first anniversary of his/her employment. For newly hired employees, such vacation shall be prorated for the year of hire according to the following schedule: 53-Hour Weekly Schedule Employees January/February Hire Date.................................................................. 6 Duty Days March/April Hire Date .......................................................................... 5 Duty Days May/June Hire Date .............................................................................. 4 Duty Days July/August Hire Date........................................................................... 3 Duty Days September/October Hire Date............................................................... 2 Duty Days November/December Hire Date ............................................................. 1 Duty Day 40-Hour Weekly Schedule Employees January/February Hire Date ........................................................................ 80 Hours March/April Hire Date ................................................................................ 64 Hours May/June Hire Date ....................................................................................48 Hours July/August Hire Date................................................................................. 32 Hours September/October Hire Date.....................................................................24 Hours November/December Hire Date ................................................................. 16 Hours Thereafter, employees shall be deemed to have earned and be eligible for vacation accrual each January.Effective in the 2023 payroll calendar year and thereafter, employees shall be deemed to have earned and be eligible for vacation accrual at the beginning of each payroll calendar year. As such, 31 employees on the 53-hour weekly schedule shall accrue paid vacation as follows: Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 25 and higher 1 year anniversary of Hire January following 1 year anniversary of Hire Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Thereafter Pro-rated Days 6 Duty Days 6 Duty Days 7 Duty Days 7 Duty Days 7 Duty Days 8 Duty Days 8 Duty Days 8 Duty Days 8 Duty Days 9 Duty Days 9 Duty Days 9 Duty Days 9 Duty Days 10 Duty Days 10 Duty Days 10 Duty Days 11 Duty Days 12 Duty Days 32 Employees on the 40-hour weekly schedule shall accrue paid vacation as follows: Year 1 1 year anniversary of Hire Pro-rated hours Year 2 January following 1 year anniversary of Hire 80 hours Year 3 Following January 88 hours Year 4 Following January 96 hours Year 5 Following January 104 hours Year 6 Following January 112 hours Year 7 Following January 120 hours Year 8 Following January 128 hours Year 9 Following January 128 hours Year 10IO Following January 128 hours Year 11 Following January 136 hours Year 12 Following January 144 hours Year 13 Following January 152 hours Year 14 Following January 152 hours Year 15 Following January 152 hours Year 16 and higher Following January Thereafter 160 hours 2. Effective in 2023 and thereafter, Tthe vacation year shall be the payroll calendar year. 3. Effective in the 2023 and 2024 payroll calendar years, 53-hour employees who have used at least seventy-two (72) vacation hours may receive up to seventy-two (72) hours of vacation stipend in exchange for the same number of vacation hours. The employee must maintain a minimum of one hundred twenty (120) hours in their vacation bank after the exchange. The employee must not have received any formal discipline during that payroll calendar year and must have received at least Meet Standards on the most recent annual evaluation. The employee may elect to make one written request per payroll calendar year to the Payroll Preparer on or before November 15 to receive the seventy-two (72) hours of vacation stipend by the payroll period which includes December 1 of that payroll calendar year. Vacation hours sold will be paid out as pensionable earnings, at the employee’s hourly base rate exclusive of any premium or shift assignment pay in effect at the end of the payroll period following the date this form is provided to the department. Contribution requests will be irrevocable. Effective in 2023 and 2024 payroll calendar years, 40-hr employees who have used at least twenty- four (24) vacation hours may receive up to twenty-four hours of vacation stipend in exchange for the same number of vacation hours. The employee must maintain a minimum of eighty-six (86) hours in their vacation bank after the exchange. The employee must not have received any formal discipline during that payroll calendar year and must have received at least Meet Standards on the most recent annual evaluation. The employee may elect to make one written request per payroll calendar year to the Payroll Preparer on or before November 15 to receive the twenty-four (24) hours of vacation stipend by the payroll period which includes December 1 of that payroll calendar year. Vacation hours sold will be paid out as pensionable earnings, at the employee’s hourly base rate exclusive of any premium or shift assignment pay in effect at the end of the payroll period following the date this form is provided to the department. Contribution requests will be irrevocable.Vacation leave granted in January is deemed to have been earned during the previous calendar year. 4. All unused vacation balances are forfeited at the end of the calendar year, except as determined by the Fire Chief. 33 B. Use of Vacation Leave 1. The use of vacation leave shall be authorized in accordance with Fire Department Regulations. Vacation leave shall be utilized in full day increments only, except when operational demands require an employee to work part of a day for which vacation leave has been previously approved. For 53-hour schedule employees, a maximum of seven employees shall be permitted to be absent from any shift for the purpose of personal leave including vacation and floating holidays. For 40- hour schedule employees, including Fire Prevention Inspectors and 53-hour schedule employees provided with Light Duty assignments, the Department shall determine the number of employees who may be permitted leave use in accordance with operational demands. 53-hour schedule employees who are provided a 40-hour Light Duty schedule shall not be denied the use of previously approved vacation leave, provided they notify the Fire Chief prior to the beginning of the Light Duty assignment of their intent to utilize the previously approved vacation leave. However, should such employees elect to not utilize previously approved vacation leave while on the 40-hour schedule, they shall be responsible for the subsequent scheduling of the days within the available slots or will risk losing the days. The Fire Chief may approve vacation leave for less than 24-hour increments for employees with approved Family Medical Leave Act (FMLA) paperwork on file. The need for time off must be for an approved FMLA need. Vacation leave for FMLA purposes is exempt from the seven-employee maximum and three per classification rules. Vacation leave will be utilized after sick leave and floating holidays have been exhausted. 2. The borrowing of vacation time prior to its accrual is prohibited. 3. There is no advancing of vacation pay. 4. New employees may not take vacation until they have completed one year of continuous service. 5. If a holiday occurs during vacation leave, the employee will be paid holiday pay. 6. An employee who has more than 90 calendar days of unpaid leave, shall receive no vacation leave for that payroll calendar year. 7. Scheduling of Vacation a) Bargaining unit members will be contacted in the order of department seniority for the selection of vacation. Vacation days may be picked in either a 3- or 6- duty day block for 53- hour schedule personnel or a 5- or 10I0- duty day block for 40-hour schedule personnel the first time through. A block, as published on the vacation schedule issued by the Department, shall consist of a designated 3 or 6 duty day grouping beginning and ending with 4 days off for 53-hour schedule personnel, or a designated 5 or 10IO duty day grouping beginning and ending with a weekend for 40-hour schedule personnel. When a Kelly Day occurs within a duty block selected for vacation by a 53-hour schedule employee, vacation leave will only be charged for the actual duty days and not for the Kelly Day. After all personnel have been contacted for their first pick, the second round will begin. All 53-hour schedule personnel who have selected a 3-day block and all 40-hour schedule personnel who have selected a 5-day block on the first round will be recontacted in the order of department seniority for their second selection on the second round. 34 b) After all personnel have been provided the opportunity to pick their primary six or ten days of vacation in blocks, employees will be permitted to submit requests to use any bonus days for 25 years of service, floating holidays, and sick leave incentive days. All personnel will be contacted by reverse seniority for the choosing of bonus days, floating holidays and sick leave incentive days. c) Should employees elect to pass on choosing any days during the vacation selection process above, they shall be responsible for the scheduling of their remaining days, which may be selected in 24- hour increments. 48-hours notice shall be required for the request to utilize such days, however the Fire Chief or his/her designee shall have the sole discretion to approve such requests if practicable when provided with less than 48 hours notice. If the employee waits too long and there are no available slots left, they will risk losing the days. Floating holidays may be submitted for pay in accordance with this Agreement. Additional vacation days will be lost or can be donated to the Department leave pool. However, no employee shall be permitted to donate more than three days of leave per year to the pool. d) All vacation days not submitted are subject to forfeit in accordance with the above except by permission of the Fire Chief. e) The linking of scheduled days for 53-hour schedule personnel shall not exceed 9 consecutive duty days, except by special permission of the Fire Chief. If more than 9 days are linked, the employee shall be responsible for any training required to maintain certification that is missed during the scheduled time off. The Department will make every effort to schedule this training while the employee is on duty. If this cannot be done, then it is the employee's responsibility to complete the required training on his/her own time. f) The changing of sick leave incentive days for previously used floating holidays is not allowed. g) When an employee is assigned to a different shift or changes job classification after his/her vacation selection has been completed and approved by the Department, the employee may request to maintain the previously selected vacation or may request alternate vacation days instead. The Department will attempt to accommodate such requests as staffing levels and operational requirements permit. h) Should any previously chosen vacation days associated with or adjacent to designated City holidays or any additional days designated by the Union at the initial vacation selection period become available due to personnel shift changes, Light duty assignments of personnel, or forfeiture of previously scheduled days, the Union shall be responsible for re-assigning the available days. Re- assignment shall be in accordance with Department standards for staffing and leave. The union shall designate one person per shift as the contact person for the re-assignment of vacation days and who shall be responsible for forwarding the information to the Fire District CommanderAssistant Chief for scheduling. C. Payment and Accrual During Military Leave 1. An employee granted an extended military leave of absence in accordance with the City Emergency Military Leave Policy shall be permitted to be paid any portion or all of his/her accrued vacation leave when the employee begins the extended military leave. 2. An employee returning from an extended military leave of absence shall accrue vacation leave as provided by law. 35 D. Conversion To Sick Leave or Funeral Leave During Vacation Leave 1. The employee may request that vacation leave be changed to sick leave if the employee or member of the employee's immediate family becomes ill while the employee is on vacation leave. 2. The employee may request that vacation leave be changed to funeral leave provided the request is consistent with the article on Funeral Leave. 3. Requests for such changes must be made in writing to the Fire Chief or designee within 72 hours of the employee's return to work. E. Payment of Unused Vacation Leave 1. Payment of unused vacation leave and banked vacation hours will be paid at the employee's current base rate of pay upon separation of the employee, provided the employee has more than one year of continuous service, or such hours may be utilized to advance the date of retirement. 2. When a bargaining unit member is required to work a partial day on any day that he/she has previously been approved for vacation leave, the employee's vacation leave balance shall not be charged for the hours worked and such hours worked shall be paid at the overtime rate of pay but shall not be subject to the minimum hours assigned to holdover or call back in accordance with this Agreement. Should the number of vacation hours not charged due to such circumstances equal twelve hours or more, the employee shall be permitted to request to use the portion of such hours equaling a twelve-hour block in accordance with Paragraph B.,7. above. The employee shall be permitted at the end of the calendar year to request payment for any remaining balance of less than twelve vacation hours not charged due to having worked a partial day, in accordance with the established provision for the payment of floating holidays as outlined in this Agreement. F. Banking of Vacation 1. The practice of banking vacation for retirement shall be limited to 240 hours for 53-hour schedule employees and 172 hours for 40-hour schedule employees. Section 3. Sick Leave A. Accrual Rate 1. Members of the bargaining unit shall accrue sick leave in accordance with the schedule below: Biweekly Hours Total Hours Accrual Rate Per Pay Hours Capped 106 134.42 5.170 2184.00 80 96.01 3.6963 1560.00 2. The number of yearly pay periods sick leave is accrued is 26. B. Sick leave may be accumulated for each of the 26 accrual pay periods the employee actually works, up to a maximum as shown above. Actual work includes periods when the employee is using accumulated sick leave (but not sick leave pool), holidays, vacation with pay, and the no- loss-of-pay sick time. Employees shall not accrue sick leave during any other period of time when they are in a non-paid status or utilizing "retirement advancement". 36 C. All accumulated unused sick leave shall be credited to any employee recalled from a lay off, transferred, or certified to another department or classification without break in service, appointed from a reemployment list or returning from a leave of absence. If the employee is promoted, demoted or transferred to another City position with a different Scheduled Pay Period Hours other than that defined above, that employee's sick leave balance will be adjusted to reflect equivalent days of sick leave earned, consistent with his/her new scheduled pay period hours. D. In the event an employee has been separated and paid for accumulated unused sick leave as hereinafter provided or has been dismissed for cause and subsequently is re-employed by the City, his/her subsequent sick leave accumulations shall be calculated as a new employee. E. Under the provisions of this section, an employee may utilize his/her sick leave for absences from duty resulting from illness or injury to the employee or a family member on any of his/her regularly scheduled work days for the number of regular hours he/she would otherwise have been scheduled to work on that day had not such absence occurred. Absence for a fraction of a day that is chargeable to sick leave in accordance with these provisions shall be charged by rounding to tenths of an hour according to the following: Minutes 1 - 6 7 - 12 13 - 18 19 - 24 25 - 30 31 - 36 37 - 42 43 - 48 49 - 54 55 - 60 Tenths of an Hour .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 F. Sick leave shall not be considered a privilege to be used at the employee's discretion, but shall be used only for absences: 1. Due to personal illness or physical incapacity caused by factors over which the employee has no reasonable immediate control. 2. Necessitated by exposure to contagious disease in which the health of others would be endangered by his/her attendance on duty. 3. Due to medical or dental appointments, or other personal sickness prevention measures, the scheduling of which at times other than during his/her regular working hours is impossible or unreasonable. 4. Due to illness of a member of his/her immediate family which requires his/her personal care and attention. The term "Immediate Family" as used in this paragraph shall be limited to spouse or 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, foster-child(ren), minor-guardianship(s), brother, sister, grandparent, grandchild, great-grandchild, stepparent, or 37 stepchild, domestic. Employees may be required to produce legal justification for Foster Child(ren)/Minor Guardianship(s). Sick leave will be accrued on a biweekly basis based on hours in a paid status. An employee may utilize his/her accumulated sick time due to an illness in his/her immediate family (as that term is defined above). 5. If an employee is under a doctor's care or if a member of the employee's immediate family is under a doctor's care and the doctor certifies that the employee's personal care and/or attention is required, said time of absence shall not be considered as grounds for any discipline, provided that personal sick leave is not used in excess of accumulated sick leave. G. An employee absent for one of the reasons mentioned above shall inform his/her immediate supervisor as early as possible on the first day of absence. Failure to do so may be the cause for denial of sick leave with pay for the period of absence. In any event, the Departmental Rules shall govern the notification requirements. H. Payment for Unused Sick Leave Upon separation from City service, an employee shall be paid one-half of his/her accumulated unused sick leave. The rate of payment shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The employee qualifies for payment if: 1. The employee has had at least 20 years of continuous service with the City. Leaves of absence without pay, suspensions and layoffs followed by subsequent re-employment shall not be considered as breaks in service. The length of such time off or layoff shall be deducted from the total length of service. Military leaves and leaves during which the employees are receiving Workers' Compensation shall not be deducted from continuous service; or 2. The separation is involuntary on the part of the employee including disability (incurred on or off the job) and layoffs; or 3. The employee's estate shall receive payment if an employee dies. An employee who has been dismissed for cause or who resigns voluntarily shall have no claim for sick leave payment. An employee who may otherwise be eligible for retirement under the City Employees' Pension Plan or Federal Social Security, or who may be approaching such eligibility date, and whose purpose in leaving is to retire under either program, may utilize one-half of his/her accumulated unused sick leave to the extent thereof to advance his/her retirement date. In that event, the employee shall execute a resignation to become effective on the date that such accumulated unused sick leave would be exhausted. Such resignation shall be irrevocable, and retirement shall begin at the time such resignation becomes effective. In the interim, payment for accumulated unused sick leave shall be made as a continuation of the employee's regular pay from which all regular payroll deductions shall be made in order to preserve his/her retirement status. Accumulated unused sick leave will be charged as outlined in paragraph (1) of this subsection. 38 I. An employee may not utilize his/her accumulated sick leave absence for absences resulting from an injury arising out of and in the course of employment, other than City employment, for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment, other than City employment, may be terminated or suspended, as in the City's judgment, is appropriate. J. Except in the cases of injury incurred in the line of duty with the City, employees shall not be entitled to use sick leave until the completion of six calendar months of continuous service following the date of original appointment. K. The employee may be required to submit evidence "in the form of a medical certificate, of the adequacy of the reasons for his/her absence during the period of time for which sick leave is granted when requested by the Department Director. L. An on-duty employee injured in an accident, arising out of and in the course of his/her City employment, may elect to be continued on the payroll to the extent of his/her accumulated unused sick leave as hereinafter provided. An employee receiving sick leave with pay under the provisions of this subsection who simultaneously receives income under the Workers' Compensation Act shall receive, for the duration of such income and to the extent of his/her accumulated unused sick leave, only that portion of his/her regular rate of pay (see Article 9, Section 4) which will, together with said income equal his/her regular rate of pay at the time of injury. In that event, the employee's accumulated unused sick leave shall be charged only in the same proportion as his/her sick leave payment is to his/her regular biweekly salary which shall be deemed to be that same proportion of the number of regular hours he/she would otherwise have been scheduled to work for the day, week or other period involved, rounded out to the nearest tenth of an hour. M. The use of sick leave for purposes other than those designated herein will be considered a major rule infraction. N. Sick Leave Incentive Program 1. Following any full payroll calendar year period that a bargaining unit employee uses no sick leave, the employee will be allowed to convert two days of sick leave to Sick Leave Incentive Days or the cash equivalent based upon the employee's current base hourly rate of pay. 2. Following any full payroll calendar year that a bargaining unit employee uses between one-tenth of an hour and the equivalent of two days of sick leave the employee will be allowed to convert one day of sick leave to a Sick Leave Incentive Day or the cash equivalent based upon the employee's current base rate of pay. 3. Employees shall be required to submit notice of their choice of the above within 30 days of Sick Leave Incentive eligibility notification or shall have no sick days converted. 39 0. Sick Leave Pool A joint leave pool will be established by members of the International Association of Fire Fighters bargaining unit, such leave pool to be available for use by members subject to the following provisions: 1. The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury, whether job-connected or non-job-connected, or serious illness or injury to a family member covered under the family sick leave policy. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than 30 calendar days. 2. A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purpose and limitations. a) The committee shall consist of three members designated by the bargaining unit, one management employee designated by the Fire Chief, and one management designee of the City Manager. b) The committee shall review employee needs and circumstances consistent with the provisions of the leave pool and shall determine eligibility for and the amount of pool leave time that may be provided to employees. The committee may establish procedures, forms, and other rules necessary for its effective operation, provided they are consistent with the provisions of this section. c) The committee's decisions are final and are not grievable. 3. Bargaining unit members may donate days from their vacation, floating holiday, or sick leave balances to the leave pool one time per year in January. a) No employee shall be permitted to donate more than three days of leave per year to the pool. In the event that the leave pool becomes insufficient to provide leave days, the committee may, with the prior approval of the City Manager or designee, open up the opportunity for additional donations to be made during the calendar year. This shall be limited to one time per year; however, the 3-day donation limit shall not be modified. b) All donations of pool leave time must be in full-day increments based on the employee's full-time regularly scheduled day (i.e. an 8-hour or 24-hour day is a full day). c) Donations of pool leave time are irrevocable. d) No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day for day. 4. When pool leave time is authorized by the committee for use by an employee, it shall be on a day-for- day basis, irrespective of whether the employee works an 8-hour or 24-hour shift. An employee using leave pool time shall receive regular base pay and his/her regular shift pay; however, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). 5. Pool leave time not used in a given year by the employee receiving the donated pool leave time shall be returned to the leave pool and carried over to the next year. No donated pool leave time will be refunded to the donor. 40 Section 4. Funeral Leave A. 53-hour schedule employees shall be allowed up to three (3) consecutive shifts off with pay and 40 hour schedule employees shall be allowed up to four (4) consecutive duty days off with pay in the event of a death in the immediate family which shall be limited to spouse or 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, foster-child(ren), minor-guardianship(s), brother, sister, grandparent, grandchild, great-grandchild, stepparent, or stepchild. This is not chargeable to sick leave. Employees may be required to produce legal justification for foster Child(ren)/Minor Guardianship. B. 53-hour schedule employees shall be allowedgranted up to two (2) consecutive shifts off with pay and 40- hour schedule employees shall be allowed up to three (3) consecutive duty days off with pay in the event of a death of a member of the “Close” family chargeable to sick leave. in the extended “Close” family shall be, specifically defined as the following family members: sister-in-law, brother-in-law, step-brother, or step-sister, brother’s wife, sister’s husband or other member of the employee’s immediate household. The Fire Chief may grant funeral leave to employees for the death of other household members. This leave is chargeable to sick leave. C. Additional time off may be granted by the Fire Chief, or his/her designee and shall be chargeable to sick leave. Furthermore, any employee availing himself/herself of a provision in this section must notify the Fire Chief or his/her Fire District CommanderAssistant Chief of such intent as soon as possible. Section 5. Absence Without Leave A. Any employee who is absent from duty for two consecutive work days for 53-hour schedule employees and three consecutive work days for 40-hour schedule employees without notice and valid reason therefore shall be deemed to have voluntarily terminated his/her City employment and to have vacated his/her position and will be separated from the payroll as a dismissal, unless a leave of absence is subsequently granted under any of these rules. B. The failure of an employee to report for duty at the expiration of a leave of absence or vacation leave with or without pay, shall be deemed an absence without leave. Section 6. Time Off From Duty A. An employee may be granted necessary time-off from his/her duties with compensation for any of the following reasons, when such time off does not, in the judgment of the Fire Chief, interfere with the operation of the Department. 1. Attendance at professional or other conventions, institutes, courses, classes, seminars or meetings when such attendance is approved in advance by the Fire Chief or his/her designee. Attendance will be at the discretion of the Fire Chief except when the requested leave is for promotional exams which will get first priority. 2. Attendance at in-service training and other in-service meetings when approved by the Fire Chief or his/her designee. The provisions of this paragraph shall be deemed to include authorized safety meetings. 41 3. The President, Secretary-Treasurer, or designee of the Union shall be granted Union time-off to attend state and international conventions, provided a minimum of one month's written notice is given to the Fire Chief. B. The Union may, upon request, be allowed up to 400 duty hours per fiscal year to be excused for Union business, conferences, training, and Executive Board meetings pertaining to the City of Clearwater. Any such request must be initiated in writing to the Fire Chief or designee, and will give the name of the person wanting off, date the person is to be off, and the number of hours the person will be off. Time off from duty under this provision must be approved by the Fire Chief or his/her designee and must be taken in not less than four-hour increments. Absences for Union time excluding the Union president/designee shall count toward the total number of seven employees permitted to be absent for personal leave on any given shift. Any unused portion of the balance is to be carried over into the next contract year. Any use of City facilities for Union-related business shall require written request at least 48 hours in advance to the Fire Chief, which may be granted or denied at his/her sole discretion. Executive Board members only shall be permitted to conduct/attend Executive Board meetings while on duty with no charge to the aforementioned Union time, with the prior approval of the Fire Chief or his/her designee, provided 48 hours notice is given, and further provided that such meetings will cause no adverse impact to Department operations. Off-duty Executive Board members shall not be eligible to receive any compensation for time spent attending such meetings. Union officials utilizing union time shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. In any event, absence from duty for union business shall not be approved which requires a union official to be off duty for periods in excess of three consecutive scheduled work shifts. Extension of any consecutive time off for union officials, over and above the three consecutive shifts, may be granted solely at the discretion of the Fire Chief. Requests for union time off must be made on the designated form. Jointly related business between the City and the Union shall not be subject to deduction from the bank, however, the Union acknowledges that such time needed for arbitration hearings will be chargeable to the account. In any event, the Fire Chief or his/her designee, may at his/her discretion deny any request not made at least 72 hours in advance and submitted by a Union Officer, or which renders the Department staffed below that level which the Chief determines to be necessary. Section 7. Right to Contribute Work In the event that an employee's illness or physical incapacity should continue beyond the point where his/her accumulated sick leave, if any, has been exhausted, he/she may request to have other qualified employees of the Department perform his/her regular duties; provided that such substitution would not require overtime compensation for the substitute and the maximum allowable contributed time to any one employee is a total of 90 calendar days for the duration of this contract. Section 8. Military Leave Any regular or probationary employee in the classified service being inducted or otherwise entering the armed forces of the United States in time of war, or pursuant to the Selective Service Act of 1948 as amended, or of any other law of the United States, shall be granted military leave of absence without pay for the period of the military service required of him/her, and on completion thereof be reinstated in the City service in accordance with the following regulations: 42 A. Military leaves shall be granted in accordance with the provisions herein except where said provisions may be superseded by Federal or Florida Law: 1. For inductees, the minimum period of time required to be served. 2. For enlistees in time of war, the period of the first minimum enlistment, or for such additional period of time required to be served. 3. For reservists, the minimum period of time required to be served. 4. For pre-induction physical examination when so ordered by a Selective Service Board, time off shall be granted for the minimum period necessary to comply with such order, but shall in no case exceed two (2) regularly scheduled work days. 5. For required active or inactive training duty as a member of a Reserve Component or the National Guard falling on the employee's regularly scheduled work days, the employee shall be allowed up to a maximum of two hundred and forty (240) working hours per calendar year without loss of pay. Absences from duty for required military reserve training in excess of two hundred and forty (240) working hours per calendar year or for any non-required military reserve training for which the employee initially volunteered shall not be compensated for by the City. A copy of the employee's military orders certifying his/her training assignment shall be submitted by the employee to the Fire Chief and the Human Resources Department immediately upon receipt by the employee. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the two hundred and forty (240) working hours provided above will be granted time off without pay. Due to the unique 24 hours shift schedule, the employee may break the absence time into 12 hour blocks and will be charged for a 6 hour block of time in order to facilitate travel and military duty requirements. The employee shall be required to provide timely notice of such training assignments to the City of such training assignments. Failure to provide any of the timely notices herein required of an employee's military orders to the Fire Chief and the Human Resources Department shall be considered just cause for disciplinary action not to exceed a three (3) day suspension. B. For the purposes of this Section, "armed forces" shall be defined to include: 1. The Army, Navy, Marine Corps, Air Force and Coast Guard. 2. The auxiliary services directly necessary to and actually associated with the armed forces of the United States, as may be determined by the City. C. Application for reinstatement must be made within 90 calendar days from date of discharge or release, or from hospitalization continuing after discharge for a period of not more than one year. Such application shall be in writing to the Human Resources Director and shall be accompanied by evidence of honorable discharge or release. D. Upon return from military leave, the employee shall be reinstated in the City service in accordance with the following regulations: 1. If still qualified to perform duties of his/her former position, the employee shall be restored to position or to a position of like seniority, status and pay; or 43 2. If not qualified to perform the duties of his/her former position by reason of disability sustained during such service but qualified to perform the duties of any other position in the employ of the City, the employee shall be restored to such other position, the duties of which the employee is qualified to perform, as will provide the employee with like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in his/her case. 3. In the event no vacancy exists in the appropriate class and there is an employee in such class serving a probationary period who has not acquired regular status, then such probationary employee shall be laid off and the returning employee reinstated. 4. If a returning employee has regular status and cannot be reinstated under the prov1s1ons of paragraph (3) above, then the employee having been employed in the appropriate class for the shortest period of time shall be laid off and the returning employee reinstated. 5. A returning employee shall have the same status as prior to the beginning of his/her military leave. The employee shall be allowed to take any subsequently administered examination for promotion after return that he/she would have been eligible to take had he/she not been on military leave, and shall be required to complete any uncompleted period of probation. No grievance shall be filed or processed by any other employee or the Union in connection with this paragraph. 6. The employee shall submit to such medical and/or physical examinations as the City Manager shall deem necessary to determine whether or not such military service has in any way incapacitated him/her for the work in question; provided however, that as far as practicable any employee returning with disabilities shall be placed in such employment as the City Manager shall deem suitable under the circumstances. 7. Any regular or probationary employee receiving a dishonorable discharge from the armed forces shall not be reinstated to any position in the City service. 8. An employee granted a military leave of absence shall, insofar as possible, have all the rights and privileges he/she would have had if he/she had remained on duty including cumulative seniority, and except as otherwise provided in these Rules and Regulations, all other benefits dependent on length of employment to the same extent as if the employee had not been absent on such leave. An employee returning from military service shall be reinstated to active City service at the earliest possible date following application for such reinstatement, consistent with the best interests of the City service and taking into consideration necessary adjustments of staff. However, in no event shall this period be more than thirty (30) calendar days. The City shall have the right as part of directing the employee's duties upon returning to work, to assign the employee to such training as is necessary in its judgment to ensure the employee's familiarity with job duties and knowledge. 9. Eligible employees will be paid in accordance with Sections 115.09 and 115.14, Florida Statutes. 44 ARTICLE 9 WAGES AND COMPENSATION Section 1. Pay Schedule Base for October 2021 Base for October 2022 Base for October 2023 Firefighter $46,000 - $73,000 $48,200 - $75,200 $50,400 - $77,400 Firefighter/Driver Operator Fire Inspector I $53,000 - $80,000 $55,200 - $82,200 $57,400 - $84,400 Fire Medic $58,000 - $85,000 $60,200 - $87,200 $62,400 - $89,400 Fire Lieutenant Fire Inspector II $66,000 - $93,000 $68,200 - $95,200 $70,400 - $97,400 Fire Medic Lieutenant $74,000 - $101,000 $76,200 - $103,200 $78,400 - $105,400 Effective on the first day of the payroll period that includes October 1, 2021, pay ranges for all classifications are set forth in this Section 1 Pay Schedule. Employees will receive a one-time pay adjustment. This adjustment is calculated by adding $1,800.00 for each year of completed service with the Clearwater Fire & Rescue Department, as of October 1, 2021, (up to a maximum of 15 years) to the base starting salary of the employee’s job classification. Employees shall not exceed the maximum annual rate of pay as provided in this Section 1 Pay Schedule. Employees who are above the maximum annual rate of pay will not receive any increase in pay. Effective on the first day of the payroll period that includes October 1, 2022, the City shall provide a $2,200.00 general wage increase for all employees, as set forth in this Section 1 Pay Schedule. Employees shall not exceed the maximum annual rate of pay as provided in this Section 1 Pay Schedule. Employees who are above the maximum annual rate of pay will not receive any increase in pay. Effective on the first day of the payroll period that includes October 1, 2023, the City shall provide a $2,200.00 general wage increase for all employees, as set forth in this Section 1 Pay Schedule. Employees shall not exceed the maximum annual rate of pay as provided in this Section 1 Pay Schedule. Employees who are above the maximum annual rate of pay will not receive any increase in pay. Any further general wage increase after September 30, 2024 will be dependent upon and subject to negotiations in any successor Agreement. The pay schedule shall be in accordance with Appendix A Effective for the beginning of the payroll period that includes October 1, 2018, pay ranges for all classifications shall be adjusted by 3%, and the City shall provide a 3% general wage increase for all employees. Effective for the period from October 1, 2018 through September 30, 2019, employees shall be advanced in Step as provided for in Section 2 of this Article. Effective for the beginning of the payroll period that includes October 1, 2019, pay range 45 minimums and maximums shall be adjusted by 3%, and the City will provide a 3% general wage increase for all employees. Effective for the period from October 1, 2019 through September 30, 2020, employees shall be advanced in Step as provided for in Section 2 of this Article. Effective for the beginning of the payroll period that includes October 1, 2020, pay ranges for all classifications shall be adjusted by 3%, and the City shall provide a 3% general wage increase for all employees. Effective for the period from October 1, 2020through September 30, 2021, employees shall be advanced in Step as provided for in Section 2 of this Article. Any further step advancements after September 30, 2021 will be dependent upon and subject to negotiations in any successor Agreement. Section 2. Pay Schedule Format: Merit PayStep Increases Beginning on the first day of the payroll period that includes October 1, 2022 to the last day of the payroll period that ends prior to October 1, 2024, employees who receive a rating of Meets Standards or better on their annual performance review shall be provided Merit Pay of $1,800.00. Merit Pay will be paid in the payroll period that includes the date of the employee’s annual performance review. Employees shall not exceed the maximum annual rate of pay as provided in the Article 9, Section 1 pay schedule. Employees who are above the maximum annual rate of pay will not receive any increase in pay. Any further continuation of Merit Pay after September 30, 2024 will be dependent upon and subject to negotiations in any successor Agreement. in Article 9, Section 1in Article 9, Section 1.in Article 9, Section 1 A. The classes of Firefighter, Fire Inspector I, Firefighter/Driver-Operator, and Fire Medic shall have twelve merit steps. The classes of Fire Prevention Inspector, Fire Inspector II, Fire Lieutenant, and Fire Medic Lieutenant shall have nine merit steps. Merit steps two through six shall provide for approximately a 5% increase over the preceding step, and merit steps seven through thirteen shall provide for approximately a 2- 1/2% increase over the preceding step. B. Pay increases are not automatic but are management review rates and may be granted only upon receiving a rating of satisfactory or better on the annual performance review. Eligibility for review for within pay schedule increases shall be as follows: 46 Appointment and Merit Step Review and Advancement: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Original appointment or promotion At the end of one year of satisfactory service in Step 1. At the end of one year of satisfactory service in Step 2. At the end of one year of satisfactory service in Step 3. At the end of one year of satisfactory service in Step 4. At the end of one year of satisfactory service in Step 5. At the end of one year of satisfactory service in Step 6. At the end of one year of satisfactory service in Step 7. At the end of one year of satisfactory service in Step 8. At the end of one year of satisfactory service in Step 9. At the end of one year of satisfactory service in Step 10. At the end of one year of satisfactory service in Step 11. At the end of one year of satisfactory service in Step 12. If an employee's evaluation by management is rated satisfactory or higher, the approved merit pay increase shall become effective as of the date of the employee's eligibility therefore, except as provided in Section 3 below. Section 3. Merit PayStep Review - Increases and Delay or Denial Employees who receive a merit eligibility evaluation rating of Meet Standards or betterSatisfactory or higher shall be advanced as provided a Merit Pay Increase as provided in Section 2 above. Employees who receive a merit eligibility evaluation rating of less than Meet Standards Satisfactory shall not be granted a mMerit Pay Increase step advancement. Such employees shall be reevaluated after three months and if then rated Meet Standards satisfactory, shall be granted a merit paystep adjustment as of the date of the three-month follow-up evaluation. The effective date of the increase shall be utilized for the purpose of determining eligibility for future merit pay adjustmentsevaluation review and advancement to the next higher step. If the initial three months follow-up evaluation rating is still less than Meet StandardsSatisfactory, the employee shall be evaluated again in three more months. If then rated Meet StandardsSatisfactory or higher, the employee shall be granted a merit paystep adjustment as of the end of that second three- month follow-up period. The effective date of this increase shall be utilized for the purpose of determining eligibility for future merit pay adjustmentsevaluation review and advancement to the next higher step. If the employee is rated less than Meet StandardsSatisfactory on the second three-month follow- up evaluation, no merit pay adjustmentstep advancement shall be made; and the employee will be evaluated again one year from the date of the initial annual evaluation which was less than Meet StandardsSatisfactory. 47 Section 4. Rates of Pay A. Base rate of pay is defined as compensation at the rate prescribed for the job class in the Pay Schedule. B. Regular rate of pay is defined as base pay and any assignment pay if regularly assigned. C. Overtime is defined as one and one-half times an employee's regular rate of pay. Section 5. Annual Personal Resource Allowance A. All members of the bargaining unit who are actually working on January 1st of each year shall be provided an annual allowance of $440 per year, which shall be utilized to cover (1) the costs of laundering coat, shirts, pants, jumpsuit, and bed linens, (2) the replacement of personal items such as glasses, watches, hearing aids, etc., and (3) time spent attending the annual physical, except for 40-hour schedule personnel who shall attend on duty, but shall still receive the allowance. B. An employee who is on extended sick leave (60 days or more) or has been approved for regular disability retirement by the Pension Advisory Committee shall no longer be eligible for the personal resource allowance. C. The annual resource allowance shall be paid on a quarterly basis to eligible bargaining unit members who are actually working at the time of the quarterly payment, and shall reflect the appropriate amounts subject to withholding and not subject to withholding for tax purposes. Section 6. Mileage Reimbursement A. For each move a member of the bargaining unit is required to make, and use his/her own vehicle, after he/she has reported to his/her duty station, the City will provide reimbursement to the employee in accordance with Sec. 2.328 of the City of Clearwater Code of Ordinances; or, the City may elect to provide transportation. B. The mileage reimbursement rate shall be consistent with City Policy. C. This distance will be computed by the City, so that both the City and employee can refer to a standard table to ascertain the distance between any two Fire Stations. D. Request forms for mileage reimbursement must be made to the Fire Chief’s office monthly.Written requests for mileage reimbursement must be· made to the Fire Chiefs office on or before September 15. Requests received after September 15th shall be void and no reimbursement shall be required of the City. E. The Department will post a reminder notice at least 30 days prior to September 15. F. The money shall be paid by September 30 of each year. G.E.In the event that an employee is transported in a City vehicle under the provisions of this part, the City will provide the employee transportation back to his/her duty station at or before the end of the employee's tour of duty if the employee so requests. 48 Section 7. Special Teams Any employee who meets the current certification guidelines set forth by the Fire Chief and is specifically assigned to a Special Team on a scheduled shift shall receive fifty dollars ($50)thirty dollars per payroll period in addition to the current base rate of pay. Bargaining unit members who meet the current certification guidelines set forth by the Fire Chief and are assigned as team leaders shall not receive the Special Team pay as described above, but shall instead receive sixty dollars ($60)forty dollars per payroll period in addition to the current base rate of pay. Special Team training and assignments shall be made at the discretion of the Fire Chief or his/her designee and Special Team Pay will be provided to a maximum number of employees as follows: Dive Team - 6 per shift plus one team leader Technical Rescue Team- 8 per shift plus one team leader Emergency Response (SWAT) Team-4 per shift plus one team leader Employees may participate on more than one Special Team but shall be eligible to be compensated for one Special Team only. Additional employees may be permitted to participate in the training process only based on availability of funds. The department shall provide the initial issue of clothing and equipment particular to Special Teams and the replacement of clothing (shirt, pants, coat, and jumpsuit) will be the responsibility of the employee through the use of the annual Personal Resource Allowance. Initial issue Special Team clothing shall be the following: Dive Team Coat/Jacket 1 Jump Suit 1 Swim Trunks 1 Tee Shirt 1 Shorts 1 Technical Rescue Team Tech Shirt 3 Tech Pants 3 S.W.A.T. Team Shirt 2 Pants 2 DIVE 1 x Jacket 1 x Jumpsuit 1 x Swim Trunks 1 x Shirt 1 x Shorts TECH RESCUE 3 x Shirts 3 x Boots SWAT 2 x Shirts 2 x Pants 1 x Boots MARINE 1 x Shirt 1 x Swim Trunks An employee may be removed from a Special Team assignment if he/she is unable to participate for a period of 30 days or more for reasons other than scheduled leave. Special Team pay may be discontinued at any time should the City no longer continue to provide the designated service. Section 8. EMS Wages A. All employees shall receive pay in accordance with Pay ScheduleAppendix A. 49 B. Employees assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver-Operator, and Fire Lieutenant who are State of Florida and Pinellas County certified as a Paramedic, and who agree in writing to be willing to serve in an acting capacity as a Fire Medic or to be assigned as a Paramedic on an ALS unit when called upon by the Department to do so, shall receive a Paramedic certification pay differential of $100.00 per payroll period. Such employees shall be eligible to receive Acting Pay in accordance with Paragraph C below in addition to the biweekly certification pay. Such employees who elect to receive the Paramedic certification pay differential shall be required to provide written notice of their intent to no longer be willing to serve in an Acting capacity as a Fire Medic or as an assigned Paramedic on an ALS unit and thereby no longer receive the $100.00 per payroll period certification pay differential at least 30 calendar days prior to the end of the payroll period in which they wish to effect the change. Upon the effecting of such requests by the Department, the affected employees shall not be eligible to receive the Paramedic certification pay differential for a period of six months. Employees assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver- Operator, and Fire Lieutenant who are State of Florida and Pinellas County certified as a Paramedic and who do not agree to be willing to serve in an Acting capacity as a Fire Medic or as an assigned Paramedic on an ALS unit and thereby not receive the $100.00 per payroll period certification pay differential shall be eligible to elect to be assigned as a Paramedic to an ALS unit on a voluntary basis, and when so assigned on an ALS unit shall be compensated in accordance with paragraph C below. C. Employees assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver-Operator, or Fire Lieutenant who are state and county certified as an E.M.T. or Paramedic, and who are not receiving Acting pay, and who are assigned on an ALS unit will receive assignment pay of 5% above the employee's current base rate of pay for all hours served on the ALS unit. D. The Department agrees to publish a semiannual list of the dates of expiration of all E.M.T. and Paramedic certifications. Section 9. Training and Tuition Refund A. Members of the bargaining unit shall be entitled to participate in a tuition reimbursement program provided that all classes are off-duty, except for promotional courses for the positions of Lieutenant and/or Fire District CommanderAssistant Chief where department policy will be followed. However, the City and the Union may agree to pro rate such tuition reimbursement for classes which cross both on-duty and off-duty time. B. The tuition refund for members of the bargaining unit shall be up to $17001500 per year for each year of the agreement. However, if classes taken by a bargaining unit member pertain to an advanced degree program (Masters Degree or higher), then up to $20001800 of tuition paid for such classes shall be reimbursable. C. Participation in Tuition Refund will not imply any eligibility for school time pay nor will it impose any obligation to the City under FLSA. D. Except for training requirements occasioned by extended vacations, when a bargaining unit member is directed by the Department to attend classes, the member will be compensated for the hours spent in accordance with the law. E. The City shall provide and maintain reasonable training grounds and facilities. F. The City agrees to pay the tuition only for classes required as part of a State of Florida Paramedic 50 certification program for up to one bargaining unit member per shift or 3 members total, whichever is greater, for each year of this Agreement provided that the classes are offered in such a manner that the employees may attend the classes during non-duty hours, and such class hours shall not be counted as hours worked. Should such classes not be available in a manner that the employees may attend during non- duty hours, the Fire Chief in his/her sole discretion shall determine whether to release the employees from duty for only the hours necessary to attend the classes. In such case, the employees shall be expected to serve the remaining hours of any shift for which they are scheduled. Any prerequisite classes necessary to participate in a State of Florida Paramedic certification program shall only be subject to the tuition reimbursement provisions outlined in Paragraphs A-D above and in accordance with established Department guidelines to determine whether or not the class hours constitute compensable time. Any existing employee who obtains a State of Florida Paramedic certification through the process outlined in this Section shall be required to comply with the requirements necessary to obtain and maintain certification as a Paramedic in Pinellas County, and shall be required to remain with Clearwater Fire and Rescue and serve as a Fire Medic when called upon to do so for a period of five years or shall be subject to repayment of any costs incurred by the Department for such classes. Should an employee voluntarily leave the department or be permitted to voluntarily demote to a non- paramedic classification in accordance with this agreement before the end of the five year period, the amount of such repayment shall be prorated by 3- month increments with the employee being required to pay the prorated amount corresponding to the number of remaining full 3-month periods not served. Section 10. Clothing and Equipment A. The City shall continue to provide the initial clothing and protective devices currently supplied, or their equivalent, and initial safety equipment currently supplied, without cost to the employee. Employees shall be required to wear or use the clothing or other items provided unle ss a suitable replacement as determined and approved in advance by the Department is provided by the employee at the employee's own cost. The employee will replace any lost or abused equipment that has been supplied by the Department by purchasing the lost or abused equipment from the Department at the value of the lost or abused equipment, as determined by the Fire Chief. Initial issuance for all new employees shall be in compliance with the table below. Item Description Suppression / EMS Inspection Bunker Cost 1 As Assigned Bunker Pants 1 As Assigned Firefighting Boots 1 As Assigned Firefighting Gloves 1 As Assigned Firefighting Helmet 1 As Assigned Firefighting Mask 1 As Assigned Firefighting Regulator 1 As Assigned Firefighting Suspenders 1 As Assigned Nomex Hood 2 As Assigned Safety Vest 1 As Assigned Howd Strap 1 As Assigned Flashlight 1 As Assigned Item Description Suppression / EMS Inspection Coat 1 1 51 Pants 6 8 Shorts 2 T-Shirt Short Sleeve 8 T-Shirt Long Sleeve 3 Class A – Short Sleeve 6 3 Class A – Long Sleeve 1 1 Sweatshirt 1 Jumpsuit 1 1 Hat 1 Tie 1 Badge 1 2 Nametag 1 1 Collar Insignia Sets 2 1 Blanket 1 Pillow 1 ID – City 1 1 ID – County 1 1 Safety Shoes 2 pairs 2 pairs Personal Escape Rope 1 Polo Shirt *Lt. Rescue receives 2 4 B. The following equipment will be supplied initially to each employee: Quantity Suppression and EMS Inspection Coat 1 1 Pants 6 8 Class A Shirts Short Sleeve 6 7 Long Sleeve 1 1 T-Shirts Short Sleeve Long Sleeve 8 3 @ employee option) Shorts 2 Sweatshirt 1 Jumpsuit 1 1 Hat 1 Tie 1 Badge* 1 2 Nametag 1 1 Collar Insignia (set(s), as necessary) 2 1 Blanket 1 Pillow 1 Bunker Coat 1 As assigned Bunker Pants 1 As assigned Helmet* 1 As assigned Firefighting Boots (pair) 1 As assigned Firefighting Gloves (pair) 1 As assigned Air Mask/Personal Regulator 1 each NomexHood 2 Suspenders 1 Safety Vest 1 1 Howd Strap 1 1 52 City and County ID 1 each 1 each Flashlight 1 Personal Escape System/Carabiner Assembly 1 Steel Toed Uniform Shoes 2 pairs C.B. All employees will be provided an initial issue of any new items in addition to those on the list above when such items are required by the Department. Equivalent variations of clothing items on the list above, such as coats, shirts, and pants, may be provided by the Department to all newly hired employees and shall be available to existing incumbent employees through the use of the personal resource allowance as defined in this Agreement. D.C. All items issued by the Department shall be returned to the Department before an employee leaves the service of the Department either by termination, resignation, retirement, etc. Should any such items not be returned, the City shall withhold from the employee's final paycheck an amount sufficient to reimburse the City at a pro-rated replacement cost of the equipment. E.D. The Department shall issue and maintain uniforms and equipment to personnel it determines necessary in order to provide an Honor Guard presence as the City deems appropriate and subject to the availability of funds. It is understood that the decision whether to have an Honor Guard, and who shall be designated to participate, rests with the Fire Chief in his sole discretion. Any items issued to Honor Guard personnel shall remain the property of the Department and shall be returned upon separation in accordance with Paragraph C of this Section above. F.E. The Department shall annually replace the established by the Department. following uniform items m accordance with procedures Pants Pants (tactical) Shorts Short Sleeve Tee Shirts Short Sleeve Shirt Jump Suit Long Sleeve Tee Shirts Polo Shirt (Inspection Only) Polo Shirt (Lt. Rescue) Safety Shoes 3 pair 1 pair 2 pair 6 1 1 every 2 years 3 2 1 2 Section 11. Standby A. Fire Prevention Inspectors, Fire Inspector II, and Fire Inspector I, (both primary and back-up), who are assigned to remain in a standby status while not on duty shall be paid at the following rates during the term of this agreement: Monday through Friday $40.00 per night Weekends $50.00 per day Extended Time During Designated Holidays $50.00 per day 53 B. Standby assignments are mutually exclusive of call-in and holdover provisions of this agreement. Nightly standby (Monday - Friday) shall begin at the end of each regular workday and shall end at the beginning of the next workday (16-hour period). Weekend standby shall begin at the time which would be the employee's normal starting time on Saturday and shall conclude at the beginning of the employee's regular workday on Monday (48-hour period). Extended Time During Designated Holiday shall apply when then employee assigned to standby continues in standby assignment for an 8-hour extended period on a designated holiday. In addition to the above, an employee who is called out to work while on nightly or weekend standby duty shall be credited with one hour work time or the actual hours worked during the entire standby period, whichever is greater. C. The Department retains the discretion but is not required to assign a take-home vehicle to Fire Prevention Inspectors who are subject to standby. Section 12. Paycheck Issuance Pay advicechecks shall be available via the Employee Self Service (ESS) Portal.on the same day that the paycheck is dated, to be issued to employees both on-coming and off-going shift at their assigned station. Until the checks or vouchers are issued to the employees, they shall be secured at a location at each station. Employees shall be required to elect to receive the entirety of the pay in either standard hard copy paycheck format or through direct deposit by electronic transfer, and will not be permitted to split their pay between the two mediums. Employees electing to receive standard hard copy paychecks may pick them up from Fire Administration during normal business hours. Employees may elect to change from one payment medium to the other at any time provided written notice of fourteen calendar days is given to the City's Payroll division. ARTICLE 10 INSURANCE Section 1. Life Insurance All life insurance premium contributions and plans currently in force shall continue for the duration of this Agreement. The selection of an insurance company shall be free and without prejudice and of the employee’s choice from the companies offered by the City, with the approval of the Insurance Committee. The Union agrees to participate with the Insurance Committee in making decisions regarding life insurance. The City shall no longer permit any new enrollment in the 1% Life Insurance Program. Bargaining unit employees who are enrolled as of the effective date of this Agreement may continue to participate provided, they maintain their participation on a continuous basis thereafter. Any employees who currently participate and choose to discontinue their enrollment will not be permitted to re-enroll in this benefit again at a later date. 54 Section 2. Death Benefits The current practice of paying accrued rights and benefits to the designated beneficiary or next-of- kin upon the death of an employee shall continue. Section 3. Health Insurance The City agrees to meet with the I.A.F.F. and other City of Clearwater union representatives to review the health insurance program for the purpose of reducing the cost of such program for the City and the employees. The City further agrees to provide the I.A.F.F. with such information as would be required to formulate such a benefit package and to cooperate with the I.A.F.F. and other unions to obtain pertinent information from the present carrier. The City agrees that for the calendar year occurring within the first year of the agreement, the City shall contribute toward the medical insurance premiums for employees and their dependents in the amount approved for the plans approved by the City Council. The City agrees to maintain the current Benefits Committee recommendation process culminating in final action by the City Council to determine medical insurance premiums for employees and their dependents for the duration of this Agreement. The City further agrees that during the life of the agreement, the City will make available to employees the option of at least one health insurance plan for which the City shall pay 100% of the premium for the employee only base benefit plan cost, it being understood that such base plan may provide a different level of benefit than that which is currently provided. Additional coverage for the family or spouse, as well as any enhancements or “buy ups” to the base plan will continue to be paid for by the employee. Any information received by either party from the consultant or from another carrier will be shared with the other party. ARTICLE 11 PERFORMANCE AND DISCIPLINE The City and the Union agree that any system of discipline or performance management should be continually reviewed for its effectiveness. The system may be modified from time to time to better meet the needs of the employees and the City. Any changes will be consistent with sound personnel practices. All discipline will be for just cause and consistent with due process. Employees have the right to Union representation any time they believe a meeting may lead to disciplinary action. The City-wide and Fire Department standards shall be in writing. The Union will provide input as the standards are developed and/or modified. If the Union refuses to participate or provide input, the City and the Fire Department maintain the right to change the process. The City recognizes that members of the Fire Department are protected by the “Firefighter Bill of Rights” and any disciplinary action will conform to the guidelines of that law. ARTICLE 12 CITY’S DRUG AND ALCOHOL PROGRAM POLICY A. The City's Drug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government or agencies deem permissible. 55 Union representatives will be furnished with copies of the policies upon such revision. Whenever the City or the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed amendments or changes to the other party a reasonable period of time in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed amendments or changes in accordance with the law and the terms of this agreement. B. References to CDL and "safety-sensitive" employees and positions shall not apply to IAFF bargaining unit members. As such, IAFF bargaining unit members shall not be subject to the following provisions of the City Drug and Alcohol Program Policy or agreed to by the parties: Section II, B. Section II, C. Section II, E. 2. Section II, E. 4. ARTICLE 13 RETIREMENT Section 1. The City and the Union agree that prior to retiring an employee may use his/her vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee's date of retirement. Section 2. The employee will be considered a regular employee for service credit to the pension plan. The City and the employee will continue to contribute to the pension plan. Section 3. During the period of "retirement advancement", the employee will not be eligible to receive or accrue any benefits except retirement credit, and Educational Incentive Pay. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers' compensation, holidays and holiday pay, allowances, reimbursements and special payments of any kind. ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1. Seniority A. Definition -- Seniority is hereby defined as the length of continuous service in City employment except as applied to vacation preference, promotions, layoffs, and assignments. B. How Measured 1. In the event an employee transfers from the Fire Department to another position within the City and, at a later date, transfers back to the Fire Department, the seniority date for the purpose of layoff, promotions and transfers, shall be the date the employee transfers back into the Department. 56 2. Any employee who transfers from another City department to the Fire Department shall retain full City seniority with regards to vacation and sick leave accrual. However, for purposes of layoff, departmental seniority shall prevail. In regards to pay and pensions, the applicable civil service rules or City Pension ordinance shall apply. 3. In the event two or more employees have the same seniority date, the employee whose first letter of his/her last name is closest to the letter "A" shall have more seniority. 4. The seniority list on the date of this agreement shall reflect names, job titles, and seniority dates (departmental and City) of all employees. 5. The City will maintain a current seniority list at all times and will provide the Union with copies of such list in December and June of each year. 6. Emergency, provisional, seasonal and temporary part-time employees shall not accumulate seniority during any period of such employment. C. Continuous service shall mean employment by the City in a position in the classified service without interruption or break, except that the following shall not be considered as breaks in employment: 1. Leaves of absence or time off with or without compensation granted pursuant to this Contract. The length of any such leave shall not be deducted from the length of continuous service in computing seniority. 2. Layoffs for lack of work, lack of funds, abolition of position, or because of material changes in duties or organization, not exceeding one year in length, followed by reinstatement or by appointment from the reemployment list. The length of any such layoff shall not be deducted from the length of continuous service in computing seniority. 3. Disability retirement if and when followed by reinstatement. The length of any such disability retirement shall not be deducted from the length of continuous service in computing seniority. 4. Suspensions of less than three months in accordance with this Agreement. The length of any such suspension of more than three months shall be deducted from the length of continuous service in computing seniority. 5. Dismissals subsequently withdrawn or modified by the Appointing Authority, arbitration award, grievance decision, or the Civil Service Board in accordance with this Agreement. 6. Resignations subsequently withdrawn, in accordance with this Agreement, within six months after acceptance, followed by reinstatement or appointment from the reemployment list; provided, however, that the actual length of separation from the service shall be deducted from the length of continuous service in computing seniority. D. Uses -- In addition to the circumstances and conditions wherein, by the provisions of this Agreement and/or these Rules, seniority has been determined to be the controlling factor, it shall also be given reasonable consideration in determining the order of layoff, the order of names on a reemployment list and in promotions in accordance with the rules governing those procedures. 57 E. Transfer -- In the event of a transfer or appointment from certification to another department, an employee shall retain all accumulated seniority. Section 2. Layoffs A. In the event of layoffs, all probationary status employees in the class involved shall be laid off before any permanent status employees in the class involved. The order of layoff of probationary employees shall be determined by management evaluations of the performance and potential of the employees. B. In the event further layoffs are required, such layoffs shall be accomplished by class groups of Firefighter, Firefighter/Driver-Operator, Fire Medic, Fire Lieutenant, Fire Medic Lieutenant, and Fire Prevention Inspector. Notwithstanding anything to the contrary contained in this Agreement, Management shall determine the number of employees to be laid off and the class or classes involved. An employee who is designated to be laid off shall have the opportunity to revert to the position he/she held prior to his/her current classification. If this movement requires further reduction in the work force, the same procedure shall be utilized for subsequent positions in accordance with this section, and the process continued through the ranks thereafter. Within the involved classes, layoffs shall be accomplished by the following groupings: 1. Group A -- Employees with one through three years of service in the Clearwater-Fire Department. 2. Group B -- Employees with four through six years of service in the Clearwater Fire Department. 3. Group C -- Employees with seven through nine years of service in the Clearwater Fire Department. 4. Group D -- Employees with 10 through 12 years of service in the Clearwater Fire Department. 5. Group E -- Employees with 13 through 15 years of service in the Clearwater Fire Department. 6. Group F -- Employees with 16 through 18 years of service in the Clearwater Fire Department. 7. Group G -- Employees with 19 or more years of service in the Clearwater Fire Department. All employees in Group A must be laid off before any employees listed in Group B; all employees in Group B must be laid off before any employees listed in Group C; etc. Within each group, employees shall be ranked by management and employees laid off by the rank order established. Management rating of employees can be based upon performance evaluations by management of the preceding 3-year period (if available), disciplinary actions, and physical ability to perform the job. When other qualifications are substantially equal, Fire Department seniority will govern. Management will provide a list of the rank order within Groups prior to the layoff. Section 3. No new employee shall be hired until the employee on layoff has been given an opportunity to return to work at his/her original seniority date and position; provided, that after one year of layoff the employee shall cease to accrue seniority and that such reemployment rights shall cease after two years from the date of layoff. 58 Section 4. The Fire Chief shall give written notice to the Human Resources Director and to the affected employee(s) including the President of the Union, on any such proposed layoff. Such notice shall state the reason thereof and shall be submitted 30 days before the effective date of proposed layoff. ARTICLE 15 DURATION, MODIFICATION, AND TERMINATION Section 1. Amendments This Agreement may be amended at any time by the mutual written consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed or ratified as required by each party hereto. Section 2. Severability and Waiver A. In the event that any clause or clauses in this Agreement shall be finally determined to be in violation of any law, such clause or clauses only shall be deemed of no force and effect and unenforceable, without impairing the validity and enforceability of the rest of the contract, including any and all provisions in the remainder of any clause, sentence or paragraph in which the offending language may appear. B. The exercise or non-exercise by the City or the Union of the rights covered by this Agreement shall not be deemed to waive any such right or the right to exercise them in some other way in the future. C. In the event of invalidation of any article or section, both the City and the Union agree to meet within 30 days of such determination for the purpose of arriving at a mutually satisfactory replacement for such articles or sections. 59 Section 3. Duration This Agreement shall be effective as of October 1, 202118, and shall continue in full force and effect until September 30, 20241, At least 120 days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one year, and each year thereafter absent notification. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of , 20222018. ATTEST: CITY OF CLEARWATER, FLORIDA Rosemarie Call, City Clerk Jon JenningsWilliam B. Horne II, City Manager Approved as to form Countersigned: David MargolisPamela K.Akin, City Attorney Frank HibbardGeorge N. Cretekos, Mayor INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, Local 1158 WITNESSES: David SowersSean Becker, President, Local 1158 Jason Thibault, Executive Vice President, Local 1158 David Hogan, Secretary/Treasurer, Local 1158 60 APPENDIX A - WAGES FIREFIGHTER PAY RANGE F-02 (80/106 HOURS) Step October 2018 Biweekly October 2019 Biweekly October 2020 Biweekly 1 $1,645.611 $1,694.980 $1,745.829 2 $1,729.574 $1,781.461 $1,834.905 3 $1,813.361 $1,867.761 $1,923.794 4 $1,907.956 $1,965.194 $2,024.150 5 $2,002.057 $2,062.118 $2,123.982 6 $2,101.641 $2,164.691 $2,229.631 7 $2,154.088 $2,218.711 $2,285.272 8 $2,206.423 $2,272.616 $2,340.794 9 $2,269.391 $2,337.473 $2,407.597 10 $2,326.142 $2,395.926 $2,467.804 11 $2,385.602 $2,457.170 $2,530.885 12 $2,445.191 $2,518.546 $2,594.103 13 $2,506.267 $2,581.455 $2,658.899 FIREFIGHTER/DRIVER-OPERATOR/FIRE INSPECTOR I PAY RANGE F-04 (80/106 HOURS) Step October 2018 Biweekly October 2019 Biweekly October 2020 Biweekly 1 $1,727.900 $1,779.737 $1,833.129 2 $1,816.055 $1,870.536 $1,926.652 3 $1,904.034 $1,961.155 $2,019.990 4 $2,003.364 $2,063.465 $2,125.369 5 $2,102.152 $2,165.216 $2,230.173 6 $2,206.726 $2,272.928 $2,341.116 7 $2,261.787 $2,329.641 $2,399.530 8 $2,316.720 $2,386.222 $2,457.809 9 $2,382.892 $2,454.379 $2,528.010 10 $2,442.433 $2,515.706 $2,591.177 11 $2,504.874 $2,580.021 $2,657.421 12 $2,567.460 $2,644.484 $2,723.818 13 $2,631.609 $2,710.557 $2,791.874 61 FIRE MEDIC PAY RANGE F-10 (80/106 HOURS) Step October 2018 Biweekly October 2019 Biweekly October 2020 Biweekly 1 $1,974.733 $2,033.975 $2,094.995 2 $2,075.498 $2,137.763 $2,201.896 3 $2,176.039 $2,241.320 $2,308.560 4 $2,289.541 $2,358.227 $2,428.974 5 $2,402.452 $2,474.526 $2,548.761 6 $2,521.995 $2,597.655 $2,675.585 7 $2,584.883 $2,662.430 $2,742.303 8 $2,647.724 $2,727.155 $2,808.970 9 $2,723.317 $2,805.016 $2,889.167 10 $2,791.370 $2,875.111 $2,961.364 11 $2,862.707 $2,948.588 $3,037.046 12 $2,934.235 $3,022.262 $3,112.930 13 $3,007.550 $3,097.777 $3,190.710 FIRE LIEUTENANT PAY RANGE F-12 (80/106 HOURS) Step October 2018 Biweekly October 2019 Biweekly October 2020 Biweekly 4 $2,404.018 $2,476.138 $2,550.422 5 $2,522.621 $2,598.300 $2,676.249 6 $2,648.095 $2,727.538 $2,809.364 7 $2,714.128 $2,795.551 $2,879.418 8 $2,780.110 $2,863.513 $2,949.419 9 $2,859.483 $2,945.267 $3,033.625 10 $2,930.939 $3,018.867 $3,109.433 11 $3,005.842 $3,096.017 $3,188.898 12 $3,080.947 $3,173.375 $3,268.576 13 $3,157.928 $3,252.666 $3,350.246 62 FIRE PREVENTION INSPECTOR/FIRE INSPECTOR II PAY RANGE F-12 (80 HOURS) Step October 2018 Biweekly October 2019 Biweekly October 2020 Biweekly 4 $2,404.018 $2,476.138 $2,550.422 5 $2,522.621 $2,598.300 $2,676.249 6 $2,648.095 $2,727.538 $2,809.364 7 $2,714.128 $2,795.551 $2,879.418 8 $2,780.110 $2,863.513 $2,949.419 9 $2,859.483 $2,945.267 $3,033.625 10 $2,930.939 $3,018.867 $3,109.433 11 $3,005.842 $3,096.017 $3,188.898 12 $3,080.947 $3,173.375 $3,268.576 13 $3,157.928 $3,252.666 $3,350.246 FIRE MEDIC LIEUTENANT PAY RANGE F-13 (80/106 HOURS) Step October 2018 Biweekly October 2019 Biweekly October 2020 Biweekly 4 $2,670.057 $2,750.159 $2,832.663 5 $2,802.656 $2,886.736 $2,973.338 6 $2,953.317 $3,041.916 $3,133.174 7 $3,019.632 $3,110.221 $3,203.528 8 $3,097.999 $3,190.939 $3,286.667 9 $3,176.223 $3,271.509 $3,369.655 10 $3,255.990 $3,353.245 $3,453.843 11 $3,336.990 $3,437.099 $3,540.212 12 $3,420.426 $3,523.039 $3,628.730 13 $3,505.949 $3,611.127 $3,719.461 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0016 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast Transit Authority (PSTA) to provide enhanced Jolley Trolley service during Spring Break period of March 1, 2022 through April 30, 2022, with the City contributing a lump sum not to exceed $88,343 and authorize the appropriate officials to execute same. (consent) SUMMARY: Alternatives for traveling to Clearwater Beach during the Spring Break season are critical to the economic vitality of Clearwater and our tourism industry. The City and PSTA propose utilizing the parking lot at 112 S. Osceola Ave as a park and ride lot for the 61-day period commencing March 1, 2022, through April 30, 2022. Parking meters at the 112 S. Osceola Ave lot will be suspended during this period. Instead of driving, users will have the option of taking the free Trolley services to and from the Beach or paying to ride the Clearwater Ferry Taxi Service. The Trolley service will be free only for people who board the trolley at the 112 S. Osceola Ave lot park and ride site, at the Clearwater Beach Transit Station on the north side of Memorial Causeway, or at the Clearwater Beach Municipal Marina designated pick up location. PSTA is also working with Pinellas County to allow for weekend overflow parking in the County ’s garage at Osceola Ave and Court St. PSTA currently provides regular service on several routes between Downtown and Clearwater Beach, as well as north and south along the Beach. PSTA operates the Suncoast Beach Trolley which runs from Downtown Clearwater south to St. Pete Beach, and has an agreement with the Jolley Trolley to operate a Beach circulator (North and South Beach routes), as well as the Coastal route connecting to Tarpon Springs. As part of this additional agreement, PSTA developed a service plan that will increase the number of vehicles serving the Beach during the Spring Break season, especially on the weekend periods from Friday through Sunday during spring break periods for local school districts and during the three weekends of the Sugar Sands Festival. The proposed agreement sets forth the City’s commitment to contribute a lump sum not to exceed $88,343 towards PSTA’s additional financial obligations, including PSTA’s agreement with the Jolley Trolley to provide enhanced service on its Beach circulator routes during the Spring Break season. This amount is 50% of the total cost; PSTA will provide the other 50%. Riders will have significantly shorter wait times this season with additional vehicles to maintain the service at 30-minute intervals Monday through Thursday and 15-minute intervals Friday through Sunday. The free park and ride service is planned to start at 10:00 AM and end at the regular close of service (approximately 10:00 PM Sunday-Thursday and 12:00 AM Friday/Saturday). The City and PSTA have developed a marketing plan that includes a media campaign and promotional components. Directional signs for park and ride locations and Dynamic Message Signs will also be deployed. Page 1 City of Clearwater Printed on 1/12/2022 File Number: ID#22-0016 APPROPRIATION CODE AND AMOUNT: Funds are available in Engineering - Parking Division operating cost code 4351333-581000 (payment to agencies) to fund this agreement Page 2 City of Clearwater Printed on 1/12/2022 Page 1 of 5 CLEARWATER BEACH SPRING BREAK 2022 SERVICE FUNDING AGREEMENT THIS FUNDING AGREEMENT (Agreement) is entered into on this day of , 2021, by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district (“PSTA”), with its principal place of business located at 3201 Scherer Drive North, St. Petersburg, FL 33716, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida with its principal place of business located at 112 South Osceola Avenue, Clearwater, Florida 33756 (the “City of Clearwater”) (collectively referred to as the “Parties”). WHEREAS, the Spring Break seasonal enhanced service promotion began as a partnership between PSTA and the City in 2017; WHEREAS, both parties agree that the Spring Break seasonal pilot in 2017 was a valuable method that encouraged residents, visitors and employees to use alternative transportation options to access all that Clearwater Beach has to offer and the Parties executed other increasingly successful service partnerships in 2018 and 2019; WHEREAS, PSTA and the City chose to cancel the planned 2020 and 2021 Spring Break service promotion due to COVID-19 precautions; WHEREAS, PSTA, by and through an agreement with Jolley Trolley Transportation of Clearwater, Inc. (the “Jolley Trolley Agreement”), engages the Jolley Trolley to provide fixed route trolley services including the fixed route services on Clearwater Beach as part of the Beach Routes (the “Clearwater Beach Route”) and other routes serving Clearwater Beach; WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain funding contributions to Jolley Trolley in exchange for the Clearwater Beach Route services; WHEREAS, PSTA and the City of Clearwater have entered into a Clearwater Beach Route Funding Agreement wherein the City will provide funding to PSTA for FY2022 for the services provided pursuant to the Jolley Trolley Agreement; WHEREAS, PSTA regularly operates bus service from downtown Clearwater and beach communities along Gulf Boulevard on the Suncoast Beach Trolley; WHEREAS, both the city and PSTA understand the significant auto congestion on Clearwater Beach and need for expanded alternative ways for residents, visitors, and employees to access the beach; WHEREAS, the Parties desire to provide enhanced downtown to beach service on the Suncoast Beach Trolley and Jolley Trolley South Beach Route during the 2022 Spring Break period of March 1 through April 30, 2022 from parking areas at the site of the former Clearwater City Hall and Pinellas County garage at the corner of Osceola Ave and Court St. to Pier 60, the Clearwater Beach Transit Center and Marina Stops on Clearwater Beach; and Page 2 of 5 WHEREAS, PSTA will not extend existing bus services to these parking locations without the shared contribution of the City of Clearwater, as contemplated by this Agreement. NOW, THEREFORE, the Parties for and in receipt of the mutual promises and consideration described herein, hereby mutually agree that: 1. RECITALS. The above recitals are true and correct and, together with all exhibits, are incorporated herein by reference. 2. BASE SERVICE COSTS. City of Clearwater will contribute toward PSTA’s costs of enhanced service on the Suncoast Beach Trolley and Jolley Trolley South Beach Route during the 2022 Spring Break period of March 1 through April 30, 2022 at cost not to exceed half of the service cost up to Eighty-eight thousand, three hundred forty-three ($88,343) Dollars. See EXHIBIT A. 3. PAYMENT. PSTA will send an invoice to City of Clearwater no later than the fifteenth (15th) day of the month immediately following the month during which enhanced fixed route trolley services were provided along the Clearwater Beach Route. Each invoice shall be based on actual revenue hours provided and shall include a copy of Jolley Trolley’s invoice to PSTA plus documentation of service hours provided by PSTA. City of Clearwater shall remit payment on the fifteenth (15th) day of the month following receipt of such invoice. The City shall reimburse PSTA for 50-percent of the cost of the services added to the base beach fixed route service during the Spring Break period. 4. FAILURE TO MAKE PAYMENT. In the event City of Clearwater fails to make the payment provided in Section 3 above, PSTA may cancel this Agreement, which may result in the termination of the enhanced trolley services. 5. JOINT MARKETING. The parties agree to coordinate a joint marketing effort to advertise this enhanced service and other transportation services to and from the beach that encourage the use of non-automotive mass transportation. Additionally, PSTA will provide and the City will assist with the installation, maintenance and removal of temporary directional signage, including sidewalk decals, for the promotional service as produced by PSTA. 6. TERM; EFFECTIVE DATE. This Agreement shall take effect on the first date above written and shall terminate at the end of the service day on April 30, 2022. 7. REPRESENTATIONS AND WARRANTIES. The Parties represent and warrant that they are authorized to enter into this Agreement without the consent or joinder of any other person or entity and that the individuals executing this Agreement have full power and authority to bind their respective parties hereto. Nothing contained herein shall be construed to limit or waive any of PSTA’s rights under the Jolley Trolley Agreement. Page 3 of 5 8. INDEMNIFICATION. Each party agrees to be fully responsible for its own acts of negligence or its respective employees’ acts of negligence when such employees are acting within the scope of their employment, and each party agrees to be liable for any damages proximately caused thereby consistent with and pursuant to section 768.29(19), Florida Statutes; provided, however, that each party’s liability is subject to the monetary limitations and defenses set forth in Florida Statutes 768.28. Nothing herein is intended to serve or be construed as a waiver of sovereign immunity or any other immunity from or limitation of liability to which either party is entitled, nor shall anything herein be construed as consent by either party to be sued by any third party for any cause or matter arising out of or related to this Agreement except to the extent provided by Florida Statute 768.28. 9. ELECTRONIC SIGNATURES. This Agreement may be executed by electronic signature technology and such electronic signature shall act as the Parties’ legal signatures on this Agreement and shall be treated in all respects as an original handwritten signature. IN WITNESS WHERE OF, the Parties have caused this Agreement to be executed as of the date first above written. PINELLAS SUNCOAST TRANSIT AUTHORITY By: _ __________________________________ Brad Miller, Chief Executive Officer Attest: _____________________________________ Executive Assistant Approved as to Form: ____________________________________ Alan S. Zimmet, Esq. General Counsel Page 4 of 5 CITY OF CLEARWATER, FLORIDA Countersigned: By:_ Frank V. Hibbard, Mayor Jon P. Jennings, City Manager Attest: Approved as to Form: Rosemarie Call, MPA, CMC David Margolis City Clerk City Attorney Page 5 of 5 EXHIBIT A Platform Total Cost Total Costs Hours Per Hour Total Jolley Trolley Regular SB service 694 85.72$ 59,490$ Busy Weekends 198 85.72$ 16,973$ PSTA SBT Regular SB service 286 92.80$ 26,541$ Busy Weekends 794 92.80$ 73,683$ Total Estimated Hours 1,972 Total Anticipated Costs 176,686$ Assumptions: ADD TO BASE SERVICE 8 week promotion, 1 bus added to year-round service Mon-Thu/2 buses Fri-Sun 30 min service (M-Th), 15 min service (F-Su) 5 Busiest weekends (2 local Spring Break/3 Sugar Sand), 1 additional JT bus added to Base Free Park and Ride Service starting at 10am- end of service day (10pm or 12am F/Sa) Marketing and Public Outreach budget provided by PSTA ($15k+ value) Fare Free for riders boarding at specified stops: Old City Hall, CBTC, Pier 60 and Marina Service Funding Contributors City of Clearwater 88,343$ 50.0% Pinellas Suncoast Transit Authority 88,343$ 50.0% 176,686$ 100% TOTAL 176,686$ 100.0% DRAFT 11/16/2021 Total Funding Contributions Spring Break Enhanced Service March 1- April 30 (8 weeks) Additional Service for Local Spring Break and Sugar Sands WEEKENDS ONLY FY22 Summary of Proposed Funding Formula Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0005 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Authorize a Purchase Order to Ten-8 Fire Equipment Inc., of Bradenton, FL, for the purchase of one new Pierce Heavy Duty Velocity Pumper in an amount of $718,190.00 in accordance with Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback; declare G2610 surplus, effective upon receipt of the purchase vehicle, authorize for disposal at auction or trade-in, whichever is in the best interest of the City, in accordance with Clearwater Code of Ordinances Section 2.623, and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater Fire and Rescue is requesting authorization to purchase one heavy-duty front-line pumper (engine) to replace Engine 48. Engine 48 (G3864), purchased in 2012, will move to the reserve fleet to maintain required reserve units and surplus G2610 purchased in 2001. Clearwater Fire and Rescue has determined the Pierce Heavy Duty Velocity Pumper built by Pierce Manufacturing meets the operational needs of the department. A heavy -duty velocity pumper provides exceptional pumping water capability, enhanced storage capability, lower vehicle profile, and will significantly up-grade the abilities of the engine it replaces. The full price for one fire engine is $718,190.00. Clearwater Fire and Rescue performs fire and emergency medical services (EMS) under a contract with the Pinellas County. This purchase was included in the approved six -year capital improvement program planned for purchase in fiscal year 2022/23 in project 91218, Fire Engine Replacement, to be funded with Penny for Pinellas revenues and Pinellas County Fire tax reimbursement of approximately 11.3% of purchase price. Due to supply chain issues, as well as the ongoing price increases across the commodity market, Pierce Manufacturing is expected to have a significant price increase estimated at 7-10%. Ordering on the current quote by January 31, 2022 will lock in current pricing saving the City in excess of $50,000. The current build out for this engine is estimated at 16 months which results in delivery and payment in fiscal year 2022/23 when funds are planned to be available. No funding is required at this time. This purchase is a piggyback of Florida Sheriffs Association Cooperative Purchasing Program Contract #FSA20-VEF14.02, Fire Rescue Vehicles and Other Equipment valid through March 31, 2023. The Department is piggybacking off of FSA’s base price of $579,986, and it would be impractical under Sec. 2.563(1)(d) to separately bid the customization options because it would be nearly impossible to coordinate the installation of those options and it would jeopardize the vehicle warranty. Page 1 City of Clearwater Printed on 1/12/2022 File Number: ID#22-0005 Estimated annual operating costs in the department’s annual operating budget include fuel and routine garage charges for operating the new vehicle. Garage charges on the new vehicle are expected to be less than the replaced vehicle. APPROPRIATION CODE AND AMOUNT: Funds for this purchase are planned for fiscal year 2022/23 allocating Penny for Pinellas funds and County Fire Tax reimbursement in capital improvement project 91218, Fire Engine Replacement. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 1/12/2022 Date: May 1, 2020 To: All Perspective Participants From: Craig Chown, Manager, FSA Cooperative Purchasing Program Re: Contract Number FSA20-VEF14.02 Fire Rescue Vehicles & Other Equipment We are pleased to announce that the Florida Sheriffs Association has successfully completed its 14th nationwide cooperative bid for fire rescue vehicles and other equipment. This contract is in effect beginning May 1, 2020 through March 31, 2023. This year’s contract award includes 14 specification group categories and a total of 164 makes and models. It offers a variety of fire rescue vehicles to meet a wide range of purchaser needs. The competitive process for this award began in November 2019, when stakeholders were surveyed regarding procurement needs. Specifications were developed based on prior year activity and new additions were added based on survey results and the Fleet Advisory Committee’s review of commodities. On August 12, 2019, a direct notification was sent to prospective bidders to register for qualification to participate in the bid process. An advertisement of the Invitation to Bid was placed within the Florida Administrative Weekly and on the FSA website on October 15, 2019. From this ITB, 8 bidders responded to the pre-bid meeting registration. Of these respondents, 7 submitted bids, and 7 qualified responsive bidders were awarded after a review by FSA and the FSA Fleet Advisory Committee. The Florida Sheriffs Association Cooperative Purchasing Program has followed the Contract Terms and Conditions to procure this contract. Contract prices are extended and guaranteed to any local government or political subdivision of the state, public educational institutions, other public agencies or authorities with the State of Florida, and entities approved by the manufacturer to participate in this contract. Out of state sales are permitted under this contract. All purchasers are bound by their local governing purchasing ordinances, rules and regulations. All awarded vendors are governed by their manufacturer agreements and the Contract Terms and Conditions. List of awarded vendors for FSA20-VEF14.02 Fire Rescue Vehicles & Other Equipment: 1. Ferrara Fire Apparatus 2. Palm Peterbuilt Truck Centers, Inc / DBA Palm Fire Rescue Group 3. REV RTC 4. Rosenbauer South Dakota, LLC 5. South Florida Emergency Vehicles, LLC 6. Ten-8 Fire Equipment, Inc. 7. The Sutphen Corporation Equipment Proposal Pierce Proposal # 827 This Equipment Proposal (the “Proposal”) has been prepared by Ten-8 Fire & Safety, LLC (“Company”) in response to the undersigned Customer’s request for a proposal. This Proposal is comprised of the special terms set forth below, the Proposal Option List, Warranty, and Company’s Purchasing Terms and Conditions. Through its signature below or other Acceptance (as defined below), Customer acknowledges having received, read and being bound by this Proposal, all attachments and Company’s Purchasing Terms and Conditions. Date: June 1, 2022 (“Proposal Date”) Customer: Clearwater Fire Rescue (“Customer”) Customer Address: 1140 Court Street, Clearwater, FL 33756 Qty Product Description & Options Price 1 1 1 1 One (1) Heavy Duty Pierce Pumper Base FSA Contract # FSA20-VEF14.02 Spec#8 Options Selected per "Proposal Option List #827 6% option discount per Florida Sheriffs Contract #FSA20-VEF14.02 Additional Manufacturer and Dealer Discount $579,986.00 $173,622.00 ($10,417.00) ($25,001.00) Purchase Price: $718,190.00 Delivery Timing: The Product described above in the Product Description and Options Section of this document will be built by and shipped from the manufacturer approximately 20 (months) after Company receives Customer’s acceptance of this Proposal as defined below. Other: *Please note that 2021 pricing will terminate January 31st 2022. 2022 pricing effective February 1st 2022. Unless accepted within 30 days from date of proposal, the right is reserved to withdraw this proposal. ACCEPTANCE OF THIS PROPOSAL CREATES AN ENFORCEABLE BINDING AGREEMENT BETWEEN COMPANY AND CUSTOMER. “ACCEPTANCE” MEANS THAT CUSTOMER DELIVERS TO COMPANY: (A) A PROPOSAL SIGNED BY AN AUTHORIZED REPRESENTATIVE, OR (B) A PURCHASE ORDER INCORPORATING THIS PROPOSAL, WHICH IS DULY APPROVED, TO THE EXTENT APPLICABLE, BY CUSTOMER’S GOVERNING BOARD. ACCEPTANCE OF THIS PROPOSAL IS EXPRESSLY LIMITED TO THE TERMS CONTAINED IN THIS PROPOSAL AND COMPANY’S PURCHASING TERMS AND CONDITIONS. ANY ADDITIONAL OR DIFFERENT TERMS, WHETHER CONTAINED IN CUSTOMER’S FORMS OR OTHERWISE PRESENTED BY CUSTOMER AT ANY TIME, ARE HEREBY REJECTED. INTENDING TO CREATE A BINDING AGREEMENT, Customer and Company have each caused this Proposal to be executed by their duly authorized representatives as of date of the last signature below. Customer: Clearwater Fire Rescue Ten-8 Fire & Safety, LLC By: __________________________________ By: Title: _________________________________ Title: Authorized Sales Representative Print: _________________________________ Print: Dustin Bouwer Date: _________________________________ Date: 1/6/2022 EXHIBIT A PROPOSAL OPTION LIST Bid Number: Job Number: Number of Units: Bid Date: Stock Number: Price Level: Lane: Option Qty 0010012 1 0661794 1 0584456 1 0584452 1 0588609 1 0520877 1 0788859 1 0610784 1 0533347 1 0588611 1 0661778 1 0620357 1 0537375 1 0030006 1 0540326 1 0000007 1 0002928 1 0597598 1 0000110 1 0000070 1 0000203 1 0020018 1 0508848 1 0030264 1 0087572 1 0000322 1 0582936 1 0019575 1 0530464 1 0544253 1 0122076 1 0000485 1 0585004 1 0654750 1 0568081 1 0620570 1 0002045 1 0544802 1 0544806 1 0010670 1 0030185 141 Brakes, Knorr/Bendix 17", Disc, Front, TAK-4 0.00 Location, Wheel Chocks - Left Side Rear Tire, Forward and Rearward 40 ABS Wabco Brake System, Single rear axle 0.00 Qty, Pair - 01 39 Mounting Brackets, Chocks, SAC-44-E, Folding, Horizontal 448.22 Qty, Pair - 01 37 Mud Flap, Front and Rear, Pierce Logo 0.00 38 Chocks, Wheel, SAC-44-E, Folding 641.53 35 Tire Balancing, Counteract Beads 0.00 36 Tire Pressure Monitoring, RealWheels, AirSecure, Valve Cap, Single Axle 0.00 Qty, Tire Pressure Ind - 6 33 Tires, Rear, Goodyear, G289 WHA, 315/80R22.50, 20 ply, Single 787.00 34 Wheels, Rear, Alcoa-Accuride, 22.50" x 9.00", Aluminum-Steel, Hub Pilot, Single 0.00 31 Suspen, Rear, Standens, Spring, 24,000 lb, Imp/Vel 0.00 32 Oil Seals, Rear Axle 0.00 29 Axle, Rear, Meritor RS24-160, 24,000 lb, Imp/Vel/Dash CF 0.00 30 Top Speed of Vehicle, 68 MPH 0.00 27 Tires, Front, Goodyear, G289 WHA, 315/80R22.50, 20 ply 0.00 28 Wheels, Front, Alcoa, 22.50" x 9.00", Aluminum, Hub Pilot 0.00 25 Shock Absorbers, KONI, TAK-4, Qtm/AXT/Imp/Vel/DCF/Enf 0.00 26 Oil Seals, Front Axle 0.00 23 Axle, Front, Oshkosh TAK-4, Non Drive, 19,500 lb, Imp/Vel 0.00 24 Suspension, Front TAK-4, 19,500 lb, Qtm/AXT/Imp/Vel/Dash CF/Enf 19,356.00 21 Frame Rails, 13.38 x 3.50 x .375, Qtm/AXT/Imp/Vel/DCF 0.00 22 Frame Liner Not Req'd 0.00 20 GVW Rating 0.00 GVW rating - 43500 18 Velocity Chassis (Med Block), 2010 4,108.00 19 Wheelbase 0.00 Wheelbase - 184.50 inches 16 Approval Drawing 0.00 17 Electrical Diagrams 0.00 14 Bid Bond Not Requested 0.00 15 Performance Bond, Not Requested 0.00 12 Consortium, Florida Sheriff's 0.00 13 Unit of Measure, US Gallons 0.00 10 Vehicle Certification, Pumper 0.00 11 Agency, Apparatus Certification, Pumper/Tanker, U.L. 0.00 8 Comply NFPA 1901 Changes Effective Jan 1, 2016, With Exceptions 0.00 9 Pumper/Pumper with Aerial Device Fire Apparatus 0.00 7 SP Fast Track Template Truck 0.00 Fill in Blank - Booked with 495 options and 33 sps 5 Vehicle Destination, US 0.00 6 Comparison Report Required 0.00 Fill in Blank - 33243 3 Manufacture Location, Appleton, Wisconsin 0.00 4 RFP Location: Appleton, Wisconsin 0.00 1 No Boiler Plates requested 0.00 2 Single Source Compliance 0.00 Line Type Option Description Price Body: Pumper, Medium, Aluminum, 2nd Gen 40 (Current: 40) Chassis:Velocity Chassis (Med Block), 2010 Requirements Manager: Description: Clearwater FY22 Vel Pumper Representative Bouwer, Dustin Organization:Ten-8 Fire & Safety, LLC Option List 1/6/2022 Customer:827 1/6/2022 5:00 AM Bid #: 827 Page 1 0000730 1 0020784 1 0000785 1 0568012 1 0000790 1 0000858 1 0012034 3 0615609 1 0736447 1 0001244 1 0687994 1 0552334 1 0123135 1 0794761 1 0769434 1 0632182 1 0787999 1 0511425 1 0788718 1 0051125 1 0001129 1 0692516 1 0723716 1 0582243 1 0699437 1 0698720 1 0642572 1 0625329 1 0684459 1 0090176 1 0683847 1 0001370 1 0669988 1 0001544 1 0509230 1 0690274 1 0524744 1 0616489 1 0728443 1 0760795 1 0728504 1 0510226 1 0522573 1 0698960 1 0668315 1 85 Coating, Top Flange, Front Bumper, Outside Exterior, Line-X Coating, Black 495.39 86 Cab, Velocity FR, 7010 Raised Roof 353.00 83 Lift & Tow Package, Imp/Vel, AXT, Dash CF 0.00 84 Tow Hooks Not Required, Due to Lift and Tow Package 0.00 82 SP Hose Restraint, Bumper Tray, 1" Nylon Webbing, Outboard Mounted, Fasteners 192.90 Type of fastener - 1" side release 81 SP Tray, Hose, Left, 15.5" Deep, 13.5" Wide, 17.5" Long, Radius Lip 1,006.09 Grating, Bumper extension - Grating, Rubber Capacity, Bumper Tray - 21) 150' of 1.75" Capacity, Bumper Tray - 20) 125' of 1.75" 80 SP Hose Restraint, Bumper Tray, 1" Nylon Webbing, Passenger Side Mount, Fasteners 74.00 Type of fastener - 1" side release 78 Bumper, 22" Extended, Steel, Painted, Imp/Vel 78.00 79 Tray, Hose, Center, 22" Bumper, Inside Air Horns, 13" Deep, Imp/Vel 0.00 Grating, Bumper extension - Grating, Rubber Text, Row (2) Two - Fire Text, Row (3) Three - Rescue 76 Steering Wheel, 4 Spoke without Controls 0.00 77 Logo/Emblem, on Dash 0.00 Text, Row (1) One - Clearwater 74 Steering, Sheppard M110 w/Tilt, TAK-4, Eaton Pump, w/Cooler 0.00 75 Not Required, Steering Assist Cylinder on Front Axle 0.00 72 Fluid, 3000 Series Transmission, TES-295 TranSynd synthetic, IPOS, Custom 360.41 73 Driveline, Spicer 1710 0.00 70 Transmission Oil Cooler, Modine, External 0.00 71 Mode, Downshift, Aggressive downshift to 3rd, w/engine brake, 5 speed 162.06 68 Trans, Allison 5th Gen, 3000 EVS P, w/Prognostics, Imp/Vel/DCF/SFR/Enf 0.00 69 Transmission, Shifter, 5-Spd, Push Button, 3000 EVS -12,822.00 66 Cooler, Chassis Fuel, Not Req'd. 0.00 67 Fuel Cap Retaining Chain With Holder 55.98 64 Fuel Priming Pump, Electronic, Automatic, Cummins, No Swt Req'd 0.00 65 Shutoff Valves, Fuel Line @ Primary Filter, Cummins 358.54 62 Lines, Fuel 0.00 63 DEF Tank, 4.5 Gallon, DS Fill, Rear of Axle, Common Door, Spring Flip Door 229.89 Door, Material & Finish, DEF Tank - Polished Stainless 61 Fuel Tank, 75 Gallon, Left Side Fill, Qtm/AXT/Vel/Imp/DCF/SFR/Enf 0.00 Finish - Painted, Chassis Frame Color 59 Cooling Hoses, Rubber 0.00 60 Radiator Coolant, Peak Final Charge Global OAT, Red 0.00 57 Diffuser, Exhaust, Curved Down, Chrome, Medium Block 526.22 58 Radiator, Impel/Velocity 0.00 55 Exhaust System, 4", 2017 L9 Engine, Horizontal, Right Side 0.00 56 SP Exhaust, Modified 20 Degree - Flush With Rubrail, Approval Req'd 484.17 53 Clutch, Fan, Air Actuated, Horton Drive Master 0.00 54 Air Intake, w/Ember separator, Imp/Vel 0.00 51 High Idle w/Electronic Engine, Custom 0.00 52 Engine Brake, Jacobs Compression Brake, Cummins Engine 0.00 Switch, Engine Brake - e) ISC/ISM/ISL9/ISX Hi Med Lo 49 Fittings, Compression Type, Entire Apparatus, Single Rear Axle 1,620.71 50 Engine, Cummins L9, 450 hp, 1250 lb-ft, W/OBD, EPA 2021, Imp/Vel -28,128.00 48 Moisture Ejector, Manual, Remote Mounted 549.81 Location - Under LS3 Qty, Man. Moist Ejector - 3 47 Inlet/Outlet, Air, w/Disconnect Fitting 197.00 Location, Air Coupling(s) - a) DS Step Well Qty, Air Coupling (s) - 1 45 Air Dryer, Wabco System Saver 1200, Heater, 2010 0.00 46 Brake Lines, Nylon 0.00 43 Air Compressor, Brake, Cummins/Wabco 18.7 CFM 0.00 44 Brake Reservoirs, Three 0.00 42 Brakes, Meritor, Cam, Rear, 16.50 x 7.00" 0.00 1/6/2022 5:00 AM Bid #: 827 Page 1 0724237 1 0677478 1 0122465 1 0123176 1 0752555 2 0029007 1 0002224 1 0527032 1 0015440 1 0559131 1 0667921 1 0655511 1 0667905 1 0667902 1 0606691 1 0770200 1 0509649 1 0002140 1 0592071 1 0568605 1 0012090 1 0509286 1 0558334 1 0775634 1 0123686 1 0773956 1 0748671 1 0667943 1 0509532 1 0741239 1 0639675 1 0567443 1 0002526 1 0122516 1 0583040 1 0622618 1 0697006 1 0696991 1 0002517 1 124 Seat, Officer, Pierce PS6, Premium, Air Ride, SCBA, Frontal Impact 1,432.00 125 Not Required, Radio Compartment 0.00 122 Seating Capacity, 5 Seats 0.00 123 Seat, Driver, Pierce PS6, Premium, Air Ride, High Back, Frontal Impact 1,458.00 120 Fluid Check Access, Imp/Vel 0.00 121 Frontal Impact Protection 2,784.80 118 Grab Handles, DS & PS Door Post & Passenger Dash panel, Imp/Vel 111.94 119 Light, Engine Compt, All Custom Chassis 0.00 117 Sun Visor, Smoked Lexan, AXT, Imp/Vel, Saber FR/Enforcer 0.00 Sun Visor Retention - No Retention HVAC System, Filter Access - Removable Panel Auxiliary Cab Heater - None 115 Floor, Rubber Padded Cab & Crew Cab, Imp/Vel, Dash CF 0.00 116 HVAC, Impel/Velocity FR, CARE 1,414.00 Paint Color, A/C Condenser - Painted White #10 114 Cab Interior, Paint Color, Impel/Velocity FR 0.00 Color, Cab Interior Paint - b) black Lip - 2.00" 113 Cab Interior, Vinyl, Velocity FR, CARE 0.00 Color, Cab Interior Vinyl/Fabric - Endure Vinyl - Black 111 Drip Rail, Cab Roof, Impel/Velocity/Velocity SLT 337.54 112 SP Work Surface, 3/16" Alum, Full Engine Tunnel, Upper 36.5, Lower Lip, Vel/Imp FR 907.74 Material Finish, Cab Interior - Painted 109 Not Required, Trim, Cab Rear Windows, No Rear Windows 0.00 110 SP Fasteners, S/S, Rain Drip, IATS 620.11 107 Not Required, Windows, Front/Side of raised roof 0.00 108 Not Required, Windows Rear of Crew Cab, Imp/Vel 0.00 105 No Windows, Side of Crew Cab, Vel/Imp 178.00 106 Not Required, Interior Trim, No Cab Side Windows 0.00 103 Lights, Cab & Crw Cab Acs Stps, P25, LED w/Bezel, 1Lt Per Step 0.00 104 Fenders, S/S on Cab 0.00 102 Handrail, Exterior, Hansen, Knurled, Alum, LED Backlit, 4-Door Cab 952.73 Color, Handrail Light - Red Control, Handrail Light - Cab Switch and Parking Brake 101 Steps, 4-Door Cab, Dual, 2" Larger Middle and Bottom Steps, Imp/Vel 1,327.03 Light, Step, Additional - P25 LED 99 Storage Pockets w/ Elastic Cover, Recessed, Overhead, Impel/Velocity FR 0.00 100 Controls, Electric Windows, All Cab Doors, Impel/Velocity FR 0.00 Cab, Exterior Door Handle, Finish - 4-Door, Chrome/Black 98 Door Panel, Brushed Stainless Steel, Impel/Velocity 4-Door Cab 496.00 Finish, Mirror Head - Chrome 97 Door, Half-Height, Velocity FR 4-Door Cab, Raised Roof 0.00 Key Model, Cab Doors - 751 95 No Chrome Molding, On side of cab 0.00 96 Mirrors, Forward Mtd, Remote, Pierce One-Eleven, LED Turn Signal 1,442.00 Finish, Arm Cover - Chrome 94 Trim, S/S Band, Across Cab Face, Rect Lights, Velocity 0.00 Material Trim/Scuffplate - c) S/S, Polished Turnsignal Covers - No Covers 93 Scuffplates, S/S At Cab Door Jambs, 4-Door Cab 813.20 Material Trim/Scuffplate - c) S/S, Polished Material Trim/Scuffplate - c) S/S, Polished 92 SP Scuffplates, On Rear Corners of Cab 562.03 Material Trim/Scuffplate - c) S/S, Polished 91 Scuffplate, S/S, Striker Side, Cabinet Door(s), Each 299.43 Location - DS and PS EMS compartment exterior access doors Qty, - 02 89 Cab Lift, Elec/Hyd, Imp/Vel 0.00 90 Grille, Bright Finished, Front of Cab, Impel/Velocity 0.00 87 Engine Tunnel, ISL, Mech Fasteners, Impel/Velocity FR 0.00 88 Rear Wall, Exterior, Cab, Aluminum Treadplate 0.00 1/6/2022 5:00 AM Bid #: 827 Page 1 0754652 1 0102783 1 0752556 1 0740001 1 0649764 1 0739999 1 0651182 2 0566653 1 0543991 4 0690610 1 0734952 1 0678689 1 0603867 1 0604864 1 0627014 1 0602464 1 0647647 1 0631779 1 0727858 1 0602637 1 0554191 2 0568369 1 Location, Lights - to be installed at final inspection. wiring location to be at either side of the rear engine tunnel147 Cab Instruments, Ivory Gauges, Chrome Bezels, Impel/Velocity 2010, Dash CF 0.00 145 Portable Hand Light, Provided by Fire Dept, Pumper NFPA 2016 Classification 0.00 146 Handlight, Streamlight, Fire Vulcan, 44451, C4 LED, Tail Lights, 12v, Orange 554.85 Qty, Lights - 02 12vdc power from - Battery switched Color, Trim - Black Housing 144 SP Light, Map, Sunnex SL9-200*25L LED Clear Lens, Swivel Joint, 25 Deg Optics 851.39 Location - over Officer left shoulder Qty, - 01 Control, Dome Lt Color - Lens Switch 143 Light, Map, Overhead, Round Halogen, AXT/Imp/Vel/Dash CF, Hawk EX 0.00 12vdc power from - Battery switched Color, Dome Lt Bzl - Black Control, Dome Lt White - Door Switches and Lens Switch 141 Helmet Storage, Provided by Fire Department, NFPA 2016 0.00 142 Lights, Dome, FRP Dual LED 4 Lts 0.00 Color, Dome Lt - Red & White 139 Seat Belt Height Adjustment, 5 Seats, Imp/Vel, Dash CF 281.41 140 Pick Not Required, Seat Belt Color Selected in Seat Belt Option 627339 0.00 Qty, - 1 138 Seat Belt, ReadyReach 0.00 Seat Belt Color - Red Louvers, Cabinet - Louvers, Door 137 Compt, Enclose, Forward Facing Seat Riser, VEL/IMP/Qtm/SFR/Enf 404.13 Location - under center forward facing rear crew seat 136 Door, Access, Front, (2) Rear Facing Seat Risers, No Heater 352.70 Latch, Door, Storage - Southco C2 Black Raised Material Finish, Cab Interior - Black 135 Embroidery, Seats, Cab and Crew Cab 1,043.16 Qty, Seats Embroidery - 5 Seats 134 Bracket, Air Bottle, Hands-Free II, Cab Seats 3,460.31 Qty, - 04 Material Trim/Scuffplate - b) S/S, Brushed 133 Upholstery, Seats In Cab, Turnout Tuff 0.00 Color, Cab Interior Vinyl/Fabric - c) Black 132 Scuffplate, Cabinet, Interior Door Pan, Cab 312.14 Location - DS and PS EMS cabinets external doors Qty, - 02 130 Seat, Forward Facing C/C, Center, (1) Pierce PS6, Base, SCBA, 17" Btm 0.00 131 SP Seat, Forward Facing C/C, PS Outboard, Pierce PS6, Base, SCBA, 17" Btm, 3" Inbrd 554.00 Louvers, Cabinet - 0-No Louvers 129 SP Seat, Forward Facing C/C, DS Outboard, Pierce PS6, Base, SCBA, 17" Btm, 3" Inbrd 554.00 Door, Exterior Stop - Web Strap Door, Cab Interior Cabinet - Rollup, Gortite, Anodized, Locking #751 Shelf/Tray, Cabinet - (2) Shelves, Adjustable, 0.75" Up-Turned Lip Door, Cab Exterior Cabinet - Double Pan, Locking #751 Scuffplate, Material/Finish - S/S, Polished Material Finish, Shelf - Painted - Cab Interior 127 Not Required, Seat, Rr Facing C/C, Center 0.00 128 Cabinet, Rear Facing, RS, 21.5 W x 40.5 H x 26.5 D, Roll, Ext Acc, Imp/Vel 3,267.11 Light, Short Cabinet - Pierce, Interior, Right Side Door, Cab Interior Cabinet - Rollup, Gortite, Anodized, Locking #751 Louvers, Cabinet - 0-No Louvers Door, Cab Exterior Cabinet - Double Pan, Locking #751 Door, Exterior Stop - Web Strap Material Finish, Shelf - Painted - Cab Interior Shelf/Tray, Cabinet - (2) Shelves, Adjustable, 0.75" Up-Turned Lip 126 Cabinet, Rear Facing, LS, 24 W x 40.5 H x 30.5 D, Roll, Ext Acc, Imp/Vel 3,314.46 Light, Short Cabinet - Pierce, Interior, Left Side Scuffplate, Material/Finish - S/S, Polished 1/6/2022 5:00 AM Bid #: 827 Page 1 0509511 1 0543751 1 0509042 1 0611681 1 0555915 1 0790556 1 0548004 1 0547505 1 0548046 1 0560535 1 0583273 1 0743033 1 0615386 1 0734857 1 0606247 1 0665245 1 0692961 1 0616382 1 0694166 1 0653526 1 0511071 1 0615100 1169 Pierce Command Zone, Advanced Electronics & Control System, Diag LEDs, Vel, WiFi 2,382.27 168 Guard, 4-Way, Rear Vision Camera 136.78 Qty, - 01 Location - match previous Location 1 - Behind Driver's seat 167 Camera, Pierce, Driver Mux, Rear Camera Only 916.20 Camera System Audio - Speaker on Ceiling Behind Driver 166 Antenna Mount, Larsen NMOKHFUDTHK, 0-6000MHz 163.95 Location - best roof location Qty, - 01 Location 2 - behind panel #3 165 Install Customer Provided GPS/Multimode Antenna(s) 430.46 Qty, - 01 164 Cable, Motorola HKN6169, 17' Mobile 2-way Radio, Remote Head 245.49 Location - behind driver's seat Qty, - 01 Qty, - 01 Location 2 - behind panel #6 162 Vehicle Data Recorder w/CZ Display Seat Belt Monitor 0.00 163 Cable, Motorola HKN6168, 30' Mobile 2-way Radio, Remote Head 265.13 Location - behind driver's seat 161 Collision Mitigation, HAAS Alert (R2V), HA5 0.00 Subscription, HAAS R2V - R2V - 5 Year Data Plan Subscription 159 Bin, Center Dash Console 0.00 160 Vehicle Information Center, 7" Color Display, Touchscreen, MUX 2,502.05 System Of Measurement - US Customary Location 2 - Behind driver's seat Location - behind panel #9 (wrap around console) Location - PS EMS compartment. lower outboard wall 158 Wire, 18-ga. Spare, Dual Wire 1st 138.79 Qty, - 01 12vdc power from - Battery direct Wire termination - Butt Splice Location - behind driver's seat 157 Wiring, Spare, 15 A 12V DC 4th 112.93 Qty, - 01 12vdc power from - Battery direct Wire termination - Stud Location - behind driver's seat 156 Wiring, Spare, 60A 12V DC 1st 232.60 Qty, - 01 12vdc power from - Battery switched Wire termination - Butt Splice Location, Spare Wiring - Center Console and behind panel location #9 155 Wiring, Spare, 10 A 12V DC 1st 112.93 Qty, - 01 12vdc power from - Battery direct Wire termination - Butt Splice Location - behind driver's seat 154 Wiring, Spare, 15 A 12V DC 1st 112.93 Qty, - 01 153 Wire, CAT 6, terminated, Spare, Qty, 1st 427.78 Qty, - 01 Location 2 - in wrap around center console behind panel #9 Location, Emerg Sw Pnls - Driver's Side Overhead 152 Wiper Control, 2-Speed with Intermittent, MUX, Impel/Velocity 0.00 150 Messages, Open Dr/DNMT, Color Dsply, 0.00 151 Switching, Cab, Membrane, Impel/Velocity/Quantum, Dash CF, AXT WiFi MUX 0.00 148 Air Restriction Indicator, Imp/Vel, AXT, Dash CF, Enf MUX 0.00 149 Light, Do Not Move Apparatus 65.00 Alarm, Do Not Move Truck - Pulsing Alarm 1/6/2022 5:00 AM Bid #: 827 Page 1 0730603 1 0079166 1 0008621 1 0123174 1 0579436 1 0012779 1 0531403 1 0016857 1 0026800 1 0647728 1 0676572 1 0532857 1 0627524 1 0092582 1 0783153 1 0648425 1 0620054 1 0648067 1 0627282 1 0732014 1 0732016 1 0664481 1 0589905 1 0763285 1 0769569 1 0769572 1 0770056 1 0769567 2 0622040 1 0609064 2 0776357 1 0774948 1 0775524 1202 Lights, Wln, P*H1* Pioneer, 12 VDC, 1st 1,906.25 Scene Light Optics - flood Mount, Wln II - Semi-recessed 15 deg P**1 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab and Crew Cab Dr Sw, PS and PS Flood Lts 201 Lights, Wln, P*H1* Pioneer, 12 VDC, 2nd 1,906.25 Location - High and rear of PS crew door Qty, - 01 Control, Scene Lts - Cab Sw Panel DS Scene Light Optics - Flood Location, driver's/passenger's/center - Centered Color, Wln Lt Housing - White Paint Qty, - 02 200 Light, Visor, Wln, 12V P*H2* Pioneer, Cnt Feature, 1st 2,218.08 Qty, - 01 198 SP Lights, Step, P25 LED 4lts, Pump Pnl Sw, Cab Sw 0.00 199 SP Trim, SS Polished Arround Recessed Light At the Rear of the Apparatus. 487.99 Location - DS and PS rear 197 Lights, Perimeter, Amdor AY-LB-12HW012 12" LED, Brkt 309.65 Qty, Lights - 02 Location, Additional Perimeter Lights - Under Compt D1, 1lt and Under Compt P1, 1lt 196 Lights, Perimeter Body, Amdor AY-LB-12HW020 LED 2lts, Rear Step 325.00 Control, Perimeter Lts - DS Switch Panel and Ignition Switch 194 Lights, Perimeter Cab, Amdor AY-LB-12HW012 LED 4Dr 0.00 195 Lights, Perimeter Pump House, Amdor AY-LB-12HW020 LED 2lts 0.00 192 Alarm, Back-up Warning, PRECO 1040 0.00 193 SP Alarm, Floyd Bell, Announcer, Fasten Seatbelts, 3Sec, 85 to 90dB 391.15 Location, Alarm - Crew Cab Color, Trim - Chrome Trim 191 Bracket, License Plate & Light, P25 LED 0.00 Color, Lens, LED's - Clear Color, Trim - Chrome Trim 190 Lights, Backup, Wln C6BU, LED, Trm Fet 340.00 188 Lights, Clearance/Marker/ID, Rear, FRP LED Bar & P25 LED 4Lts 0.00 189 Lights, Tail, Wln C6BTT* Red Brak/Tail, C6T* Amb Dir, Trm Fet 449.00 186 Light, Directional/Marker, Intermediate, Weldon 9186-8580-29 LED 2lts 0.00 187 Lights, Clearance/Marker/ID, Front, Truck-Lite 35200Y LED 7 Lts 155.82 Light Guard - Without Guard 185 Light, Directional, Wln 600 Cmb, Cab Crn, Imp/Vel/AXT/Qtm/DCF 0.00 Color, Lens, LED's - m)match LED's 184 Headlights, Rect LED, JW Spkr Evo 2, AXT/DCF/Enf/Imp/Sab/Vel 2,029.36 Color, Headlight Bez - Chrome Bezel 183 Load Manager/Sequencer, MUX 0.00 Enable/Disable Hi-Idle - d)High Idle disable 181 SP Programming, Step Lights, Activated w/Prk Brk, IAT 150.26 182 SP Scene Light Switching, All Lights controlled by 1 switch cab,1 switch rear. 123.25 179 Alternator, 430 amp, Delco Remy 55SI 0.00 180 SP Switch, Rocker Style, Load Manager 119.73 Shoreline Connection - battery charger and cab receptacle 178 Shoreline Location 107.84 Location, Shoreline(s) - DS Extd Bumper 177 Shoreline, 20A 120V, Kussmaul Auto Eject, 091-55-20-120, Super 610.57 Qty, - 01 Color, Kussmaul Cover - b) red 175 Location, Charger, Cab In Seat Box, "All Custom Chassis" 246.03 176 Location, Bat Chrg Ind, Driver's Seat with Bracket 277.51 173 Battery Compartment, Imp/Vel 0.00 174 Charger, Sngl Sys, Kussmaul, 1200, 091-187-12-Remote, 40 Amp Bar Display 1,917.94 171 Batteries, (4) Exide Grp 31, 950 CCA ea, Threaded Stud 0.00 172 Battery System, Single Start, All Custom Chassis 0.00 170 Electrical System, Velocity ESP, Cummins, Paccar 0.00 1/6/2022 5:00 AM Bid #: 827 Page 1 0774017 2 0774336 2 0774334 2 0532358 1 0645668 1 0645677 1 0787447 1 0007883 1 0060115 1 0554271 1 0013303 1 0003405 1 0541296 1 0010011 1 0635329 1 0553725 1 0003429 1 0003424 1 0048710 1 0030007 1 0514778 1 0556223 1 0723545 1 0003481 1 0083488 3227 Divider, Hose Bed, .25" Unpainted 1,873.00 Qty, Hosebed Dividers - 3 225 Unpainted/Dual Action Finished Aluminum Hose Bed, 2G Pumper/Tankers 0.00 226 Hose Bed Capacity, Special 0.00 Capacity, Hosebed - starting from the driver's side: 400' of 2.5", 300' of 3", 300' of 3", 1100' of 5", 150' of 1.75" and 200' of 1.75" Material Trim/Scuffplate - b) S/S, Brushed Paint, Inside of Hose Bed - Unpainted/DA Finish 223 Not Required, Switch, Tank Dump Master 0.00 224 Hose Bed, Aluminum, Pumper, New York Style, Fill In Blank Height 2,160.59 Fill in Blank - 62 221 Not Required, Jet Assist 0.00 222 Not Required, Dump Valve Chute 0.00 219 Not Required, Direct Tank Fill 0.00 220 Not Required, Dump Valve 0.00 217 Modified Poly Tank & Cradle, Ext'd To Rear, Pumper 1,360.79 218 Restraint, Water Tank, Heavy Duty, Special Type Tank, 4x4, or Export 560.42 216 Fill Dome Special Location 0.00 Location, Tank Dome - Match 33243 - in line and rearward of foam dome 214 Overflow, 4.00" Water Tank, Poly 0.00 215 SP Dome, Foam Fill, Location 0.00 Location - Match 33243. On the DS front corner of upper portion of water tank 212 Body Skirt Height, 20" 0.00 213 Tank, Water, 500 Gallon, Poly, Med, New York Style 1,227.00 210 Switch, Master, Pump Panel Lights 0.00 211 Pumper, Medium, Aluminum, 2nd Gen 0.00 208 Lights, Not Required, Rear Work, Alt. 12 Volt Lights At Rear Body 0.00 209 Lights, Walk Surf, Dual LED Light Strips, Cargo Area, Bdy Stp Lt 0.00 Control, Hose Bed Lts - DS Pump Panel Sw Light Bracket - No Bracket Qty, - 01 Light Guard - Without Guard 206 Not Required, Deck Lights, Other Hose Bed & Rear Lighting 0.00 207 Lights, Front of Hose Bed, Wln 70C0ELZR LED 457.45 Location - mounted high and centered on cross divider Scene Light Optics - Flood Mount, Wln II - Universal Bail P**1 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab Sw Panel DS 205 Lights, Wln, P*H1* Pioneer, 12 VDC, 2nd 3,107.44 Location - PS catwalk. Match 33243 Qty, - 02 Scene Light Optics - Flood Mount, Wln II - Universal Bail P**1 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab Sw Panel DS 204 Lights, Wln, P*H1* Pioneer, 12 VDC, 1st 3,107.44 Location - DS catwalk. Match 33243 Qty, - 02 Scene Light Optics - Flood Mount, Wln II - Semi-recessed 15 deg P**1 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab Sw Panel DS 203 Lights, Wln, P*H1* Pioneer, 12 VDC, 3rd 2,340.00 Location - One DS and one PS rear Match 33243 Qty, - 02 Scene Light Optics - flood Mount, Wln II - Semi-recessed 15 deg P**1 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab and Crew Cab Dr Sw, DS and DS Flood Lts Location - High and rear of DS crew door Qty, - 01 1/6/2022 5:00 AM Bid #: 827 Page 1 0899313 1 0040083 2 0730533 1 0695401 1 0681766 1 0690027 1 0003531 1 0590926 2 0014110 2 0003561 1 0023650 1 0063658 1 0692733 6 0098470 1 0692746 1 0554995 1 0509489 1 0634455 1 0016023 1 0618000 2 0019845 7 0616670 5 0689538 2 0687146 1 0600350 1 0627831 1 Tray, Low Side Height, Front - 1" location - B1 Material - paint to match compt interior Location, Shelves/Trays, Predefined - RS3-Centered 253 Tray, Floor Mounted, Slide-Out, Full Width/Full Depth, Low/Special Sides, 2G 0.00 Qty, - 01 252 Shelves, Adj, 500 lb Capacity, Full Width/Depth, Predefined Locations -2,684.00 Qty, Shelf - 01 Material Finish, Shelf - Painted - Nightspots 251 Shelf Tracks, Painted -907.00 Qty, Shelf Track - 01 Location, Shelf Track - RS3 250 Lights, Compt, Pierce, LED Light Strip, 54", Additional 397.37 Location, Lights - P2 and D2 mounted horizontal on ceiling Qty, - 02 249 Lights, Compt, Pierce LED, Dual Light Strips, Each Side of Door, Pumper/Tanker 0.00 Qty, - 05 Location, Compartment Lights - LS1, LS3, RS1, RS3 and B1 248 Guard, Drip Pan, S/S, Rollup Door 1,127.48 Qty, Door Accessory - 07 Location, Door Accessory - all body compartment doors 247 SP Guard, S/S for "D" Latch Handle on Access Door, Each 348.38 Location - Each door at pump panel next to crosslays Mount on inside of slam latch so back boards cannot hit lock and unlock Qty, - 02 245 Scuffplate, Brushed S/S, Insides of Hose Bed Walls (3) 1,114.86 246 Scuffplate, Polished S/S On Rear Outside Edge of Body 620.70 244 Scuffplate, S/S, Rear Ladder Rack Arm 119.99 Location - DS Qty, Scuffplates - 01 Latch, Roll-up Door, Gortite - Locking, 751, AXT/Qtm/Dash CF/Saber Cab 243 No Body Modification Required 0.00 241 Compt, Flush Rear, Rollup, 30.75" FF, 25.88" D 1,006.56 242 Door, Gortite, Rollup, Rear Compartment 87.00 Color, Roll-up Door, Gortite - Satin finish Color, Roll-up Door, Gortite - Painted to Match Lower Body Latch, Roll-up Door, Gortite - Non-Locking Liftbar 239 RS 152" Rollup, Full Height Front & Rear, FDLER 0.00 240 Doors, Rollup, Gortite, Side Compartments 1,083.00 Qty, Door Accessory - 06 237 Construction, Compt, Alum, Pumper 0.00 238 LS 152" Rollup, Full Height Front & Rear, FDLER -1,401.00 236 Tray, Hose, Running Board, 100' of 1.50" Hose 599.00 Location, Hose Tray, Running Board - a) both sides Qty, Tray, Hose - 2 235 Hose Restraint, Running Board, Velcro Straps 146.00 Location, Hose Tray, Running Board - a) both sides Qty, Tray, Hose - 2 233 Wall, Rear, Smooth Aluminum/Body Material, Flush Rear Wall 0.00 234 Tow Bar, Under Tailboard 0.00 231 Running Boards, 14.75" Deep, Rear 45 Degree Corner 108.05 232 Tailboard, 16" Deep, Full Width, Extended Substructure, Angled Corners 1,441.76 Type of fastener, Rear - Velcro straps Type of fastener, Front - Velcro straps 230 SP Hose Restraint, Hose Bed, Vinyl, Top Only, w/Special Webbing & Velcro 955.36 Color, Vinyl Cover - c) black Type of fastener - Velcro straps 229 SP Divider, Hose Bed, Unpainted, Extruded, Additional 1,203.59 Location - Install two in the center of the hose bed Match previous unit 29715 Qty, - 02 228 SP Hose Restraint, Hose Bed, 2" Nylon Web, Rr, (2)Seat Belt Top,Spl Base,Clearwater 95.00 Nylon Web Color - Black 1/6/2022 5:00 AM Bid #: 827 Page 1 0726394 2 0003995 1 0602555 1 0009729 4 696950 2 0004016 1 0784811 1 0519849 1 0621021 1 0778825 1 0739825 1 0749600 1 0657651 2 0004225 1 0004230 1 0028934 1 0756375 1 0733387 1 0761307 1 0040714 1 0024499 1 0795582 1 274 Arm, Rear, Offset, Hydraulic Rack 2000, Recess Light 918.52 275 SP Bracket, Mounting, Surf Board, Inboard of Hydraulic Ladder Rack 499.59 Location - inboard of hydraulic rack similar to when HSH is mounted there 273 SP Ladder, Mounting, 2000 Rack Special Arrangement 246.50 Fill in Blank - They want the 14' ladder to load first so the first one off will be the 24' 272 Mounting Clips, Folding Ladder, Hydraulic Ladder Rack 0.00 Location, Folding Ladder Storage - Hydraulic Rack - Outboard Trim, T-L 15 - Chrome 271 Ladder, 10' Duo-Safety Folding 585A 0.00 270 Lights, Hyd Lad Rack Deployed, Truck-Lite 15**** 0.00 Color, Light - Amber Flashing Color, Lens, LED's - Clear 269 Rack, Ladders, Hydraulic, Left Side, Air Clamps 6,967.00 Ladder Rack Lock Enclosure/Light Mounting Bracket - LS Front & Rear S/S Enclosure Location, Hydraulic Ladder Rack Controls - Pump Panel 267 Ladder, 24' Duo-Safety 900A 2-Section 0.00 268 Ladder, 14' Duo-Safety 775A Roof 0.00 Latch, Air Bottle Compt - Southco C2 Chrome Raised Insert, Air Bottle Compt - Rubber Matting and W-Shaped Insert Qty, Air Bottle Comp - 2 Door Finish, Fender Compt - Polished Location, Fender Compt - Double - LS Fwd and Double - RS Fwd Location, Bracket/comp. - RS rear fender Qty, Air Bottle Comp - 1 266 Compt, Air Bottle, Double, Full Width Door, Fender Panel -1,945.00 Switch, Handrail Light Control - With Cab Hand Rail Controls Color, Light, Hansen Handrail - Red 265 SP Compt, Air Bottle in Fender Panel, Double, Vertical, SouthCo C2 Latch -972.00 Switch, Handrail Light Control - With Cab Hand Rail Controls Color, Light, Hansen Handrail - Red 264 SP Handrails, Rear, (3), (1) Above (2) Below, Hansen,Below Knurled Alum LED Backlit 1,261.12 Switch, Handrail Light Control - With Cab Hand Rail Controls Color, Light, Hansen Handrail - Red 263 SP Handrails, Beavertail, Hansen Tubing, Knurled Aluminum, LED Backlit, RS Only 348.26 261 Not Required, Hose, Hard Suction 0.00 262 Handrails, Side Pump Panels, Per Print, Hansen Knurled Alum Tubing, LED Backlit 620.84 259 Rub Rail, Aluminum Extruded, Side of Body 0.00 260 Fender Crowns, Rear, Stainless, w/Removable Liner 0.00 Material Finish, Fender Liner - Painted Lower Body Size - 9.25" Dimensions - 7.25" by 3" high. Qty, Comp. Accessory - 02 Location, Bracket/comp. - Match 33243 - the mounts will be positioned 49.25" off the compartment floor to the top of curve. One (1) bracket to be 11" to center of bracket Qty, Comp. Accessory - 04 258 High Rise Pack Storage, Curved Mount, Inside Compt, Each 1,086.06 Location - RS1 Qty, Comp. Accessory - 1 257 Pac Trac, Installed on Compt Walls 4,240.82 Location - rear upper tank wall of RS2, LS1, LS2 and LS3 Qty, Comp. Accessory - 01 256 No Louvers, Delete Standard Compt Louvers, Per Compt, Non-NFPA 2016 135.53 Location - B1 Location - upper/forward (of body) corner 255 Grating, Alum in Compt 161.07 Location - LS3 Location, Partition - c) both sides Fill in Blank - a pike pole tube (broom storage) w/ open ends to pass through from RS1 to LS1 Tray, Low Side Height, Right & Left - 1" 254 Partition, Trans Rear Compt, Notched 657.52 Qty, Partition - 02 Tray, Low Side Height, Rear - 1" 1/6/2022 5:00 AM Bid #: 827 Page 1 0725371 1 0602877 1 0602875 1 0058193 2 0784210 1 0785102 1 0592994 1 0005496 1 0035501 1 0004425 1 0004481 1 0559769 1 0635600 1 0605126 1 0003148 1 0004547 1 0014486 1 0746511 1 0546803 1 0641743 1 0780364 1 0603129 1 0795135 1 0004645 1 0004646 1 0084610 1 0004686 2 0004700 1 0004660 1 0004680 1 0897257 1 0014823 1 0737987 1 0732444 1 Finish, Front Inlet Elbow/Adapter - Chrome 309 Swivel, Front Inlet, 4.00" to 6.00", w/Drain 1,956.15 Inlet, Size - 6.00" inlet Inlet Bleeder - Quarter-Turn Style Bleeder 308 Valve, Relief Intake, Front Inlet, TFT 840.71 Pressure Setting - 125 psig Inlet, Front, Plumbing - Stainless Steel 307 Control, Front Inlet, Electric, w/Indicator Lights 994.39 Drain, Suction - Swing Handle Inlet, Front, Valve - Bray 5.00" 305 Inlet, Right Side, 2.50" 1,420.15 306 Inlet, 4" to 6" Front, 5" Plumbing, w/Bleeder Valve, Top of Bumper 10,258.96 Inlet, Size - Six 303 Control, Inlet, at Valve 0.00 304 Inlet (1), Left Side, 2.50" 0.00 302 Valve, Inlet(s) Recess Behind Panel, Side Cntrl 1,107.83 Qty, Inlets - 2 300 Cap, Main Pump Inlet, Long Handle, NST, VLH 0.00 301 Valves, Akron 8000 series- All 0.00 298 Plumbing, Stainless Steel, w/Foam System 0.00 299 Inlets, 6.00" - 1250 GPM or Larger Pump 0.00 296 Manuals, Pump, (2) Total, Electronic Copies 0.00 297 Plumbing, Stainless Steel and Hose, Single Stage Pump 1,076.61 294 Controller, Pressure, Class 1 Total Pressure Governor (TPG) 0.00 295 Primer, Waterous, VPO Motor, (1) VAP Valve, (1) Push Button Control 238.00 293 Valve, Relief Intake, TFT 0.00 Pressure Setting - 125 psig 291 Auxiliary Cooling System 0.00 292 Not Required, Transfer Valve, Stage Pump 0.00 289 Pump Shift, Air Mnl Override, Split Shaft, Interlocked, Waterous 0.00 290 Transmission Lock-up, EVS 0.00 287 Trans, Pump, Waterous C20 Series 0.00 288 Pumping Mode, Stationary Only 0.00 285 Pump, Waterous, CSU, 1500 GPM, Single Stage 4,804.00 286 Seal, Grafoil, Waterous 0.00 283 Pump House, Side Control, 45" 0.00 284 Pump House Structure, Std Height 0.00 282 Steps, Folding, Rear of Body, w/LED, Trident 0.00 Coating, Step - luminescent 281 Steps, Folding, Front of Body, Cargo Bed Access, w/LED, Trident 971.00 Coating, Step - luminescent Location, Steps - Full Height Right Side w/LED Light 280 SP Tubes, Alum, Long Tool Storage, 2.50" Diameter, Transverse Through Rear Compt 332.97 Location - upper front corner of B1, open ends flush with partitions for transverse pass through, per write up at final Qty, - 01 279 Tubes, Alum, Pike Pole Storage, Spcl Notch, NY PP Head 116.00 Location - on the left side hydraulic ladder rack, outboard, underneath the folding ladder Qty, Pike Pole Tubes - 02 278 Pike Pole, 6', Pumper, Provided by Fire Department, NFPA 2016 0.00 Pike Pole Make/Model - Fire Hooks Unlimited New York Roof Hook, RH-6 277 Pike Pole, Pumper, Provided by Fire Department, NFPA 2016 0.00 Pike Pole Make/Model - Fire Hooks Unlimited 10' New York Roof Hook Access, Backboard/Stokes/Long Tool Compt - Both Size, Backboard, Predefined - 72"L x 18"W x 3"H Hinge Location - Rearward Location, BB/Stokes/Long Tool Storage Over Pump - Rearward, Cargo Area Latch, Door, Storage - Southco M1 Push Close, Flush Qty, Backboard Troughs - 2 Fill in Blank - 11'L x 24"W x 5" thick on the ends; however the board is curved so there is 7" in the center. Also, the fin is 10.75" tall.276 Backboard Storage, Compt w/Door, Over Pump 1,903.79 Door, Material & Finish, Storage - Polished S/S 1/6/2022 5:00 AM Bid #: 827 Page 1 0004788 1 0092569 1 0064116 1 0092696 1 0009648 1 0037897 1 0092568 1 0563738 1 0029043 1 0004905 1 0062133 1 0004940 2 0005091 1 0092570 1 0035094 1 0004945 1 0025091 1 0092571 1 0089584 1 0005047 1 0005097 1 0649939 1 0633403 1 0004995 2 0602431 1 0024930 2 0065696 1 0092573 1 0752097 1 0563739 1 0091106 1 0770359 1 0029304 1 0046857 1 0723726 1 0722432 1 0723395 1 0723394 1 0029167 2 0029196 1 0591145 1 0029260 1 0750536 1 0034554 1 0764515 2 Qty, - 02 353 SP Crosslays, 6.00" Lower Than Standard 864.38 354 SP Scuffplate, Brushed S/S, Front & Rear Wall of Crosslay 618.99 Location - on the painted surfaces of the crosslays 351 Not Required, Speedlays 0.00 352 Hose Restr, Spdly, Not Required, No Spdly 0.00 349 Not Required, 2.50" Crosslay 0.00 350 Hose Restraint, Crosslay/Deadlay, Top and Ends, Elastic Netting 0.00 Qty, - 01 348 Crosslays Sngl Sheet Unpainted, (2+) 1.50", Std. Cap 0.00 Qty, Crosslays - 2 346 Speedlays, Not Required 0.00 347 Speedlays, Not Required 0.00 344 Speedlay Module Not Required 0.00 345 Hose Restraint Not Required, No Speedlay Module 0.00 342 No Nozzle Req'd 0.00 343 Deluge Mount, For TFT Crossfire Monitor, TFT Manual Extend-A-Gun Only 0.00 341 No Monitor Requested, Customer/Dealer Furnished and Installed 0.00 Fill in Blank - TFT Crossfire 339 Valve, 0.75" Bleeder, Discharges, Swing Handle 0.00 340 Outlet, 3.00" Deluge w/TFT Extend-a-Gun XG18, Handwheel 2,716.00 337 Not Required, Outlet, Hose Bed/Running Board Tray 0.00 338 Caps/Plugs for 1.00" to 3.00" Discharges/Inlets, Chain 0.00 Qty, Discharges - 02 336 Not Required, Elbow, Rear Outlets, 1.50", Additional 0.00 334 Elbow, Rear Outlets, 2.50", Provided by Fire Department, NFPA 2016 0.00 335 Outlet, Rear, 1.50", Additional 4,054.20 Location - PS 333 Outlet, Rear, 2.50" 4,832.04 Qty, Discharges - 02 Location, Outlet - b) left side Location, Front, Single - top of left bumper 332 Front Outlet, Raised, On a Bright Aluminum Treadplate Box 230.79 331 Outlet, Front, 1.50" w/2" Plumbing 2,733.93 Fitting, Outlet - 1.50" NST with 90 degree swivel Drain, Front Outlet - Automatic 330 Elbow, Large Dia Outlet, 30 Deg, 4.00" FNST x 5.00" Storz 0.00 Qty, - 01 328 Not Required, Elbow, Right Side Outlets, Additional 0.00 329 Outlet, 4" w/4" Right, Handwheel 0.00 Valve, Brand - Akron 326 Elbow, Right Side Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 0.00 327 Not Required, Outlets, Right Side Additional 0.00 324 Not Required, Elbow, Left Side Outlets, Additional 0.00 325 Outlet, Right Side, 2.50" 0.00 Qty, Discharges - 01 322 Elbow, Left Side Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 0.00 323 Not Required, Outlets, Left Side Additional 0.00 321 Outlet, Left Side, 2.50" 0.00 Qty, Discharges - 02 319 Outlet, Tank Fill, 1.50" 0.00 320 Control, Outlets, Manual, Pierce HW if applicable 0.00 317 Valve, .75" Bleeder, Aux. Side Inlet, Swing Handle 0.00 318 Tank to Pump, (1) 3.00" Valve, 3.00" Plumbing 0.00 315 SP Front Suction, Max Clearance 231.30 316 No Rear Auxiliary Inlet Requested 0.00 313 Not Required, Cap, Rear Inlet 0.00 314 No Rear Intake Relief Valve Required on Rear Inlet 0.00 311 No Rear Inlet (Large Dia) Requested 0.00 312 No Rear Inlet Actuation Required 0.00 310 Cap, Front Inlet, Long Handle, VLH 0.00 1/6/2022 5:00 AM Bid #: 827 Page 1 0015412 1 0012126 1 0552517 1 0031896 1 0005448 1 0091036 1 0091079 1 0091112 1 0746445 1 0035570 1 0629224 1 0721765 1 0005945 1 0586382 1 0005601 1 0739224 1 0549333 1 0745568 1 0763096 1 0069390 1 0511078 1 0511100 1 0032297 1 0604123 1 0750438 2 0604354 1 0593161 1 0682261 1 0682498 1 0606697 1 0606833 1 0757092 1 0757084 1 0898102 1 0039791 1 0006133 1 0510206 1 0748306 1 0748291 1 0601375 1 0601551 1 0895310 1 0006095 1397 Siren, Mechanical, Mounted Above Deckplate 0.00 Location, Siren, Mech - a) Left 395 Location, Speaker, Frt Bumper, Recessed, Right Side, Outside Frame,Outbrd(Pos 1) 0.00 396 Siren, Federal Q2B 0.00 Finish, Q2B Siren - Chrome 394 Speaker, (1) Code 3, PB100C, Chrome 0.00 Connection, Speaker - siren head 392 Control, Elec Siren, Multi Select 0.00 393 Control, Elec Siren, Push Button Sw, LS 153.14 390 Siren, Code 3 3692 100W or 200W 56.00 391 Location, Elect Siren, Recessed Overhead In Console 0.00 Location, Elec Siren - Overhead, PS Inside Sw Pnl 389 Switch, Disable Air Horn Foot Switches 279.47 Location - Driver side switch panel 387 Control, Air Horn, Horn Ring 0.00 388 SP Control, Air Horn, Ft Sw, RS Prk Brk Interlocked 0.00 385 Location, Air Horns, Bumper, Each Side, Inside Frame (Pos #3 & #5) 0.00 386 Control, Air Horn, Multi Select 0.00 383 Light Shield/Step 8", PS LED, P25 LED Stp Lt 658.14 384 Air Horns, (2) Grover, In Bumper 401.00 381 Light Shield, S/S LED 0.00 382 Light Shield/Step 8", DS LED, P25 LED Step Lt 658.14 Color, Trim - Chrome Trim 380 Gauge, Foam Level, FRC, Tank Vision Pro, WLA 360-A00, Class "A" 1,040.01 Activation, Water Level G - pg) pump in gear Location, Water Level Gauge, Multi-Select - Each Side Custom Cab 378 Gauge, Water Level, FRC, WLA 300-A00, TankVision Pro, w/Remote Light Driver 548.00 379 Water Level Gauge, Wln PSTANK2, LED 1-Light, 4-Level 960.17 Qty, - 02 377 Gauge, Flowmeter, Class 1, IAT 1,581.20 Qty, Gauges/Disc. - 01 Discharge w/Flowmeter - 4" PS LD discharge 375 Gauges, 4.00" Master, Class 1, 30"-0-600psi 0.00 376 Gauge, 2.00" Pressure, Class 1, 30"-0-400psi 0.00 373 Fittings, Compression IPO PTC, All Pump Panel Gauges 634.06 374 Control, Air Horn At Pmp Pnl, Red Button 208.21 371 Indicators, Engine, Included with Pressure Controller 0.00 372 Indicator Light, Pump Panel, Ok To Pump, Green 0.00 369 Throttle, Engine, Incl'd w/Press Controller 0.00 370 Indicator Light @ Pump Panel, Throttle Ready, Incl w/Pressure Gov/Throttle,Green 0.00 367 Light, Pump Compt 0.00 368 Gauges, Engine, Included With Pressure Controller 0.00 Material, Pump Panel, Side Control - Aluminum 366 Panel, Pump Access - Right Side Only, Side Control 0.00 Latch, Pump Panel Access, Side Mount - Swell Latch, Black 364 Pump Panel Configuration, No Match Required 0.00 365 Material, Pump Panels, Side Control Black Line-X 757.97 Material Finish, Pump Panel, Side Control - Black Line-X 363 Approval Dwg, Pump Operator's Panel, Includes Color And Label Tags 0.00 Num Of Truck(s) or Sim Unit, OPER Pump Pnl, Dwg - 33243 361 Not Required, Foam Tank #2 0.00 362 Not Required, Foam Tank #2 Drain 0.00 Foam, Brand Name - national 360 Drain, 1.00" Foam Tank #1 0.00 358 Demonstration, Foam System, Dealer Provided 0.00 359 Foam Cell, 40 Gallon, Not Reduce Water 2,201.92 Type of Foam - Class "A" 356 Not Required, CAF Compressor 0.00 357 Not Required, Refill, Foam Tank 0.00 355 Foam Sys, Akron Eductor 3126-125 (Single Agent) 6,419.79 Discharge - Forward crosslay 1/6/2022 5:00 AM Bid #: 827 Page 1 0748305 1 0748280 1 0740834 1 0746353 1 0607632 1 0641779 1 0723867 1 0778320 1 0620063 1 0756747 1 0740183 1 0680983 1 0734326 2 0740182 4 0662391 4 0773305 1 0006700 1 0088745 1 0006551 1 0006615 1 0781579 1418 Receptacle, 15/20A 120V 3-Pr 3-Wr, NEMA 5-20R SB Dup, 1st, Interior Cab 362.28 Qty, - 01 Location 1 - DS EMS compartment. Lower inboard corner 416 Not Required, Lights, Rear Upper Zone Blocking 0.00 417 Mtg, Rear Warn Lts, On Top of Compt 0.00 Qty, Lights, Pair - 1 415 Light, Rear Zone Up, Wln L31HRFN LED Beacon, Red LED 0.00 Color, Dome, Rear Warning - j) both domes clear Color, Lt PS Rear - a) PS Rear Lt Amber 414 Mounting, Lights, Recess In Rear Bulkhead (pair) 618.74 Location - one (1) each side on upper corners of bulkheads 413 Lights, Rear Zone Lower, Wln C6L** LED 0.00 Color, Lens, LED's - Clear Color, Lt DS Rear - a) DS Rear Lt Amber Control, Light - b) side warning Color, Lens, LED's - c)clear 412 Lights, Side, Wln WIONSMCD Split R/W LED, Chrome Flng,Mnt In Rub Rail 1st 1,282.13 Location, Lights - Center of each rub rail Total 4 Qty, - 04 Color, Lt Side Split - Red and White Color, Trim - Chrome Trim 411 SP Lights, Side, Wln C6# LED 1st 1,950.69 Location, Lights - a pair rear of the crew cab door inline with the side warning light on the front bumper. Put the second pair on the front bumper on the angled portion. Qty, - 04 Qty, - 02 Color, Trim - Chrome Trim 409 Lights, Door Interior Flash, 4 Dr Cab, Weldon 8401-0000-20 LED Strip Light Ovr W 822.15 410 SP Lights, Door Interior Flash, Cab Compt, Wln PSSEQACR LED, Strip Lt 920.32 Location - on the INTERIOR of the LS and RS exterior EMS cabinet doors Color, Lt Side Mid LS Cmb - Red White Color, Lt Side Mid RS Cmb - Red White Color, Lt Side Frnt RS Cmb - Red White Color, Lt Side Frnt LS Cmb - Red White Color, Lt Side Rear PS - Red Color, Lt Side Rear DS - Red Location, Lights Rear Side - Over Rear Wheels Color, Trim - Chrome Trim Control, Scene Lts - Cab Sw Panel DS and Directional Light Location, Lights Mid Side - Above front wheels on the EMS doors. match J# 34515 407 SP Flash Pattern,Wln Dominator To Phasing In/Out 223.70 408 SP Lights, Side Zone Lower, Wln C6#, C6#, M6V2*C 6lts 2,394.00 Location, Lights Front Side - b)each side bumper Color, Lt PS Front Inside - r) PS Front Inside Red 406 Light, Front, Wln Dominator Plus DP8 30.36", 8-Red, Behind Low Grl Mt 1,946.86 Color, Lt PS Frnt Outside - PS Front Outside Red Color, Lt DS Front Inside - r) DS Front Inside Red 405 Light, Front Zone, Wln C6L** LED, 4lts Q Bezel 0.00 Color, Lens, LED's - Clear Color, Lt DS Frnt Outside - DS Front Outside Red 403 Bracket, Lightbar, Forward Offset, FR Raised Roof Cab 220.98 404 Lightbars, Wln, Freedom IV-Q, 2-21.5", RRWRR RRWRR 4,670.04 Lightbar Location, Cab/Crew Cab - c)over the cab doors Momentary Opticom Activation - No Activation Filter, Whl Freedom Ltbrs - No Filters 402 Lightbar, Wln, Freedom IV-Q, 81", RRRRWRRROptRRRWRRRR 5,766.00 Opticom Priority - b) High Opticom Activation - E-Master 400 Sw, Siren Brake, Momentary Red, LS Overhead Sw Pnl 0.00 401 Not Required, Warning Lights Intensity 0.00 398 Control, Mech Siren, Multi Select 0.00 399 Control Mech Siren, Horn Ring 10.00 1/6/2022 5:00 AM Bid #: 827 Page 1 0519934 1 0007150 1 0602516 1 0602407 1 0027023 1 0602538 1 0602360 1 0602679 1 0602667 1 0741569 1 0709846 1 0709845 1 0646897 1 0693797 1 0687653 1 0733739 1 0639088 1 0544087 1 0510041 1 0536954 1 0027341 1 0679885 1 0567374 1 0087355 2 0065687 1 0679822 1 0594559 1 0685932 1 0686084 4 0685817 13 0685732 4 0686082 1 0776253 1451 SP Emblem, ISO CLASS 1, w/Ribbon, Sign Gold, Pair 299.89 Qty, - 1 450 Lettering, Reflective, 3.00", (1-20) 347.72 Outline, Lettering - Outline 449 Lettering, Sign Gold, 14.00", Each 768.47 Qty, Lettering - 04 Outline, Lettering - Outline and Shade 448 Lettering, Sign Gold, 4.00", Each 451.51 Qty, Lettering - 13 Outline, Lettering - Outline and Shade 447 Lettering, Reflective, 3.00", Each 69.54 Qty, Lettering - 04 Outline, Lettering - Outline 446 Lettering, Sign Gold, 3.00", (41-60) 1,132.06 Outline, Lettering - Outline and Shade 444 Stripe, Sign Gold, Two-Tone Paint Break with Shield, IPO Chrome Molding 656.83 445 Lettering Specifications, (Sign Gold Process) 0.00 443 Stripe, Reflective, Cab Doors Interior 0.00 Color, Reflective - e) black Color, Reflect Band - A - e) black Qty, - 02 441 Stripe, Black Outline each Chevron Stripe @ Rear (Not Warranted) 279.98 442 Stripe, Reflective, 6" Inside Compt Door 83.68 Location - each exterior access EMS compt door 440 Stripe, Sign Gold Outline Above & Below Reflective Band 2,516.84 Qty, - 01 Color, Rear Chevron DG - yellow 439 Jog, In Reflective Stripe, Single or Multiple 261.25 Qty, - 1 437 Reflective across Cab Face, Imp/Vel 0.00 438 Stripe, Chevron, Rear, Diamond Grade, Pumper 0.00 435 Compartment Paint, 909017, Nightspots 2,040.29 436 Reflective Band, 6" 0.00 Color, Reflect Band - A - a) white 434 Paint, Axle Hubs 0.00 Paint, Axle Hub - Lower Job Color 432 No Paint Required, Aluminum Front Wheels 0.00 433 Paint, Rear Wheels, Single Axle, Alum-Stl 0.00 Paint, Wheels - Black #101 431 Paint Chassis Frame Assy, E-Coat, Standard 0.00 Paint Color, Frame Assembly, Predefined - Standard Black 430 Paint, Single Color, Body 0.00 Paint, Body - Match Lower Cab Paint Color, Lower Area, Predefined - #90 Red Paint Break, Cab - Standard Two-Tone Cab Break 429 Paint, Two-Tone Color, Velocity/Impel 2,007.75 Paint Color, Upper Area, Predefined - #10 White Shield, Cab - High Shield-Velocity/Impel 427 Axe, Pickhead, Pumper NFPA 2016 Classification, Provided by Fire Department 0.00 428 Paint Process / Environmental Requirements, Appleton 0.00 425 Extinguisher, 2.5 Gal. Pressurized Water, Pumper NFPA 2016,Provided by Fire Dept 0.00 426 Axe, Flathead, Pumper NFPA 2016 Classification, Provided by Fire Department 0.00 423 No Strainer Required 0.00 424 Extinguisher, Dry Chemical, Pumper NFPA 2016 Class, Provided by Fire Department 0.00 421 NFPA Required Loose Equipment, Pumper, NFPA 2016, Provided by Fire Department 0.00 422 Soft Suction Hose, Provided by Fire Department, Pumper NFPA 2016 Classification 0.00 419 Not Required, Brand, Hydraulic Tool System 0.00 420 Bag of Nuts and Bolts 0.00 Qty, Bag Nuts and Bolts - 1 AC Power Source - Shoreline Cover, Receptacle - Interior SS Wall Plate(s) 1/6/2022 5:00 AM Bid #: 827 Page 1 0632430 1 0695610 1 0654570 2 0657001 2 0769765 1 0000000 1 0031972 1 0002905 1 0032433 1 0030008 1 0611136 1 0696698 1 0684953 1 0595767 1 0595698 1 0733306 1 0652758 1 0019914 1 0744240 1 0524627 1 0695416 1 0647720 1 0046369 1 0685945 1 0688798 1 0596025 1 0693127 1 0734463 1 0648675 1 0641372 1 0595820 1 0595412 1 0683627 1 0736241 1 0686786 1 0667417 1 0548950 1 0548967 1 0667411 1 0549273 1 0735950 1 0545073 1 0002758 1 0799248 1 0000018 1 0000012 1 0004713 1 0046395 1 0020011 1 0020009 1501 POLY TANK 0.00 499 EVS 3000 Series TRANSMISSION 0.00 500 WATEROUS PUMP 0.00 497 PIERCE CHASSIS 0.00 498 ENGINE, OTHER 0.00 495 Appleton/Florida BTO 0.00 496 PUMPER, 2ND GEN 0.00 493 Amp Draw Report, NFPA Current Edition 0.00 494 Amp Draw, NFPA/ULC Radio Allowance 0.00 491 Certification, Seat Belt Anchors and Mounting, Imp/Vel/Vel SLT, CD0018 0.00 492 Certification, Cab HVAC System Perf, Vel/Imp FR, CD0166/CD0168/CD0176/CD0177 0.00 489 Certification, Windshield Wiper Durability, Impel/Velocity, CD0005 0.00 490 Certification, Electric Window Durability, Velocity/Impel FR, CD0004 0.00 487 Certification, Cab Integrity, Velocity FR, CD0009 0.00 488 Certification, Cab Door Durability, Velocity/Impel, CD0001 0.00 485 Certification, Engine Installation, Imp/Vel, Cummins L9, 2021 0.00 486 Certification, Power Steering, CD0098 0.00 483 Warranty, Graphics Lamination, 1 Year, Apparatus, WA0168 0.00 484 Certification, Vehicle Stability, CD0156 0.00 481 Warranty, Foam System, Not Available 0.00 482 Warranty, Paint, 10 Year, Body, Pro-Rate, WA0057 0.00 479 Warranty, Pump, Waterous, 7 Year Parts, WA0382 0.00 480 Warranty, 10 Year S/S Pumbing, WA0035 0.00 477 Warranty, Structure, 10 Year, Body, WA0009 0.00 478 Warranty, Gortite, Roll-up Door, 6 Year, WA0190 0.00 475 Warranty, Transmission Cooler, WA0216 0.00 476 Warranty, Water Tank, Lifetime, UPF, Poly Tank, WA0195 0.00 473 Warranty, Pierce LED Strip Lights, WA0203 0.00 474 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 0.00 471 Warranty, Electronics, 5 Year, MUX, WA0014 0.00 472 Warranty, Pierce Camera System, WA0188 0.00 469 Warranty, Structure, 10 Year, Custom Cab, WA0012 0.00 470 Warranty, Paint, 10 Year, Cab, Pro-Rate, WA0055 0.00 467 Warranty, Single Axle, 5 Year, Meritor, General Service, WA0384 0.00 468 Warranty, ABS Brake System, 3 Year, Meritor Wabco, WA0232 0.00 465 Warranty, Frame, 50 Year, Velocity/Impel, Dash CF, WA0038 0.00 466 Warranty, Axle, 3 Year, TAK-4, WA0050 0.00 463 Warranty, Engine, Cummins, 5 Year, WA0181 0.00 464 Warranty, Steering Gear, Sheppard M110, 3 Year WA0201 0.00 461 Warranty, Basic, 1 Year, Apparatus, WA0008 0.00 462 Warranty, Chassis, 3 Year, Velocity/Impel, WA0284 0.00 459 Manuals, (2) Chassis Service, Custom 310.00 460 Manuals, Two (2) Chassis Operation, Custom 0.00 457 Equipment Mounting at Dealership 0.00 458 Manuals, Two (2), Fire Apparatus Parts, Custom Chassis 214.00 Size, Dept Seal, Reflect - 12" - 14" 456 Lettering, Numerals, Grille, Painted w/ Outline (2) 1,053.77 455 SP Emblem, Reflective, Per Dept. Submittal, Each 473.44 Qty, - 02 Location, Emblem - cab doors Location, Emblem - crew cab windows Size, Dept Seal, Vinyl - 13"-15" Size, Dept Seal, Reflect - 22" - 24" 454 Emblem, Vinyl, Per Dept. Submittal, Each 447.47 Qty, - 02 453 Emblem, Reflective, Per Dept. Submittal, Each 349.28 Qty, - 01 Location, Emblem - rear roll up door 452 SP Emblem, Helmet Logo w/Sign Gold Lettering America's Bravest 391.43 Qty, - 1 Location, Emblem - D1/P1 1/6/2022 5:00 AM Bid #: 827 Page 1 0028087 1 0020006 1 0020007 1 0020014 1 0020015 1 0658751 1507 PUMPER BASE 0.00 Total Options: $173,622.61 505 FRONT SUCTION 0.00 506 ABS SYSTEM 0.00 503 SIDE CONTROL 0.00 504 AKRON VALVES 0.00 502 EDUCTOR FOAM SYSTEM 0.00 1/6/2022 5:00 AM Bid #: 827 Page 1 EXHIBIT B WARRANTY Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0008 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. No specific exclusions apply Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: One (1) Year Material and Workmanship Basic Apparatus Twelve (12) months.Warranty Period Ends After: The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins: Portions of the apparatus manufactured by Pierce shall be free from defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Fire and Rescue Apparatus Coverage: Three (3) Year Material and Workmanship Velocity and Impel Custom Chassis Limited WarrantyLimited WarrantyLimited WarrantyLimited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Portions of the apparatus manufactured by Pierce shall be free from defects in material and workmanship 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins: This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty applies, where applicable, to Goldstar lamination, defroster heater coil and motor blower assembly (excluding the FET PWM module), heater, air conditioning condenser coil and fan/motor assembly, air conditioning evaporator coil and motor blower assembly (excluding the drain pan pump and thermostat), under seat heaters coil and motor blower assembly (excluding the FET PWM module), HVAC electronic switches, HVAC hoses and hard lines, heater water valve, Pierce PS6 seat frames and hardware, Pierce One-Eleven mirrors, Pierce hands-free scba holder, cracking or color loss of roto-molded components, Meritor rear axle, Wabco ABS system, cab door handles, Standen spring suspension components, and the gauge instrument cluster. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Three (3) Years, or 30,000 Miles, or 5000 Engine Hours Warranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.7/2/2015 WA0284 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Cummins Warranty Worldwide Fire Apparatus/Crash Trucks Coverage Products Warranted This Warranty applies to new diesel Engines sold byCumminsanddeliveredtothefirstuseronorafterApril1,2007,that are used in fire apparatus truck andcrashtruck*applications Worldwide. Base Engine Warranty The Base Engine Warranty covers any failures of theEnginewhichresult,under normal use and service,from a defect in material or factory workmanship(Warrantable Failure).This Coverage begins with thesaleoftheEnginebyCumminsandendsfiveyearsor100,000 miles (160,935 kilometers),whichever occursfirst,after the date of delivery of the Engine to the firstuser. Engine aftertreatment components included in theCumminsCriticalPartsList(CPL)and marked with aCumminspartnumberarecoveredunderBaseEngineWarranty. Additional Coverage is outlined in the EmissionWarrantysection. These Warranties are made to all Owners in thechainofdistributionandCoveragecontinuesto allsubsequentOwnersuntiltheendoftheperiodsofCoverage. CumminsResponsibilities Cummins will pay for all parts and labor needed torepairthedamagetotheEngineresultingfromaWarrantableFailure. Cummins will pay for the lubricating oil,antifreeze,filter elements,belts,hoses and other maintenanceitemsthatarenotreusableduetotheWarrantableFailure. Cummins will pay for reasonable labor costs forEngineremovalandreinstallationwhennecessary torepairaWarrantableFailure. Cummins will pay reasonable costs for towing avehicledisabledbyaWarrantableFailuretothenearestauthorizedrepairlocation.In lieu of the towingexpense,Cummins will pay reasonable costs formechanicstotraveltoandfromthelocationofthevehicle,including meals,mileage and lodging whentherepairisperformedatthesiteofthefailure. OwnerResponsibilities Owner is responsible for the operation andmaintenanceoftheEngineasspecifiedinCumminsOperationandMaintenanceManuals.Owner is alsoresponsibleforprovidingproofthatallrecommendedmaintenancehasbeenperformed. Before the expiration of the applicable Warranty,Owner must notify a Cummins distributor,authorizeddealerorotherrepairlocationapprovedbyCumminsofanyWarrantableFailureandmaketheEngineavailableforrepairbysuchfacility.Except for EnginesdisabledbyaWarrantableFailure,Owner must alsodelivertheEnginetotherepairfacility. Service locations are listed on the Cummins WorldwideServiceLocatoratcummins.com. Owner is responsible for the cost of lubricating oil,antifreeze,filter elements and other maintenance itemsprovidedduringWarrantyrepairsunlesssuchitemsarenotreusableduetotheWarrantableFailure. Owner is responsible for communication expenses,meals,lodging and similar costs incurred as a result ofaWarrantableFailure. Owner is responsible for non-Engine repairs and for‘‘downtime’’expenses,cargo damage,fines,allapplicabletaxes,all business costs and other lossesresultingfromaWarrantableFailure. Owner is responsible for a $100 (U.S.Dollars)deductible per each service visit under this plan in the3rd,4th and 5th years of Base Engine Warranty.Thedeductiblewillnotbechargedduringthefirst2yearsoftheBaseEngineWarranty. Limitations Cummins is not responsible for failures or damageresultingfromwhatCumminsdeterminestobeabuseorneglect,including,but not limited to:operationwithoutadequatecoolantsorlubricants;overfueling;overspeeding;lack of maintenance of lubricating,cooling or intake systems;improper storage,starting,warm-up,run-in or shutdown practices;unauthorizedmodificationsoftheEngine. Any unauthorized modifications to the aftertreatmentcouldnegativelyeffectemissionscertificationandvoidWarranty. Cummins is also not responsible for failures caused byincorrectoil,fuel or diesel exhaust fluid or by water,dirt or other contaminants in the fuel,oil or diesel exhaust fluid. This Warranty does not apply to accessories suppliedbyCumminswhichbearthenameofanothercompany.Such non-warranted accessories include,butarenotlimitedto:alternators,starters,fans,airconditioningcompressors,clutches,filters,transmissions,torque converters,vacuum pumps,power steering pumps,fan drives and air compressors.Cummins branded alternators and starters are coveredforthefirsttwoyearsfromthedateofdeliveryoftheEnginetothefirstuser,or the expiration of the BaseEngineWarranty,whichever occurs first. Failures resulting in excessive oil consumption are notcoveredbeyondthedurationoftheCoverageor100,000 miles (160,935 kilometers)or 7,000 hours fromthedateofdeliveryoftheEnginetothefirstuser,whichever of the three occurs first.Before a claim forexcessiveoilconsumptionwillbeconsidered,OwnermustsubmitadequatedocumentationtoshowthatconsumptionexceedsCumminspublishedstandards. Failures of belts and hoses supplied by Cummins arenotcoveredbeyondthefirstyearfromthedateofdeliveryoftheEnginetothefirstuserorthedurationoftheWarranty,whichever occurs first. Parts used to repair a Warrantable Failure may be newCumminsparts,Cummins approved rebuilt parts orrepairedparts.Cummins is not responsible for failuresresultingfromtheuseofpartsnotapprovedbyCummins. A new Cummins or Cummins approved rebuilt partusedtorepairaWarrantableFailureassumestheidentityofthepartitreplacedandisentitledtotheremainingCoveragehereunder. Cummins Inc.reserves the right to interrogateElectronicControlModule(ECM)data for purposes offailureanalysis. CUMMINS DOES NOT COVER WEAR OR WEAROUTOFCOVEREDPARTS. CUMMINS IS NOT RESPONSIBLE FOR INCIDENTALORCONSEQUENTIALDAMAGES. THIS WARRANTY AND THE EMISSION WARRANTYSETFORTHHEREINAFTERARETHESOLEWARRANTIESMADEBYCUMMINSINREGARDTOTHESEENGINES.CUMMINS MAKES NO OTHERWARRANTIES,EXPRESS OR IMPLIED,OR OFMERCHANTABILITYORFITNESSFORAPARTICULARPURPOSE. This Warranty gives you specific legal rights,and youmayalsohaveotherrightswhichvaryfromstatetostate. EmissionWarranty Products Warranted This Emission Warranty applies to new EnginesmarketedbyCumminsthatareusedintheUnitedStates**in vehicles designed for transporting personsorpropertyonastreetorhighway.This WarrantyappliestoEnginesdeliveredtothefirstuseronor afterSeptember1,1992. Coverage Cummins warrants to the first user and eachsubsequentpurchaserthattheEngineisdesigned,built and equipped so as to conform at the time of salebyCumminswithallU.S.federal emission regulationsapplicableatthetimeofmanufactureandthatitisfreefromdefectsinmaterialorfactoryworkmanshipwhichwouldcauseitnottomeettheseregulationswithinthelongerofthefollowingperiods:(A)Five years or100,000 miles (160,935 kilometers)of operation,whichever occurs first,as measured from the date ofdeliveryoftheEnginetothefirstuseror(B)The BaseEngineWarranty. If the vehicle in which the Engine is installed isregisteredinthestateofCalifornia,a separateCaliforniaEmissionWarrantyalsoapplies. Limitations Failures,other than those resulting from defects inmaterialorfactoryworkmanship,are not covered bythisWarranty. Cummins is not responsible for failures or damageresultingfromwhatCumminsdeterminestobeabuseorneglect,including,but not limited to:operationwithoutadequatecoolantsorlubricants;overfueling;overspeeding;lack of maintenance of lubricating,cooling or intake systems;improper storage,starting,warm-up,run-in or shutdown practices;unauthorizedmodificationsoftheEngine. Any unauthorized modifications to the aftertreatmentcouldnegativelyeffectemissionscertificationandvoidWarranty. Cummins is also not responsible for failures caused byincorrectoil,fuel or diesel exhaust fluid or by water,dirt or other contaminants in the fuel,oil or dieselexhaustfluid. Cummins is not responsible for non-Engine repairs,‘‘downtime’’expenses,cargo damage,fines,allapplicabletaxes,all business costs or other lossesresultingfromaWarrantableFailure. Cummins Inc. Box 3005 Columbus, IN 47202-3005 U.S.A. Bulletin 3381161 Printed in U.S.A. Rev. 08/09 ©2001 Cummins Inc. CUMMINS IS NOT RESPONSIBLE FOR INCIDENTALORCONSEQUENTIALDAMAGES. *Airport operated crash trucks and fire departmentoperatedtrucksemployedtorespondtofires,hazardous material releases,rescue and otheremergency-type situations. **United States includes American Samoa,theCommonwealthofNorthernMarianaIslands,Guam,Puerto Rico and the U.S.Virgin Islands. Cummins Inc.Box 3005Columbus,IN 47202-3005U.S.A. Bulletin 3381161PrintedinU.S.A.Rev.08/092001CumminsInc. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Fire and Rescue Apparatus Coverage: Lifetime Fifty (50) Year Structural Integrity Chassis Frame & Crossmembers Fifty (50) Years (Expected Life of Apparatus) Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Custom chassis frame rail and cross members manufactured by Pierce shall be free from defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/16/2010 WA0038 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See Also Paragraphs 2 thru 4 This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty excludes brake pads, brake rotors, seal boots and shock absorbers. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Three (3) Years -or- 30,000 Miles Warranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.12/16/2013 WA0050 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Fire and Rescue Apparatus Coverage: Three (3) Year Material and Workmanship TAK-4 Independent Front Suspension Limited WarrantyLimited WarrantyLimited WarrantyLimited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The TAK-4 Front Independent Suspension and Steering Gears shall be free from defects in material and workmanship. 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Fire and Rescue Apparatus Coverage: SUPPLIER Limited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The Meritor axle shall be covered by Meritor as indicated in the attached Meritor warranty coverage description 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the purchaser who first puts the product in service ("Buyer"): (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. The exclusions listed in the attached Meritor warranty description shall apply. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Five (5) YearsWarranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 6/29/2020 WA0384 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. MERITOR® COMMERCIAL VEHICLE SYSTEMS WARRANTY/MODEL YEAR 2020 VEHICLES Advantage Program Purchasing additional coverage on select components will continue to safeguard your investment against major repair costs after the initial base coverage expires. You can find out more about the Advantage Program by visiting www.meritor.com or by contacting Meritor at 866-OnTrac1 (866-668-7221). 2 Linehaul .............................................................................................................3-4 General Service ...................................................................................................5-6 Heavy Service/Specialty Vehicle ..........................................................................7-8 Fire and Emergency ................................................................................................9 Transit Bus ...........................................................................................................10 Off-Highway Service ..............................................................................................11 Terms and Conditions ............................................................................................12 How to Read Warranty Coverage Number of Years Mileage (in thousands) Unl=Unlimited P=Parts Only P&L=Parts & Labor Notice: Models or components that are approved for use by Meritor’s vocational guidelines contained in Meritor Publication TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, which are not specifically listed, are warranted for one year, unlimited miles, parts only (1/Unl/P). Products purchased on an incomplete vehicle (glider) are limited to one year, unlimited miles parts only (1/Unl/P). Effective Model Year 2020 Vehicles WARRANTY INFORMATION CONTENTS n Bulk Hauler n Chip Hauler (Truck)* n Doubles n Flatbed n General Freight n Grain Hauler n Livestock Hauler n Moving Van n Pipe Hauler n Refrigerated Freight n Tanker n Triples FD-965 FF-941 FF-942 FF-943 FF-944 FF-961 FF-966 FF-967 FG-941 FG-943 MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-122A-N MFS-12-122B-N MFS-12-122C-N MFS-12E-122A-N MFS-12E-122B-N MFS-12E-122C-N MFS-12-124A-N MFS-12-132B-N MFS-12-132C-N MFS-12E-132B-N MFS-12E-132C-N MFS-12-143A-N MFS-12E-143A-N MFS-12-144A-N MFS-13-122A-N MFS-13-122B-N MFS-13-122C-N MFS-13-132B-N MFS-13-132C-N MFS-13-143A-N MFS-13-144A-N MFS-13B-122B-N MFS-13B-122C-N MFS-13B-132B-N MFS-13B-132C-N MFS-14-122A-N MFS-14-124A-N MFS-14-143A-N MFS-14-144A-N n High mileage operation (over 60,000 miles/year) n Well maintained major highways of concrete or asphalt construction n Greater than 30 miles between starting and stopping Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. * Chip Hauler vehicles require specific axle models listed below and Linehaul condition to be eligible for Linehaul warranty consideration. Linehaul Vehicles Front Non-Drive Steer Axles – 5/750/P&L Linehaul Typically Is RPL 5/500/P, 1/Unl/P&L MXL 3/350/P, 1/Unl/P&L 155N 1/Unl/P 92N 1/Unl/P Drivelines RS-19-144/145/A MS-19-14X MS-21-144 RS-21-145 RS-21-160 MS-23-17X RS-23-160 RS-23-161 RS-23-186 Rear Drive Single Axles – 5/750/P&L 1 These models required for Chip Hauler and Linehaul warranty consideration. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. RT-34-144/P/A RT-40-145/A RT-40-160/P1,2 RT-46-160/P1,2 RT-46-164EH/P1,2 RT-50-160/P1,2 MA-40-165 MA-40-175 MT-34-14X/P MT-40-14T/P MT-40-14X/P MT-40-14X/P MT-40-14XHE MT-40-144/P MT-40-943 MT-40-943-SP RZ-1662 RZ-188 Rear Drive Tandem/Tridem Axles – 5/750/P&L LINEHAUL WARRANTY INFORMATION 3 Cam Q Series Trailer Brakes 5/500/P, 1/100/L Q+ Drum Brake™ 5/500/P, 1/Unl/P&L ASA 5/500/P, 1/Unl/P&L Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P STEELite X30 Drum Brake™2 12-Years or Wearable Life/P EX+ Air Disc Brake™ 5/500/P, 1/Unl/L EX+ Air Disc Brake Extended Standard Warranty3 5/500/P&L 1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 3/500/P&L. 2 Based on stamped wear diameter max. 3 Applies only to MA761 friction material code CD brake assembly i.e. EX225LXXXCDXXX MPA38/40 (Tandem Axle Parallelogram)1 Major Structural Components 5/500/P, 1/100/L Curbing Damage Warranty2 5/500/P, 1/100/L Height Control Valve 1/100/P&L Shock Absorbers 2/200/P&L Air Springs 2/200/P, 1/100/L Bushings 5/P, 3/L PinLoc Air Controls 1/100/P&L PinLoc Actuator 3/300/P&L MPA20 (Single Axle Parallelogram) Major Structural Components 5/500/P, 1/100/L Height Control Valve 1/100/P&L Shock Absorbers 2/200/P&L Air Springs 2/200/P, 1/100/L Bushings 5/P, 3/L MTA (Trailing Arm) Major Structural Components 5/500/P, 1/100/L Height Control Valve 1/100/P&L Shock Absorbers 2/200/P&L Air Springs & Rebound Straps 2/200/P, 1/100/L Bushings 5/500/P, 3/300/L 1 Fastener torque coverage is limited to 2/Unl/P&L when torqued by Meritor (For axle and ABS coverage, refer to appropriate product warranties.) 2 “Curbing damage” is defined as deformation (bending, buckling, or breakage), caused by sudden impact with a curb or similar fixed object. Damage to the RideSentry slider box (the suspension sliding subframe, consisting of the frame rails, crossmembers, and central A-frame assembly), caused by accidental trailer impact with a curb or similar fixed object, is eligible for warranty coverage. Damage to other components or damage resulting from collision with another vehicle, rollover or fire is not covered under this provision. Warranty is not transferrable to another trailer VIN, and coverage does not apply if the trailer is deemed to be a total loss, scrapped, or otherwise not salvageable. TQ, TQD, TR, TRD Beam and Brackets 5/750/P&L 1 For brake components and ABS Coverage, refer to appropriate product warranties. MTIS Components 5/Unl/P, 1/Unl/L Beam and Brackets 5/500/P, 1/100/L Wheel End Systems1 Standard System2 1/100/P&L PreSet by Meritor3 5/500/P&L AxlePak54 5P/L AxlePak75 7P/L 1 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 2 When installed by Meritor. 3 Requires approved hubcap stating PreSet by Meritor on hubcap face. 4 When specified with AxlePak5 wheel end system, coverage on MTIS thru-tee and stator is 5/Unl/P, 1/Unl/L. 5 When specified with AxlePak7 wheel end system, coverage on MTIS thru-tee and stator is 7/Unl/P, 1/Unl/L. (For brake components and ABS coverage, refer to appropriate product warranties.) Brake Components Trailer Air Suspension Systems TAG/Pusher Axles1 Meritor Tire Inflation System Trailer Axles 4 LINEHAUL WARRANTY INFORMATION n Auto Hauler n Beverage Truck n Chip Hauler n Cross Country Coach n Flatbed n Front Engine Commercial Chassis n Front Engine Integral Coach n General Freight n Intercity Coach n Intermodal Chassis n Livestock Hauler n Meat Packer n Moving Van n Municipal Truck n Newspaper Delivery n Pick-Up and Delivery n Pipe Hauler n Platform Auto Hauler n Rear Engine Integral Coach n Recreational Vehicles n Refrigerated Freight n School Bus n Stake Truck n Tanker n Tanker Trailer n Tour Bus n Wrecker FD-965 FF-941 FF-942 FF-943 FF-944 FF-946 FF-961 FF-966 FF-967 FG-941 FH-941 FH-9461 FL-941 FL-943 MFS-6-151A-N MFS-6-153B-N MFS-6-162B-N MFS-6-153C-N MFS-6-162C-N MFS-7-113C-N MFS-7-153C-N MFS-7-163C-N MFS-8-113B-N MFS-8-143A-N MFS-8-153B-N MFS-8-163B-N MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-122A-N MFS-12E-122A-N MFS-12-122B-N MFS-12E-122B-N MFS-12-122C-N MFS-12E-122C-N MFS-12-124A-N MFS-12-132B-N MFS-12E-132B-N MFS-12-132C-N MFS-12E-132C-N MFS-12-143A-N MFS-12-144A-N MFS-12E-143A-N MFS-13-122A-N MFS-13-122B-N MFS-13B-122B-N MFS-13-122C-N MFS-13B-122C-N MFS-13-132B-N MFS-13-132C-N MFS-13B-132B-N MFS-13B-132C-N MFS-13-143A-N MFS-13-144A-N MFS-14-122A-N MFS-14-124A-N MFS-14-143A-N MFS-14-144A-N MFS-16-122A-N MFS-16-133A-N MFS-16-135A-N MFS-16-143A-N MFS-18-133A-N MFS-18-135A-N MFS-18-193A-N MFS-20-133A-N MFS-20-135A-N MFS-20-192A-N MFS-20-193A-N MFS-22-135A-N MFS-22H-135A-N MFS-22-193A-N MFS-22H-193A-N n Lower mileage operations (less than 60,000 miles/year) n Generally, on-road service (less than 10% off-road) n An average of three (3) miles between starting and stopping Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. General Service Vehicles Front Non-Drive Steer Axles – 2/Unl/P&L General Service Typically Is GENERAL SERVICE WARRANTY INFORMATION 1 Can also be used with reduced steer angles in tag position in Coach Applications. 5 MS-17-13X MS-17-14X MS-19-13X MS-19-14X RS-17-144/145/A RS-19-144/145/A MS-21-13X MS-21-14X MS-21-144 MS-23-17X RS-21-145/A RS-21-160 RC-22-145 RC-22-145/A RC-23-160 RC-23-161 RC-23-1621 RC-23-1651 RS-23-160 RS-23-161 RS-23-186 RS-24-160 RC-25-160 RS-26-185 MS-26-616 MS-26-616-SP RS-30-185 MS-30-616 MS-30-616-SP RS-35-380 71162 71163 79163 Rear Drive Single Axles – 2/Unl/P&L 1 3/Unl/P&L if PreSet by Meritor. MT-34-14X/P RT-34-144/P/A MT-40-14T/P MT-40-14X/P MT-40-14XHE MT-40-144/P RT-40-145/A MT-44-14X/P RT-44-145/P RT-46-169 MT-52-616 RT-52-1851 MT-58-616 RT-58-1851 MT-70-380 RZ-188 Rear Drive Tandem/Tridem Axles – 2/Unl/P&L 1 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. MX-08-130-FV (FSD-08A) MX-10-130-FV (FSD-10A) MX-12-130-FV (FSD-12A) MX-13-130-FV (FSD-13A) MX-14-130-FV (FSD-14A) MX-16-130-FV (FSD-16A) MX-18-130-FV (FSD-18A) MX-18-130-SD (SDA-1800) MX-20-130-FV (FSD-20A) MX-21-130-FV (FSD-21A) MX-21-130-SD (SDA-2100) MX-23-130-FV (FSD-23A) MX-23-130-SD (SDA-2300) MX-29-130-FV (FSD-29A) Front Drive/Non-Drive Steer Axles – 1/Unl/P&L RT-40-160/P RT-46-160/P RT-46-164EH/P RT-50-160/P RZ-166 Rear Drive Tandem/Tridem - 3/Unl/P&L RPL 4/400/P, 1/Unl/P&L MXL 3/350/P, 1/Unl/P&L 155N 1/Unl/P 92N 1/Unl/P Drivelines 11170 523 RND-14H RND-16A Rear Drive Axles – 1/Unl/P&L MPT-318 MPT-500 MPT-510 MPT-518 MPT-526 MPT-531 MPT-543 MPT-170 MPT-1702 MPT-175 MPT-185 MPT-190 PTO – 1/Unl/P&L 516 FAT 30 Transmission – 1/Unl/P&L Cam Q Series Trailer Brakes 3/Unl/P, 1/Unl/L Cam P3 2/200/P Cam 3/Unl/P Q+ Drum Brake™ 3/Unl/P&L Q+ Drum Brake ™3 2/200/P&L ASA 3/Unl/P ASA3 2/200/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P STEELite X30 Drum Brake™2 12-Years or Wearable Life/P EX+ Air Disc Brake™ 2/Unl/P&L 1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 1/Unl/P. 2 Based on stamped wear diameter max. 3 Applies to Tour Bus and Cross Country Coach only. Beam and Brackets1 5/Unl/P, 1/Unl/L Wheel End Systems2 Standard System3 1/Unl/P&L AxlePak54 5/P&L AxlePak75 7/P&L 1 9000 Series is 3/Unl/P, 1/Unl/L 2 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 3 When installed by Meritor. 4 When specified with AxlePak5 wheel end system, coverage on MTIS thru-tee and stator is 5/Unl/P, 1/Unl/L. 5 When specified with AxlePak7 wheel end system, coverage on MTIS thru-tee and stator is 7/Unl/P, 1/Unl/L. (For brake components and ABS coverage, refer to appropriate product warranties.) Beam & Brackets 6/Unl/P, 1/Unl/L Wheel End Systems1 Standard System 1/Unl/P&L AxlePak7 7/P&L Beam and Brackets 7/P, 1/L 1 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. MPA38/40 (Tandem Axle Parallelogram)1 Major Structural Components 5/Unl/P, 1/Unl/L Curbing Damage Warranty2 5/500/P, 1/100/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs 2/Unl/P, 1/Unl/L Bushings 5/P, 3/L PinLoc Air Controls 1/Unl/P&L PinLoc Air Actuator 3/Unl/P&L MPA20 (Single Axle Parallelogram) Major Structural Components 5/Unl/P, 1/Unl/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs 2/Unl/P, 1/Unl/L Bushings 5/P, 3/L MTA (Trailing Arm) Major Structural Components 5/Unl/P, 1/Unl/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs and Rebound Straps 2/Unl/P, 1/Unl/L Bushings3 5/Unl/P, 3/Unl/L (For axle and ABS coverage, refer to appropriate product warranties.) 1 Fastener torque coverage is limited to 2/Unl/P&L when torqued by Meritor 2 “Curbing damage” is defined as deformation (bending, buckling, or breakage), caused by sudden impact with a curb or similar fixed object. Damage to the RideSentry slider box (the suspension sliding subframe, consisting of the frame rails, crossmembers, and central A-frame assembly), caused by accidental trailer impact with a curb or similar fixed object, is eligible for warranty coverage. Damage to other components or damage resulting from collision with another vehicle, rollover or fire is not covered under this provision. Warranty is not transferrable to another trailer VIN, and coverage does not apply if the trailer is deemed to be a total loss, scrapped, or otherwise not salvageable. 3 Raw wood applications 3/Unl/P, 1/Unl/L MTIS Components 5/Unl/P, 1/Unl/L TQ, TQD, TR, TRD Beam and Brackets1 3/Unl/P, 1/Unl/L MC14002, MC16003, FH946 2/Unl/P&L (For brake components and ABS coverage, refer to appropriate product warranties.) 1 3/Unl/P&L if sold with PreSet by Meritor. Brake Components Trailer Axles Chassis Axles (2000 Series/ChassiPak) Trailer Air Suspension Systems Meritor® Tire Inflation System TAG/Pusher Axles 6 GENERAL SERVICE WARRANTY INFORMATION Heavy Service/Specialty Vehicle n Airport Rescue Fire Fighting (ARFF) n Airport Shuttle* n Asphalt Truck n Block Truck n Bottom Dump Trailer Combination n Cementing Vehicle n Commercial Pick-Up n Concrete Pumper n Construction Material Hauler n Mixer n Demolition n Drill Rig n Dump n Equipment Hauling n Flatbed Trailer Hauler n Flatbed Truck n Fracturing Truck n Front Loader n Geophysical Exploration n Hopper Trailer Combinations n Landscaping Truck n Liquid Waste Hauler n Log Hauling n Lowboy n Michigan Special Gravel Trains n Michigan Special Log Hauler n Michigan Special Steel Hauler n Michigan Special Waste Vehicle n Municipal Dump n Rear Loader (Refuse) n Recycling Truck n Residential Pick-Up (Refuse) n Rigging Truck n Roll-Off n Scrap Truck n Semi-End Dump n Sewer/Septic Vacuum n Shuttle Bus* n Side Loader n Snowplow/Snowblower n Steel Hauling n Tanker n Tank Truck n Tractors with Pole Trailers n Tractor/Trailer with Jeeps n Transfer Dump n Transfer Vehicle n Utility Truck n Winch Truck n Moderate mileage operation (less than 60,000 miles per year) n On/Off road vocations (10% or more off-road) n Moderate to frequent stops/starts (up to 10 stops per mile) Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/ or contact Meritor regarding specific application approval questions on any product line. Heavy Service/Specialty Vehicle Typically Is FD-965 FF-941 FF-942 FF-943 FF-944 FF-946 FF-961 FF-966 FF-967 FG-941 FG-943 FH-941 FH-946 FL-941 FL-943 MFS-6-151A-N MFS-6-153B MFS-6-162B MFS-6-162C MFS-7-113C-N MFS-7-153C-N MFS-7-163C-N MFS-8-113B-N MFS-8-153B-N MFS-8-163B-N MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-122 MFS-12E-122 MFS-12-122B-N MFS-12E-122B-N MFS-12-122C-N MFS-12E-122C-N MFS-12-124A-N MFS-12-132B-N MFS-12E-132B-N MFS-12-132C-N MFS-12E-132C-N MFS-12-143A-N MFS-12-144A-N MFS-12-155 MFS-13-122 MFS-13-122B-N MFS-13B-122B-N MFS-13-122C-N MFS-13B-122C-N MFS-13-132B-N MFS-13B-132B-N MFS-13-132C-N MFS-13B-132C-N MFS-13-143A-N MFS-13-144A-N MFS-13-155 MFS-14-122 MFS-14-124A-N MFS-14-143A-N MFS-14-144A-N MFS-16-122A-N MFS-16-133A-N MFS-16-135A-N MFS-16-143A-N MFS-18-133A-N MFS-18-135A-N MFS-18-192A-N MFS-18-193A-N MFS-20-133A-N MFS-20-135A-N MFS-20-192A-N MFS-20-193A-N MFS-22-135A-N MFS-22H-135A-N MFS-22-193A-N MFS-22H-193A-N RF-16-145 RF-21-160 MX-10-120 MX-10-120 EVO MX-12-120 MX-12-120 EVO MX-14-120 MX-16-120 MX-18-120 MX-17-140 MX-19-140 MX-21-140 MX-21-160 MX-23-160 MX-810 Front Drive/Non-Drive Steer Axles – 2/Unl/P&L HEAVY SERVICE/SPECIALTY VEHICLE WARRANTY INFORMATION 7 *Commercial chassis only MS-17-14X RS-17-144/145/A MS-19-14X RS-19-144 MS-21-114 MS-21-14X RS-21-145 RS-21-145/A RS-21-160 RC-22-145 RC-23-160 RH-23-160 RS-23-160 RC-23-161 RS-23-161 RS-23-186/380 RS-24-160 RS-25-160 MS-26-616 MS-26-616-SP RS-26-185/380 MS-30-616 MS-30-616-SP RS-30-185/380 MS-35-380 RS-38-380 RC-25-160 RC-26-633 MT-58-616 MT-58-616-SP Rear Drive Single Axles – 2/Unl/P&L RPL 3/Unl/P, 1/Unl/P&L 92N 1/Unl/P&L MXL 1/Unl/P&L Drivelines 11170 523 RND-14H RND-16A Rear Drive Axles – 1/Unl/P&L MX-08-130-FV (FSD-08A) MX-10-130-FV (FSD-10A) MX-12-130-FV (FSD-12A) MX-13-130-FV (FSD-13A) MX-14-130-FV (FSD-14A) MX-16-130-FV (FSD-16A) MX-18-130-FV (FSD-18A) MX-18-130-SD (SDA-1800) MX-20-130-FV (FSD-20A) MX-21-130-FV (FSD-21A) MX-21-130-SD (SDA-2100) MX-23-130-FV (FSD-23A) MX-23-130-SD (SDA-2300) MX-29-130-FV (FSD-29A) Front Drive/Non-Drive Steer Axles – 1/Unl/P&L MPT-318 MPT-500 MPT-510 MPT-518 MPT-526 MPT-531 MPT-543 MPT-170 MPT-1702 MPT-175 MPT-185 MPT-190 PTO – 1/Unl/P&L 516 FAT 30 Transmission – 1/Unl/P&L MT-34-14X/P RT-34-144/P/A MT-40-14X/P RT-40-145/A MT-44-14X/P RT-44-145/P RT-46-169 RT-58-160 MT-52-616 MT-52-616-SP RT-52-185/3801,2 MT-58-616 MT-58-616-SP RT-58-185/3801,2 RT-70-380 MT-70-380 RZ-188 Cam P 3/Unl/P Cam P3 2/100/P Cam Cast Plus™ 2/100/P&L Q+ Drum Brake™ 3/Unl/P&L Q+ Drum Brake™2 2/100/P&L ASA 3/Unl/P ASA2 2/100/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P EX+ Air Disc Brake 2/100/P&L 1 Based on stamped wear diameter max. 2 Applies to City Bus, Trolley, Shuttle Bus and Airport Shuttle only. 3 Warranty for all non-Meritor ASAs supplied by Meritor for all Heavy Service vocations is 1/100/P. RT-40-160/P/A3 RT-46-160/P/A1,3 RT-46-164EH/P/A2,3 RT-50-160/P/A3 RZ-166 1 U.S. only. Canadian warranty = 1/Unl/P for combination vehicles only.2 Axle model designated will vary according to options and variations specified on these axles. Contact Meritor Axle Applications Engineering for details.3 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. 1 Axle model designated will vary according to options and variations specified on these axles. Contact Meritor Axle Applications Engineering for details. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. Rear Drive Tandem/Tridem Axles – 2/Unl/P&L Brake Components Rear Drive Tandem/Tridem - 3/Unl/P&L MTA (Trailing Arm) Major Structural Components1 5/Unl/P, 1/Unl/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs 2/Unl/P, 1/Unl/L Bushings1 5/Unl/P, 3/Unl/L 1 Raw wood applications 3/Unl/P, 1/Unl/L (For axle and ABS coverage, refer to appropriate product warranties.) Trailer Air Suspension Systems MTIS Components 5/Unl/P, 1/Unl/L Meritor Tire Inflation System Beam and Brackets1 5/Unl/P, 1/Unl/L Wheel End Systems2 Standard System3 1/Unl/P&L 1 9000 Series is 3/Unl/P, 1/Unl/L. 2 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 3 When installed by Meritor. (For brake components and ABS coverage, refer to appropriate product warranties.) Trailer Axles 8 HEAVY SERVICE/SPECIALTY VEHICLE WARRANTY INFORMATION MTC-4213 MTC-4210 MTC-4208 MTC-4206-FV (TC-38) MTC-3106-FV (TC-137) MTC-3111 (T-2111) MTC-3112-CV (529 & 548C) MTC-3116 (T-2111) MTC-3118-FV (TC-180 & TC-180-23) MTC-3118-CV (358) MTC-3120-FV (TC-143) MTC-3124 (T-2119) MTC-3205-GV (MTC-25/247) MTC-3205-GV (MTC-25/350) MTC-3205-GV (RTC-25/350) MTC-3206-FV (TC-237) MTC-3206-CS (544) MTC-3208-GV (RTC-50) MTC-3209-GV (RTC-60/420) MTC-3209-GV (RTC-60/380) MTC-3209-GV (MTC-60/420) MTC-3209-GV (MTC-60/380) MTC-3212-CV (315 & 548B) MTC-3312-FV (TC-270) MTC-3220-FC (TC-142) MTC-2212-CV (306) Transfer Cases – 1/Unl/P MGX-240 MGX-279 MGX-279D MGX-280 MGX-285 MGX-292 MGX-314 MGX-376 MGX-377 MGX-378 MGX-380 MGX-384 MGX-402 MGX-413 MGX-448 MGX-456 MGX-478 MGX-480 MGX-487 MGX-488 MGX-505 MGX-506 MGX-514 MGX-519 MGX-520 MGX-522 MGX-524 MGX-527 MGX-528 MGX-533 MGX-534 MGX-536 MGX-537 MGX-541 MGX-545 MGX-546 MGX-550 Gearboxes – 1/Unl/P&L n Aerial Ladder Truck n Aerial Platform n Ambulance n Command Vehicle n Crash Fire Rescue (CFR) n Pumper n Rapid Intervention Vehicle (RIV) n Tanker FL-941 FL-943 MFS-18-133A-N MFS-18-135A-N MFS-18-193A-N MFS-20-133A-N MFS-20-135A-N MFS-20-193A-N MFS-22-135A-N MFS-22H-135A-N MFS-22-193A-N MFS-22H-193A-N MX-19140 MX-21140 MX-21160 MX-23160 MX-23810 n Lower mileage operations (less than 20,000 miles/year) n Generally, on-road service (less than 10% off-road) n An average of three (3) miles between starting and stopping Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. Fire and Emergency Vehicles Cam 3/Unl/P Q+ Drum Brake™ 3/Unl/P&L ASA 3/Unl/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P EX+ Air Disc Brake™ 2/Unl/P&L 1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 1/Unl/P. Brake ComponentsFront Non-Drive Steer Axles – 5/Unl/P&L Front Drive Steer Axles – 2/Unl/P&L Fire and Emergency Typically Is RPL 4/400/P, 1/Unl/L MXL 3/350/P, 1/Unl/L 155N 1/Unl/P 92N 1/Unl/P Drivelines MTC-4208 MTC-4210 MTC-4213 MTC-3111 (T-2111) MTC-3116 (T-2111) MTC-3124 (T-2119) Transfer Cases – 1/Unl/P RC-23-160 RS-23-160 RS-23-161 RS-23-186 RS-24-160 RC-25-160 RS-26-185 RS-30-185 RS-35-380 RS-25-160 Rear Drive Single Axles – 5/Unl/P&L 1 3/Unl/P&L if PreSet by Meritor. MT-40-14X/P MT-40-144/P RT-40-145/A RT-40-160/P MT-44-14X/P RT-44-145/P RT-46-160/P RT-46-164EH/P RT-46-169 RT-50-160/P MT-52-616 RT-52-1851 MT-58-616 RT-58-1851 MT-70-380 Rear Drive Tandem/Tridem Axles – 5/Unl/P&L 1 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. FIRE AND EMERGENCY WARRANTY INFORMATION 9 Transit Bus Vehicles Cam Cast Plus™ 2/100/P&L Q+ Drum Brake™1 2/100/P&L ASA1 2/100/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P All Other Brakes 1/Unl/P EX+ Air Disc Brake 2/100/P&L 1 Applies to City Bus, Trolley, Shuttle Bus and Airport Shuttle only. MC-26000 71063 79063 Brake Components Center Non-drive Axles – 5/300/P&L n Airport Shuttle n City Bus n Commuter Coach n Shuttle Bus n Transit Bus n Trolley n Moderate mileage operation (less than 50,000 miles per year) n Moderate to frequent stops/starts (up to 10 stops per mile) Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP- 9441 for axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. Transit Bus Typically Is FH-946 FH-9411 MFS-12-155 MFS-13-155 RS-23-160 RC-23-161 71163 79163 RC-23-1621 RC-23-1651 RS-21-160 Front Drive/Non-Drive Steer Axles – 5/300/P&L Rear Drive Single Axles – 5/300/P&L RPL 3/Unl/P, 1/Unl/L 92N 1/Unl/P&L MXL 1/Unl/P&L MC-14002 MC-16003 FH-946 Drivelines Tag Axles – 2/Unl/P&L TRANSIT BUS WARRANTY INFORMATION 10 1 Commuter coach only – 2/Unl/P&L 1 Commuter coach only – 2/Unl/P&L Industrial And Off-Highway Service Vehicles n Load-On/Load-Off n Port Tractor n Rail Yard Spotter n Roll-On/Roll-Off n Stevedoring Tractor n Trailer Spotter n Yard Jockey n All-Terrain Crane n Rough Terrain Crane n Forestry n Material Handling n Specialized Heavy Haul n Specialized Mining n Excavator n Compactor n Fertilizer Spreader n Snow Blower n Mining n Rail Car Mover n Loader n Tow Tractor n Pushback Tractor n Low mileage operation n Low speed vehicle speed restriction n Vehicles are not typically licensed for highway use n Six (6) starts/stops per mile (typical) Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Contact Meritor regarding specific application approval questions on any product line. RPL MXL FF - 941 FF - 943 FF - 961 FF - 966 FG - 941 FG - 943 FL - 941 FL - 943 FN - 951 MFS-12-143A-N MFS-12-144A-N MFS-13-143A-N MFS-13-144A-N MFS-14-143A-N MFS-16-122A-N MFS-16-133A-N MFS-16-135A-N MFS-16-143A-N MFS-18-133A-N MFS-18-135A-N MFS-18-193A-N MFS-20-133A-N MFS-20-135A-N MFS-20-192A-N MFS-20-193A-N MFS-22-135A-N MFS-22H-135A-N MFS-22-193A-N MFS-22H-193A-N MON-Z0 FAMILY Industrial And Off-Highway Service Typically Is Drivelines – 1/Unl/P MOB MOC MOD MOE MOF MOG MOH MOR MOS MOT MOX MOY MOZ Planetary Axles – 1/Unl/P Cam P 3/Unl/P Q+ Drum Brake™ 3/Unl/P&L ASA 3/Unl/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P Brake ComponentsFront Non-Drive Steer Axles – 1/Unl/P OFF-HIGHWAY SERVICE WARRANTY INFORMATION 11 MTC-4213 MTC-4210 MTC-4208 MTC-4206-FV (TC-38) MTC-3106-FV (TC-137) MTC-3111 (T-2111) MTC-3112-CV (529 & 548C) MTC-3116 (T-2111) MTC-3118-FV (TC-180 & TC-180-23) MTC-3118-CV (358) MTC-3120-FV (TC-143) MTC-3124 (T-2119) MTC-3205-GV (MTC-25/247) MTC-3205-GV (MTC-25/350) MTC-3205-GV (RTC-25/350) MTC-3206-FV (TC-237) MTC-3206-CS (544) MTC-3208-GV (RTC-50) MTC-3209-GV (RTC-60/420) MTC-3209-GV (RTC-60/380) MTC-3209-GV (MTC-60/420) MTC-3209-GV (MTC-60/380) MTC-3212-CV (315 & 548B) MTC-3312-FV (TC-270) MTC-3220-FC (TC-142) MTC-2212-CV (306) Transfer Cases – 1/Unl/P MGX-240 MGX-279 MGX-279D MGX-280 MGX-285 MGX-292 MGX-314 MGX-376 MGX-377 MGX-378 MGX-380 MGX-384 MGX-402 MGX-413 MGX-448 MGX-456 MGX-478 MGX-480 MGX-487 MGX-488 MGX-505 MGX-506 MGX-514 MGX-519 MGX-520 MGX-522 MGX-524 MGX-527 MGX-528 MGX-533 MGX-534 MGX-536 MGX-537 MGX-541 MGX-545 MGX-546 MGX-550 Gearboxes – 1/Unl/P&L Coverage Exclusions Product Description All The cost of any repairs, replacements or adjustments to a covered component (1) associated with noise; (2) resulting from the use or installation of non-genuine Meritor components or materials; (3) due to vibration associated with improper operation or misapplication of drivetrain components; and (4) damage resulting from corrosion. For axle assemblies supplied by Meritor with suspension and in- terface brackets designed and/or attached by non-Meritor parties, Meritor warranty coverage does not apply to the brackets, bracket attachment methods, and field issues caused by brackets or bracket attachments to any covered component unless specified in a separate OEM agreement. Front Axles King Pin Bushings. Rear Axles Self-contained traction equalizers and oil filters. The use of NoSPIN differentials will result in the exclusion of axle shafts from warranty considerations. NoSPIN is a product of Eaton. ASA Boot and bushing. Bent, broken, over-torqued, missing or otherwise damaged pawl assemblies. Cam Brake Brake lining wear and brake shoe “rust-jacking.” Disc Brake Pad wear, rotor wear. Coverage Limitations Product Description All Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program. Products purchased on an incomplete vehicle (glider) are limited to one year, unlimited miles parts only (1/Unl/P). Front Axles Tie rod and tie rod ends limited to 3-year/300,000-mile or published vocational coverage, whichever is less. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor. Rear Axles Pinion and through shaft seals limited to 3-year/300,000-mile or published vocational coverage, whichever is less, if yoke is installed by Meritor. If yoke is not installed by Meritor, then Meritor does not warrant pinion seals. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor. Rear Axles The Meritor® breather part number A-2297-C-8765 with A-3196-J-1336 hose must be used for eligibility of any potential warranty consideration relating to contamination and/or loss of lube in axles. Cam Brake Limited to bracket, brake spider and camshaft structural integrity. STEELite X30 Wearable life is up to the discard diameter of the drum. Disc Brake Warranty coverage for boots, seals, bushings and pins is 2/200/P. Warranty coverage for pads is 1/100/P. Warranty coverage on vehicles with 1,850 lb-ft engine torque and over may be reduced on individual drivetrain components. Contact your Meritor representative for specific details. 12 TERMS AND CONDITIONS For more information: call Ontrac at 866-668-7221 or visit meritor.com ©2018 Meritor, Inc. Litho in USA, SP-95155 Revised 1-19 (47865/11900) Meritor Heavy Vehicle Systems, LLC 2135 West Maple Road Troy, Michigan 48084 USA Product models, brands, names and trademarks depicted herein are the property of their respective owners and, except where otherwise indicated, are not in any way associated with Meritor Heavy Vehicle Systems, LLC, or any parent or affiliate, thereof. TERMS AND CONDITIONS (1) What is Covered by this Commercial Warranty? Meritor Heavy Vehicle Systems, LLC warrants to the owner (“Owner”) that the components listed in this publication, which have been installed by an Original Equipment Manufacturer (“OEM”) as original equipment in vehicles licensed for on-highway use, will be free from defects in material and workmanship. This warranty coverage begins only after the expiration of the OEM’s vehicle warranty for the applicable covered components. Warranty coverage ends at the expiration of the applicable time period from the date of vehicle purchase by the first Owner, or, the applicable mileage limitation, whichever occurs first. Duration of coverage varies by component and vocation as detailed elsewhere in this warranty statement. Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component. Other components are warranted for both parts and reasonable labor to repair or replace the subject component. Components (whether new, used or remanufactured) installed as replacements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty. For certain components, coverage requires the use of specific extended drain interval or synthetic lubricants. For further information about lubrication and maintenance, see Meritor publication Maintenance Manual Number l and the applicable Meritor maintenance manual for the product in question. Other conditions and limitations applicable to this warranty are detailed below. (2) Designation of Vocational Use Required. To obtain warranty coverage, each Owner must notify Meritor through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the Meritor components have been incorporated prior to the vehicle in-service date. This notification may be accomplished by registering the vehicle through your OEM new truck and/or trailer dealer or with Meritor directly. Failure to notify Meritor of (I) the intended vocational use of the vehicle or (II) a change in vocational use from that which was originally designated, will result in the application of a one year, unlimited mileage, parts only warranty (1/Unl/P) from the initial in-service date. A second Owner and each subsequent Owner must also notify Meritor as to the intended vocational use of the vehicle. This notification can be sent directly to Meritor or through the OEM new truck and/or trailer dealer. The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use. Coverage under Meritor’s warranty requires that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. (3) What is the Cost of this Warranty? There is no charge to the Owner for this warranty. (4) What is not Covered by this Warranty? This warranty does not cover normal wear and tear; nor does it cover a component that fails, malfunctions or is damaged as a result of (I) improper installation, adjustment, repair or modification (including the use of unauthorized attachments or changes or modification in the vehicle’s configuration, usage, or vocation from that which was originally approved by Meritor), (II) accident, natural disaster, abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the axle and/or driveline capacity), or (III) improper or insufficient maintenance (including deviation from approved lubricants, change intervals, or lube levels). This warranty does not cover any component or part that is not branded by Meritor. For vehicles that operate full or part time outside of the United States and Canada, a one year, unlimited mileage, parts only warranty (1/Unl/P) will apply. (5) Remedy. The exclusive remedy under this warranty shall be the repair or replacement of the defective component at Meritor’s option. Meritor reserves the right to require that all applicable failed materials are available and/or returned to Meritor for review and evaluation. (6) Disclaimer of Warranty. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. (7) Limitation of Remedies. In no event shall Meritor be liable for special, incidental, indirect, or consequential damages of any kind or under any legal theory, including, but not limited to, towing, downtime, lost productivity, cargo damage, taxes, or any other losses or costs resulting from a defective covered component. (8) To Obtain Service. If the Owner discovers within the applicable coverage period a defect in material or workmanship, the Owner must promptly give notice to either Meritor or the dealer from which the vehicle was purchased. To obtain service, the vehicle must be taken to any participating OEM new truck and/or trailer dealer or authorized Meritor service location. The dealer will inspect the vehicle and contact Meritor for an evalu-ation of the claim. When authorized by Meritor, the dealer will repair or replace during the term of this warranty any defective Meritor component covered by this warranty. (9) Entire Agreement. This is the entire agreement between Meritor and the Owner about warranty and no Meritor employee or dealer is authorized to make any additional warranty on behalf of Meritor. This agreement allocates the responsibilities for component failure between Meritor and the Owner. )LUHDQG5HVFXH$SSDUDWXV Coverage: 7KUHH  <HDU0DWHULDODQG:RUNPDQVKLS 0HULWRU:DEFR$%6%UDNH6\VWHP Limited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The Meritor Wabco ABS brake system shall be covered by Meritor Wabco as indicated in the attached Meritor Wabco warranty coverage description /,0,7(':$55$17< (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Three (3) YearWarranty Period Ends After: The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. The exclusions listed in the attached Meritor Wabco warranty description shall apply. Conditions and Exclusions: See Also Paragraphs 2 thru 4 (;&/86,212)&216(48(17,$/$1',1&,'(17$/'$0$*(6 Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. %8<(5 6(;&/86,9(5(0('< Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.2/25/2013 WA0232 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ',6&/$,0(562):$55$17,(6 capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Warranty Model Year 2018 Vehicles SIMPLER IS BETTER Warranty coverage is essential to protecting your investment. But understanding the full details of your coverage can be challenging. This straightforward approach allows you, our valued customer, to better understand how your specific vehicle applications will be covered in your region. Our component warranty coverage is provided according to vocation/usage categories listed below. • Linehaul covers high mileage operation (over 60,000 miles/year) on well maintained major highways of concrete or asphalt construction. • General Service covers moderate mileage operations (less than 60,000 miles/year) on well maintained public roads (less than 10 percent off-road) typically with less than three (3) stops per mile. • Heavy Service (Vocational) covers vehicles with more than 10 percent off-road OR moderate to frequent starts/stops typically with more than three (3) stops per mile. • Off-Highway Service covers lower mileage operations. Vehicles are not typically licensed for highway use. 2 3 Linehaul Service ...............................................................................................4 General Service ................................................................................................4 Heavy Service ..................................................................................................5 Industrial/Off-Highway Service ........................................................................6 Terms and Conditions ......................................................................................7 How to Read Warranty Coverage (Example) Number of Years Mileage (in thousands) Unl=Unlimited P=Parts Only P&L=Parts & Labor 3 300 P CONTENTS Effective Model Year 2018 Vehicles 5 Heavy Service Vehicles Meritor WABCO Components1 ABS (Anti-Lock Braking System) Air 3/300/P&L ABS (Anti-Lock Braking System) Hydraulic 2/200/P&L Electronic Braking System (EBS) 3/300/P&L Electronic Stability Control (ESC) 3/300/P&L Roll Stability Control (RSC) 3/300/P&L Air Dryers (ALL) 1/100/P&L Leveling Valves 1/100/P&L Air Brake Valves 1/100/P&L Emission Valves (SCR) 2/200/P&L Clutch Controls 2/200/P&L Air Compressors (ALL)2 1/100/P&L OnGuard™ 3/300/P&L OnGuardACTIVE™ 3/300/P&L OnLane™ Lane Departure Warning 3/300/P&L Blind Spot Detection 3/300/P&L OptiRide™ 2/200/P&L Trailer Roll Stability Support (RSS) 3/300/P&L Trailer Control Line Filter3 1/100/P&L Trailer ABS Valve3 3/300/P&L 1 WABCO and Meritor WABCO branded components. 2 WABCO compressors installed on Cummins, Mercedes, and DDC engines are not warranted or serviced by Meritor WABCO. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3 An extended warranty of 4/400/P will be applied when a Meritor WABCO Trailer Control Line Filter is used in combination with a Meritor WABCO Trailer ABS valve. • Airport Rescue Fire (ARF) • Airport Shuttle • Asphalt Truck • Block Truck • Bottom Dump Trailer Combination • Cementing Vehicle • City Bus • Commercial Pick-Up • Concrete Pumper • Construction Material Hauler • Crash Fire Rescue (CFR) • Mixer • Demolition • Drill Rig • Dump • Emergency Service • Equipment Hauling • Flatbed Trailer Hauler • Flatbed Truck • Fracturing Truck • Front Loader • Geophysical Exploration • Hopper Trailer Combinations • Landscaping Truck • Liquid Waste Hauler • Log Hauling • Lowboy • Michigan Special Gravel Trains • Michigan Special Log Hauler • Michigan Special Steel Hauler • Michigan Special Waste Vehicle • Municipal Dump • Newspaper Delivery • Package Delivery • Pick-up and Delivery • Rapid Intervention Vehicle (RIV) • Rear Loader • Recycling Truck • Residential Pick-Up/Waste • Rigging Truck • R o l l - O ff • Scrap Truck • Semi-End Dump • Sewer/Septic Vacuum • Shuttle Bus • Side Loader • Snowplow/Snowblower • Steel Hauling • Tanker • Tank Truck • Tractors with Pole Trailers • Tractor/Trailer with Jeeps • Transfer Dump • Transfer Vehicle • Transit Bus • Trolley • Utility Truck • Winch Truck Heavy Service Typically Is • On/Off road vocations (10% or more off-road) OR • Moderate to frequent starts/stops typically more than three (3) stops per mile HEAVY SERVICE (VOCATIONAL) WARRANTY INFORMATION 7 Coverage Exclusions Product Description All The cost of any repairs, replacements or adjustments to a covered product due to the following: (1) damage to the product or its component parts caused by incorrect use, installation, maintenance or repair, including without limitation (a) improper fit of mating components or brackets, (b) damaged threads, (c) cut, broken, chafed, pinched or otherwise damaged wiring (sensors, harnesses and connectors), (d) damaged sensors from removal when seized in block, or associated with sensor adjustments/ alignments, and (e) damage resulting from the use or installation of non-genuine Meritor WABCO components or materials; (2) damage to the product, its component parts, or diminished product or component part performance due to incorrect operation, deviation from approved conditions or misapplication; (3) any unauthorized disassembly of the product or its component parts including without limitation (a) obliterated, defaced or missing WABCO or Meritor WABCO name plate, serial numbers or label identifying the device as a Meritor WABCO product or WABCO component, (b) changes to sealed adjusting screws, and (c) opening or attempted repair of non-serviceable components; (4) malfunction of the component due to internal contamination out of the vehicle system including without limitation (a) water and other contamination damage that is due to the use of a non-genuine air dryer cartridge or (b) valve failures due to contamination in air system, (5) complaints associated with noise, (6) damage resulting from corrosion (including oxidation of electrical devices and connections). Air Dryers Mounting brackets (see vehicle OEM). Desiccant cartridge housing only. Air System Components Normal wear items; Gladhand seals, dash valve knobs, valve actuation handles, treadles, pedals. ABS, Electronic Stability Control (ESC), Roll Stability Control (RSC), OptiRide™, OnGuard™ and OnLane™, collectively “Electronics” Failure of electronic components due to overvoltage condition, improper grounding, electrostatic discharge (ESD), improper shielding, electromagnetic interference (EMI), or other wiring or installation issues. Malfunctions and failure codes caused by other electronic subsystem failures (data bus, engine, transmission, dashboard, etc.) Hydraulic Components For certain components, brake fluid DOT3 or DOT4 is used as the operating medium. Use of any other fluid will void all warranties associated with that component. For hydraulic braking applications the brake fluid is considered a maintenance item. Maintenance intervals are listed in TB-1367. Coverage Limitations Product Description All Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program. Products purchased on an incomplete vehicle (glider) are limited to one year, 1/Unl/P. For vehicles that operate full- or part-time outside of the United States and Canada, a 1-Year/Unlimited Miles parts only (1/Unl/P) will apply. TOOLBOX™ Software Proper diagnostics of Meritor WABCO Electronics may require the latest version of TOOLBOX™. Additional labor due to use of an outdated version of TOOLBOX™. TOOLBOX™ software, and/or the time to purchase or install latest version of TOOLBOX™ are not covered under product warranty. TERMS AND CONDITIONS 8 TERMS AND CONDITIONS (1) What is Covered by this Commercial Warranty? Meritor WABCO Vehicle Control Systems warrants to the owner (“Owner”) that the components listed in this publication, which have been installed by an Original Equipment Manufacturer (“OEM”) as original equipment will be free from defects in material and workmanship. This warranty coverage begins from the original in-service date to the limits provided and runs concurrently with any warranties provided by OEMs and/or any service contracts that cover the components listed in this publication, if any. If the components listed in this publication are covered by an OEM warranty and/or service contract, then the OEM’s warranty and/ or service contract shall supersede Meritor WABCO’s warranty and Owner shall comply with all OEM’s warranty and/or service contract requirements for claims under such OEM’s warranty and/or service contract until those agreements expire. Once those agreements expire and provided the Meritor WABCO warranty has not expired under the terms stated above, the Meritor WABCO warranty would be in effect until its expiration date. Warranty coverage ends at the expiration of the applicable time period from the date of vehicle purchase by the first Owner, or, the applicable mileage limitation, whichever occurs first. Duration of coverage varies by component and vocation as detailed previously in this publication. Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component. Other components are warranted for both parts and reasonable labor to repair or replace the subject component. Additional diagnostic time due to use of an outdated version of TOOLBOX™, time to purchase or install latest version of TOOLBOX™ are the responsibility of the authorized Meritor WABCO service location and are not covered under product warranty. Components installed as replacements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty. (2) Designation of Vocational Use Required. To obtain warranty coverage, each Owner must notify Meritor WABCO through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the Meritor WABCO components have been incorporated prior to the vehicle in-service date. This notification may be accomplished by registering the vehicle through your OEM new truck and/or trailer dealer or with Meritor WABCO directly. Failure to notify Meritor WABCO of (I) the intended vocational use of the vehicle or (II) a change in vocational use from that which was originally designated, will result in the application of a one year, unlimited mileage, parts only warranty (1/Unl/P) from the initial in-service date. A second Owner and each subsequent Owner must also notify Meritor WABCO as to the intended vocational use of the vehicle. This notification can be sent directly to Meritor WABCO or through the OEM new truck and/or trailer dealer. The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use. Coverage under Meritor WABCO’s warranty requires that the application of products be properly approved pursuant to OEM and Meritor WABCO, approvals. (3) What is the Cost of this Warranty? There is no charge to the Owner for this warranty. (4) What is not Covered by this Warranty? In addition to the items listed on page 7, this warranty does not cover normal wear and tear, or service items; nor does it cover a component that fails, malfunctions or is damaged as a result of (a) improper handling, storage, installation, adjustment, repair or modification including the use of unauthorized attachments or changes or modification in the vehicle’s configuration, usage, or vocation from that which was originally approved by Meritor WABCO, (b) accident, fire or other casualty, natural disaster, road debris, negligence, misuse, abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the brake system capacity), or (c) improper or insufficient maintenance (including deviation from maintenance intervals, approved lubricants, or lube levels). This warranty does not cover any component or part that is not sold by Meritor WABCO. (5) Remedy. The exclusive remedy under this warranty shall be the repair or replacement of the defective component at Meritor WABCO’s option. Meritor WABCO reserves the right to require that all applicable covered components are available and/or returned to Meritor WABCO for review and evaluation. (6) DISCLAIMER OF WARRANTY. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. SOME STATES LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE EXTENT SUCH STATE’S LAW IS APPLICABLE TO THESE TERMS. (7) LIMITATION OF REMEDIES. IN NO EVENT SHALL MERITOR WABCO BE LIABLE FOR SPECIAL, INCI- DENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TOW- ING, DOWNTIME, LOST PRODUCTIVITY, CARGO DAMAGE, TAXES, LOST PROFITS, COSTS OF PROCUREMENT OF A SUBSTITUTE COMPONENT OR ANY OTHER LOSSES OR COSTS RESULTING FROM A COVERED COMPONENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE EXTENT SUCH STATE’S LAW IS APPLICABLE TO THESE TERMS. (8) TIME LIMIT ON COMMENCING LEGAL ACTION. ANY LEGAL ACTION OR CLAIM ARISING FROM OR RELATED TO THIS WARRANTY, IN CONTRACT OR OTHERWISE, MUST BE COMMENCED WITHIN ONE YEAR FROM THE ACCRUAL OF THAT CAUSE OF ACTION, OR BE BARRED FOREVER. (9) To Obtain Service. If the Owner discovers within the applicable coverage period a defect in material or workmanship, the Owner must promptly give notice to either Meritor WABCO or the dealer from which the vehicle was purchased. To obtain service, the vehicle must be taken to any participating OEM new truck and/or trailer dealer or authorized Meritor WABCO service location. The dealer will inspect the vehicle and contact Meritor WABCO for an evaluation of the claim. When authorized by Meritor WABCO, the dealer will repair or replace during the term of this warranty any defective Meritor WABCO component covered by this warranty. (10) Entire Agreement. This is the entire agreement between Meritor WABCO and the Owner about warranty and no Meritor, Meritor WABCO employee, or dealer is authorized to make any additional warranty on behalf of Meritor WABCO unless in writing and signed by an authorized representative of Meritor WABCO. meritorwabco.com ©2017 Meritor WABCO Vehicle Control SystemsMeritor WABCO Vehicle Control Systems is ajoint venture of Meritor™ and WABCO For more information on Meritor WABCO Warranty, call our OnTrac Customer Service team at 866-OnTrac1 (866-668-7221) or visit meritorwabco.com. Litho in USA. Revised 06/17.SP-1375 (47865/11900)Meritor WABCO Vehicle Control Systems2135 West Maple Road, Troy, Michigan 48084, USAPhone: 866-ONTRAC1 (866-668-7221) Fax: 248-435-8002 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0012 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty applies only to the cab tubular support and mounting structures and other structural components of the cab of the vehicle model, as identified in the Pierce specifications for the Fire and Rescue Apparatus. This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Ten (10) Year Structural Integrity Custom Cab Ten (10) Years - or - 100,000 Miles Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: The Pierce Custom Cab shall be free from structural failures caused by defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Fire and Rescue Apparatus Coverage: Ten (10) Year Pro-Rated Paint and Corrosion Cab Ten (10) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Exterior surfaces of the cab painted by Pierce shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0055 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any: Topcoat Durability & Appearance: Gloss, Color Retention & Cracking 0-72 months 100% 73-96 months 50% 97-120 months 25% Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100% 37-84 months 50% 85-120 months 25% Corrosion: Dissimilar Metal and Crevice 0-36 months 100% 37-48 months 50% 49-72 months 25% 73-120 months 10% Corrosion Perforation 0-120 months 100% This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty. Items not covered by this warranty include: (a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). (b) UV paint fade. (c) Any cab not manufactured by Pierce. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0014 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty applies to all of the control modules for the Command Zone system, including the full color graphic displays. Related wire harnesses, cables and connectors are not covered under this limited warranty and are instead covered under the Pierce One Year Basic Apparatus Limited Warranty. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Five (5) Year Material and Workmanship Command Zone Electronics Five (5) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Command Zone control modules shall be free from failures caused by defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 1/11/2011 WA0188 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty does not apply to related wire harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: 54 Months Material and Workmanship Camera System Fifty - Four (54) monthsWarranty Period Ends After: The date of delivery.Warranty Begins: This limited warranty covers repairs to correct any defect related to materials or workmanship of the Sharpvision camera system installed on the apparatus occuring during the warranty period. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Fire and Rescue Apparatus Coverage: Ten (10) Year Material and Workmanship Pierce 12V LED Strip Light Limited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: This limited warranty covers repairs to correct any defect related to materials or workmanship of the Pierce 12V LED strip lights installed on the apparatus occuring during the warranty period. 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty does not apply to related wire harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Ten (10) YearWarranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 7/5/2011 WA0203 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. NEW PRODUCT WARRANTY PARTICIPATING OEM SALES DISTRIBUTOR SALES LIMITED WARRANTY ON NEW ALLISON AUTOMATIC TRANSMISSIONS USED IN EMERGENCY VEHICLE APPLICATIONS Allison Transmission will provide for repairs or replacement, at its option, during the warranty period of each new Allison transmission listed below that is installed in an Emergency Vehicle in accordance with the following terms, conditions, and limitations. WHAT IS COVERED  WARRANTY APPLIES — This warranty is for new Allison transmission models listed below installed in an Emergency Vehicle and is provided to the original and any subsequent owner(s) of the vehicle during the warranty period.  REPAIRS COVERED — The warranty covers repairs or replacement, at Allison Transmission’s option, to correct any transmission malfunction resulting from defects in material or workmanship occurring during the warranty period. Needed repairs or replacements will be performed using the method Allison Transmission determines most appropriate under the circumstances.  TOWING — Towing is covered to the nearest Allison Transmission Distributor or authorized Dealer only when necessary to prevent further damage to your transmission.  PAYMENT TERMS — Warranty repairs, including parts and labor, will be covered per the schedule shown in the chart contained in section “APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE.”  OBTAINING REPAIRS — To obtain warranty repairs, take the vehicle to any Allison Transmission Distributor or authorized Dealer within a reasonable amount of time and request the needed repairs. A reasonable amount of time must be allowed for the Distributor or Dealer to perform necessary repairs.  TRANSMISSION REMOVAL AND REINSTALLATION — Labor costs for the removal and re-installation of the transmission, when necessary to make a warranty repair, are covered by this warranty.  WARRANTY PERIOD — The warranty period for all coverages shall begin on the date the transmission is delivered to the first retail purchaser, with the following exception: Demonstration Service - A transmission in a new truck or bus may be demonstrated to a total of 5000 miles (8000 kilometers). If the vehicle is within this limit when sold to a retail purchaser, the warranty start date is the date of purchase. Normal warranty services are applicable to the demonstrating Dealer. Should the truck or bus be sold to a retail purchaser after these limits are reached, the warranty period will begin on the date the vehicle was first placed in demonstration service and the purchaser will be entitled to the remaining warranty. APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE WARRANTY LIMITATIONS (Whichever occurs first) ADJUSTMENT CHARGE TO BEPAID BY THE CUSTOMER APPLICABLE MODELS Months Transmission Miles Or Kilometers Parts Labor MT, MD 3000, 3200, 3500, 3700 0–24 No Limit No Charge No Charge HT with Hydraulic Controls 0–24 No Limit No Charge No Charge AT, 1000 Series, 2000 Series, 2400 Series 0–36 No Limit No Charge No Charge HT with Electronic Controls 0–60 No Limit No Charge No Charge HD 1000 EVS, 2100 EVS, 2200 EVS 2350 EVS, 2500 EVS, 2550 EVS, 3000 EVS, 3500 EVS, 4000, 4000 EVS, 4500, 4500 EVS, 4700, 4700 EVS, 4800, 4800 EVS 0–60 No Limit No Charge No Charge Page 1 of 2 WHAT IS NOT COVERED  DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered: — Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; — Misuse of the vehicle; — Installation into unapproved applications and installations; — Alterations or modification of the transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term storage procedure outlined in the applicable Allison Service Manual) — Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totaled.  CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s).  DAMAGE CAUSED by LACK of MAINTENANCE or by the USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR’S MANUAL — Defects and damage caused by any of the following are not covered: — Failure to follow the recommendations of the maintenance schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transmission fluid levels recommended in the Operator’s Manual.  MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility.  REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered.  USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered.  EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs.  “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury. OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state. Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY. PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. OTHER TERMS APPLICABLE TO OTHER END-USERS THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY. QUESTIONS If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to: Allison Transmission, Inc. P.O. Box 894 Indianapolis, IN 46206-0894 Attention: Warranty Administration PF-9 Form SE0616EN (201009) Page 2 of 2 Warranty Begins: The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per occurrence is available for the first three (3) years. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage Warranty Period Ends After: Fire and Rescue Apparatus Coverage: Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage 1. LIMITED WARRANTY The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The date of delivery to the first retail purchaser. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty does not cover repair due to accidents, misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty. This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as recommended. Performance of the required maintenance and use of proper fluids are the responsibility of the owner. Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission. Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization. Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.2/22/2012 WA0216 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. United Plastic Fabricating, Inc. (hereinafter called “UPF”) warrants each POLY-TANK®, Booster/Foam Tank POLYSIDE® Wetside Tank, Integrator Tank/Body, ELLIPSE™ Elliptical Tank, Ellip-T-Tank Tank and DEFENDER™ Skid Tank to be free from defects in material and workmanship for the service life of the original vehicle (vehicle must be actively used in an emergency re-sponse for fire suppression). All UPF Tanks must be installed and operated in accordance with the UPF Installation and Operating Guidelines. Failure to do so can void the warranty. Every UPF Tank is inspected and tested before leaving our facility. Should your UPF Tank require service, please notify UPF via email, fax, in writing or by calling UPF at 1-978-975-4520. Please provide the serial number, a de- scription of the service request, the location along with the phone number and name of the contact person. Our goal is to have scheduled work completed within a reasonable time period. Under a valid warranty claim, UPF will cover the cost to repair the UPF Tank including the customary and reasonable costs to make the tank accessible such as the removal and reinstallation of the tank if authorized in advance (pre-approved) by UPF. The warranty will not cover tanks that have been im-properly installed, operated, misused, abused, or modified from its intended or designed use. Serial number must not have been altered, defaced or re- moved. Tanks that are not stored or installed properly which results in the tank suffering UV damage will not be covered by this agreement. Should UPF determine that the service claim is valid under this warranty for a tank located outside of the United States and Canada, UPF will assume the costs for labor and material for the warranty repair as described above plus all travel costs to the U.S. port of embarkation. Costs for airline travel outside of the U.S. and Canada will not be the responsibility of UPF. In the event the tank shall become stationed in an area of the world that is considered to be a war zone or where unsafe conditions exist for the safe passage of United States Nationals, as reported by the United States Depart-ment of State, (http://www.state.gov), and a request to perform service or warranty repairs, UPF reserves the right to refuse to honor such requests. It is the purchaser’s responsibility to relocate the tank to an area where such repairs can be performed without undue risk to UPF employees or their des-ignee. UPF will make every reasonable effort to support our products though alternative means. For Ellipse™ elliptical tanks, a separate five year warranty provided by the subcontractor is applied to the sub-frames, chute linings (rubber isolation strips) and metal components. The stainless steel wrap provided by UPF shall be warranted by the subcontractor performing the wrap installation in accordance with their warranty in place at the time of the installation. UPF will not be liable for any warranty costs associated with the wrap, sub-frames, chute linings (rubber isolation strips) and metal components but will assist with all claims on behalf of its customer. For PolySide® wetsided tanks and Integrator™ Tank/Body units, all polypro-pylene components related to the tank shall carry the standard UPF lifetime FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™WARRANTYUNITED PLASTIC FABRICATING, INC. LIFETIME SERVICE WARRANTY Continued on back Effective 1 August, 2009 service warranty. Other polypropylene components, including but not limited to compartments, wheel wells, fenders and other body related components shall be warranted by UPF for a period of ten years. The warranty for the PolySide® and Integrator™ units excludes paint or hardware, which shall be covered by the manufacturer of the paint/hardware. All UPF tanks 50 gallons or less utilized for non-fire applications and installed on specialty vehicles such as ATVs, trailers, boats, etc. are covered under a separate warranty policy available from UPF. Further, UPF Protector™ foam and water trailers are warranted under a separate warranty policy available from UPF. This UPF warranty is transferable within the United States only with prior writ-ten approval by UPF (except an original apparatus manufacturer may assign this warranty to the first titled owner/lessee of the apparatus). UPF will NOT reimburse any unnecessary work and/or work that has not been pre-approved. Any and all third party charges must be pre- authorized and approved in writing by UPF prior to commencing the work. Any unauthorized third party repairs, alterations, actions or modi-fications will not be covered and can void the warranty. UPF will be the sole determining authority as to whether a service claim will be valid and covered under this warranty. In no event will UPF be liable for an amount in excess of the purchase price of the booster/foam tank at the time of manufacture or for any loss or dam-age, whether direct, indirect, incidental, consequential, or otherwise arising out of failure of its product. Loss of contents (water, foam, etc.) shall not be the responsibility of UPF. Further, UPF is not responsible for costs associated with service repairs to chassis, sub-frames, bodies, valves, dumps, hoses, pressure vacuum vents, and other components (i.e. liquid level transducers, etc.). Further, UPF will not cover the cost for travel of the vehicle to and from a repair facility. This warranty contains the entire warranty. It is the sole warranty and price agreements or representation, whether oral or written, are either merged herein or expressly cancelled. UPF neither assumes, nor authorizes any per-son supposing to act on its behalf to change, nor assume for it, any warranty or liability concerning its product. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow exclusion or limitation or incidental or consequential damage, so the above limitation or exclusion may not apply to you. Since some states do not allow limitations on the length of an implied warranty, the above limitation may not apply to you. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHICH EX-TEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. THERE IS NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ADDITION-ALLY, THIS WARRANTY IS IN LIEU OF ALL OTHER OBLIGATION OR LIABILITIES ON THE PART OF UPF.FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™WARRANTYUNITED PLASTIC FABRICATING, INC. POLY-TANK®,& POLYSIDE® are registered trademarks of UPF, Inc. INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ are trademarks of UPF, Inc. © 08/01/09 UPF, Inc. Printed in the USA 2 6 0 0 A M E R I C A N D R I V E • A P P L E T O N , W I 5 4 9 1 2 -2 0 1 7 • 9 2 0 -832-3 000 P I E R C E M A N U F A C T U R I N G I N C . B U L L E T I N TO: All Dealer Service Representatives From: Kevin Hanegraaf DATE: January 4, 2010 RE: UPF Tank Warranty Policy – Truck in Accident Service Topic #292 To keep the UPF tank warranty valid on trucks that have been involved in a vehicular accident, it is UPF’s policy that the customer must remove the tank from the truck and send it back to one of UPF’s facilities for inspection. In the event that this does not take place, the warranty will be considered null and void. The customer must remove and send the tank back to UPF for inspection in order to maintain the original warranty coverage, at which time it will be: - Filled with water - Visually inspected - Ultraviolet spark tested on articulating test stand in the dark - Recommendation for repairs if necessary provided by UPF - Fully evaluated and repaired by UPF If your customer chooses to leave the tank on the truck and wants a technician to inspect and/or repair the tank in the field, then the warranty is no longer in effect. This direction is upheld by UPF because the technician cannot inspect the entire tank when it is still installed on the truck. Note: This memo is intended to relay the information Pierce has received on UPF’s tank warranty for trucks that are in a vehicular accident. In the event of an actual claim, we direct you to consult with UPF’s service Manager Maura Watts (800-638-8265 x253) Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0009 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty applies only to the body tubular support and mounting structures and other structural components of the body of the vehicle model, as identified in the Pierce specifications for the Fire and Rescue Apparatus. This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Ten (10) Year Structural Integrity Apparatus Body Ten (10) Years - or - 100,000 Miles Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: The apparatus body shall be free from structural failures caused by defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. A & A Manufacturing Co., Inc. 2300 S. Calhoun Road · New Berlin, WI 53151 · Phone (262) 786-1500 · Fax (262) 786-3280 Pierce Warranty Statement for Gortite Roll Up Doors Rev 2/24/2011 All mechanical components of the door shall be warranted to be free from defects in materials and workmanship for the lifetime of the vehicle. All parts covered under this warranty shall be to the original owner. A&A manufacturing warrants that painted doors shall be free of blistering, peeling, bubbling, or any other adhesion defect caused by defective manufacturing methods or paint material selection. The time period for the coverage shall be 6 years from date of door shipment to Pierce. Satin anodized finish doors shall be warranted for 6 years against corrosion defects from date of door shipment to Pierce. Replacement of decals/Scotchlite is not covered. The maximum amount A&A will reimburse for labor is $60.00 per hour and the maximum amount of time allowed for repair is as follows: Door 1.0 Hr. Slat Replacement 1.0 Hr. Pennant Plate Replacement 1.0 Hr. Roller Replacement .5 Hr. Seal Replacement .5 Hr. Switch/Magnet Replacement 1.0 Hr. Travel Time 4.0 Hr. Waterous Company125 Hardman Avenue SouthSouth St. Paul, MN 55075 USAwww.waterousco.com F-2891 (04/15/20) Waterous Seven-Year Limited Warranty WATEROUS warrants, to the original Buyer only, that products manufactured by WATEROUS will be free from defects in material and workmanship under normal use and service for a period of seven (7) years from the date the product is first placed in service, or seven and one-half (7-1/2) years from the date of shipment by WATEROUS, whichever period shall be the first to expire; provided the Buyer notifies WATEROUS, in writing, of the defect in said product within the warranty period, and said product is found by WATEROUS to be nonconforming with the aforesaid warranty. When required in writing by WATEROUS, defective products must be promptly returned by Buyer to WATEROUS at WATEROUS’ plant at South St. Paul, Minnesota, or at such other place as may be specified by WATEROUS, with transportation and other charges prepaid. A Returned Material Authorization (RMA) is required for all products and parts and may be requested by phone, fax, email, or mail. The aforesaid warranty excludes any responsibility or liability of WATEROUS for: (a) damages or defects due to accident, abuse, misuse, abnormal operating conditions, negligence, accidental causes, use in non-firefighting applications, or improper maintenance, or attributable to written specifications or instructions furnished by Buyer; (b) defects in products manufactured by others and furnished by WATEROUS hereunder, it being understood and agreed by the parties that the only warranty provided for such products shall be the warranty provided by the manufacturer thereof which, if assignable, WATEROUS will assign to Buyer, if requested by Buyer; (c) any product or part, altered, modified, serviced or repaired other than by WATEROUS, without its prior written consent; (d) the cost of dismantling, removing, transporting, storing, or insuring the defective product or part and the cost of reinstallation; and (e) normal wear items (packing, strainers, filters, light bulbs, anodes, intake screens, mechanical seals, etc.). ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL WATEROUS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR PERSONAL INJURY OR PROPERTY DAMAGES. The exclusive remedy of Buyer and the sole liability of WATEROUS, whether based on contract, warranty, tort or any other basis of recovery whatsoever, is expressly limited at the election of WATEROUS to: (a) the replacement at the agreed point of delivery of any product or part, which upon inspection by WATEROUS or its duly authorized representative, is found not to conform to the limited warranty set forth above, or (b) the repair of such product or part, or (c) the refund or crediting to Buyer of the net sales price of the defective product or part. BUYER’S REMEDIES CONTAINED HEREIN ARE EXCLUSIVE OF ANY OTHER REMEDY OTHERWISE AVAILABLE TO BUYER. Warranty Begins: Stainless steel piping shall be free from structural failures caused by defects in material and workmanship, or perforation caused by corrosion.(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Ten (10) Years - or - 100,000 Miles Warranty Period Ends After: Fire and Rescue Apparatus Coverage: Ten (10) Year Material and Workmanship Stainless Steel Piping 1. LIMITED WARRANTY The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The date of the original purchase invoice (issued when the product ships from the factory). This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. Pierce’s obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the stainless steel piping or components which Pierce determines to have failed due to defective material and workmanship, or perforation caused by corrosion. This warranty does not cover the use of fluoroprotein (FP) type foam. The sodium chloride within FP foam can cause long-term damage to system components if not thoroughly flushed immediately after use. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.3/22/2012 WA0035 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0057 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any: Topcoat Durability & Appearance: Gloss, Color Retention & Cracking 0-72 months 100% 73-96 months 50% 97-120 months 25% Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100% 37-84 months 50% 85-120 months 25% Corrosion: Dissimilar Metal and Crevice 0-36 months 100% 37-48 months 50% 49-72 months 25% 73-120 months 10% Corrosion Perforation 0-120 months 100% This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty. Items not covered by this warranty include: (a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). (b) UV paint fade. (c) Any cab not manufactured by Pierce. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Ten (10) Year Pro-Rated Paint and Corrosion Custom Body Ten (10) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2010 WA0168 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty does not cover damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: One (1) Year Material and Workmanship Graphics Fading and Deterioration One (1) YearWarranty Period Ends After: The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins: Each graphic lamination shall be free from defects in material, workmanship, fading, and deterioration. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. EXHIBIT C PURCHASING TERMS AND CONDITIONS PURCHASING TERMS AND CONDITIONS (Florida) These Purchasing Terms and Conditions, together with the Equipment Proposal and all attachments (collectively, the “Agreement”) are entered into by and between Ten-8 Fire & Safety, LLC, a Florida company (“Company”) and Customer (as defined in Ten-8 Fire & Safety LLC’s Equipment Proposal document) and is effective as of the date specified in Section 3 of these Purchasing Terms and Conditions. Both Company and Customer may be referred throughout this document individually as a “party” or collectively as the “parties.” 1. Definitions. a. “Acceptance” has the same meaning set forth in Company’s Equipment Proposal. b. “Company’s Equipment Proposal” means the Equipment Proposal provided by Company and prepared in response to Customer’s request for proposal for a fire apparatus, associated equipment or an ambulance. c. “Cooperative Purchasing Contract” means an Agreement between Company and a public authority, including without limitation, a department, division, agency of a municipal, county or state government (“Public Authority”), that adopts or participates in an existing agreement between Company and another non-party customer (including, but not limited to such non-party customer’s equipment proposal, its applicable exhibits, attachments and purchasing terms and conditions), often referred to as a “piggyback arrangement,” which is expressly agreed to, in writing, by Company. Company has sole discretion to determine whether it will agree to such a Cooperative Purchasing Contract. d. “Delivery” means when Company delivers physical possession of the Product to Customer. e. “Manufacturer” means the Manufacturer of any Product. f. “Prepayment Discount” means the prepayment discounts, if any, specified in Company’s Equipment Proposal. g. “Product” means the fire apparatus and any associated equipment, or ambulance manufactured or furnished for Customer by Company pursuant to the Specifications. h. “Purchasing Terms and Conditions” means these Purchasing Terms and Conditions; however, if the Company’s Equipment Proposal or the Customer’s related Purchase Order states that it is governed by a Cooperative Purchasing Agreement, “Purchasing Terms and Conditions” shall mean those terms and conditions set forth in the applicable Cooperative Purchasing Agreement. i. “Specifications” means the general specifications, technical specifications, training, and testing requirements for the Product contained in Company’s Equipment Proposal and its Exhibit A (Proposal Option List or for ambulance sales, the Quotation, or Order Form, as applicable), prepared in response to Customer’s request for such a proposal. 2. Purpose. This Agreement sets forth the terms and conditions of Company’s sale of the Product to Customer. 3. Term of Agreement. This Agreement will become effective on the date of Acceptance as defined in Company’s Equipment Proposal (“Effective Date”) and, unless earlier terminated pursuant to the terms of this Agreement, it will terminate upon Delivery and payment in full of the Purchase Price. 4. Purchase and Payment. Customer agrees to pay Company the Purchase Price for the Product(s) as set forth in Company’s Equipment Proposal (“Purchase Price”). The Purchase Price is in U.S. dollars. Where Customer opts for a Prepayment Discount that specifies that Customer will tender one or more prepayments to Company, Customer must provide each prepayment within the time frame specified in the Equipment Proposal in order to receive the Prepayment Discount for that prepayment installment. 5. Representations and Warranties. Customer hereby represents and warrants to Company that the purchase of the Product(s) has been approved by Customer in accordance with applicable general laws and, as applicable, Customer’s charter, ordinances and other governing documents, and funding for the purchase has been duly budgeted and appropriated. 6. Cancellation/Termination. a. Fire Equipment and Apparatus Sales. In the event this Agreement is cancelled or terminated by Customer before completion, Company may charge Customer a cancellation fee. The following charge schedule is based on costs incurred by Manufacturer and Company for the Product, which may be applied and charged to Customer: (a) 12% of the Purchase Price after the order for the Product(s) is accepted and entered into Manufacturer’s system by Company; (b) 22% of the Purchase Price after completion of approval drawings by Customer, and; (c) 32% of the Purchase Price upon any material requisition made by the Manufacturer for the Product. The cancellation fee will increase in excess of (c) in this Section 6, accordingly, as additional costs are incurred by Manufacturer and Company as the order progresses through engineering and into the manufacturing process. b. Ambulance Sales. This Section 6 for Cancellation/Termination does not apply to Ambulance Sales. An order for an ambulance cannot be cancelled or terminated once Company receives and processes Customer’s Acceptance of Company’s Equipment Proposal. 7. Delivery. The Product is scheduled to be delivered as specified in the Delivery Timing section of the Equipment Proposal (“Delivery Timing”), which will be F.O.B. Company’s facility. The Delivery Timing is an estimate, and Company is not bound to such date unless it otherwise agrees in writing. Company is not responsible for Delivery delays caused by or as the result of actions, omissions or conduct of the Manufacturer, its employees, affiliates, suppliers, contractors, and carriers. All right, title and interest in and to the Product, and risk of loss, shall pass to Customer upon Delivery of the Product(s) to Customer. 8. Standard Warranty. The manufacturer warranties applicable to this Agreement, if any, are attached to Company’s Equipment Proposal as Exhibit A and are incorporated herein as part of the Agreement. a. Disclaimer. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, COMPANY, INCLUDING ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS PROVIDED UNDER THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING DISCLAIMER, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, IMPLIED WARRANTY AGAINST INFRINGEMENT, AND IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. 9. Limitation of Liability. COMPANY WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, ECONOMIC, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT WITHOUT REGARD TO THE NATURE OF THE CLAIM OR THE UNDERLYING THEORY OR CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LAW) ON WHICH SUCH DAMAGES ARE BASED. COMPANY’S LIMIT OF LIABILITY UNDER THIS AGREEMENT SHALL BE CAPPED AT THE TOTAL AMOUNT OF THE MONIES PAID BY CUSTOMER TO COMPANY UNDER THIS AGREEMENT. 10. Force Majeure. Company shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Company’s control which make Company’s performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, including transportation or delivery losses outside of Company’s control, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work. 11. Customer’s Obligations. Customer shall provide its timely and best efforts to cooperate with Company and Manufacturer during the manufacturing process to create the Product. Reasonable and timely cooperation includes, without limitation, Customer’s providing timely information in response to a request from Manufacturer or Company and Customer’s participation in traveling to Manufacturer’s facility for inspections and approval of the Product. 12. Default. The occurrence of one or more of the following shall constitute a default under this Agreement: (a) Customer’s failure to pay any amounts due under this Agreement or Customer’s failure to perform any of its obligations under this Agreement; (b) Company’s failure to perform any of its obligations under this Agreement; (c) either party becoming insolvent or becoming subject to bankruptcy or insolvency proceedings; (d) any representation made by either party to induce the other to enter into this Agreement, which is false in any material respect; (e) an action by Customer to dissolve, merge, consolidate or transfer a substantial portion of its property to another entity; or (f) a default or breach by Customer under any other contract or agreement with Company. 13. Manufacturer’s Statement of Origin. Company shall retain possession of the manufacturer’s statement of origin (“MSO”) for the Product until the entire Purchase Price has been paid. If more than one Product is covered by this Agreement, Company shall retain the MSO for each individual Product until the Purchase Price for that Product has been paid in full. 14. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Arbitration shall take place in Bradenton, Florida. 15. Miscellaneous. The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner, employee, agent, or joint venture of or with the other. Neither party may assign its rights and obligations under this Agreement without the prior written approval of the other party. This Agreement and all transactions between Ten-8 Fire & Safety, LLC will be governed by and construed in accordance with the laws of the State of Florida. The delivery of signatures to this Agreement may be via facsimile transmission or other electronic means and shall be binding as original signatures. This Agreement shall constitute the entire agreement and supersede any prior agreement between the parties concerning the subject matter of this Agreement. This Agreement may only be modified by an amendment, in writing, signed by duly authorized representatives of both parties with authority to sign such amendments to this Agreement. In the event of a conflict between the Ten-8 Proposal and these Terms and Conditions, the Ten-8 Proposal shall control except in the case of a Cooperative Purchasing Contract as set forth in Section 1(c) and (h) of these Purchasing Terms and Conditions. If any term of this Agreement is determined to be invalid or unenforceable by a competent legal authority, such term will be either reformed or deleted, as the case may be, but only to the extent necessary to comply with the applicable law, regulation, order or rule, and the remaining provisions of the Agreement will remain in full force and effect. FSA20-VEF14.02 Fire Rescue Vehicles & Other Equipment SPECIFICATION GROUP 8: PUMPER LEVEL 2 CUSTOM - MEDIUM 4 DOOR FSA Bid Item #MANUFACTURER CHASSIS MAKE / MODEL LADDER TYPE FSA T&C 3.06 PRICE ADJUSTMENT % (EFFECTIVE 8/1/2021)* % Discount Off MSRP BUILD SHEET 121 Pierce Manufacturing Inc.Enforcer N/A 541,784$ 6%Build Sheet 122 Pierce Manufacturing Inc.Arrow XT N/A 579,986$ 6%Build Sheet FSA AWARDED VENDOR: TEN 8 FIRE EQUIPMENT INC. (EFFECTIVE 1/4/2021, COMPANY NAME CHANGED TO TEN-8 FIRE & SAFETY, LLC.) * Price Adjustments Authorized Pursuant To FSA Contract Terms & Conditions, Sections 3.04 & 3.06. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0010 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve a tax service broker agreement with Fallbrook Tax Credits LLC of Calabasas, CA, to manage the transfer of ownership of the City of Clearwater’s Voluntary Clean-Up Tax Credits (VCTC), pursuant to Invitation to Bid 44-21 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater issued Invitation to Bid #44-21, Brokerage Services for Sale of Brownfield Tax Credits for the sale of seven City of Clearwater Brownfields Voluntary Cleanup Tax Credit (VCTC) certificates. The VCTCs were received between 2017 - 2021 for a total amount of $785,886.07. To maximize the City’s optimum return on investment Fallbrook Tax Credits LLC (Fallbrook) was selected, as they offered the highest return for each certificate. The Florida Department of Environmental Protection (FDEP) administers the VCTC program and awards certificates based on approved cost incurred for environmental remediation work . The two locations that received VCTC certificates are: ·Clearwater Gas System: o Location: Former Manufactured Gas Plant site, 777 Maple St o Four certificates awarded for calendar years 2017, 2018, 2019 & 2020. o Total amount: $744,076.07 ·Economic Development and Housing: o Location: Former CarPro property, 1359 Cleveland Street o Three certificates awarded for calendar years 2018, 2019 & 2020. o Total amount: $41,810.00 ·Total certificate amount: $785,886.07 Tax credit selling price is determined by the marketplace. Transferable tax credits are priced with a cents-per-dollar of credit purchase price. Fallbrook provided a bid selling price of $0.9112 per dollar of each credit. Therefore, Fallbrook will retain $69,786.68 in brokerage fees for selling off the credits and the City will receive $716,099.39. Even though the brokerage fee is under $100,000, this agreement still needs to be approved by Council due to the indemnification language outlined in section 7 of the agreement. The City has a five-year time frame, from the issue date on the original certificate, to transfer the VCTC certificates to an entity that has a Florida corporate income tax liability. When a transfer occurs, the five-year “clock” restarts, the transferee will receive a certificate with a new Page 1 City of Clearwater Printed on 1/12/2022 File Number: ID#22-0010 issue date (date of transfer) and the transferee will have five years from that date to use the certificate. The certificate is not eligible to be sold once a new certificate is issued. The Florida Legislature created the VCTC program to encourage participants to conduct voluntary cleanup of certain contaminated sites and brownfield sites in designated brownfield areas. Participants may be private or public entities and must enter into either a Voluntary Cleanup Agreement or a Brownfield Site Rehabilitation Agreement (BSRA) under the provisions of FL Statutes 376.3078, 376.30781 and 376.82. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 1/12/2022 BID SUBMISSION BROWNFIELD TAX CREDITS 19 ITB #44-21 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form Minimum of three (3) references, similar to size and scope W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING BROWNFIELD TAX CREDITS 20 ITB #44-21 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to sell Brownfield Voluntary Cleanup Tax Credits for the City of Clearwater at the price(s) stated below. PAYMENT TERMS: Vendor: _________________________________________ Date: ______________________________ VCTC Appl # Certificate # Project Site VCTC Face Value Amount Net price to City in cents per dollar per tax credit sold (Example: $X.XX per dollar) 966 962 Clearwater Manufactured Gas Plant Site $54,004.40 $ 1080 1109 Clearwater Manufactured Gas Plant Site $317,759.75 $ 1247 1259 Clearwater Manufactured Gas Plant Site $150,618.69 $ 1365 1403 Clearwater Manufactured Gas Plant Site $221,693.23 $ 1031 1122 CarPro Site located at 1359 Cleveland Street $13,496.50 $ 1214 1284 CarPro Site located at 1359 Cleveland Street $14,784.00 $ 1386 1418 CarPro Site located at 1359 Cleveland Street $13,529.50 $ Total Face Value Amount in VCTC: $785,886.07 0.9112/$1.00 0.9112/$1.00 0.9112/$1.00 0.9112/$1.00 0.9112/$1.00 0.9112/$1.00 0.9112/$1.00 $0.9112/$1.00 Fallbrook Tax Credits LLC 9/29/21 EXCEPTIONS/ADDITIONAL MATERIAL/ADDENDA BROWNFIELD TAX CREDITS 21 ITB #44-21 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ X X Fallbrook Tax Credits LLC 9/29/21 VENDOR INFORMATION BROWNFIELD TAX CREDITS 22 ITB #44-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. Fallbrook Tax Credits LLC 26610 Agoura Rd. Calabasas CA 91302 (818) 657-6100 (818) 657-6145 severett@fallbrookfinance.com https://fallbrooktaxcredits.com/ Sean Everett (818) 657-6125 (818) 657-6145 severett@fallbrookfinance.com Sean Everett (818) 657-6125 (818) 657-6145 severett@fallbrookfinance.com OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest.d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract.f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the re or in response to a public records request under public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) R will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: Fallbrook Tax Credits LLC Sean Everett Transactional Director 9/29/21 REFERENCES BROWNFIELD TAX CREDITS 27 ITB #44-21 Instructions: Bidders must submit a minimum of three (3) references for work performed that is similar in size and scope within the last three (3) years with bid submittal. Complete and return with bid submittal. Reference # 1 Customer Name: Contract Value: Address City / State / Zip Contact Person: Phone: Email: Services Provided: Reference # 2 Customer Name: Contract Value: Address City / State / Zip Contact Person: Phone: Email: Services Provided: Reference # 3 Customer Name: Contract Value: Address City / State / Zip Contact Person: Phone: Email: Services Provided: Vendor Name Date: City of Doral City of Tallahassee 300 S. Adams St. Tallahassee 32301FL Alissa Meyers (850) 981-8854 alissa.meyers@talgov.com $348,299 $367,717.41 City of Daytona Beach 301 S. Ridgewood Ave. Daytona Beach FL 32114 Joanne Flick (386) 671-8082 fkicjj@codb.us $368,358.43 8401 NM 53rd Terrace, 2nd Fl. Doral FL 33166 Edward Rojas (305) 593-6690 edward.rojas@cityofdoral.com Tax credit brokerage services Tax credit brokerage services Tax credit brokerage services Fallbrook Tax Credits LLC 9/29/21 1) Cherrytree Group, LLC 2) Jeffrey H. Jacobson 287 Auburn Street dba Clocktower Tax Credits, LLC Newton, MA 02466 2 Mill & Main Place, Suite 295 617.431.2266 Maynard, MA 01754 978.823.0200 3) Fallbrook Tax Credits, LLC 26610 Agoura Road Calabasas, CA 91302 818.657.6100 ADVERTISED: TAMPA BAY TIMES 9/1/2021 POSTED:myclearwater.com 8/30/21 - 09/30/21 FOR THE CITY OF CLEARWATER Due/Opening: September 30, 2021; 10:00 a.m. INVITATION TO BID No. 44-21 Brokerage Services for Sale of Brownfield Tax Credits Solicitation Response Listing CITY OF CLEARWATER ITB # 44-21, Brownfield Tax Credits DUE DATE: September 30, 2021; 10:00 AM BID TABULATION VCTC Appl #Certificate # Project Site VCTC Face Value Amount Net Price in Cents per Dollar Total Price Unit Price (UOM) Total Price Unit Price (UOM) Total Price 966 962 Clearwater Manufactured Gas Plant Site 54,004.40 $0.9100 $ 49,144.00 $0.9110 $ 49,198.01 $0.9112 $ 49,208.81 1080 1109 Clearwater Manufactured Gas Plant Site 317,759.75 $0.9100 $ 289,161.37 $0.9110 $ 289,479.13 $0.9112 $ 289,542.68 1247 1259 Clearwater Manufactured Gas Plant Site 150,618.69 $0.9100 $ 137,063.01 $0.9110 $ 137,213.63 $0.9112 $ 137,243.75 1365 1403 Clearwater Manufactured Gas Plant Site 221,693.23 $0.9100 $ 201,740.84 $0.9110 $ 201,962.53 $0.9112 $ 202,006.87 1031 1122 CarPro Site located at 1359 Cleveland Street 13,496.50 $0.9100 $ 12,281.82 $0.9110 $ 12,295.31 $0.9112 $ 12,298.01 1214 1284 CarPro Site located at 1359 Cleveland Street 14,784.00 $0.9100 $ 13,453.44 $0.9110 $ 13,468.22 $0.9112 $ 13,471.18 1386 1418 CarPro Site located at 1359 Cleveland Street 13,529.50 $0.9100 $ 12,311.85 $0.9110 $ 12,325.37 $0.9112 $ 12,328.08 785,886.07 Total Net Revenue: $ 715,156.32 Total Bid Items 1 – 20: $ 715,942.20 Total Bid Items 1 – 20: $ 716,099.39 Cherrytree Group, LLC 287 Auburn Street Newton, MA 02466 Clocktower Tax Credits, LLC 2 Mill & Main Place, Suite 295 Maynard, MA 01754 Fallbrook Tax Credits, LLC 26610 Agoura Rd. Calabasas, CA 91302 Total VCTC Face Value Amount: Page 1 of 2 CITY OF CLEARWATER ITB # 44-21, Brownfield Tax Credits DUE DATE: September 30, 2021; 10:00 AM BID TABULATION Cherrytree Group, LLC 287 Auburn Street Newton, MA 02466 Clocktower Tax Credits, LLC 2 Mill & Main Place, Suite 295 Maynard, MA 01754 Fallbrook Tax Credits, LLC 26610 Agoura Rd. Calabasas, CA 91302 Page 2 of 2 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-04 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Accept a Gas Utility Easement from Cedar Hill Apartment, for the construction, installation, and maintenance of gas utility facilities on real property located at 851 E. Klosterman Road, Tarpon Springs, FL, 34689 and adopt Resolution 22-04. SUMMARY: Cedar Hill Apartment (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 851 E. Klosterman Rd, Tarpon Springs, FL, 34689 (Parcel ID# 19-27-16-89442-000-0270) for the installation of a natural gas distribution line. This line will serve residential apartments. The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. Page 1 City of Clearwater Printed on 1/12/2022   Resolution No. 22‐04  RESOLUTION NO. 22-04 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A UTILITY EASEMENT FROM CEDAR HILL APARTMENTS, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater needs a utility easement from CEDAR HILL APARTMENTS, for the construction, installation and maintenance of certain utility facilities; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council of the City of Clearwater hereby accepts the Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 22-04. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _____ day of _____________, 2022. ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk E Klosterman Rd. US Highway 19 N 851 E. Klosterman Rd.— Gas Easement 851 E. Klosterman Rd. Tarpon Springs, FL 34689 - Parcel ID# 19-27-16-89442-000-0270 851 E Klosterman Rd Parcel ID# 19-27-16-89442-000-0270 Gas Easement Granted to CGS Gas Easement Granted to CGS Gas Easement Granted to CGS Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-05 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Accept a Gas Utility Easement from City Square LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 512 Cleveland Street, Clearwater FL, 33755 and adopt Resolution 22-05. SUMMARY: City Square, LLC (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 512 Cleveland Street, Clearwater FL, 33755 (Parcel ID# 16‐29‐15‐32274‐005‐0040) for the installation of a natural gas distribution line. This line will serve commercial business. The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. Page 1 City of Clearwater Printed on 1/12/2022   Resolution No. 22‐05  RESOLUTION NO. 22-05 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A UTILITY EASEMENT FROM CITY SQUARE, LLC, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater needs a utility easement from CITY SQUARE LLC, for the construction, installation and maintenance of certain utility facilities; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council of the City of Clearwater hereby accepts the Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 22-05. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _____ day of ____________, 2022. ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk [GM15-2064-066/258069/1] GM15-2064-066/257077/1 Exhibit “A” [INSERT SKETCH AND LEGAL DESCRIPTION] [TO BE REPLACED WITH AS-BUILT SURVEY AFTER INSTALLATION OF FACILITIES AND BEFORE RECORDING] 512 Cleveland St.—Gas Easement 512 Cleveland St, Clearwater, FL 33755 Parcel ID: 16-29-15-32274-005-0040 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10103 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Authorize a Guaranteed Maximum Price proposal to Khors Construction, Inc., of Pinellas Park, FL, for the construction of a new pier and floating docks at the Clearwater Community Sailing Center (CCSC) located at 1001 Gulf Boulevard in the amount of $728,222.00 which includes a 10% contingency, pursuant to RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing Contracts; approve a first quarter budget amendment to transfer $102,851.67 from project 93673 - Jack Russell Stadium Improvements, $230,000 from project 93499 - Pier 60/Sailing Center Maintenance, and allocate $400,000 from general fund reserves all transferred to project C2210 -Sailing Center Dock Replacement and authorize the appropriate officials to execute same. (consent) SUMMARY: The City and Clearwater Community Sailing Center Association Inc. (CCSC) initially entered into an agreement in 2002. On August 6, 2020, the City Council approved a management agreement between the City and CCSC for continued use of the Sailing Center. Under this agreement, as well as previous agreements with CCSC, the City is responsible for the capital maintenance of the building, piers, and docks. There are two docks used by CCSC: one to the north and one to the south of the property. Both docks require replacement and are deemed to be unsuitable for continued use by patrons of the Sailing Center due to structural and appearance issues. While not included in this proposal, the Sailing Center building will require some major renovations at a later time, including a new roof, structural repairs to the building and replacement of metal railing as well as interior renovations. On September 17, 2020, Council approved the award of RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing Contracts to thirteen firms with Khors Construction, Inc., being one of the thirteen firms selected. This contract will include the removal of the existing docks, decking, pilings, supports, and concrete associated with both the north and south docks, and replaces both with new boardwalks and floating concrete docks, water and electrical services, lighting, handrails etc. The pier and docks will be rebuilt in the same location as they currently exist. Page 1 City of Clearwater Printed on 1/12/2022 File Number: ID#21-10103 This is a 120-day contract, however it will not commence until approval of all permits necessary to construct the new docks have been secured, which may take four to six months. Staff is requesting that the balance of funds allocated to Jack Russell Stadium Improvements of $102,851.67 be transferred to address a more pressing need at the Sailing Center as the scope of the Jack Russell project has changed to include only the restroom renovations which have been completed. Funding of $230,000 in the Pier 60/Sailing Center R&R project will be transferred to a new project established to account for this capital upgrade (C2210, Sailing Center Dock Replacement). The remaining funding to cover the contract costs and 10% contingency are being requested from an allocation of general fund reserves in the amount of $400,000. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will provide a transfer of $102,851.67 from project 93673, Jack Russell Stadium Improvements, $230,000 from project 93499, Pier 60/Sailing Center, and an allocation of $400,000 of General Fund reserves all transferred to project C2210, Sailing Center Dock Replacement. 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 $400,000 to capital improvement project C2210, Sailing Center Dock Replacement. Inclusive of this item if approved, a net total of $716,980 of General Fund reserves has been appropriated by Council to fund expenditures in the 2021/22 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $43.4 million, or 26.3% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 1/12/2022 Clearwater Sailing Center Pier Replacements December 21, 2021 TO: Art Kader City of Clearwater – Parks & Rec 100 South Myrtle Ave, Suite 120 Clearwater, FL 33756 RE: CM Proposal Clearwater Sailing Center Rev. 12-21-21 North and South Piers and Floating Dock Reconstruction 1001 Gulf Boulevard Clearwater, FL 33767 Dear Mr. Kader, I am pleased to submit the following Construction Management Design/Build Proposal for the replacement of the Sand Key Sailing Center Piers and Floating Docks as more specifically outlined below for a Guaranteed Maximum Price of (728,222.00) seven hundred, twenty-eight thousand, two hundred, twenty-two, and 00/100 dollars. Scope of Work and Cost Detail: Description: Removal and Disposal of existing fixed piers, floating docks, handrail, and pilings. New pier will be rebuilt back in kind with all new framing, decking and pilings. 6’ x 175’ and 350 LF of rail with a ramp to a floating 20’ x 30’ floating dock, so replacing pier(s) and dock(s) back in kind less 10’ x 30’ floating dock. 1. Complete removal and disposal of existing fixed piers and floating docks including pilings, framing, and decking. 2. New Pier pilings will be 10” – 12” Butt 2.5 CCA saltwater treated pilings. 3. Pilings will be PVC double vinyl wrapped from mud line to bottom of the sills. 4. Sills will be 2” x 10” pressure treated doubled and bolted with 5/8” SS bolt. 5. Joist will be 2” x 10” pressure treated set a maximum 16” on center doubled on outsides and bolted with 5/8” SS bolts. 6. Decking will be 1” x 6” Wear deck in owner’s choice of color, secured down with stainless steel screws. Clearwater Sailing Center Pier Replacements 6. Handrail down both side of walkway. Built with 3--2” x 6” Wear deck horizontals and 2” x 6” cap with 4” x 4” PT post double bolted to outside framing with 1/2:” stainless lags. 7. Install one 20’ x 30 concrete floating dock with a 18” freeboard per pier. 8. Docks will have (Four) 304 SS piling guides to carry a 14” x 14: concrete piling. Thru-rods will be 3⁄4” RFP for the main dock and SS rods at the weldments. 9. Existing ramps will be removed and reset on new dock. 10. Wood walers will be 5” x 15” CCA treated glulam beams with shear plates and Split rings in designated locations. 11. Includes 14” x 14” concrete pilings (Eight in total). 12. Grey vinyl fendering and corner bumpers included. With (Six) HDG 14” cleats. 13. Install one 1,500 lb Swinger PWC lift with a 12” CCA piling. 14. Owner to supply area for lay down and off-loading on site. 15. Provide PVC Irrigations box with shut off valve on land, run water to end of dock and 2 hose bibs on dock, with PVC shut off valves 16. Disconnect existing electrical and install junction box mounted to 4x4 P.T. Wooden post on land. Install new conduit to end of dock with two GCCI outlets, make all connections to new lift. 17. Furnish and install 8 solar powered lights on top of new concrete pilings. 18. Furnish and install 18 solar powered deck mount lights. Item Amount Design, Engineering, Pre-construction, Permitting, Coordination, Bond $ 17,848.00 S. Dock Demolition, Pile Driving, New Fixed/Floating Dock, and Lift Construction $ 262,000.00 Plumbing 1" to 3/4" 3 hose bibs, PVC box and Brass Valve within 25' of dock $ 6,642.00 Electrical Box Stub up for 1 lift connection and GFCI outlet, Solar Lights (4 on concrete pilings, 9 on dock.) $ 7,750.00 Subtotal $ 276,392.00 N. Dock Demolition, Pile Driving, and New Fixed/Floating Dock Construction $ 256,000.00 Plumbing 1" to 3/4" 3 hose bibs, PVC box and Brass Valve within 25' of dock $ 6,642.00 Electrical Box Stub up fo and GFCI outlet, Solar Lights (4 on concrete pilings 9 on dock.) $ 6,805.00 Subtotal $ 269,447.00 Clearwater Sailing Center Pier Replacements Equipment, Dumpsters, Signage, and Temp. Barricades $ 5,650.00 CMAR FEE, Supervision, Insurance $ 92,683.00 Sub-Total $ 662,020.00 Owner Contingency $ 66,202.00 Grand Total $ 728,222.00 Exclusions: 1. Temporary fencing. 2. All chain link fencing replacement. 3. Replacement of existing concrete slabs. 4. Earthwork or seawall work. 5. Drilling for pile installation, if required by rock in subsurface conditions. 6. Builder’s Risk Insurance. 7. Cost paid to governmental agencies. 8. Electrical or plumbing work further landward than 25’ from where dock meets land. Project Duration shall be 120 calendar days from the mutually agreed upon date for Notice to Proceed after permits are approved and materials are available. Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on 08/24/2020 based on RFQ #40-20. If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. (If GMP is less than $150,000 a bond is not required.) For work performed, invoices shall be submitted to Art Kader, City of Clearwater--Parks and Recreation Department 100 S. Myrtle Ave., Suite 120 Clearwater, FL 33756. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. Clearwater Sailing Center Pier Replacements KHORS CONSTRUCTION, INC. By: _____________________________ Kori Khorsandian, President Date:___________________________ CITY OF CLEARWATER, FLORIDA Countersigned: ____________________________ ______________________________ Frank V. Hibbard Jon P. Jennings Mayor City Manager Approved as to form: Attest: ____________________________ _______________________________ Owen Kohler Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0007 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve First Amendment to Lease Agreement between Clearwater For Youth, Inc. and the City of Clearwater, to provide additional office space and clarify agreement language, and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 21, 2005, the Council approved a 5-year Agreement between Clearwater For Youth, Inc. (CFY), and the City of Clearwater, which expired on January 31, 2010, and has been successfully renewed for additional five-year periods since that time. The original Lease Agreement allowed for CFY to utilize offices located at the Long Center as a base for their operations, and to provide financial support to the CFY through in-kind services of general office space and utility services. This Amendment to the Lease Agreement will provide for additional language which clarifies the provided utility services by the City and provides for additional leased space for the CFY which is required due to their growing business needs. In exchange, CFY will contribute an additional $100,000 annually to support various City Co-Sponsored Organizations, which benefit various youth programs throughout the community. Staff recommends amending the current lease agreement to provide for additional office space, and to provide clarification of the in-kind services provided by the City. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 1/12/2022 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT (“First Amendment”) is made and entered into on this _____ day of January, 2022, by and between the City of Clearwater, Florida (“Lessor” or “City”), a municipal corporation of the State of Florida, whose address is Attn: Parks & Recreation Director, Post Office Box 4748, Clearwater, Florida 33758-4748, and the Clearwater For Youth, Inc. (“Lessee” or “CFY”), a Florida not-for-profit corporation, whose address is 1501 North Belcher Road, Suite 236, Clearwater, FL 33765, (each individually referred to herein as “Party” or collectively as the “Parties”). WHEREAS, it has been determined to be highly desirable to provide financial support to various City co-sponsored youth athletic programs and organizations, and to that end, the City continues to partner and enter into agreements with various organizations to help youth, adults, and families. WHEREAS, CFY has a long-standing history of providing youth sport programming operations and financial assistance within the City of Clearwater. WHEREAS, on October 1, 2003, the ownership of the Long Center facility was transferred to the City through a Transfer Agreement. WHEREAS, in addition to transferring ownership of the Long Center facility, the Transfer Agreement required that the City enter into an agreement with CFY to provide office space and use of the Long Center facility. WHEREAS, the City and CFY entered into that certain Lease Agreement on April 25, 2005. WHEREAS, CFY desires additional office space for its operations, and in exchange for that additional office space, CFY shall contribute an additional One Hundred Thousand Dollars per year for the remainder of this Lease Agreement, to support Co- Sponsorship Contributions. WHEREAS, the City and CFY desire to amend this Lease Agreement in order to better serve the young adults and families of Clearwater. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties agree as follows: 1. Section 2. LEASE PROPERTY. is hereby amended as follows: 2. LEASE PROPERTY. That the Lessor does lease to the Lessee the following premises: office space consisting of approximately 237 square feet suites #703, #704, #705, #706, #711, and common space of approximately 193 square feet adjacent to suite #711, within the Long Center facility. Lessee shall have exclusive use of the office space. In addition, Lessee shall be permitted use of the Long Center common facilities and services, as further described herein, for purposes defined herein. The Lessee hereby agrees that such use of common facilities and services is subject to use preference as determined by the Lessor in its sole discretion or as otherwise defined hereunder. Such property shall hereinafter be referred to as the “leased premises”, “demised premises” or the “leased property.” 2. Section 4. RENT. is hereby amended as follows: 4. RENT. The Lessee agrees to pay and the Lessor agrees to accept the total sum of One Dollar ($1.00) as rent during the initial term of this lease, and for each renewal period, the receipt of which is hereby acknowledged. In further consideration for Lessor entering into this lease with Lessee, Lessee covenants with Lessor that Lessee shall contribute an additional One Hundred Thousand Dollars during the Initial term and One Hundred Thousand Dollars ($100,000) for each five-year extension thereof, to support various City Co-Sponsored Organizations (“Co- Sponsorship Contributions”). In addition, beginning on February 1, 2022, and each February 1 thereafter, Lessee shall contribute an additional One Hundred Thousand Dollars ($100,000.00) per year for the remainder of this Lease Agreement, to support Co-Sponsorship Contributions. For purposes of this lease, a Lessor Co-Sponsored Organization is defined as an organization that has current, effective Co-Sponsorship Agreement with the Lessor or in the future meets Lessor requirements to become a new Co-Sponsored Organization. Lessee’s failure to timely contribute the Co-Sponsorship Contributions during the Lease Term shall be deemed a material default, subject to provision of Paragraph 20, DEFAULT; REMEDIES; TERMINATION BY LESSOR. 3. Section 6. LESSOR IN KIND SERVICES. is hereby amended as follows: 6. LESSOR IN KIND SERVICES. The Lessor agrees to provide maintenance of all major capital components of the leased premises including air conditioners, roof, painting, plumbing, and electrical, as well as custodial maintenance for the portion of the Center to be used by the Lessee. In addition, Lessor will provide all utilities water, sewer, electric, and telephone services necessary for the operation of the Lessee’s office., as well as clerical support and use of support equipment (e.g., copy and fax machine) in the operation of official Clearwater For Youth business. Said clerical and equipment support shall be provided only for services benefiting City Co- Sponsored Programs and shall be subject to City's discretion. The Lessor shall not make any monetary contributions as a part of this agreement, however, in addition to the use of the Center by the Lessee, the Lessor agrees to help direct potential contributions of third parties and sponsorship solicitations to the Lessee, to help fund City Co-Sponsored Organizations as contemplated hereunder. The Lessor also agrees to provide assistance, subject to applicable law and policies of the Lessor, in developing a capital campaign program, similar to a “Pennies for Parks” program (as operated by Pinellas County), whereby financial resources are contributed to athletic sponsorships and programs via various sources such as through public contributions on utility bills. 4. All other terms and conditions of this Lease Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed and delivered this Amendment the day and year first above written. CLEARWATER FOR YOUTH, INC. _________________________ Kevin Dunbar, Executive Director CITY OF CLEARWATER _________________________ _________________________ Frank V. Hibbard Jon P. Jennings Mayor City Manager Approved as to form: Attest: _________________________ _________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this ~ay of ~,.,.2\l ,2005, between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporati n of the State of Florida, as Lessor" or "City", and CLEARWATER FOR YOUTH, INC., a Florida not-for-profit corporation, as Lessee" or "CFY" (each referred to individually herein as "Party" or collectively as the "Parties"). WHEREAS, it has been determined to be highly desirable to provide financial support to various City co-sponsored youth athletic programs and organizations ("City_ Co-Sponsored Organizations" or "City Co-Sponsored Programs"), and to that end, Lessor continues to partner and enter into agreements with various organizations as a means to help young people, adults and families; and, WHEREAS, Lessee has a long standing history of providing youth sport programming operations and financial assistance within the City of Clearwater; and, WHEREAS, through its the Board of Directors, Lessee organized The Long Center Foundation, a Florida Non-Profit Corporation, in 1986 (the "Foundation", formerly the "Center Foundation") for the purpose of planning, building and endowing the unique 150,000 square foot $15 million recreational and educational facility known as The Long Center for, among other things, to provide Lessee with permanent office facilities and to augment their recreational sports mission; and WHEREAS, the Board of Directors of Lessee also organized The Long Center, Inc., a Florida Non-Profit Corporation in 1990 for the purpose of owning and managing The Long Center; and WHEREAS, the Boards of Directors of both the Foundation and The Long Center, Inc., through an agreement with the Lessor ("Transfer Agreement") transferred the facility and all of its interest in furniture, fixtures and equipment to the Lessor on October 1, 2003, in consideration of the Lessor taking responsibility for the operation and management of the facility using Lessor resources, with the exception of a annual subsidy to be provided by the Foundation; and WHEREAS, as a result of the Transfer Agreement, the Lessor currently owns the Long Center, Center"), located at 1501 North Belcher Road, Clearwater, Florida; and WHEREAS, in addition to transferring ownership of the Long Center building, the Transfer Agreement stated that the Parties would enter into an agreement replacing a former Lease Agreement which would provide Clearwater For Youth with office space and use of the facility, said Agreement to be revised only as mutually agreed upon; and WHEREAS, the Board of Directors of the Lessee desires to continue to provide financial support to athletic programs including City Co-sponsored Organizations and Programs, and specifically Clearwater For Youth Programs as a City Co-Sponsored Program, and is agreeable to entering into this Lease in accordance with the Transfer Agreement, as amended. NOW THEREFORE, the parties agree as follows: 1. RECITALS. The foregoing recitals are true and correct and are incorporated in and form a part of this agreement. 1 2. LEASE PROPERTY. That the Lessor does lease to the Lessee the following premises: office space consisting of approximately 237 square feet within the Long Center facility. Lessee shall have exclusive use of the office space. In addition, Lessee shall be permitted use of the Long Center common facilities and services as further described herein, for purposes defined herein. The Lessee hereby agrees that such use of common facilities and services is subject to use preference as determined by the Lessor in its sole discretion or as otherwise defined hereunder. Such property shall hereinafter be referred to as the "leased premises", "demised premises" or the "leased property. II 3. LEASE TERM. The term of this lease shall be for 5 year(s); which term shall commence on the 1st day of February 2005, and shall continue until midnight on the 31st day of January 2010 ("Initial Term"). This Lease shall automatically renew for five (5) successive five (5) year periods unless notification of termination is provided, in writing, by the terminating Party sixty (60) days prior to the end of the then current term, as termination is provided for hereunder. However, nothing in this Lease shall be deemed a waiver by the Lessor of its right to cancel or not to renew this Lease as otherwise provided herein. The expression "term hereof" refers to the initial term hereunder and to any extension in accordance with the Lease terms herein. 4. RENT. The Lessee agrees to pay and the Lessor agrees to accept the total sum of One Dollar ($1.00) as rent during the initial term of this lease, and for each renewal period, the receipt of which is hereby acknowledged. In further consideration of Lessor entering into this lease with Lessee, Lessee covenants with Lessor that Lessee shall contribute an additional One Hundred Thousand Dollars during the Initial Term and One Hundred Thousand Dollars ($100,000) for each five year extension thereof, to support various City Co-Sponsored Organizations ("Co-Sponsorship Contributions"). For purposes of this Lease, a Lessor Co-Sponsored Organization is defined as an organization that has a cl..jrrent, effective Co-Sponsorship Agreement with the Lessor or in the future meets Lessor requirements to become a new Co-Sponsored Organization. Lessee's failure to timely contribute the Co-Sponsorship Contributions during the Lease Term shall be deemed a material default, subject to provisions of Paragraph 20, DEFAULT; REMEDIES; TERMINATION BY LESSOR. 5. CO-SPONSORSHIP CONTRIBUTIONS. Types of financial support to be given as Co-Sponsorship Contributions include, but are not limited to: (1) Participant scholarship support; (2) Matching grant support for City Co-Sponsored Organization or individual participants ("Participant" or "Participants") in City Co-Sponsored Organizations, competing at the state or national level; (3) Matching grant support to City Co- Sponsored Organizations for facility improvement. 2 6. LESSOR IN KIND SERVICES. The Lessor agrees to provide maintenance of all major capital components of the leased premises including air conditioners, roof, painting, plumbing, and electrical, as well as all custodial maintenance for the portion of the Center to be used by the Lessee. In addition, Lessor will provide all utilities necessary for the operation of the Lessee's office, as well as clerical support and use of support equipment' (e.g., copy and fax machine) in the operation of official Clearwater For Youth business. Said clerical and equipment support shall be provided only for services benefiting City Co- Sponsored Programs and shall be subject to City's discretion. The Lessor shall not make any monetary contributions as a part of this agreement, however, in addition to the use of the Center by the Lessee, the Lessor agrees to help direct potential contributions of third parties and sponsorship solicitations to the Lessee, to help fund City Co- Sponsored Organizations as contemplated hereunder. The Lessor also agrees to provide assistance, subject to applicable law and policies of the Lessor, in developing a capital campaign program, similar to a "Pennies for Parks" program (as operated by Pinellas County), whereby financial resources are contributed to athletic sponsorships and programs via various sources such as through public contributions on utility bills. 7. CLEARWATER FOR YOUTH PROGRAMS AND USE OF FACILITY. a) Lessee Programs. All current Lessee programs, including, but not limited to, the Junior Tornado Football program, will become City Co-sponsored Programs and will execute a City of Clearwater Sports and Program Co-Sponsored Agreement, enjoying all rights therein. Said program shall receive financial support under this Agreement comparable to support provided for all City Co-sponsored Programs. The Junior Tornado Football program will enjoy use of the facilities at the Long Center, as they traditionally have and its City Co-sponsored Agreement shall be annually renewed unless terminated as provided therein. b) Rules for Use. Rules and regulations applicable to and governing the use of the Center by Lessee may be established by the Lessee, providing said rules and regulations are not in conflict or inconsistent with the ordinances, policies or operating rules of the Lessor, the Center, or this Agreement. c) General Adherence to City Ordinances. Notwithstanding any limitations implied by the provisions above, the Lessee promises to comply with all statutes, ordinances, rules, orders, regulations, and requirements of federal, state, county and City governments and their respective agencies applicable to the use and occupancy of the premises. Lessee will save Lessor harmless from fines, penalties, costs, expenses, or damage resulting from Lessee's failure to observe and perform the undertakings contained in this section. d) No Unlawful Use. The Lessee promises and agrees that it will make or allow no unlawful, improper or offensive use of the premises. Further, the Lessee understands and agrees that this provision specifically prohibits, among other acts, the sale, consumption or use of alcoholic beverages or controlled substances anywhere in, on or around the Center and those adjacent areas used by the Lessee. 3 e) Signage. The Lessee shall have an identification sign in the Center at the main entrance, according to the Clearwater City Code and procedures and with approval from the Lessor. 8. Payment of Fees and Taxes. The Lessee shall obtain all required licenses at its own expense and shall be responsible for all personal property taxes as may be assessed against the leased premises during the lease term, and shall promptly pay same when due. 9. Scheduled Reports of Lessee Activities: a) The Lessee shall furnish the City Parks and Recreation Department with an annual report of activities conducted and financial support distributed to Co-Sponsored Organizations or Participants under the provisions of this agreement within 60 days of the end of the Lessee's fiscal year. Each report is to identify the amount of support provided, number of clients served, the type of activities, projects and programs funded. 10. CREATION, USE, AND MAINTENANCE OF FINANCIAL RECORDS: a) Creation of Records: Lessee shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Lessee. Such records shall be available and accessible at all times for inspection, review, or audit by authorized Lessor representatives. Records must be made available in accordance with applicable law. 11. ASSIGNMENT OR SUBLEASE. This Lease may not be assigned by the Lessee. Any attempted assignment of the rights and obligations provided for herein shall be of no force or effect and shall upon such attempted assignment or transfer, render this Lease null and void. 12. ALTERATIONS AND IMPROVEMENTS. Any modifications or improvements to any portion of the Center to be used by the Lessee hereunder, must be approved in advance by the Parks and Recreation Director, to the extent that the Parks and Recreation Director has the authority to so approve, or by the Clearwater City Council. Any improvements shall become the property of the Lessor upon expiration or termination of this Agreement. 13. RISK OF LOSS. All personal property placed or moved in the premises shall be at the risk of the Lessee or owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying the premises or adjoining premises or any part of the premises adjacent to or connected with the premises hereby leased or any part of the building which the leased premises are a part or for any loss or damage resulting to the Lessee or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is due to the negligence of the Lessor, its agents, servants or employees. 14. RIGHT OF ENTRY. 4 The Lessor, or any of its agents, shall have the right to enter said premises, including the area designated for the Lessee's exclusive use hereunder during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof. Right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this Agreement. Lessor agrees to give reasonable notice to the Lessee before entry to their office area. 15. RESTORING PREMISES TO ORIGINAL CONDITION. Lessee represents that the premises leased are in good, sanitary and tenantable condition for use by Lessee. Lessee's acceptance or occupancy of the leased premises shall constitute a recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the beginning of this lease and agrees to return the premises to their original condition at the expiration of the term, excepting only reasonable wearand tear arising from the use thereof under this agreement. 16. INSURANCE. The Lessee shall independently procure at its own expense and maintain during the term of this Agreement insurance as shown below: a) A Comprehensive General Liability policy covering claims for injuries to persons or damage to property, which may arise from or in connection with use of the Center premises by the Lessee including all activities occurring thereon. b) Insurance procured in accordance with section 16 (a) shall have a minimum coverage limit of 500,000. c) Lessee shall at all times and at its expense maintain insurance against loss by fire or other casualty with extended coverage on any furniture, fixtures, inventory, equipment, supplies and personal property located in and on the premises, if applicable, and said policies shall include a standard waiver of subrogation against the Lessor. d) Worker's Compensation - Coverage to apply for all employees for statutory limits in compliance with applicable State and Federal laws. In addition, the policy must include Employer's Liability with a limit of Five-Hundred Thousand Dollars ($500,000.00). e) Each insurance policy issued as a requirement of this Agreement shall name the City of Clearwater as an additional named insured. The coverage shall contain no special limitations on the scope of protection afforded to the Lessor, its officials, employees, agents or volunteers. The Lessee shall provide a copy of any or all insurance policies upon request by the Lessor. The Lessee shall furnish the Lessor with Certificate(s) of Insurance with all endorsements affecting coverage required by this section. These forms shall be received and approved by the Director of Parks and Recreation before execution of this Agreement by authorized City officials. 5 17. LIABILITY AND INDEMNIFICATION. The Lessee shall act as an independent contractor and agrees to assume all risks of occupying the leased premises, or other use of the center as provided for hereunder, and all liability therefore, and shall defend, indemnify, and hold harmless the Lessor, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence or willful misconduct of the Lessor or Lessor's agents or employees. This includes, but is not limited to matters arising out of or claimed to have been caused by or in any manner related to the Lessee's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Lessee in or about the premises whether or not based on negligence. The above indemnification provision is not intended to apply to losses resulting from use of the facility by City Co-sponsored groups, which are separate legal entities from CFY, and which have Co-Sponsored Agreements with the City containing independent insurance and indemnification provisions. 18. NON-DISCRIMINATION: Notwithstanding any other provisions of this agreement during the term of this agreement, the Lessee for itself, agents and representatives, as part of the consideration for this agreement, does covenant and agree that: a) Nondiscrimination: Lessee agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider, except that programs may designate services for specific client groups as defined by the program guidelines. Lessee agrees to maintain access to handicapped persons in accordance with applicable law. b) Breach of Nondiscrimination Covenants: In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the Lessor shall have the right to terminate this agreement immediately upon the giving of notice, as the giving of notice is required herein. 19. SUBORDINATION. This lease and the rights of the Lessee hereunder are hereby made subject and subordinate to all bona fide mortgages or other instruments of security now or hereafter placed upon the said premises by the Lessor provided, however, that such mortgages and other instruments of security will not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The Lessee further agrees to execute any instrument of subordination, which might be required by mortgagee of the Lessor. 20. DEFAULT; REMEDIES; TERMINATION BY LESSOR. For Cause: Failure to adhere to any of the provisions of this Agreement by the Lessee shall constitute cause for termination. Such termination shall be noticed in writing and the Lessee shall have 30 days to remedy the default. For Municipal Purpose: In addition to the right to terminate for cause, the Lessor may terminate this Agreement in the event it determines that the Leased Premises is required for any 6 other municipal purposes by giving sixty (60) days written notice of such intended use, following which this Agreement shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except that Lessee shall be responsible for full payment of all costs and expenses resulting from the operation of the Leased Premises which remain unsatisfied, together with any other monies due in accordance with this Agreement, pro rata to the date of termination. In the event of termination in accordance with a municipal need as described herein, the Lessor represents that it will make its best effort to make available to the Lessee, facilities comparable to that currently enjoyed by the Lessee in exchange for comparable financial support. Additonally, the Parties hereto acknowledge that that certain Agreement between the City, The Long Center Foundation and Pinellas Community Center, Inc., dated October 1,2003 (the "Transfer Agreement"), which transferred title to the Long Center building, among other things, contemplated that the Lessor (City) would enter into a lease agreement with Clearwater For Youth. The new lease was to contain the same terms and conditions of the lease agreement between the Foundation and CFY, that existed at the inception of the Transfer Agreement (the "Original CFY Lease"), unless the City and CFY agree to revised terms. The Parties have mutually agreed to amend those terms and conditions to provide additonal benefits to CFY under this Lease, in exchange for an additional contribution of One Hundred Thousand dollars ($100,000) every five years, to City Co-sponsored athletic groups. In addition, the Transfer Agreement shall be amended concurrently to state that in the event this Lease is terminated for other than cause, and the City fails to provide comparable facilities to CFY at the Long Center, the Two-Hundred Thousand dollar ($200,000) annual subsidy provided by the Foundation under the Transfer Agreement, shall terminate. 21. ARBITRATION OF CONTROVERSY Any controversy or claim arising out of or relating to this agreement, or the breach of this agreement, shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. We further agree that any such controversy or claim shall be submitted to three arbitrators selected from the panels of arbitrators of the American Arbitration Association. There shall be three arbitrators, one named by each of the Parties within twenty (20) days after the demand for arbitration is made and a third to be chosen by the two named. Should either party refuse of fail to join in the appointment of the arbitrators, the arbitrators shall be appointed in accordance with the provisions of the commercial arbitration rules. Costs resulting from arbitration shall be divided evenly between the Parties. 22. MISCEllANEOUS. a) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee, as permitted hereunder. b) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. 7 c) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. d) It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. 23. RADON GAS NOTIFICATION, AS REQUIRED BY FLORIDA STATUTE 404.056(8) IS TO BE INSERTED IN ALL CONTRACTS FOR SALE, PURCHASE OR RENTAL OF REAL PROPERTY. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 24. NOTICE Any notice required or permitted to be given by the provisions of this Agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), when actually received or on the fifth (5th) business day after the day on which such notice is mailed and properly addressed, whichever is earlier. a) If to Lessor, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL 33758. b) If to Lessee, addressed to Clearwater for Youth, 1501 North Belcher Road, Suite 236, Clearwater, FL 33765. 25. SEVERANCE. The invalidity or unenforceability of any portion of this lease shall In nowise affect the remaining provisions and portions hereof. 26. CAPTIONS. The paragraph captions used throughout this lease are for the purpose of reference only and are not to be considered in the construction of this lease or in the interpretation of the rights or obligations of the parties hereto. 27. NO HAZARDOUS MATERIALS. The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only 8 upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable state and federal'aws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this lease. This provision shall specifically survive the termination hereof. 28. ATTORNEY'S FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 29. GOVERNING LAW. The laws of the State of Florida shall govern this Contract; any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. AS TO LESSEE: CLEA~WATl;R. :OR ~:UT; ., By: -i/Z /~ Charles "Trip" W ver, President By: AS TO LESSOR: Countersigned: CITY OF CLEARWATER, FLORIDA j< ./I#~ nk V. Hibbard, Mayor By:&jl~~"7r William B. Horne II, City Manager Approved as to form:Attest: . ski, Assistant City AttorneyLauraLi 9 ACKNOWLEGMENT OF THE LONG CENTER FOUNDATION ON BEHALF OF ITSELF AND THE FOLLOWING ENDOWMENTS: FISHER ENDOWMENT SUNSHINE PLAYGOUND ENDOWMENT F'NANCIAL STABILITY ENDOWMENT LONG CENTER ENDOWMENT H.E. "Z'P" LONG ENDOWMENT By:~:i5;;4~ Printed Name: ;::";f€/)Ul! {"Ie F;?ls II!::,-/? LONG CENTER FOUNDATION, INC. Attest: By: Printed Attest: By: Printed Name: 10 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0009 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve Second Amendment to Lease Agreement between Clearwater Golf Club, LLC and the City of Clearwater to increase the length of the Agreement by ten years, from May 1, 2011 through April 30, 2041, set a schedule to complete additional improvements to the course by the Club, and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 26, 2011, the Council approved a 20-year Agreement between Clearwater Golf Club, LLC. (Club) and the City for the operation of the property known as the Clearwater Country Club, including an annual lease payment of 3% of gross revenue, and improvements to the course totaling approximately $1.1 million dollars. Staff has found that the Club’s performance to be excellent including adhering to all terms and provisions of the current Agreement including the improvements to the course of approximately $1.1 million. Some of the capital investments included renovation of the irrigation systems, bunkers, greens, drainage, parking lot, on course restrooms, clubhouse dining and public areas, mechanical systems in the building and construction and replacement of two pedestrian bridges, a new maintenance building and the purchase of new modernized maintenance equipment. The City and Club have determined that additional capital improvements of approximately $1.2 million are needed to convert the tees, driving range and fairways to a different grass variety which is easier to maintain, more drought tolerant requiring less water; replace the cart paths; provide capital maintenance to the parking lots, pedestrian bridges, HVAC system, and clubhouse. Staff recommends amending the current agreement to allow the Club an additional ten years for the improvements they are making to the club. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 1/12/2022 SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT (“Second Amendment”) is made and entered into on this _____ day of _______________, 2022, by and between the City of Clearwater, Florida (“City”), a municipal corporation of the State of Florida, whose address is Attn: Parks & Recreation Director, Post Office Box 4748, Clearwater, Florida 33758-4748; and the Clearwater Golf Club, LLC (“Club”), a Florida Limited Liability Corporation, whose address is 525 Betty Lane North, Clearwater, FL 33755, (each individually referred to herein as “Party” or collectively as the “Parties”). WHEREAS, the Parties entered into the Lease Agreement (“Lease”) on April 26, 2011, wherein the City leased the Clearwater Country Club (“Leased Premises”) to the Club for the Club to oversee operations and maintenance of the Golf Course. WHEREAS, the Parties entered into the First Amendment to Lease Agreement on November 20, 2012 to amend the insurance obligations of the Parties. WHEREAS, the Club has been faithful to comply with all of the provisions of the Lease. WHEREAS, since 2011, the Club has invested more than $1,000,000.00 in upgrades and improvements to the Golf Course property and buildings in accordance with the Lease. WHEREAS, the Club has created a much-improved asset for the City and provided excellent golfing and recreational opportunities and programs for residents and visitors to Clearwater. WHEREAS, additional upgrades and improvements are needed to the Leased Premises during the next several years. WHEREAS, the Club is willing to make the additional upgrades and improvements, estimated to be $1,200,00.00, and in exchange for those additional upgrades and improvements, the City is willing to extend the Lease for an additional 10 years. WHEREAS, the additional upgrades and improvements include the conversion of the grass on the tees, driving range, and fairways to Platinum Paspalum; replace the cart paths; provide capital improvements to the parking lots, pedestrian bridges, HVAC systems, and clubhouse. These additional upgrades and improvements are in the public interest, necessary to maintain the City property asset, and beyond the normal routine maintenance obligations of the Club. WHEREAS, the Parties desire to amend the Lease to provide for these additional upgrades and improvements and extension of this Lease. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties agree as follows: 1. Section 1. RECITALS, GRANT OF LEASE, TERM DESCRIPTION is hereby amended as follows: 1. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. That for and in consideration of the covenants to be kept and maintained by the Club and the mutual benefit to the parties, the City does hereby lease and let unto the Club, its successors and assigns, subject to the terms and conditions hereinafter set forth, that certain real property located in the City of Clearwater, Florida, more particularly described in Exhibit "A" (“Golf Course Parcel”) and Exhibit “B” (Clubhouse Parcel”) attached hereto and incorporated hereby by reference. The term of this lease shall be for a period of thirty (30) twenty (20) years, commencing May 1, 2011 and ending April 30, 2041 2031, unless sooner terminated by the provisions hereof. 2. Section 5. CAPITAL IMPROVEMENTS is hereby amended as follows: 5. As a condition precedent to the continuation of this lease, and the right of the Club to remain in occupation of the Leased Premises, the Club shall construct the following upgrades to the course, clubhouse and support facilities during the term of this lease in accordance to the schedule as noted: a) During the first year of this lease the Club, at its sole expense will: 1) Renovate the irrigation systems, pumps, motors, OSMAC to bring it up to first class golf course standards. Approximate value of $100,000. 2) Renovate all bunkers and greens to improve drainage. Approximate value of $50,000. 3) Renovate the driving range to include new landscaping, sod and artificial turf. Approximate value of $50,000. 4) Renovate parking lot to include new landscaping and resurfacing. Approximate value of $50,000. b) During the second year of this lease the Club, at its sole expense will: 1) Renovate Clubhouse including dining and public areas. Approximate value of $175,000. 2) Renovate and upgrade mechanical system for all buildings. Approximate value of $160,000. c) During the third year of this lease the Club, at its sole expense will: 1) Replace two pedestrian bridges. Approximate value of $75,000. 2) Replace and renovate cart paths. Approximate value of $75,000. 3) Construct new maintenance building of 5,000 sq. ft. Approximate value of $175,000. d) During the fourth year of this lease the Club, at its sole expense will: 1) Renovate or replace restrooms on course. Approximate value of $40,000. 2) Upgrade course maintenance equipment. Approximate value of $200,000. e) During the twelfth to sixteenth years of this lease, the Club, at its sole expense will: 1) convert the grass on the tees, driving range, and fairways to Platinum Paspalum; replace the cart paths; provide capital improvements to the parking lots, pedestrian bridges, HVAC systems, and clubhouse. Approximate value of $1,200,00.00. All such renovations and construction shall be made in accordance with plans submitted to and approved by the City. Said plans shall be submitted with reasonable time to allow for the City’s review. Failure to complete the renovations as planned shall be a material breach of this Lease for which the City may immediately terminate the Lease and re-enter the property in accordance with Florida law. 3. All other terms and conditions of the Lease shall remain in full force and effect. [Remainder of Page Left Blank Intentionally] IN WITNESS WHEREOF, the Parties have executed and delivered this Second Amendment the day and year first above written. CLEARWATER GOLF CLUB, LLC _______________________________ Printed Name: ___________________ Chief Executive Officer Countersigned: CITY OF CLEARWATER, FLORIDA ______________________________ ______________________________ Frank V. Hibbard Jon P. Jennings Mayor City Manager Approved as to form: Attest: ______________________________ ______________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk r LEASE AGREEMENT THIS LEASE, made and entered into this,90 day of 6Dc.Q_ , 2011, by and between the CITY OF CLEARWATER, a municipal corporation of the State of Florida, hereinafter called the "City", whose address is Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, Florida 33758-4748, and THE CLEARWATER GOLF CLUB, LLC., a Florida limited liability corporation, hereinafter called the "Club", whose address is 525 Betty Lane North, Clearwater, Florida 33755. WHEREAS, the City owns the golf course located at 525 Betty Lane North, Clearwater, known as the Clearwater Country Club ("Leased Premises"); and WHEREAS, the City desires to lease out the operation and maintenance of the course to a third party for the recreational enjoyment and benefit of Clearwater citizens and the general public; and WHEREAS, Clearwater Golf Club, L.L.C. is in the business of operating golf courses and has demonstrated success in doing so. NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained hereinafter, the parties hereby agree as follows: RECITALS, GRANT OF LEASE TERM DESCRIPTION 1. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. That for and in consideration of the covenants to be kept and maintained by the Club and the mutual benefit to the parties, the City does hereby lease and let unto the Club, its successors and assigns, subject to the terms and conditions hereinafter set forth, that certain real property located in the City of Clearwater, Florida, more particularly described in Exhibit "A" ("Golf Course Parcel") and Exhibit "B" (Clubhouse Parcel") attached hereto and incorporated hereby by reference. The term of this lease shall be for a period of twenty (20) years, commencing May 1, 2011 and ending April 30, 2031, unless sooner terminated by the provisions hereof. LEASE/SUB-LEASE NOT ASSIGNABLE WITHOUT CONSENT 2. It is expressly agreed between the parties that this lease shall not be assignable to any other person, firm or corporation without the express written consent of the City, which consent may be granted or denied in the sole discretion of the City. It is expressly agreed between the parties that any sub-lease of the building or property be approved by the City, which consent may be granted or denied in the sole discretion of the City. USE AS PUBLIC GOLF COURSE 3. It is understood between the parties that the real property, which is the subject of this lease, will not be used in any manner other than as a public golf course, banquet and restaurant facility. CLUB COVENANTS TO KEEP AND MAINTAIN A GOLF COURSE 4. The Club covenants that it will keep and maintain upon the real property an 18 hole golf course and clubhouse, together with incidental improvements and will use, occupy and make available, as herein contemplated, such premises as a golf course and related facilities for pleasure, recreation and other purposes consistent with such golf course operation. During the term of the within lease and any extensions thereof, such golf course shall be operated and the facilities shall be open for usage during the normal hours of operation of the same or similar facilities in the area; provided, however, that at reasonable times portions of such course may be closed for necessary repair and/or reconstruction and/or maintenance. CAPITAL IMPROVEMENTS 5. As a condition precedent to the continuation of this lease, and the right of the Club to remain in occupation of the Leased Premises, the Club shall construct the following upgrades to the course, clubhouse and support facilities during the term of this lease in accordance to the schedule as noted: a) During the first year of this lease the Club, at its sole expense will: 1) Renovate the irrigation systems, pumps, motors, OSMAC to bring it up to first class golf course standards. Approximate value of $100,000. 2) Renovate all bunkers and greens to improve drainage. Approximate value of $50,000. 3) Renovate the driving range to include new landscaping, sod and artificial turf. Approximate value of $50,000. 4) Renovate parking lot to include new landscaping and resurfacing, Approximate value of $50,000. b) During the second year of this lease the Club, at its sole expense will: 2 1) Renovate Clubhouse including dining and public areas. Approximate value of $175,000. 2) Renovate and upgrade mechanical system for all buildings. Approximate value of $160,000. c) During the third year of this lease the Club, at its sole expense will: 1) Replace two pedestrian bridges. Approximate value of $75,000. 2) Replace and renovate cart paths. Approximate value of $75,000. 3) Construct new maintenance building of 5,000 sq. ft. Approximate value of $175,000. d) During the fourth year of this lease the Club, at its sole expense will: 1) Renovate or replace restrooms on course. Approximate value of 40,000. 2) Upgrade course maintenance equipment. Approximate value of 200,000. All such renovations and construction shall be made in accordance with plans submitted to and approved by the City. Said plans shall be submitted with reasonable time to allow for the City's review. Failure to complete the renovations as planned shall be a material breach of this Lease for which the City may immediately terminate the Lease and re-enter the property in accordance with Florida law. CURRENT MEMBERSHIPS 6. Any golf memberships existing at the inception of this Lease shall be honored until such time as said membership naturally terminates by expiration or as otherwise provided for in accordance with the membership's original terms and conditions. AVAILABILITY OF GOLF TO THE PUBLIC 7. The Club, in its operation of the course shall, at all times, subject to reasonable rules and regulations common to other similar facilities in the area, make such course available to the public who are not paid members of the Club upon payment of reasonable green fees. The Club will, at all times, conduct its operation in such a manner as will be conducive to greens fee play and will undertake any and all reasonable acts to insure that the public is aware that such course is available for greens fee play and will make reasonable efforts to see that the prevailing atmosphere at the Club will be such that greens fee players will feel welcome to use the facility. The provisions of this paragraph shall be a material part of this lease. 3 GREENS FEE PLAYERS RIGHTS AND OBLIGATIONS 8. The City recognizes the right of the Club to require greens fee players to comply with rules and regulations as prescribed for members. Failure of greens fee players to comply with established rules and regulations may, at the discretion of the Club management result in loss of playing privileges. Any complaints resulting from a loss of playing privileges or relating to play by greens fee players shall be referred to the City's Director of Parks and Recreation for appropriate review and action. CLUB FACILITIES AVAILABLE TO GREENS FEE PLAYERS 9. The Club agrees to make the Clubhouse food, drink and restroom/locker room facilities available to greens fee players on the day of play to the same degree that such facilities are available to Club members. Greens fee players will be charged for food and beverages on the same basis as members are charged and shall be treated as a member for the day of play during the hours that the appropriate facilities are open. Nothing in this provision shall give any non-member use of the Club facilities for social events or entitle any such person to the use of the available facilities after the course has been closed for play. The Club agrees to make Clubhouse and facilities described herein available to the City for City sponsored events, based upon availability. USE AND CARE OF PREMISES 10. The Club covenants and agrees that it will, at all times, keep, maintain and operate such course and the facilities thereon, or in any way connected therewith, in a good and prudent manner to the end that such course shall be kept in good, playable condition. The Club agrees to keep and maintain reasonable standards and condition of the course generally in substantially the same condition as similar facilities in accordance with accepted golf industry standards; that it will keep and maintain, in good repair, all permanent improvements, such as buildings, and water systems, including the making of necessary replacements and/or repairs even though the making of such repairs and improvements shall extend the life of such facility or facilities beyond the expressed date of this lease. Club and City Parks and Recreation Director shall meet as needed to review the scheduling and progress, and any other matters related to the capital improvement program set out herein, to be implemented by the Club. The City reserves the right, in its sole discretion, to make such capital improvements as it deems necessary or beneficial to preserve its asset or to serve its constituency, however, the City shall have no obligation whatsoever to do so. 4 11. [This paragraph intentionally deleted.] NO PERMANENT COURSE LAYOUT CHANGES WITHOUT WRITTEN CONSENT OF CITY 12. The Club covenants and agrees that no permanent change in the layout of the course shall be made except with the express written consent of the City, which the City may grant or withhold in its sole discretion. All duties of construction, repair, alteration or maintenance imposed by this lease are and shall be separate expenses of the Club and shall never directly or indirectly be chargeable to the City nor in any way be a mechanic's or materialmen's lien or charge upon any lands. In the instance that a mechanic's or materialmen's lien is placed on the Leased Premises in violation of this provision, the Club shall cause such lien to be discharged within thirty (30) days or the City may declare a material breach of the Lease, terminate the Lease, or seek other security (monetary or otherwise) from the Club to satisfy the lien. LEASE MAY BE RECORDED TO PROTECT CITY AGAINST LIENS 13. This instrument may be recorded in the public records of Pinellas County, Florida, and all persons, firms or corporations whomsoever are called upon to take due notice of these limitations and the superior rights of the City herein. NO PERMANENT STRUCTURES TO BE REMOVED 14. No permanent structure, once constructed, shall be removed from the premises or materially altered except with written consent of the City and all persons, firms or corporations are expressly called upon to take due notice of the requirements of this lease. CITY RESERVED RIGHT TO DRAINAGE, UTILITY LINES, ROADS, ETC. 15. The City, on its own behalf, and on behalf of other applicable governmental agencies, reserves at all times during the term of this Lease or any extension or renewal thereof the continuing right to utilize any portion of the leased premises for drainage, laying and maintaining utility lines or facilities, including roads, railroads, or other necessary rights of way, provided, nevertheless, the City shall use its best efforts to adopt such route or routes as will be reasonable and economically feasible to minimize interference with the purposes of this Lease. 5 BANKRUPTCY OR DEFAULT, CITY HAS OPTION TO TERMINATE 16. Should the Club hereinafter be adjudged bankrupt or become insolvent or in any other way be financially unable to keep the covenants of this Lease, the City may at its option, terminate the lease, as though for breach of any other covenant, and re-enter and re-take the Leased Premises. CLUB WILL PERFORM ITS OBLIGATIONS 17. The Club, in the performance of the covenants contained in this lease, shall at all times do or perform such acts or actions as shall be reasonably required by the context of this lease to fully perform its obligations hereunder, and shall, conversely, refrain from doing or permitting to be done any acts or actions which would jeopardize either its performance or ability to perform the covenants contained herein or the payment of rentals contemplated by the parties. RENTAL 18. Commencing May 1, 2011, the Club shall pay annually to the City, as rental for the premises and the City agrees to accept three percent (3.00%) of the gross revenues plus applicable sales tax, and any other taxes applicable to the Club's occupancy, such as personal property taxes or ad valorem taxes. The term "Gross Revenues" as used in this Lease is defined as the total amount of actual gross revenues received by the Club, its assignees, subtenants, concessionaires or licensees as applicable) for all merchandise sold or services performed in or from the Leased Premises, whether for cash or other consideration or on credit; excluding discounts or allowances made to customers for which no payment is received by the Club and the amount of any tax payable by reason of such sales or service under applicable tax law, which taxes are billed as a separate item by the Club to the purchaser. Gross Revenues shall include, but not be limited to: golf and social membership dues and initiation fees; green fees; cart fees; food, beverage, and merchandise sales; clubhouse rental; and any other revenues. Said rental payment shall be continued in the same amount unless modified in writing by the parties following extension negotiations. The said rental payments shall be paid to the City not later than thirty (30) days after the close of the Club's fiscal year, which payment shall be pro-rated as necessary in the first year. The disposition of remaining funds will be at the discretion of the Club. PROPERTY OWNERSHIP -- PERSONAL AND REAL AND OPERATION AND MEMBERSHIP REQUIREMENTS 19. Facility and Personal Property Ownership. The City shall at all times retain ownership of the Facility, including but not limited to real estate, fixtures, furniture, all personal property existing on the Premises as inventoried at the inception of this 6 Agreement as City Property ("City Property"), attached hereto as Exhibit "C", including any and all improvements made during the term of this Agreement. Club shall report to City any purchases of equipment which become City Property during the Lease Term expensed, costing in excess of One Thousand Dollars ($1,000.00) and which have a useful life in excess of one year. Such items shall be tagged as fixed assets in accordance with, and as required by Florida law. The City retains the right, at all times, and upon expiration of this Agreement, to inventory all assets of the facility upon reasonable notice. The Club shall notify the City of such purchases and as to any losses of City Property. The City Property shall remain the property of the City and shall be returned to the City when no longer needed for the operation of the Facility. Club to secure and provide golf carts and lawn maintenance equipment. The Parties hereto expressly agree that it is the sole responsibility of the Club to secure and provide a fleet of golf carts sufficient for operations and lawn equipment sufficient for the appropriate maintenance levels of the Golf Course. Facility Funding. The Facility shall be funded as follows. The Club shall pay all items of expense for the operation, maintenance, supervision and management of the facility. The City shall not be responsible for any contribution or expenses related to, or resulting from the operation of the golf course, related facilities or costs or expenses otherwise arising out of this Agreement. Other than as expressly provided for herein, in no instance shall the City incur expenses or provide a subsidy to the Club. In the case of operating losses, the Club shall pay for and absorb all losses. If in any instance, payment is demanded of the City or the City must make payment for operating expenses in order to preserve its Property, the City shall have the absolute right to recover such expenses from the Club, including all rights and remedies as provided by law. Fiscal Responsibility/Reporting. The Club agrees to maintain separate and independent records in accordance with generally accepted accounting principles, devoted exclusively to the operations in connection with its management of the Facility. Such records shall contain all entries reflecting business operations of the Club under this Agreement. The City is authorized and shall have the right to audit and inspect such records from time to time during the Term, upon reasonable notice to the Club and during the Club's normal business hours. Sales taxes, permits and licenses. The Club shall be responsible for the payment of all appropriate sales taxes to conduct activities on the Golf Course property. The Club shall be responsible for all permits and licenses necessary for conduct of the sales activities or any permission to conduct activities at the Facility, including health department or other regulatory agency approvals. Any violation of the licensing requirements, health requirements or any other requirements of any other regulatory or law enforcement agency shall be deemed sufficient cause to create a default hereunder, which default must be remedied within a reasonable time using all due diligence by the Club. In addition, Club shall pay to governmental agencies all 7 applicable ad valorem taxes, usage fees, taxes of any kind or other charges or monetary impositions on the Golf Course Property and does hereby fully save and hold harmless and indemnify the City for the payment thereof. Agreement Monitoring. Each Party shall appoint a contract administrator to which all applicable reporting shall be made, and who shall monitor the party's compliance with the terms of this Agreement. The Contract Administrators are as follows. Nancy Oakley City of Clearwater 100 Myrtle Street Clearwater, Florida 33756 Mr. Greg McClimans 525 N. Betty Lane Clearwater, Florida 33755 Memberships/Facilities. The Club agrees to operate the Clubhouse and related facilities located on the properties described in Exhibit "B" as a private facility subject to the right of greens fee players to use the food, beverage, and rest room facilities during the day such players are using the course as further outlined hereinafter. The Club covenants that membership in the Club, either social or golfing, will be made available to the public. The Club, however, in accepting applications for membership and admitting a member will be subject to the following guidelines and restrictions: a) For golfing and social membership, priority on a waiting list shall be given to residents of the City who are applicants. If no City resident is on the waiting list for an available membership, the said membership may be offered to the general public. b) Membership shall be without discrimination based on race, religion, sex, age or national origin or other category or class of persons prohibited by law. c) The Club's By-Laws will conform to these membership requirements and such By-Laws shall be continued during the term of this lease. d) A violation of these covenants by the Club shall constitute a material default under the terms of this lease. INSURANCE, INDEMNIFICATION AND HOLD HARMLESS 20. The Club agrees to indemnify and hold the City and its employees harmless from and against any and all claims, demands, and causes of action or lawsuits of whatever kind or character arising directly or indirectly from this agreement or the performance hereof, or its occupancy of the Leased Premises. This indemnity clause includes, but is not limited to, claims, demands, and causes of action or lawsuits for damages or injuries to goods, wares, merchandise and property and for any bodily or personal injury or loss of life in, upon or about the property. This provision shall survive termination of this Agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under this Agreement. The City shall have the right, at its option, to participate in the control of any defense of any third party claim without relieving the club of any of its obligations hereunder. The Club shall obtain at its own expense, and maintain during the term of this agreement, the insurance coverages set forth below: 1) Property Insurance - Real property including improvements or additions shall be insured. a. Form - All Risk Coverage - Coverage shall be no more restrictive than that afforded by the latest edition of Insurance Services Office forms CF0011, CF0013, CF0420, and CH 210. If available, sinkhole insurance is to be included. If the provisions of the Club's All Risk Coverage do not include sinkholes and the unavailability of such coverage is verified by the City's insurance consultants, the Club shall be deemed to be in compliance with this paragraph. b. Amount of Insurance - The amount of coverage shall be the full insurable value on a replacement cost basis. c. Flood Insurance - When building or structures are located within an identified special flood hazard area, flood insurance shall be provided for the total insurable value of such buildings or structures or the maximum of flood insurance coverage available under the National Flood Insurance Program, whichever is less. 2) Boiler and Machinery Insurance - If the buildings or structures include boiler(s), pressure vessel(s), or air conditioning/heating equipment, the Club shall maintain comprehensive insurance covering loss on the property included liability for damage to property of others. a. Repair and Replacement. b. Amount of Insurance - $1,000,000.00 per accident 3) Comprehensive General Liability - Coverage shall be afforded on a form no more restrictive that the latest edition of the Comprehensive General Liability policy filed by the Insurance Services Office and shall include: a. Minimum limits of $1,000,000.00 per occurrence combined single limits for bodily injury liability, personal injury, and property damage liability. 9 b. Premises and Operation. b. Independent Contractors. C. Products or Completed Operations. d. Personal Injury Coverage with employees and contractual exclusions removed. e. Liquor Law Liability, if applicable. f. Golf carts or other golfing appurtenances not owned by the Club but brought onto the property by others. 4) Business Auto Policy - Coverage shall be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and shall include: a. Minimum limits of $1,000,000.00 per occurrence combined single limits for bodily injury liability and property damage liability. b. Coverage on all vehicles (owned, hired, and non-owned). 5) Workers Compensation - Coverage shall apply for all employees for statutory limits in compliance with the applicable State and Federal laws. In addition, the policy shall include employer's liability with a limit of $500,000.00 for each accident. If the self-insured status of the Club is approved by the State of Florida, the City agrees to recognize and accept such status upon proof of such approval. 6). Personal Property - The City shall not insure or self-insure loss to personal property of the Club. The Club understands that it is solely responsible for such losses regardless of cause. Other Requirements. 1) The City shall be named as an additional insured on all insurance policies required under this agreement. 2) Copies of insurance certificates for all insurance required by the agreement, and copies of all insurance policies covering insurance required by this agreement, shall be furnished to the City Clerk of the City prior to the use of the property. 10 3) Not less than sixty (60) days notice of cancellation or restricted modifications of any insurance policy providing the coverage required by this agreement shall be required on all insurance policies. COMPLIANCE WITH EXISTING LAWS AND REGULATIONS 21. The Club agrees that in its use and occupancy of the leased property it will comply with all applicable laws, rules, regulations and ordinances of every governmental body or agency whose authority extends to the leased property or to any operations conducted upon the leased property, whether or not such laws, rules, regulations or ordinances are mentioned herein. ACCOUNTING, CLUB TO SUPPLY AUDIT BY C.P.A. 22. The Club agrees at all times to keep and maintain accurate records of all business transactions and sales made in and from the Leased premises and to allow City, at all times during reasonable business hours, through the City's duly authorized agent, attorney, or accountant, to inspect and make copies of all business records to insure stewardship of City property and in order to comply with law, specifically, Chapter 119, Florida Statutes. The Club agrees that in determining the cash rental payment to be paid hereunder, and for purposes of auditing and assurance of the proper stewardship of the City asset, it shall at least annually, in each year of the term of this lease, at its own cost, furnish to the City a complete audit of its operations, prepared by a Certified Public Accountant, together with such interim accounts as may from time to time be requested. Such annual statement shall be furnished within thirty (30) days after the end of the Club's fiscal year. The Club shall further submit to the Parks & Recreation Director an annual report of course operations. RIGHT OF ENTRY BY CITY 23. Agents of the City shall be afforded the right at all reasonable times to enter upon the leased property for the purpose of inspecting and/or preserving the leased property and the Club's other facilities. OBLIGATION TO PAY TAXES 24. The Club agrees to pay any federal, state or local taxes which may be levied on the property or any improvements or uses placed thereon, but it is agreed that the uses herein serve a public and municipal purpose and the parties do not waive any exemptions permitted by law. NO ENCUMBRANCE ON LEASED PROPERTY AND WRITTEN CONSENT OF CITY NECESSARY FOR ANY CHANGES TO PROPERTY 11 25. The Club shall not enter into any loan, mortgage or other agreement obligating any portion or all of the Leased Premises thereby creating debt or encumbrance on the Leased Property or related facilities. This covenant is a material condition to the City entering into this Lease. Club must get City approval which shall not be unreasonably withheld to remove, demolish, remodel or replace any building or other structure on the leased land or land owned by the Club. In no instance shall the Club remove City-owned personal or other property from the Leased Premises. CLUB'S RIGHT TO CURE ANY ALLEGED DEFAULT WITHIN 30 DAYS OF WRITTEN NOTICE 26. A default in the performance of a promise, covenant, or obligation shall constitute a breach of this lease; provided, however, that such default shall not constitute such breach as to terminate this lease until and after the Club fails to cure or to take reasonable measure to cure such default within thirty (30) days after written notice of default has been served upon the Club. This cure period may be extended should said cure require more than thirty (30) days, so long as the Club initiates the cure within the thirty (30) day cure period and pursues diligently to completion. The City may re-enter and take possession of the Leased Premises immediately if said Default is not cured within the time provided, and take any action deemed necessary, in the City's sole discretion, in order to preserve its assets, including the appointment of a third party operator TERMINATION 27. City may terminate this lease with thirty (30) days written notice to the Club if Club violates any provision of this lease or fails to cure any alleged default. City may also terminate this lease for any municipal purpose consistent with City Charter by giving one (1) year written notice to Club. HOLDOVER AFTER TERMINATION ON MONTH TO MONTH BASIS 28. If the Club, with the consent of the City, continues in possession of the leased property after expiration of the term of this lease, then the Club will be deemed to be holding the leased property on a month to month tenancy subject to all of the other provisions of this lease, but such tenancy by sufferance of the Club shall not be construed as a waiver of any right hereunder conferred upon the City. FAILURE TO ACT BY CITY NOT A WAIVER 12 29. Failure of the City to insist upon performance of any covenant hereunder shall not be deemed to be a waiver of the right to insist upon full performance at any subsequent time. AMENDMENTS MUST BE IN WRITING 30. Any additions or modifications to this lease shall be in writing and shall be executed by both parties and no oral agreement shall be effective to change or modify the terms of this lease. RADON GAS 31. In accordance with the provisions of Section 404.056(5), Florida Statutes 1989), as amended, the Club is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from you County public health unit. DAMAGE OR DESTRUCTION OF PREMISES 32. In the event of partial or total destruction of the Leased Premises, the City may, at its option, make such repair as necessary within ninety (90) days (or longer should said repair require a longer timeframe, so long as said repair is initiated within ninety (90) days and diligently pursued to completion), in which case the Lease shall remain in full force and effect and the Club shall be entitled to a proportionate reduction in rent while the repairs are being made. If the City does not elect to make repairs, the Lease may be terminated by either party. CONDEMNATION 33. If the whole or any part of the Leased Premises shall be taken by any lawful authority under the power of eminent domain, then this Lease shall thereupon terminate and the Club shall be liable for rent only up to the date of such taking. NOTICES 34. All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, as set out above, or when hand delivered or delivered as evidenced by receipt by overnight courier. HAZARDOUS MATERIALS 13 35, The Club represents to the City that to the best of its knowledge at the commencement of this Lease, the Golf Course Property is in compliance with all federal, state and local laws, regulations and standards relating to the use, occupancy, production, storage, sale, disposal or transportation of any hazardous materials, including oil petroleum products or their derivatives, solvents, PCB's, explosive substances, asbestos, radioactive materials or waste and any other toxic, ignitable, reactive corrosive, contaminating or polluting materialism ("Hazardous Substances"), which are now subject to any governmental regulations. The Club shall promptly give the City written notice of any investigation, claim, demand, lawsuit or action by any governmental or regulatory agency or private party involving the Golf Course Property and any hazardous substances or environmental law of which the Club has actual knowledge. If the Club learns, or is notified by any governmental or regulatory authority that any removal or other remediation of any hazardous substance affecting the Golf Course Property is necessary, the Club shall promptly take all necessary remedial actions in accordance with applicable environmental laws. The Club shall remain responsible for all liabilities, damages, claims, penalties, fines, settlements, cause of actions, cost or expense, including reasonable attorney's fees, environmental consultant fees and laboratory fees and costs and expenses of investigating assigned to it under Florida Statutes, Federal Statutes or administrative regulations, or local law resulting from or attributable to: a. The presence, disposal, release or threatened release of any hazardous substance that is on, from or effecting the Golf Course Property, including the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise; or b. Any personal injury, including wrongful death, or property damage, real or personal arising out of or relating to the hazardous substance; or c. Any lawsuits or administrative action brought or threatened, settlement breached or governmental order relating to the hazardous substance; or d. Any violation of any laws applicable to the hazardous substance, for which the Club is responsible under this paragraph. The City shall have the same obligations as set forth herein for the Club regarding any hazardous substances that it brings upon the Golf Course Property. The Club and the City's obligations under this paragraph shall survive the expiration or termination of this Lease. It is the intent of the parties to this Lease to provide a mutuality of obligation regarding hazardous substances or hazardous wastes brought upon the Golf Course Property or discharged from the Golf Course Property and it is the intent of this paragraph that the 14 responsible party shall be totally responsible for the remediation action appropriate arising from hazardous substances that it brings upon the property. Nothing herein shall waive any of the sovereign immunity protection of the City as set forth in Section 768.28 F.S. nor give any third party any rights hereunder. VENUE 36. Venue. The sole venue for any litigation arising from the tems of this Lease shall be exclusively in the Circuit Court of Pinellas County, Florida. BINDING EFFECT 37. This Lease shall be binding upon the parties hereto and upon all persons deriving title by, through or under the said parties and upon their assigns and successors. SOVEREIGN IMMUNITY 38. Nothing in this Agreement shall waive or diminish the City's sovereign immunity. Nothing in this Agreement shall extend the City's liability beyond the limits established in Section 768.28 Florida Statutes or any of the liability limits set forth in Florida Statutes. Nothing herein shall be construed as consent by either party to be sued by third parties in any matter arising out of this Agreement. No third party shall have any rights or obligations pursuant to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CLEARWATER G F CLUB, LLC CITY OF CLEARWATER B B .3 I reg McClimans, President William B. Horne, II City Manager r By: By: Rebe ca McClimans, Secretary/Treasurer Frank V. Hibbard Mayor rye ATTEST: kz,m 0 q - Rosemarie Call 15 City Clerk o form: ?, ? A? Laura Lipowski Mahony Assistant City Attorney 16 0 0 l:x)111111? A Tic Ilurtlie:?:st 1/4 of tuo Soulhcasst 1/4 of 'Section 10, Tuwnship 29 $ohtl?, Rant;e 15 Lind, less L'Ise 11csL 5 feet, lase rise North 15 feet, less -the povemst?•tt and curb of H-111.10 Street and Illllereut NCjve lying wi`rlsin rise South 30 fact, of the East 30 feet tend less the Seaboard System Railroad rl-uht-of-way. Totetl•iet with tl?e Sosxtl?csust 1/4 of the Southeast 1/4 of sold SoCL•ia:t 10, less the South 1.209 fact m.'u..1. u[ Lite F.nst 30 fea.ti lens L'hc pavement aarl curb of llillcreat privet l.yllsl; within the North 120 feet of the East 30 foot, lesa.the South 33 feet, and less the West 17 feet, Together with the Northwest 1/4 of the nutlswCat 114 of 5ectlun 11, Tuwushipf 2$ South, linage 15 East, less Lite Ebst 1234 Lett n?.o•.1- of-the South 30 feet, less the pavement and curb of Flaple Street l.ylug Wltl?in the West 90 feet of the South 30 feet, less Lhe East 50 feet, 1cni tl?e Ilortlr 15 fact, nt?d less the Seaboard System Railroad right-of-way. Less and except Ilillcrest Addition Subdivision as recorded in Plat Doi& 14.. page 49, of the Public Records of Plaellas County, Florida. Less slid except the £.ollowkng described tract: commence at. the Nor•thensit 4Ivrngr of Lot 11 of said 11'illtrest Additions thence run cleat along tale North line, inc of rnld 11111crest Addition 20 feet to tl?e point of beginnings thence west, along sald Nortll line 100 feetl thence run North, along a lisle parallel Lo the East lJne of sold Ilillcrest Addition, 250.5 feel'.; thence ruq Northeant'erly, 1.54.92 feet, to a point on a line 360 fart: North of still parallel td the 14orth 11rse. of said Ilillcresst Addition; thence run. Cant, olong najd line 69 feet, to Ulu Vest' right-of=way line of Highland Avenue; thence run South, along Spid Went rlght-of-wall line, 360 feet to Lite point of beglnni.mg. Less bad oxccpt the following described tract; begin at'the Southwest car:oer of l.o•t 4 of said Ilillcrest Addition; thence run North along the Wesr.line of lral.d llllicrext Addltlon, 40.2.5 feet; thence run Southwesterly, 741.1 feet, to a puint on a line 647 feat West of and parallel to the West- line•Of sold Ilillcrest Addition; thence run South, along said line, 41 feet to, tile Novell right-of-way line of Maple Street; thence rum East,, along. said North right-of-way line, 647 feet to the point pf beginning. Less and except tlse following described trace: commence at the intersect.iot: of the centerline o[ rile Seaboard System Railroad tight-o;-way and the centerline of ha tty Lane, as shown on the Plat of Country'Club Addition, a•a. recorded !n flat Back 7, l'at'e 36, of the-Public Records of Pinellas•County, Florida; thence run along sold centerline of the Seaboard'' System RoAlroad right-of-way and a curve to the left, chord bearing.N 80'43137" E; 3^12.feet; thence contimuc along; said ceuteriiae, N 77'35'51" 2, 03.44 feet, 'to the polpt of ltegin?ilit;;; thence run S 033'43" E, 537.60 feet; thence run S 51'46123" E. 48.51-feet; thence run N 65'05'57" E, 311.38.feet; thence run N 21'20'7+8" E 610.59-fact to the ccnterline of said Seaboard System Railroad. right-of-way; thence run'siong zo ld centerlino and a curve to tl?e right, cl?ord bearing S 76'25'57".W,.1.36. 03 . feat; thence continue along said eentitrline S 77'35'57" W, 402.40 feet to tlsc polar of beglnning., less the Seaboard System Railroad right-of-way; Together the following rights and easements, namely: A right-of-way in cnmmon with Lite. party. -of xl?e firat part for road or street purposes to and 41-010. said parcel conveyed over and along a strip of land forty feet wide running; parallel to and Immediately south of the right-of-way of the Seaboard $ystc?s hailrood, extending from Betty Lane oil the West Co the above desdrlhed tract on the host. EXHIBIT S BEGIN at the inCerseGtion.of the center line of Seaboard Airline. Railway' Co., and Betty Lane as shown on plat of COUNTRY CLUB ADDITION as recorded in slat book 7, page 36, Pinellas County Records and 'run thence along said Seaboard Airline Railway Co., center line and a curve to the left, chord bearing N 80° 431 3711 E, 339.12, ft.,,, THENCE along said center lice N 77° 35'.57-- E, 83.44 ft. for P.O.B. THENCE S 6° 331 43-- E, 537.60 £t.; THENCE j 51? 461 23" E, 48.51 ft.; THENCE N 650 05 t 57-- E, 311.38 ft.; TIIENCE N 21 20' 48-- E., - 610..59 ft., to center line of said Seaboard Airline Railway CS., TI4ENCE along curve to right ang said center line, chord bearing.S 76 2S9 011W., 136.13 ft.; THENCE 3 77 251 5711 W along said center line 482.48 ft.. to P.O.B., less Seaboard 'Ail-line Railway Co., right-of-way. 1 EXHIBIT "C" CCC Got/ Coures 154alplaeni Inventory September. 2009 LOCATION QUANTITY 0ESCRIPT1oN Pro sh"db sntdrrl PC Pro Strop 1 D Pro shop 1 HIS 6100 PeAter y 8GdftPMdMWPsWPre41MlrOUM Pro ump 3 Sm09 22' tables M MHadopwr dloplerRe ?room card trots Proomp I fott6rlp 6' Wk - RoShop 1 vfaoden N tebte PMMWp 1 Grooftcaidd r Prop 1 SlOtM60dMoa4'x32SRoshop100MbeeNartaetl110Mdleplay Mm 8pPro 1 C UMM" dlap n , W -MdProx6 tlrbrrae POO Pro shop 3 i 1roP SoNlaftlaneshop1a3lassdwAma vefa=ft proshop i lasseslnp PC cebtiret pmehop x BMWs 91411Pro1t3onartaastubdlspiay Proshop 1 FJ rookdeftPIMMMPiVAMA"Wasprknarfttih4p13draMp1ltMerstand Pro f 1 P0vdAMD04 proceeoor Proelhop 1 CtwvrdoNvldaorecordorvMesmerso Pro shop 1 321" x 1r x?r bookshop pro shop a Cork bslleRr boards Pro shop 3 Grywaes booods Pro Sflop 3 19" arwx runw storepe racm Pro strop 1 Orx46" x72" metalatorepe melt ProShop 1 Metal 44rowerftcabhvAlatter Proshop 1 Metal24rswertatscftW typal asp Room 1 emkowd Bap Room 1 2 level meW lea ws 5% Roam 3 SpookewwowSapRoom144drsvrermddGOMM jr x 39' x sr Bat Room I Mb lepakwaftendr w/4.V else Sep Room I Gosdu4waahw Beg Roam 1 82' peduM tan Bap Reom 1 20" pods" fan sap Room 1 Toaster sag boom 1 Nllcrarvavo a" Room 9 Rubbamod 32 pelon Wash oomahere Sao Room 1$Wooden dub stomps red* Cart Darn 2 Wooden storage cabinets cart Bum I Prtgki* "Deasy oxvnerdel washer City Property - As title is taken via Bi l of Sale subsequent to date hexenfei1?k ?:, 1 of >cP LOCATION QUANTITY DESCRIPTION Willem 1 Fdpld %aNery' oommerdd dryer Cart earn 1 Melee fool darepe Cabinet 69' x 104 x 30, CartBern t wodtmchwre-VViso CadBern I Rm9emata tango bellwasher Cart Barn 1 13 gaiion14HP air4smpreswr Cart Bern I Portable elr lank Cart Gera I CLUE CARCARRY ALL-1 RANGER PICKER Cad Barn 1 Sill. eANNG BALI. PidM IPU&Q Cad Barn 56 E160% Ckd1 CarCadswlaooeaeodie Cart Born 1 Bwversp owl Oft 4 bw round fables tiiebp 10 med ursecuadfables DwV 14 sued rand tables OWN;32 44op UMN Dl ft 300 d nft room dtdrs t)IrrhtO 4 24" telin Mft 6 2'rourtssww" Mft I Iwroe lee oleo de Dkft 10 ltartQnethrbles obtMtq 5 V vsct Ww td*w Dk tQ 6 e1' mdartpulrr tables 1 d** t]ktlnp 1 wort orplana 0101100 1 palablaber aatop t toowear Pd* Claw 4 GrAmesow" Onp rown dlvmw tplartters) otrdnp 1 cD pb w pninp 1 motel uddgl shell otrdrd 2 vacuum amino 4 ladders Illplnq.5 rA . chi"1 advarwerwow"Oasa oft 6 framedpllurss oft 1 45'W pogeble dwoe Roe obrbta 7 pisegsroamdividers udiss RR Stead tadswldr pleuEer L iefte RR landsrobror Lodes RR swhr4W dwk RUmL Kee 1 9= YM4U!X Organs MowerJAC McML Ares 1 200TRI-PI.EKGWana-Mawec JAC MdM. Urea 1 1989 TFOOMToo & Collor Mowar JAC Moira. Ana i 19811 TrtbP M Tee & Coker Mower JAG Mainz. Ares i Toro Td plea Omens Mower W& Aria i Taro Tat. %x Greens Mower MdnL Area i 6600 Fakww mww MdnLMae 1STEM MOWER wlboommower WRL Area 121)42 YORO3100- 0M ML Area 1 2002TORO 31004 h tt Area 1 2000 TOW Rest Lt dw 65MO MdnL Area 1 2000 TORO6500- 0 Mdnt Ages I TORO ©rotrndmeeter 7200 Mdat, Area i TORO aroundrnasler 7200 MOnL Area i SMINERMOWER MOIL Area 1 TORO 54ANG REELMASTER Meant. Area i TORO &GANG REELMASTGR Mehl. Area i Jac5-GANG ROUGH LOCATION QUANTITY DESCRIPTION M" Area 1 TORO OWWPM Mak?t Area 1 SPINIER REMS (I sot of 3)MalkArro 2 VERTICUT REELS (1 satof 3)Malt. Arse I GASP. Loader670 70. Melot. Aria I JOHN USER TRACTOR (2040)Maim Area a Ford 3000 TRACTOR Marty. Ares 1 JOHN Of,ER TRACTOR (2168)MaktL Aria I FORD400 Alft Aria I CWB CAR C'anya8-] 1 Maihf. Ana I CWIB CAR Tarr I1 MdAL Aare I CLW CARTurf II M*LArea I CLUB CARALL 1I Al" Area 1 CWB CARALL II Maht. Area 1 CUB CAttMd 11 Mft Arse 1 CW13 CMTwrr 11 MEIRL Area I CLUB CAR Cowpoll Tuff 2 M*LArea I IS%= TRUCK MOK Arta I FIAT BEOTRALSq Md oLAree f 3• ,WM CLM MAN MftAtrsa I TO" VVORWAAN 3100 McMM. Area I TM VWORIQ" 5200 NdmL Arno 1 TORO FRO SWEEP 6200 M" Area I smrFH00300 mom Area,2 284ME SPRAYER 112V Mift Arse 1 154M. SPRAYER iZ1/ Marts. Aron 1 FMEMfAY FOAMERWIPUMP MAILArea I RIDGEWAY FOAM TANKABBY- WIPUMP MaLILAran 2 RAVLNCONTROLLINITCOMPLETE M*tL. Area 4 LEBCO WALKSPREADER Moline. Area 1 LEK* CONDO OROPMC:LONE BPRW OER MobLAroa 1 VNOQN SPREAM W L Man 1 TY4)ROP CUIOKDABS00L1 Top Oroesor MdM. Area I TY4CPiQP tAt "00 Ms>rM. Aroa 1 v#TWko Atla t Twit Gpkoor, Can" Bob Ma" Area 1 VwL GAN DY SPREADER U" Area I OPAL MAT W/ ATTACHMENT Ma(ht. A1rea 1 GREENSGROOMER ORAO BRUSH Marts. Area 1 TORD AERATOR olk e 6 Moe desks OINas i oft* chairs swlnW ONtics 5 Mtkned offlo chairs GiRoo 1 PnIagsomofte Office I Nftpthonos and system office palaliblislophom olace z desk top p bore 0111"1 no Nrodit compular systern OfNlce 1 phone answering system office I caplar Oflfee I Iasor p wAr office 2 4-dreowerawlal We caMneta office 1 sate oAiee 1 4-ehe11 malal bookcase Olllce 2 2-dnmv metal Its cabinets Otow 2 ofte metal rib cabineudrawer v wide office 1 dwwder of8ca 1 fax Ofllce 2 t3• metal utility shelves LOCATION QUMITITY DESCRIPTION Closet S uft &Wf unlia Closet 2 wheel chairs comet 1 podium closet 12 table eklAs 011110 4 TVs, 0d"I alwelwarelplatelialeaaea Mlle 1 planter Odd 1 numerous Picum$ rd 1516083 Oft I beetiap orals 6 mW uupb dwIfts OMe 2 but dop mschhe M coup warner 006 Grad fthiperow Qdk 14 bar shots adu 12 Iabtee Gale bwadw shop 2 STIFLLCHAIN SAW STM*W TFUM ER HEDGETIRIM Shop S TIHL CHAIN SAW Shop t STMQUICKCUT SAW slop 1 ELECTRIC WA70PUMP (gro onl Shop I MANUAL ROLLER Mop shop, I 1 PfWASURE WAfIif6R PRES.SIMWASHER (dos Mower,) Shop 1 GOAT•10w om Shop I D MOUNT GENERATOR Shop 1a W"WL8#A-41LWXYWHEEL Shop t GABW&D OUTTIT I TA amp AC SAWMAIGT Shop W" I i HANDCART PORTABLEAIR TANK shop 1 Hm SHIP PROW 1 BATTERYCHARGER t SAW-ZALL shop t MAIaTAV-ECM DRILL shop t MAMACOROLaasDRILL sh HAZ ArYw SET S oph i SAwbLASTER Shop t VISE iN YARD Shop 1 VISE IN SHOP Shop t TIRE CHANGW Shop 1 OtL CRUSHER Shop t CKAINHCNST GREY49HOP Shop i HYD. FLEET JACKOrsy STwp 1 HYO. PALLET JACK Shop i 2.7 FLOOR JACK Black Hawk Shop i FLOOR JACK (orange) twp 0 JACK STANDS Shop 2 INFRARED HEATER Shop 1 SMHL POLE SAW shop 2 IACOeWA PUSHMOWER 7 See Lhe TRIMMERShopIeHINcmmSTRING EDGER Shop 1 SHINDIAWA BLADE EDGER LOCATION 4UANTnY DIISCRIPTION Shop 1 TRENCHER Shop 2 RECMAXREC1PICATOR Shop 1 STIHL BLOWER Shop 1 STIHL CHAIN SAW Shop 1 SHOP VAC Shop 2 FAN (8hop) CIRCULATOR S1tpp I 1C&BOX-F4 Shop 1 STIHL 80 BLOWER Shop 1 STIHL BAKPACKBIAWER Shop 1 MILWALKEE GMMR Shop 1 M{ISCELA AMOUSTOOLS 6 EQUIPMENT Shop 1 SHOP HEATER Shop 7 TORO 1000WAL1QHaGREENS MOWER Shop t CRANE PUMP HOUSE Stop 1 BOOSTERPACK a"t TROLLEY Shop 1 SAMOLOWER stop t MSAWRINO WHEEL amp 1 faa880 ProOoro Aerobs NON 5 oudtland A Hdl t sobstebtb Rd 6 06*0 otlwhsw Hd 1 wA top pl wft No 13 homed pbowrse Ndl 1 Icewd Lvobrdle www wild n 2 atmecomoven Ktldton 1 hdMo b w Khd=2 Etas" Nkhm 1 towe11 Kkhen t faun oena 11f1 hm reealrbn coolm Nkhan T prop twas Kkbon t amp" Nkhon 1 pINa Kkdtott 2 dtabra Kuhm 1 desk KktMtt 1 I*= MUIle wM hesttamps Kk "n 2 oww/M bdt b um" KktM 1 leV and food wanner Kadwn 1 Mahem Kkorr 16 aww uft shown - - - Kkbon 1 dish wanner Kltrhen t food wwwr Kllehen 2 atlarsYee Kkhen t ke stn cooler I(Achat 2 aa wih Card Room 8 44optWm Cab Roan t round tads Card Roam 24 BMW* Cushioned dwks on wttesls Card Room 1 TV Asset Sheet -G Pro 3- hepOlfOperations 4uanity Value Total Value Item 1 $10.00 10.00 Circular Mirror1 $5.00 5.00 Shop clock25 $1.00 25.00 Water Fall Racks1 $1.00 1.00 Wall Wooden Golfer2 $10.00 20.00 Paded Chairs1 $10.00 10.00 Circular Table1 $1.00 1.00 Belt Rack1 $1000 10.00 Head Cover Rack3 $1.00 3.00 Water Fall Racks2 $1.00 2.00 Hanger Racks1 $5.00 5.00 Female Maniquen2 $2.00 4,00 Hat Racks5 $5.00 25.00 Cork Boards1 $10.00 10.00 Circular Table3 $10.00 30.00 Paded Chairs2 $20.00 40.00 Phone 3 $ 200.00 600.00 Computer & Terminal3 $10.00 30.00 2 Drawer File Cabinet3 $20.00 60,00 Printer1 $10.00 10.00 Table 1 $ 100.00 100-00 Shop Counter - Glass1 $5.00 6.00 Scissor 2 $10.00 20.00 Calculator 1 $20.00 20.00 ZOM Machine 3 $210.00 60.00 2- Way Radios 1 $20.00 20.00 Electric Pencil Sharpener1 $20.00 20.00 Historic Golf Display - Club/Balls6 $5.00 30,00 Plastic Drawer Storage3 $5.00 15.00 Stapler2 $5.00 10.00 Tape Dispenser6 $0.50 3.00 Markers 1 $10.00 10.00 30 Gallon Garbage Can 1 $10.00 10.00 First Aid Kit 3 $1.00 3.00 Clip Boards 2 $5.00 10,00 Short Book Racks 1 $20.00 20.00 Tall Book Rack 1 $1000 10.00 Bar Chair 23 $1-00 23.00 Notebooks 1 $40,00 40.00 TV 1 $10,00 10,00 Rate Board 1 20.00 20.00 7 Drawer Cabinet250.00 100.00 Large Grease Board130.00 30.00 Drill with Charger110.00 10.00 Three Drawer organizer15.00 5,00 Three Hale Punch125.00 25.00 Security TV - 6 Inch61.00 6.00 In Baskets 1 5.00 5.00 Trash Can 1 5.00 5.00 Paper Clip Dispenser &Clips62.00 12.00 Proximity Marker Signs15.00 5.00 Wooden Table 24" x 12"1 5.00 5.00 Shag Bag110.00 10.00 Card Table 1 20.00 20.00 Dolly420.00 80.00 5 Shelf Metal Shelves210.00 20.00 Maniquen Tops150.00 50.00 Vacuum 1 25.00 25.00 Tool Box With Tools 1 25.00 25,00 Marker Box With Markers110.00 10,00 Step Stool 2 3.00 6.00 Large Range Buckets 9 1.00 9.00 Small Buckets 5 2.00 10.00 Medium Buckets 18 4.00 72.00 XL Buckets 1 10.00 10,00 Bubble Gum Machine 1 3.00 3.00 Floor Mat 7 10.00 70.00 Window Blinds 6 5.00 30.00 Ornaments 4000 0,01 40.00 Paper Tags 1 50.00 50.00 Shop Camera 2 5.00 10.00 Paint Can 1 5.00 5.00 Paint Gun 3 5.00 15.00 Old Motorola Radio 2 1.00 2.00 Tape Measures 1 20.00 20.00 House Cleaning Products 1 1 00.00 100.00 PING Golf Bag15.00 5.00 Price Gun 1 10.00 10.00 Label Maker 1 25.00 25.00 Box of Assorted Bolts & Nuts 1 5.00 5.00 Bush League Plaque 1 5.00 5.00 Teherhar Plaque 2 5.00 10.00 Billy Burke Photos 1 75.00 75.00 Cordless Phone and Charger 1 $ 5.00 $ 5.00 Greeting Card Display4227 $ 2,400.00 Asset Sheet - Golf Operations Quanity 1 16 1 1 12 1 11 14 1 4000 1 5 2 1 1 1 4113 Value 1 $ 10.00 1 $ 5.00 2 $ 2.00 1 $ 1.00 2 $ 1.00 2 $ 1.00 7 $ 1.00 1 $ 10.00 3 $ 10.00 1 $ 10.00 1 $ 10.00 1 $ 50.00 1 $ 10.00 1 $ 10.00 1 $ 40.00 7 $ 25.00 10.00 1 $ 3.00 5.00 2.00 5 7.00 5.00 20.00 1.00 2.00 50.00 25.00 1.00 2.00 100.00 5.00 5.00 0.10 1.00 1.00 5.00 2.00 15.00 1.00 Item Double Steel Locker Bar Stool Push Brooms Broom Dust Pans Bag Drop Sign - Metal Misc. Signs Metal Time Clock 30 Gallon Drum Radio Storage Shelf With Door Large Grease Board Bench Vice Extension Cord Mechanical Club Cleaner Cases of Marking Paint Box of 30 Gallon Trash Bags Toaster Microwave Mini Sledge Hammer 20 Gallon Trash Drum Shag Bag Industrial Fan Customer Sign Metal Proximity Marker Signs Shop Vac Yellow Rope Spool Cases of Scorecards Wooden Shelf Rental Club Sets & Bag AMF Wooden Club Racks Wooden Bar Chair Range Balls Cart Repair Area Sign Cart Path Only Signs Michelob Umbrellas Wall Thermometer Tow Bar - Cart Basketball C= irr F.i irr I vontory8131/2010 Total Value 10.00 5.00 4.00 1.00 2.00 2.00 7.00 10.00 30.00 10.00 10.00 50.00 10.00 10.00 40.00 175.00 10.00 3.00 5.00 2.00 35.00 5.00 20.00 1.00 32.00 50.00 25.00 12.00 2.00 1,100.00 70.00 5.00 400.00 1.00 5.00 10.00 2.00 15.00 1.00 2,187.00 Asset sheet • Golf operatio ns Quanity Value Total Value item 500 $ 1.00 $500.00 Golf Tees40 $ 17.00 680.00 15 Ball Packs22 $ 52.00 1,144.00 Pro V1 Dozen3 $ 30.00 s 90.00 NXT Tour Dozen13 $ 8.50 110.50 NXT Sleeves2 $ 7.50 11 $ 8 50 15.00 DT Sleeves 1236 $ 0.56 8:50 692.00 Ball-Pick Up Repair Toot67 $ 2.00 134,00 Bail Markers5 $ 8,00 40.00 Coffee Mugs2 $ 27.00 54.00 Golf Bag Watch1 $ 16.50 16.50 Pewter Golf Omament7 $ 2.D0 14,00 Golf Scene Trivet13 $ 12,00 156,00 MC Pain Gel Tube4 $ 12.00 48.00 MC Pain Gel Bottle2 $ 290.00 580.00 Skycaddle2 $ 300.00 600.00 Callaway Range Finder2 $ 140.00 280.00 Jr. Golf Sets2 $ 130.00 260.00 Jr. Golf Sets4 $ 16.00 64.00 Umbrella Stand Kits600 $ 0.10 60.00 Plastic Bail Markers118 $ 2.50 295.00 Sun Block Tubes45 $ 10.00 450.00 Foot Joy Gloves141 $ 13,00 1,833,00 Titleist Gknres35 $ 17.00 95.00 Straw Hats14 $ 18.00 252.00 Titleist Caps18 $ 22.00 396.00 Titlelst MLBlNCAA Caps144 $ 1.50 216.00 Logo Golf Balls4 $ 18.00 72.00 Straw Hats24 $ 10.00 240.00 Caps20 $ 26.00 520.00 Mena Shorts1 $ 25.00 25.00 Mens Shirt7 $130.00 910.00 Junior Golf Sets9 $ 6.00 54.00 Sand Bottles25 $ 30.00 750.00 Straw Hats6 $ 17.00 102.00 Foot Jay Two Glove Packs36 $ 39.00 1,404.00 Men's GolfShirts 2 $ 700.00 1,400,00 Wilson Iron Set23 $ 20.00 460,00 Men's Bells 7 $149.00 1,043.00 Golf Bags2 $ 300.00 600.00 Golf Staff Bags2 $ 200.00 400.00 Pull Carts14 $ 20.00 280.00 Animal Head Covers2 $ 64.00 128.00 Pull Cart covers6 $ 20.00 120.00 Ladies Caps16 $ 50.00 750.00 Ladies Tops2 $ 35.00 70.00 Ladles Tops1 $ 59.00 59.00 Ladies fops7 $ 30.00 210.00 Ladies Tops2 $ 25.00 60.00 Ladies Tops1 $ 25.00 25.00 Pull Carl Seat 1 $ 57.00 57.0D Golf Bag Travel Cover 2 $ 60.00 120,00 Ladies Skirts7s65.00 385.00 Ladies Skirts 1 $ 65.00 65.00 Ladies Skirts 8131/2010 I',ri yhor fwM1'i:.r l;a° rtixe 1 38.00 38.00 Ladies Skirts128.00 28.00 Ladies Jacket163.00 63.00 Ladies Pants2170.00 340.00 Rife Putters1115.00 116.00 Putter 1 140.00 140.00 Putter1119.00 119.00 Putter2110.00 220.00 Putter2330.00 690.00 Wedges1550.00 750.00 Golf Shoes980.00 720.00 Golf Shoes6710.00 670,00 Ladies Hats14617.00 2,465,00 Men's Hats226.00 52.00 Umbrella513.00 65.00 Umbrella2300.00 600.00 Drivers2200.00 400.00 FW Woods2160.00 320.00 Hybrids2180.00 360.00 Hybrids218.00 313.00 Ball Retdevers839.00 747.00 To"Is 50 2.00 100.00 Groetin$ Cards 35 4.00 440.00 Socks 6 6.00 36.00 Socks4410.00 440.00 Wilson Gloves730.00 210.00 US OpenCeWShirt125.00 2&00 GolfTravel Cover915.00 135.00 Towels611.00 66.00 Caps1113.00 132.00 Caps212.00 24.00 Ceps1113.00 143.00 Gloves 7 12.00 84.00 Gloves 6 8.00 40.00 Clubhouse sq. trivet 3845 30,395.50 31j201f' fora SYo;a'ti"r:;r:;l,:a i_5 :; CLUBHOUSE LQUIPMENT INVENT'OR' August 2010 f DESCRIPTION OF PROPERTY H It DESCRIPTION OF PROPERTY OFFICE 4 office desks DINING ROOM cont. 3 office chairs swievel 10 banquet tables 4 cushioned office rhairs 5 8 rectangular tables postage machine fi 3 rectan ular tables 4 ladderstelehonessystemWurlitzer Piano le hone rtable bar imers flag with ole `VnetworkinQ com uter 5 stem sneeze uardswerinsstem4roomdividers lanters CD la erlaser -printer metal utility shelf24-drawer metal file cabinets 2 safe vacuums 45'x45' portable dance floor4-shelf metal bookcase plastic room dividers22-drawer metal file cabinets silverware/ lates! lasses2Neametalfilecabinet/drawer 4' wide 2 sounds stemshredder6framedpicturesfax MEN" S' CARD ROOMCLOSETS 8 4-to tables 5 Utility shelf units 1 round table 1 wheel chair 24 Burgundy Cushioned chairs on wheels1odium7V 12 table skirts LADIES LOCKER ROOM FOYER/HALL WAY 3 Desks 5 cushion chairs 2 Desk chairs 1 sofa table 2 Couches 5 planters on wheels 2 Tables 1 table to lancer 4 Chairs 13 Framed ictures 1 Ice well/water dis enser DINING ROOM GRILLE 4 large round tables 1 hot do machine 10 medium round tables 1 sou warmer 14 small round tables 1 small refrigerator 32 4-top tables 14 bar stools 300 dining room chairs 52 chairs 4 2-to tables 12 tables 5 2' round tables 1 bar mixer 1 iar a ice salad bin 08/30110 C CLUBHOUSE EQUIPMENT INVENTOR' August 2010 GOLF COURSE EQUIPMENT INVENTORY Replacement Value Clearwater County Club Fdbruary.41-0 IRV,NAME DATE FURCIJASED AMOUNT Replacement V l EN.GIUE SERIAL a ue as of 2msilo NUMBERS 111iiI1rT13ERS MOWERS 1 JAC TRIPLEX 9/9102 16,480.00 4,500.00 62287-2084 GREENS MOWER 2 JAC TRI-FLEX 7131102 W,480.00 4,500.00 62287.2090 GREENS MOWeR 3 JAC TRI-PLEX 10/12/99 14 984.50 3 500.00 GREENS•MOWI~R 62260-2004 4 JAC TRI-FLEX 1218/98 14,800.00_3,000.00 6-460-1805 TEE MOWER TORO rPU c 12191803 19,492.00.7,500-00 04357-2 QMP82GREENSMOWS 6 7ARQ M -P16 1218103 19 442-00-7,500.00 04357,M01609 GREEft K40WER' 7 412WOU 24 367.2®-9,Aao,00 Fakwa MOWER 69 STEINER 122.12003 14, 21;pp 5,000:00 DIESEL Mad. 525 WIBOOM MOWER KuBOTA SOr. 1'241- 126 TOW 10/21102 25 866.30 00 - 008,0 o3zOt2xoo0as693uMur 109 TORO 1.6/21102 25866.36 8;666.00 03201220000968 3100-D 53 TORO 8=15-p0 46;829.26.9,000.00 06803-2goooo2s?REEL MASTER 6500-D T4_TORO 5-09-00 38 70238 9-700:00 06203 x00200256 REEL MASTER 6500.0 fib Ft10 YI;MA M,NAMWS_:ABOTA od. 30362 7200 der. 270000242 164 ro :.28 Q(XA QO KABOTA Mod. 30362 7200 Sar_ 270000223 165 50--TORO 5-GANG 312D'IC12`22;335:50 7,00n:00 a3a5'100?024cr REELMASTER 02/ 1,60 GOLF COURSE EQUIPMENT INVENTORY Replacement Value Clearwater County Club .February 2010 1NV.NAME DATE PURCHASED AMOUNT Replacement Vahieasof?116114 ENGINE lUNiBER$r SERIAL NUMBERS 44.TORO 5-GANG 512212006 7 000.00 7 000-00 REFELMASTER 4 75 JAC 5-GANG 3119/02 21 44.70 7,000.00 ROIJPH MOWER 131 TORO 8/28/2006 13,745.20m 6,000.00 or.08865-260000234SANDPRO 158 TORO 6/14/2003 P.000,00 1,000mSANDPRO2000 99 SPIKER 811/92 2100.00 1000.00 JNICREELS1SETQF269)54 1'03 ?VERTICLrF W I 2 500.00 42,000:00 REELS . 1 SET OF 3) 130 VERTICUT 9115P2002 2,250.00 2pW:W REELS 1 SET OF !3 TRACTORS 26 CASE Loader 5-98 38,734.00 24000.00 Ser. JJG0260887 57F; XL MusD Ser. •4M%89'Mod.- 570L)4T 93 JOHN DEER 1-02.82 11•,195.00 61.000.00 3179DL-06482122CD r TRACTOR. W40 204OUS, ' 97 Ford 3000 5,500.00 3,00050 y C141825 F96 TRAGrM 100 JOHN DEER 4-2491 16 499.00 61000.00 CD317913873006 XL02155G699454X TRACTOR •2155 a 56 101 FORD-600 1-09-53 4793.00 2,500.00 Motor*eae-6015-h TRACTOR CARTS 60 CLUB, CAA 6-13-95m 5,200..00 2,500.00 Ser4,EG9526-440,496 CARRYALL-Ii Fa90Dgs4s12 CLUB CAIN 11.5.97 500,000.D0 SER# TURF II FE35ODM7751 PG9753-6406551 74 CLUB:CAk2'.2-16,-99."?6 061.70 3,0Qi0.M.lr?a5or>l>A2aJ6-.RG9c917.:75968 CARRYALL-11 J.';'!8/1 is GOLF COURSE EQUIPMENT INVENTORY Replacement Value Cleawater County Mb .February 2010 IN17#NAME-C7ATi=iReplacement ENGME FR1"AL PURCHASED A1kt10.LIN.T Va aAs_ 21i6110_N11MB.ER_NUMEER_ 123 CLUB CAR 4.42.89 4,495,00 1,500.00 FE29OD309748 Ser.# CARRYALL-11 E.G 8928=178764 124 CLUB CAR 5-1.01 517-40.00 31400.00.rE350D080450.SeMRG0133-049265 CARRYALL-11 127 CLUB CAR 2-16-99 6,061.70 3,990-00 PE350DO40175 Ser. # RG9917-759971 CARRYALL41 171 CLUB CAR 5-1-01 5.760.00 3,400.00 FE350D080446 Ser. #RG61SM49289 CARIRY-AL- L11 42 CLUB CAR 411412003 5 700.00 3,800.00 FE350D BSI 1 RG0339-029977 11 IS1JZU TRU 3-1 10 447.00 2500.00*J.D. #JAAG6'! 1L5R7208681 105 Ta ota Tacoma 611 112004 115,529.00 6000.00"'057EW42NM403304 R ,K 49 F AT9'EtS'1•RAILER 13`-4-97--..t1CJ0°Op`H84 56 34WH. LUSH 7..01.84 3.380.01]1 00L1.t10 M85304410 XUNN21856boiiais " 155 •FUEL TANK 11/30/2006 1.500.00 M FULL TANK 1113000x76 1'.5013.00• FUEL TANKAraller 111/2009 3,216:00 3-ow;00 1N.5'rM20942910"0676 eze-Gas336-996-4396 FUEL TANWtrailer 11V20p9 3,2'F6.OD 3 OW,00 5TX42004291001068 UE-Gas 336.8964396 SPRMER;3 117 7-01-84 12 b00.00 500.00 80RAYERMOOMS 4 fltl?11 _V.260000377 120 RMEW IQ4??Ser. 07065-260000145 02'/ 1 B/ I e., GOLF COURSE EQUIPMENT INVENTORY Replacement Value Ciaanuater County CIub.Fehruary2D1D 39 SMITH00.300-4-01-74 1,721.00 5QE1.,oo Aloji Seri GAL SPRAYER V vA k 740221-33 166 150ZAL.1-01_98..6.6woo 1,500.00 Round-u SPRAYER SprayerVffNAMERATEReplacementENGINESERIAL PL1ftF3iM5I D AMOUNT vatuff*e&2hi0o NUMM NUMBER 1.11 25-CAL.7-25,97 395.00 S PRAYER' 12V 145 15-G4.6-20-94 295.00 SRF?rY-ER1,?V 17 RAVEN 4-11-91 2186.00 500.00 Ford 600 SN 11669 GONTWL UNIT FQFd 600 SG$444 83 RAVEN 312412003 32281.00 Workman SN2285 CONTROL.UNIT SCS440-- SPREADERS 70 LESGO WALK 11-1x5-93 275.00 SPREADER 7.1 LESCO WALK 11438-93 275:00 SPREADER 81 LE930-A/ -K f0-2644 275.00 SPREADER 1.08 LESCO WALK 4-29-95 276,00 - SPREADER 170 LESCO COMBO 111812005 425.00 DROPICYCLONE Sp 32-VIC-ON 11/2W=0B"3,600:DU 2;S0.06- '221190'39443- SPREADER 168 RIDING FERTILIZER 712612005 5,495.00 SP3EADER 138 TRAILER FERAUZER T1i LER 412212006 1-,800-.00 33 TY-CROP Quick Pass 2/25/2008 13,020.00 9,500.00 Ser. 14608 3()0T Or-esser t,, 11 81i C, GOLF COURSE EQUIPMENT INVENTORY Replacement Value Clearwater County Club Fabruary 2010 295!00084486 ENGINE SERIAL UMBERS NUMBERS Mod.2701530 Ser, A00202$7 97785 724364 44860-90110 YCLE lHP XMXS-0254RB' 32024-5297 SN-32017- 17953 FS100RX FS200 F.S-120- FS11.0RX GOLF COURSE EQUIPMEN Clearwater Cou T INVENTO nty Club fahruary 2-Q RY-Replacem 1a ent Value 151 STIHHL LINE TRtMMI=R 2001 79.5 FS-2,0a 126 STIHL LIN> TMMMER 6/219005 395,00 F81 10 R 58 3 INBLAWA Stri Ed 811102 360:00 LE260ngar iNVX NAME DATE Re tacemern ENGINE SERIAL PURCNAaD AMOU T ValueascftmM0 NUMBERS NUMBERS 98 SHINDIi4"i;1dA Blade Ed 312131(72 860 06 LE260 ger 132 TRENCHER 12128100 1440.00 153 REbAAf ( REGRCAT-OR 4/18102.57-7-.00-G2KC 121-STIHL 13L ER 8-6 1 b0 BR-400 1 STIHE 2 t;HATN SAW 111 42 340.00 019T 4 3TtHL CHAIN SAW B/Bi!?f3Q2 260.t)t3 019T 34 STIHL 40"TRIMMER 11-0399 396.00'39625140 y 2S pi a Trimer 2rtt rl?`i 493.00 Ht?,1r?f?. 119 STIHL CHAIN SAW 10-fly98'4B5.Ob 036 2B STIHL CHAINSAW 25,93 327.013 026 1 Q2 STIHL CHAIN SAW 6/1211989 489.00 032AV 5-TIHL QUICK CUT SAW 8-13-%975:00 TS 510AV 94 ELI- WATEFr P'UNfP 1rr18009 1998-256.{)0 12VDC 116h manual sm P-3040 142 14 -MANUAL VZTZ r 3/12/02 37-8.149 - i 8f GOLF COURSE EQUIPMENT INVENTORY Replacement value C1itarwaler County Club February 2010 ROLLER PRESSURE 9-99 3 500.00 U?/ASHER PRESSURE V 1ASHER 2/2Z[2007 667 GR?FSt MQ1?IE BOAT-1 Oft w/oars 1.27-97 160.00 SN-44546 FL-2238-:CV NAME. OATIE PUPCHASID AMOUNT Replacement V l ENGINE SERIAL a ue as ofvibho NUMBERS NUMBERS GENERATOR GE?dEFiRT©R 2.5 EGtlWIA. 169 GENERATOR SHOP TOOLS 11-09-98 $900.00 . 7 TABLE r?rt 1? mac tools 5?5 $139.W ELECTRIE WECDFR 94Q6-eg $98090 Thuhderb6lf:2 EEL 8At{ R - . ONE WHEEL 2,f?pp $80.00•. JK540353 162 lvwwmi =E--BAkR#4EL TWO-WHEEL 2/?g07 $119.1?Q GAS WEIR OUTFIT 8.?11.8A. $329.00 rgrch lAlelder L P CAS BOTTLES i1-3t]?5. $89,85 20"4F Gas B;W i 54 5 LP Gas 8attio 6/28/2005 $35.00 618/2005 $95.00 85 DINO PARTS 7 WASHER 3-20 93 $5,400.00 1,200.00 washer #PW1007 167 MAKITA Cho S aw 2000 $350.00 2414 91 DUSKY AIP COMPRESSER 12604 $429.00 md, VT631402Ad Ser 1281506 GOLF COURSE EQUIPMENT INVEN`FORY'Replacement ValueClewwaterCoiotyClubFehruary201D 104" SECT SANDI=R 2001' $40 .00 GY001 A 113 HAP1D CARrT ?J9 $259:00 1.8 GreK Hand. Cart G10%20Q4. $gp_? 8 PORTABLE 1989 $159.00AIRTANK 46 H d Shop Press zrRm Q? Crk., DATE Replacement ENGINENU, NAME PU?HAZED AMOUNT vaiuo8sof2JIM0 NUMBER11 9 .8AT7-ENRY 1999 $389 ODC+?s1=R 144 LApprNG nrtno -UNE Reels 2000 $60000 1 LESCQ 1?IA i 1-02-01 $&,52.03SHARPENERR 172 DRIt<.L PRESS & Table fi99$ $1,50p.Ob SAW-ZALI_ 1992 $199 OA HPZ R VOT SET 1 59.00 7 SAND 10-11-99 912.00BLASZ1a11, 72 SHOP 1999 200.00BENCH .Gf2UNDER. 67 VISE IN YARD 5-01-84 100.00 161 1?1SE shD used-1't?97 80.00 52 TIRE CH SNGER 9.90 8 260:00 188 OIL CRIiSHEft 11-13-96 209.00 Bfi GHAIrIt HOIST 9-11.=95 346.00GREY-SHOP a 2-ton AINGER NUMBERS 284 204383 PART # LHH-.2B GOLF COARSE EQUIPMENT IWENTORY Replacement Value Clearwater County Club FehruaN 2010 SIN: GA BALL PICKER ush 139 BEVERAGE CART 11512007 Of iCE 22 ?rc.c?rlr;R o 1.0-20-94 WALkANG Mnag, 181 Toro 1000 11/2/2004 Walkkg 6ree?liAaweF DATEINV.# ' NAME p RCHASE 182 Toro 1000 . 10115/,004 Walking Greens mower 183 Toro 1000 8/12/2004PW.,Wkkig aareep? Mauer - 184 Toro 1000 9/1&2004 VltalMg-kareens mower t85 Toro 1000 fi18120g4 Greens Mower 186 TOR01000 /24 W Jng oreens mower 18 TORQ.10100 211Z12M4 Walking-Greensnwwer 30. Gra?e.P Hause-. . Booster Pack TORO KIT 13 19 3 i WELDER 45 Mart Litt GOLF COURSE EQUIPMENT INVENTORY'Reptacement ValueClearwaterCountyClub.Fehruary 20.10 IVG 1-24-97 $1.19TOG 122C.'000 on 500 E _ FE35MI EUREKA 2,500.00,1 EE50?0,0pReplacement ENGINE AMOUNT Valua a, 012 IU10 NUMPMD, 500.00 00 SN#81-01 BRAVO-9.,o SERKIL TOR4070 stock#903869 LC611437 1127J03. ..$1,701.00 200.00 1113103 $385.00 1/14/03 $215:00 1(,14/Q3 $21600 1,848.46 r GOLF COURSE E-WIPMENT INVENTORY 'Reptacement Vatue Clearwalar County Club February 2D1 o 53 BACK BtOt/iIER 12M7/02 $40U 25685394fJ f 57 Measuring 1Nh6as 2/49103 $59:00 11 & TQrQ.66Q 3I24M3 $1 ?4 IIO Pro Dore Aerator 09701,221 QQQC1234 TOTAL $7?? 67=61 $6a8;500:0a Ttte above inventory fs accurrate as ofJanuary 201'0. MprevPousfy fdodinvantay ties been discard _._ ?.___..-_.._. _ __,.....Covered under auto insurance 4 r r Idonaj'able Pam Dubov CSOL Pinellas County Property Appraiser Tangi, ersonal Property Tax Return P . 0 . Box 1957 Confidential § § 183.074 f=.S, Clearwater As Required by 9§ 193.052 & 193.062 F.S. Return toFL33757CountyPropertyAppralserByApril1toAvoidPenalties State of Florida, County of Pinellas 2010 Business Name (DBA - Doing Business As) and Mailing Address County 1D 0029076 CLEARWATER COUNTRY CLUB Federal Em toyer Iden. No 525 NORTH BETTY LANE 59-3697958 Social5ecuri NumberCLEARWATERFL33755fnameandaddressisincorrectmakenecessaryrnrraml- This return subject to Auditwith all records kept by you. Incompkele entries are subject to penalties. 1. 2. 3- 4. rrnn.a/on..S. Dale you began business 12 15 FiscalInthiscouily, year.5a. AlUfouph nay fiscal year ended Oct toDecember 31 ofthe paslsalendar year, Ihh realm e(lecis properly alotions anddetedon 713 12 Please give name and lele hone s Ihmtgh December 3l.P number of Owner or person In charge of this Business. Yes _ NoNamePAULAPENIXd. Describe t ype or Nature of Your Business-Corporate Name Telephone 727-446-9501CLEARWATERCOUNTRYCLUB 7. Trade Levee (Check as many as apply) Retail }{ 4VlwtasalaActualPhysicalLocationofProperlyforWhichthisReturnIsFiled (SlreelAddr. ftP.a 804 Prof. 11 Service 11 Ap. ? Rentn1525NORTHBETTYLANE other a. Old you file a Tangible Personal Property Return in this county last Year?Is your buclnesarfarrn located within the Incorporated Imlts of a City? Yes X No Yes X Nowhatcity? CLEARWATER - - It sp, under what name and where?Do You Fosa Taaplyla PefsaaLalffMP%tTai( Rearm UnderAny Other Neme? Yea No X urame as abovePleaseShownameExactlyasNAppesnedonyourmastrecentperacnalproparl), TaxBillor- ? 9. Former owner of The 6usn.:OWCmenlTaxitetum, go. If Business sold, to whom? Personal Property Summary Taxpayer's Estimate of1W9JL&§9MMa' SCHEDULE ONl Y.Tho Schedules on the mcgse BIDE Fay Market ValuemostbecompletedIndatailandlgjMenteredbelow, ATTACH ITEMIZgo LIST or C MLE showing Original Cost $ Dale or Acqulslnon. to, office Furniture& Once Madwasa EDP ui rperd, C NIMMrs, Word Processors 1, Stare, BarG Lour 3, machinery and M1 4. Farm, Orova, and 6. Hotat Metal, S Apartmenl C Be. Rental Units - Move, Refdg. 7. Mobile Home Attachments a. Service Station 6 Bulk Plant 8. Signs - Billboard. Pole, Wall, 00LaxseMrld Imwovwmnte mud bs ftaurant Furniture b ul ant, Etc. f inehl omen! 8 Laboratory Equipment Mpox FumNare, pge!s a M s 21I ti_E ,. Cabana, Porch, ment. Underground Tanks, Lift affable. 151rectional, Eta padbyWe, Yearof Inslapatkunand des t, Pollution Control Equipment 21 E of ant owned by you lwl rented, leased or held 3. Su lea -Not Held for Resale C Other- Please Spedly TCiTAL PERSONAL PROPERTY ncer penalties of perjury, I declare that I have read the foregoing tax return and the ccompanying schedules and statements and that the facts stated In them are true. If repared by someone other than the taxpayer, the preparer signing this return certifiesatthisdeclarationIsbased.on all Information of which he/she has any knowledge. ATE TITLE GNED TAXPAYER) GNED Andrew J. Coanady, DRESS St Pete Beach oNt= I,,r 727-360-34$1 PREPARER) CPA 1--FL __33736-7213 nREPARER'&L0.# P00367 le u eso n ever: 230 682, 922 LESS EXEMPTION:( ) WIDOW ( ) WIDOWER ( ) BLIND TOTAL MSABILITY OTHER Taxable value Deputy Penaltv Please sign and date your return, send the original to the county appraiser's offlce by April 1, unsigned returns cannot be accepted by the appralser's office. Notice: If yc, are entitled to a widow's, widower's or disability exanif:;10,1 vrsonal property (not already claimed on reei esta'.n)476 cuneu.; ie lB mllSt 8 CC•f1': i'?gtF DR >JrrL 1 iY1 Original Appraiser's Installed Use only Cost 104,692 t.: ?liXATER COUNTRY CLUB Fage 2 I- --- , Tang: 59-369795 ersonal Property Tax Schedules (Enter Totals or CS O.L ProperlyfullydeprrecialeTdbutMcontinuuing Insewice mustbereported on the schedules below.Retired Sold Traded Etc. DESCRIPTION YEAR TAXPAy RS EST FACCACO. FAIR M TVAMP ORIGINAL INSTALLED COST LEASED, LOANED, AND RENTED EQUIPMENT - Please complete II you hold equipment belonging to others. NAME ANDADDRFSSOFOWNER OR LESSOR DESCRIPTION YEEApR RENT ACQUIRED MFG. MONTH PURCHASERECOSITNEW LEO YES( NO LINE 10 Enter Applicable Line Number (10.24) From Page 1 TAXPAYER'S EAXP_?Y?tai, ESTIMATE OF sMpAR O COndnror p%R%pNALDESCRIPTIONOFITEMAGEPURCHASEDF?VALUET GoodAV poor INSO7OA9LEDFURNITURE6FIXORES5EETTACHED T APPEZ4ISE;R.'S USE c7NLY Condition x i0?692 Ente r'TOTALS on Front - Continue on Sa . Sheet If Nec. LINE 3 Enter Applicable Line Number (10-24) From Page 1 X 10 ?6 92 X DESCRIPTION OF ITEM AGE G01F(COURSE EQU`PMER ATTAC ED X 576 988 AA?,L WASHER X 292 Ernter TOTALS on Front - Continue on Se . Sheet If Nec.X 5 7 6 2 30 X LINE EnterApplicable Line Number (10-24) From Page 1 DESCRIPTION OF ITEM AGE Inter TOTALS on Front - Continue on Se . Sheet If Nec.X X INE 22 EQUIPMENT OWNED BY YOU 13UT RENTED, LEASED, OR HELD BY OTHERS T NAME/ADDRESS OF LESSEE RENT E PAS E NO. 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S S l*¢1S 1+1QOCSd •r•?CdodmAdOOQGCO00CS?ven ba C C O O 04 CA qt 1 5" 31* F- ?a" v r` rn vi oo Men of tY c? avCo -- oe w co C SC: 0 SSSOSSSSOSC7.SSL?SS40 SS S S U U S SLtlOC. 11 00O00 O0o00epooO0 t clo060o06 06 O 4 0 670 0 r U tOWOC to vti ooo noogo0 ,t tD O a, o 0% 41 6PY 810 00 Q O, WiCo ooaoryov .r04l±GN 'isnG b?o..a+n on en w ?u ot- r741O. ? O Op 0y?% Oy?, %n pp.o ?O M rr O ?+ O 00 V1 e+l ?O 0% ?d b t- ao .-i c ny' oo M p me. N u". to ?e 4 d6 QQ'•'P t? ° NC co e0 eT 004?t C,4 ?,/ ?iAtl KI?CbLy bad eA?P1 Nd0On?0OFIRD 0.740 O+ N CQM NXO Q?t t^ ?O ?D646Dd?0? t? 4V1t' •.."t'? e+1Ql CO? ?4 n e0".+ ^d •.• Nm --? N N + ... N N to .? v N N C, fn Yn•1 en 0* m G O NtVNNNMMehM ??V-e?0?0 nnn ? oa p+ ?^C) Og4OOA ?'^ V Qfn p0?6MO?l?bCt?mt?C?aa whh?O. ..??.?-. V_j 1. °v a y c Z q 0 w a wow c?x J U °° v' 1'" ,,, an y U S [ 7 V 0 a .a c. In 0 2; M MMWC7 a) Re. P4 HrRv N NO Q Z? OViMP.m C7a C7 a 0. ?nrnv)mmu:0tntn? voa ?ao4 .1a a O ?oo ioo VltY Op p6w 0 to a C ? oG ]?o0??00 O?tRu °CV ? J ?7??70oWCy to ?q'0 UFF-C7C7hE-vein C7c?(-•nr?i?cJa3?+'3a?F 0 0, o? y co lq* ?^- J "• I ~ 4 7 In t, vvii i•1 n YN'1 vrql VS ++"1 kn V?'i; Vii Ln tm in Vt Wr vr),n %ni r- k,Y cZ ? V` t 1 1 s i i CLEARWATER COUNTRY C._UB MANAGEMENT, INC. STATEMENTS OF FINANCIAL POSITION DECEMBER 31, 2`009 AND 200.$ ASSET: CURR€NT A ? "Ir5 2009 Cash on hand 1 250Cashinbank - operating 57,884)Money market funds Escrow 48,011 Accounts receivable 150 766Inventories Bar 11,409 Paper supplies 1,765Food9,333Golfcoursesupplies31,149Proshop29772Totalcurrentassets225,631 PROPERTY IBUILD-IN7GS AND E PMENT Land Clubhouse Land improvements 692,907Golfcourseequipment669,835Kitchenequipment, furniture and fixtures 112,332Workinprogress Less accumulated depreciation Total property, buildings and equipment TOT6L ASSETS 1,475,074 2008 1,250 34,876) 41 942 199,340 10,896 1,411 9,394 39,090 30,509 257,996 692,907 661,913 112,332 6,430 1,473;582 1,086,94 386,638 574,754 $ 644,634 i The accompanying notes are an intF: ral part of these statements. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10068 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Appoint Michael Kachurik to the Board of Trustees, Clearwater Police Supplementary Pension Plan, in accordance with Florida Statute 185.05. (consent) SUMMARY: In keeping with the provision of Florida Statute 185.05, which states in part ”…the board of trustees shall consist of five members, two of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by the legislative body of the municipality…” Trustee Dirk Curls has indicated to the Board that he did not want to continue to serve on the Board of Trustees of the Clearwater Police Supplementary Pension Plan. His term expired on October 31, 2021. Michael Kachurik, who is a legal resident in the City of Clearwater, has agreed to fill the seat vacated by Dirk Curls. The Board of Trustees of the Clearwater Police Supplementary Pension Plan recommends that Clearwater resident (verified) Michael Kachurik be appointed to the Board of Trustees. Mr. Kachurik has agreed to complete a four 4-year term as trustee, replacing Dirk Curls, for the period commencing January 20, 2022, to October 31, 2025. Page 1 City of Clearwater Printed on 1/12/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10071 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve an agreement between the City of Clearwater and Flock Safety of Atlanta, Georgia, for License Plate Reader (LPR) equipment, monitoring and maintenance, in an amount not to exceed $200,000.00, to commence upon execution of the contract and expire four calendar years after the execution date, pursuant to City Code of Ordinances Section 2.563(1)(a), Single Source, and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 20, 2020, City Council authorized the purchase of technology and equipment to implement and construct a Real Time Crime Center (RTCC) within the main police headquarters building. The RTCC provides all facets of the agency with live intelligence relating to emerging criminal threats, threats to citizen/officer safety, and provides investigative leads using security cameras, LPR cameras and various databases. CPD concluded a no-cost testing and evaluation period with the Flock Safety LPR equipment in August 2021. During the testing and evaluation period, the Flock Safety LPR has generated the following activity as of December 21, 2021: 62 recovered stolen vehicles, 20 recovered stolen tags, 20 wanted persons, 15 other incidents (Baker Act assessments and missing / recovered subjects), and 5 recovered stolen firearms. The system has directly led to 106 total arrests and the recovery of approximately $1,200,222 worth of stolen property. Based upon this trial period and consultation with the City’s IT Department, CPD seeks approval to enter into an agreement with Flock Safety to provide equipment and maintenance for 20 Flock LPR cameras, mounting poles and power sources (solar) at a cost of $50,000.00 per year. The initial term for these services is 12 months with the option to renew by mutual agreement for three additional one-year terms. This purchase is eligible for single source consideration because The Flock Safety product is unique in its ability to function continuously using solar power exclusively. The use of solar power is both environmentally friendly and uniquely ensures the reliability of the product. the Flock Safety product is also the only product available today that directly integrates with CPD’s existing “Axon Evidence.com” digital evidence management system and CPD’s in-car Axon Fleet 3 mobile-video camera system. CPD anticipated this partnership and has funds available for the first year of this agreement. Page 1 City of Clearwater Printed on 1/12/2022 File Number: ID#21-10071 Future fiscal year funding will be required through the annual operating budget process. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY22 are available through 0101121-544100 Rentals-Equipment. Future fiscal year funding will be required through the annual operating budget process. Page 2 City of Clearwater Printed on 1/12/2022 Customer Implementation Guide Law Enforcement Implementation Timeline Implementation Team Things to Consider when Picking Locations Customer Responsibilities: ACPowered Cams Electrician Handout Electrician Installation Steps FAQs about ACPowered Flock Cameras Installation Service Brief Permitting: Pre-Install Questionnaire Timeline Right of Way AC Power vs. Solar Traffic Control & Installation Methods Paperwork & Required Forms Contacts *Fee Schedule Help Center Customer Support Implementation Timeline This timeline provides general guidance and understanding of your installation process. While we typically complete installations 68 weeks after locations have been finalized, delays can occur as noted in the timeline below: 1 Implementation Team Implementation Team How they will support you Project Manager Your Project Manager is your primary contact during camera installation. ●Your project manager will guide through the entire installation process, keeping you apprised of all implementation updates as well as answer any questions you have during this time. They will ensure that all the cameras are on the ground and operating for at least 48 hours before they transition you to your Customer Success Manager. Field Operations Team ●The Field Operations team is responsible for the physical installation and maintenance of cameras and associated equipment provided by Flock. This includes a large team of technicians, schedulers, and many others involved in ensuring the delivery of the product. ●They take the technical plan you finalized with Product Implementation and work closely with other teams at Flock to make sure that the cameras are installed quickly and safely, and in a way that maximizes the opportunity to solve crime at a specific location. ●*Note* For all Installation questions or concerns, please always direct them to your Customer Success Manager and not to the technician. Product Implementation Specialist Your Product Implementation Specialist is your technical product expert. They will help translate your goal for using Flock Safety cameras into a technical plan that can be executed and enable you to solve crime.Your specialist will work your Sales Rep to: ●Review the cameras in your deployment ●Ensure that the deployment plan is set up for success from a technological standpoint in addition to meeting your goals for the product ●If any of your locations require permits, a member of the Product Implementation team will assist you in packaging your application(s). 2 Relationship Team How they will support you Customer Success Manager Your Customer Success Manager is your strategic partner for your lifetime as a Flock customer. While the cameras are getting installed, your CSM will help get your account setup and get all key users trained on the system. Post Camera-Installation, your CSM will be your go to for most account related needs: You should reach out to them to: ●Set up Account Training ●Understand benefits of features ●Learning best practices for getting relevant data ●Identifying opportunities to expand the security network in your area ●Provide feedback on your partnership with Flock Flock Safety Support The Flock Safety Support team is committed to answering all your day-to-day questions as quickly as possible. To get in touch with support,simply email support@flocksafety.com. Support can help you: ●Request camera maintenance ●Troubleshoot online platform ●Contract / Billing questions ●Update account information ●Camera Sharing questions ●Quick “How to” questions in your Flock Account Please Note On some occasions, third parties outside of Flock Safety may be (or need to be) involved in your implementation. Outside Party When they may be involved Electrician/Street Department If the Flock cameras need to be AC powered, you (customer) are responsible for providing an electrician to ensure power connectivity Public Works LETo weigh in on use of public Right of Ways or property Department of Transportation DOT, City, or County agencies If installation in your area requires permitting 3 Things to Consider when Picking Locations Falcon Cameras ●Use Cases ○Flock LPRs are designed to capture images of rear license plates, aimed in the direction of traffic. ○Flock LPRs are not designed to capture pedestrians, sidewalks, dumpsters, gates, other areas of non-vehicle traffic, intersections ●Placement ○They capture vehicles driving away from an intersection. ○They cannot point into the middle of an intersection. ○They should be placed after the intersection, to prevent stop and go motion activation, or “stop and go” traffic. ●Mounting ○They can be mounted on existing utility, light, or traffic signal poles, or 12 foot Flock poles.**NOTE**Permitting (or permission from pole owner) may be required in order to use existing infrastructure or install in specific areas, depending on local regulations & policies. ○They should be mounted one per pole*. If using AC power, they can be mounted 2 per pole. ■*Cameras need sufficient power. Since a solar panel is required per camera, it can prevent sufficient solar power if 2 cameras and 2 solar panels were on a single pole (by blocking visibility). Therefore if relying on solar power, only one camera can be installed per pole. ●They can be powered with solar panels or direct wire-in AC Power (no outlets). **NOTE**Flock does not provide Electrical services.The agency or community must work with an electrician to wire the cameras once installed. Electrician services should be completed within 2 days of installation to prevent the camera from dying. ●They will require adequate cellular service using AT&T or TMobile to be able to process & send images Solar Panels ●Solar panels need unobstructed southern-facing views Pole ●If a location requires a "DOT Pole” (i.e. not Flock standard pole) the implementation cost will be $750/camera. 4 Customer Responsibilities: ACPowered Cams In the event the Flock cameras need to be AC-powered, the customer is responsible for acquiring an electrician and ensuring they connect the camera to power.See steps 2 and 6 below. Visit flocksafety.com/power-install for the full plan,FAQs & to get started! 5 Electrician Handout Electrician Installation Steps 1.Run AC cable and conduit to the box according to NEC Article 300 and any applicable local codes. The gland accepts ½” conduit 2.Open the box using hinges 3.Connect AC Mains per wiring diagram below: a.Connect AC Neutral wire to the Surge Protector white Neutral wire using the open position on the lever nut. b.Connect AC Line wire to the Surge Protector black Line wire using the open position on the lever nut. c.Connect AC Ground wire to the Surge Protector green ground wire using the open position on the lever nut. 4.Verify that both the RED LED is lit on the front of the box 5.Close box and zip tie the box shut with the provided zip tie 6.While still on site, call Flock who will remotely verify that power is working correctly: Southeast Region - 678 5628766 West-Region - 804 6079213 Central & NE Region - 470 8684027 6 FAQs about ACPowered Flock Cameras -What voltage is supported?The AC kit is designed to work with 120VAC infrastructure by default. A 240VAC version is available on request. -How much power does this consume?Peak current draw is 1.5 A at 120VAC. Average power draw is roughly 30W in high traffic conditions, but may be lower when less vehicles are present. -Who is responsible for contracting the electrician?The customer is responsible for contracting an electrician. We can help answer questions, but the customer is responsible for identifying and contracting an electrician. -Who is responsible for maintenance?Flock will handle all maintenance related to the camera and power equipment installed by Flock. However, any problems with the electrical supply are the responsibility of the customer. The AC junction box has two lights to indicate the presence of power and make it easy for quick diagnosis if there is a problem related to the AC power source. -In the event the camera indicates to Flock that there is a power supply problem, Flock will notify the customer and request that the customer verify the lights on the AC junction box. If the AC Source light is illuminated, Flock will send a technician to investigate. If the AC source light is not illuminated the customer should check any GFCI’s or breakers in the supply circuit or call the electrician who installed the power supply. -How much does it cost?Work required to bring AC power to each location will be different, so exact pricing is not possible. The primary driver of cost is the distance from AC power source to the intended camera location. -What information do I need to provide my electrician?The Flock deployment plan and these work instructions should be sufficient to secure a quote. It will be helpful if you know the location of existing power infrastructure before creating the deployment plan. -Can you plug into my existing power outlet?The Flock AC power adapter does not use a standard outlet plug, but must be directly wired into the power mains. While using outlet plugs may be convenient, they can easily be unplugged presenting a tampering risk to this critical safety infrastructure. If an outlet is close to the camera, the electrician can route power directly to the camera with a direct wire-in connection. -How long does this process typically take?The installation process typically takes 68 weeks. In order to accelerate the process, be sure to have the electrician perform his work shortly after the Flock technician finishes installing the camera. -What kind of electrician should I look for?Any licensed electrician should be able to perform this work, though we have found that those who advertise working with landscape lighting are most suited for this work. -What happens if the electrician damages the equipment?The customer is responsible for contracting the electrician. Any liability associated with this work would be assumed by the customer. If any future work is required at this site due 7 to the electrical infrastructure or the work performed by the electrician would be the responsibility of the customer. -When should the electrician perform his work?Once Flock installs the camera, you will receive an email alert letting you know that this has been completed. After this, you will need to schedule the electrician to route power to the pole. -What if my electrician has questions about Flock’s AC Kit?You should share the ACPower Kit Details packet with the electrician if they have questions -What if the AC power is on a timer?Sometimes the AC power will be on a timer (like used for exterior lighting). Flock requires that the AC power provided to the camera be constant. The source that the electrician uses must not be on a timing circuit. 8 Installation Service Brief Below outlines the statement of work for the Flock Camera Installation: What is covered by Flock What is NOT covered by Flock Special note Flock Cameras & Online Platform Traffic Control and any associated costs Mounting Poles *DOT Approved Pole cost Electrician & ongoing electrical costs AC Power Kit (as needed) Engineering Drawings Solar Panels (as needed) Relocation Fees exc. changes during initial installation Site Surveys and Call 811 Scheduling Contractor licensing fees Installation Labor Costs Permit application processing fees Customer Support / Training Specialist mounting equipment Including, but not limited to, **MASH poles or adapters Cellular Data Coverage Bucket trucks Maintenance Fees (review Fees Sheet for more details) Loss, theft, damage to Flock equipment Data storage for 30 days Camera downtime due to power outage Only applicable for AC-powered cameras *if a location requires a "DOT pole" (i.e. not our standard) the implementation cost will be $750/camera; This cost is applicable for installations in GA, IL, SC, TN, and CA. **MASH poles:Manual for Assessing Safety Hardware MASH presents uniform guidelines for crash testing permanent and temporary highway safety features and recommends evaluation criteria to assess test results 9 Permitting: Pre-Install Questionnaire 1.Timeline ○In Flock Safety’s experience, in-depth permitting requirements can add 2 months to the installation timeline.Law enforcement agencies and city governments can work with their local Public Works or Department of Transportation offices directly to help expedite the process.When Flock Safety customers manage the permitting processes, results tend to come more quickly. ○Is your agency able to own the permitting process with Flock Safety’s assistance? 2.Right of Way ○Will any of the Flock Safety cameras be installed on city, state or power company owned poles or in city, county, or state Right of Way RoW? ■What is the RoW buffer? ■Will additional permits or written permission be required from third-party entities (such as DOT, power company,public works, etc? ○Will any cameras be installed on city-owned traffic signal poles (vertical mass)? ■If yes, please provide heights/photos to determine if a bucket truck is needed for the installation. ●Note: If height is greater than 15 feet tall, a bucket truck is required. 3.AC Power vs. Solar ○If AC powered, is there a 120V power source available, and is there access to an electrician who can connect the existing wire to the Flock Safety powered installation kit? link) ○If solar powered, consider the size of the solar panel and potential to impact visibility of DOT signs/signals: ■Single Panel: 21.25" x 14" x 2" Length x Width x Depth) ■Double Panel: 21.25" x 28" x 2" LxWxD 4.Traffic Control & Installation Methods ○If a bucket truck is required, this typically necessitates a full lane to be blocked in the direction of travel.Can you provide a patrol car escort, or will full traffic control be required? ■Note: If traffic control is required, you may incur additional costs due to city/state requirements; Fees will be determined by quotes received. ○If full traffic control required (cones, arrowboards, etc.): 10 ■Will standard plans suffice, or are custom plans needed? Custom plans can double the cost, while standard plans can be pulled from the Manual of Uniform Traffic Control Devices (MUTCD). ■Will a non-sealed copy of the traffic plan suffice? Or does the traffic plan need to be sealed and/or submitted by a professional engineer? ■Are there state-specific special versions/variances that must be followed? ○If a bucket truck is not required, the shoulder or sidewalk should suffice and enable Flock Safety to proceed without traffic control systems in place. ■Note: In some states (i.e. California), sidewalks may require signage. If signage is mandatory, Will your Public Works department be able to assist? 5.Paperwork & Required Forms ○Flock Safety will need copies of paperwork to complete prior to proceeding (ex. business license applications, encroachment permit applications). We can save critical time by gathering these documents upfront. We appreciate your assistance in procuring these. 6.Contacts ○If Flock Safety will need to interface directly with the departments, please share the contact information of the following departments: ■Permitting ■Public Works ■Traffic Department 11 *Fee Schedule After a deployment plan with Designated Locations and equipment has been agreed upon by both Flock and the Customer, any subsequent changes to the deployment plan (“Reinstalls”) will incur a fee per the table below. These changes include but are not limited to camera re-positioning, adjusting of camera mounting, re-angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock Safety shall have full discretion on decision to reinstall Flock Hardware. All fees are per reinstall or required visit (in the case that a reinstall is attempted but not completed) and include labor and materials. If you have any questions, please email support@flocksafety.com. *Below fee schedule is subject to change; see HERE for the most up to date information 12 Billing 5.1b Falcon Fees.For Falcon products during the Initial Term, Agency will pay Flock fifty percent (50%) of the first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form, together the “Initial Fees”) as set forth on the Order Form on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty-five percent (25%) of the Initial Fees, and Agency shall pay on or before 30th day following receipt of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For a Renewal Term, as defined below, Agency shall pay the entire invoice on or before the anniversary of the Effective Date 6.1b Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Initial Term”). The Term shall commence upon first installation and validation of a Unit.Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms for the length set forth on the Order Form (each, a “Renewal Term”, and together with the Initial Term,the “Service Term”)unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. 13 Help Center Our Help Center is filled with tons of resources to help you navigate through the online platform. Below you will find some common questions and their relevant help article: How do I search camera footage? How do I add a user? How do I add a vehicle to my own Hot List? How do I enable browser notifications for Hot List alerts? How do I get text alerts for Hot List? How do I request camera access from other nearby agencies? How do I use the National Lookup to search for a plate?National Lookup -network of law enforcement agencies that have opted to allow their network of Flock cameras to be used for searches) How do I reset my / another user’s password? Customer Support You can reach our customer support team anytime by emailing support@flocksafety.com.They can help answer any “How-To” questions you may have. 14 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9527-22 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed 2637 Winding Wood Drive, Clearwater to vacate 12 feet of a platted Drainage and Utility Easement, located on lot 52, Cypress Bend of Countryside Unit One, according to the plat thereof as recorded in Plat Book 76, Page 10, of the Public Records of Pinellas County, Florida, and pass Ordinance 9527-22 on first reading. SUMMARY: The property owner at 2637 Winding Wood Dr., Clearwater has requested that the City vacate 12 feet of a platted Drainage and Utility Easement along the rear of their property. The purpose of this vacation will be to eliminate an encroachment of the existing patio pavers. There are no city utilities present within this easement. All private utility companies have no objection to the vacation provided the property owner grants easement or bears expense of facility relocation, if required. The remaining easement will be sufficient for drainage & utility purposes and future city needs. City staff have reviewed this vacation and have no objection. Page 1 City of Clearwater Printed on 1/12/2022 26 19 2513 2519 2525 2 7 6 5 2763 2625 2761 2 7 5 3 2631 2637 2655 2 7 4 3 2739 2 7 5 5 27572737 2643275927452741 2649 WINDINGWOODDRDOGWOOD CT AERIAL MAP 12' Portion to be Vacated ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB SK N.T.S.222A 29-28s-16e12/15/2021Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Proposed Vacation of 12' of a PlattedDrainage & Utility Easement2637 Winding Wood DriveEXISTING DRAINAGE AND UTILITY EASEMENTCYPRESS BEND PARK(CITY OWNED) Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\AerialEasVac_2637WindingWood.mxd [RE15-1313-080/282620/1] 1 Ord. No. 9527-22 ORDINANCE NO. 9527-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING 12 FEET OF A PLATTED DRAINAGE AND UTILITY EASEMENT, LOCATED ON LOT 52, CYPRESS BEND OF COUNTRYSIDE UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 76, PAGE 10, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” (attached hereto and incorporated herein), has requested that the City vacate said drainage and utility easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said drainage and utility easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A drainage and utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the following conditions precedent: 1. Frontier Communications has facilities in the area, which may be in conflict with the proposed construction plans. The Property Owner must contact Sunshine 811 by dialing 811, 2 full business days prior to the start of any work to have these facilities located. All necessary precautions must be taken to protect and avoid damage of these facilities during construction. 2. WOW! Maintains facilities within this area that conflict with the vacation request. WOW! Has no objections provided easements for their facilities are granted and/or applicant bears the entire expense for relocation of associated WOW! Services. [RE15-1313-080/282620/1] 2 Ord. No. 9527-22 3. Charter/ Spectrum has no objections provided applicant bears the expense for relocation of any Spectrum facilities to maintain service to customers affected by the proposed Vacate. 4. Easements granted and/or actions taken as required above by each entity, shall be in the location and in accordance with the terms of which are acceptable to the respective utility providers. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Mahony Rosemarie Call Senor Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10102 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Approve the final plat for Unity Church and Discovery Academy of Science, whose physical address is 2465 Nursery Road and located on the southwest corner of Nursery Road and South Haven Drive. (consent) SUMMARY: This plat is a partial replat and will create 2 lots on the property located at 2465 Nursery Road. Lot 1 is approximately 2 acres with plans for future use as a place of worship use. Lot 2 is approximately 5 acres planned for a proposed expansion of the existing school. This plat was approved through the Development Review Committee on October 18, 2021. Page 1 City of Clearwater Printed on 1/12/2022 US Hwy 19 NBELLEAIR RD NURSERY RD E US-19 FRONTAGE RDW US-19 FRONTAGE RDSTEWART BLVD SUMMERLIN DR S HAVEN DR HARN BLVD HAVANA DR WILLIAMS DR FAIRBANKS DR GLENANN DR EXCALIBER DR SANTA CRUZ AVE LACONIA DR ERANCHWOOD DR LACONIA DR WMONTE CARLO DR AMBROSIA DR WHISPERING PINES DR BURNS DR LIMA WAY WINCHESTER RD ROSETREE CT WILLIAMS CT BRIDGE WAYLOCATION MAP PROJECTLOCATION Document Path: C:\Users\Kelsey.Troyer\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Unity Church and Discovery Academy of Science - A Partial Replat.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Unity Church andDiscovery Academy of Science- A Partial Replat Page: 1 of 1 N.T.S.Scale:12/28/2021Date:KVReviewed By:KTMap Gen By: Legend Clearwater Service Area Clearwater Parcels Area not in Clearwater Jurisdiction A REPLAT OF LOT(S) 1, 2, AND 3, SOUTH HAVEN SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGE 69,AND A PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EASTCITY OF CLEARWATER, PINELLAS COUNTY, FLORIDAcM NEAL ENGINEERING, INC.SHEET OF SHEETSUNITY CHURCH AND DISCOVERY ACADEMY OF SCIENCE - A PARTIAL REPLATPRIVATE DEDICATIONUnity-Clearwater, Inc., a Florida non-profit corporation (also known as Unity Clearwater, a non-profit corporation) (Owner) as the owner of the hereindescribed lands which are being platted into the subdivision of UNITY CHURCH AND DISCOVERY ACADEMY OF SCIENCE - A PARTIAL REPLAThereby dedicate this plat for record, and declares the following:The Private Ingress and Egress Easement (at the Northeast corner of Lot 1) is not dedicated to the PUBLIC, but is private, and is hereby reserved byowner for the benefit of the owner(s) of Lot 2 for access for ingress and egress of lot owner(s), their guests and invitees. This Private Ingress andEgress Easement is not dedicated to the PUBLIC and will be privately maintained.Wetland Conservation Area "A" is to remain in its natural state. Wetland Conservation Area "A" is not dedicated to the PUBLIC and will be privatelymaintained.Owner hereby grants to the City of Clearwater, a political subdivision of the State of Florida, the right to use all utility and drainage easements asshown hereon. Any maintenance, repair or replacement responsibility relating to pipes, structures, retaining walls, aesthetic and vegetationconsiderations, in and upon drainage easements are a private function neither assigned nor accepted by the City of Clearwater.12GENERAL NOTES1. Subdivision plats by no means represent a determination on whether properties will or will not flood. Land within the boundaries of this plat may or may not be subject to flooding; the City of Clearwater Building Department has information regarding flooding and restrictions on development.2. Subject property lies within Flood Zone "AE" (Elevaion =9.00 Feet) and Zone "X", according to Flood Insurance Rate Map 12103C0128H, prepared by the Federal Emergency Management Agency, last revised August 24, 2021. 3. The Shared Parking Easement (along the western border of Lot 2) is for the benefit of the owner of Lot 1 and will be further described and recorded in the Public Records of Pinellas County, Florida. There may be additional restrictions that are not recorded on this plat that may be found in the Public Records of Pinellas County, Florida.4. Bearings shown hereon are relative to the Florida State Plane Coordinate System, West Zone, 1983-2011 adjustment, holding the West line of SOUTH HAVEN SUBDIVISION as recorded in Plat Book 33 Page 69 of the Public Records of Pinellas County, Florida as being S.00 degrees 04'29”W.5. All platted utility easements will provide that such easements will also be easements for the construction, installation, maintenance, and operation of cable television services; provided, however, no such construction, installation, maintenance, and operation of cable television services will interfere with the facilities and services of an electric, telephone, gas, or other public utility.6. Wetland Conservation Areas shown hereon shall be retained in its natural state pursuant to the City of Clearwater Land Development Code (LDC) as amended. In addition, a thirty foot (30') setback from the Wetland Conservation Area is required and will conform to the provisions stipulated within the City of Clearwater Land Development Code.7. Wetland Conservation Area “A” shown hereon was delineated by Mr. Robert Upcavage, an Environmental Scientist with Environmental Consultants, Inc. on July 31, 2021.8. By execution of this Plat, the City of Clearwater hereby releases that certain Declaration of Unity of Title recorded in Official Records Book 7284, Page 173 and hereby consents to the release and termination of those Restrictions recorded in Official Records Book 3117, Page 330, both of the Public Records of Pinellas County, Florida.DESCRIPTIONA parcel of land lying within Lot(s) 1, 2 and 3, SOUTH HAVEN SUBDIVISION, as recorded in Plat Book 33 Page 69 and in theSouthwest 1/4 of the Southeast 1/4 of Section 19, Township 29 South, Range 16 East, all lying and being in Pinellas County,Florida and being more particularly described as follows:BEGIN at the Northwest corner of Lot 1 of said SOUTH HAVEN SUBDIVISION; thence S.89 degrees 26'40”E., on the Northline of said Lot(s) 1 and 2 also being the South right of way line of Nursery Road (County Road No. 115), a distance of132.05 feet to the Northeast corner of said Lot 2; thence S.00 degrees 54'11”W., departing the South right of way line ofsaid Nursery Road (County Road No. 115) and on the East line of said Lot(s) 2 and 3 also being the West right of way line ofSouth Haven Drive, a distance of 225.16 feet; thence N.89 degrees 21'10”W., departing the West right of way line of saidSouth Haven Drive and on the South line of said Lot 3, a distance of 132.73 feet the Southwest corner of said Lot 3 alsobeing a point on the West line of said SOUTH HAVEN SUBDIVISION; thence S.01 degrees 04'29”W., on the West line of saidSOUTH HAVEN SUBDIVISION, a distance of 412.86 feet; thence N.89 degrees 20'28”W., continuing on the West line of saidSOUTH HAVEN SUBDIVISION, a distance of 1.19 feet to the Northeast corner of ARCHWOOD, as recorded in Plat book 49Page 42 of the Public Records of Pinellas County, Florida; thence N.89 degrees20'28”W., on the North line of saidARCHWOOD, a distance of 443.82 feet to a point on the East line of the West 215.00 feet of the Southwest 1/4 of theSoutheast 1/4 of said Section 19; thence N.00 degrees 51'06”E., on the East line of the West 215.00 feet of the Southwest1/4 of the Southeast 1/4 of said Section 19, a distance of 637.00 feet to a point on the South right of way line of saidNursery Road (County Road No. 115); thence on the South right of way line of said Nursery Road (County Road No.115)the following four (4) courses, (1) S.89 degrees 26'40”E., a distance of 83.71 feet, (2) S.00 degrees 33'20”W., a distance of7.00 feet, (3) S.89 degrees 26'40”E., a distance of 363.73 feet and (4) N.01 degrees04'29”E., a distance of 7.00 feet to thePOINT OF BEGINNING.Parcel contains 7.16 acres, more or less.SURVEYOR'S REVIEW FOR CONFORMITYCHAPTER 177, PART 1, FLORIDA STATUTESPursuant to Section 177.081, Florida Statutes, I have reviewed this plat for conformity to Chapter 177, Florida Statutes, and find that saidplat complies with the technical requirements of that Chapter; provided, however, that my review does not include field verification of anyof the coordinates, points or measurements shown on this plat._________________________________ ____________Kyle R. Vaughan DateFlorida Professional Surveyor and MapperLicense Number LS 7299 - State of FloridaCity of Clearwater, Engineering DepartmentSURVEYOR'S CERTIFICATEI, the undersigned Professional Surveyor and Mapper, hereby certify that this Subdivision Plat is a correct representation of the land being subdivided;that this plat was prepared under my direction and supervision; that this plat complies with all the requirements of Chapter 177, Part I, Florida Statutes,and the City of Clearwater Land Development Code: that Permanent Reference Monuments (PRMs) were set on the 24th day of July, 2021, as shownhereon; and that lot corners will be set per requirements of Florida Statutes.By: ________________________________________________Dennis J. BenhamProfessional Surveyor and Mapper No. 4697State of FloridaMcNeal Engineering, Inc.Licensed Business No. 8384CLERK OF THE CIRCUIT COURTState of FLORIDACounty of PINELLASI hereby certify that this Subdivision Plat meets the requirements, in form, of Chapter 177 Part I of the Florida Statutes, and has been filed for record inPlat Book ______, Page ______, of the Public Records of Pinellas County, Florida.By: ________________________________________ Clerk of the Circuit CourtBy: ________________________________________ Deputy ClerkThis _____ day of __________, 20____.OWNERUNITY CLEARWATER, a Florida non-profit Corporationa.k.a. UNITY-CLEARWATER, INC., a Florida non-profit corporationLeddy Elaine Hammock DateWitness WitnessPrint Name Print NameACKNOWLEDGEMENTState of FloridaCounty of PinellasThe forgoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this _____ day of_______________, 20_____ by Leddy Elaine Hammock who are personally known to me or have produced ____________________ asidentification._____________________ Notary PublicNotary Seal _______________________ My commission expires: ________________CERTIFICATE OF APPROVAL OF CITY COUNCILState of FLORIDACounty of PINELLASIt is hereby certified that this plat has been officially approved for record by the City Council of the City of Clearwater, Pinellas County,Florida this _____________ day of _____________________________, 20____._________________________________ ____________Jon P. JenningsDateCity ManagerNOTICEThis plat, as recorded in its graphic form, is the official depiction of the subdivided lands described herein and will in no circumstances be supplantedin authority by any other graphic or digital form of the plat. There may be additional restrictions that are not recorded on this plat that may be found inthe public records of this county. A REPLAT OF LOT(S) 1, 2, AND 3, SOUTH HAVEN SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGE 69, AND A PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA cM NEAL ENGINEERING, INC. SHEET OF SHEETS UNITY CHURCH AND DISCOVERY ACADEMY OF SCIENCE - A PARTIAL REPLAT 2 2 LEGEND S 89°26'40" E 363.73' NORTH S 89°26'40" E 132.05'S 89°26'40" E 83.71' N 89°21'10" W 132.73' N 89°20'28" W 443.82'N 00°51'06" E 637.00'S 01°04'29" W 412.86'S 00°54'11" W 225.16'L2 L3 LOT 1 LOT 2 POINT OF BEGINNING L1 L1N 89°20'28" W 443.82' (O/A)S 00°04'29" W 412.86' (O/A)WETLAND CONSERVATION AREA "A"DETAIL A UNPLATTED Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10066 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Approve a purchase order increase to Parkmobile, LLC of Atlanta, Ga, for reimbursement of transaction fees for mobile parking in the amount of $135,000 for a new total of $356,060.00, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) SUMMARY: June 18, 2020, City Council approved a Parking Service Agreement for pay-by-cell technology between the City of Clearwater and Parkmobile in an amount not to exceed $221,060.00 for the period of July 9, 2020 through January 31, 2023. Use of the Parkmobile parking application has an end user fee of $0.35 per transaction which is charged to the end user. All transaction revenue is paid to the Parking Division, including the transaction fee which the City later reimburses to Parkmobile. The initial amount was estimated on usage of 631,600 transactions. Since the purchase order was approved, the use of contactless payments has increased, and the usage of coin has drastically decreased due to the pandemic. Also, single spaced meters were replaced by multi-space pay stations increasing the number of patrons choosing to use the mobile application. It is now projected that expected transactions between February 2022 through January 31, 2023, will be 546,000, an increase of about 385,714 transactions at $0.35. With the new projection, the Parking Division is requesting an increase of $135,000 for a new total of $356,060.00. APPROPRIATION CODE AND AMOUNT: 4351333-530300 $135,000 Funds are available in cost code 4351333-530300, Contractual Services, to fund this increase. Future year funds will be requested as part of the budget process. Page 1 City of Clearwater Printed on 1/12/2022 t':i C}1 Pigg ack tgreement This PiggYback Agreement {this "A reement"} made and enterec intc as of this 9th day c f .iu1y, 2Q2Q Effective D te"} is by and between Parkmc bile, LC, a[elaware limited liability cc mpany {"Farkm bile"} anc the City of Clearwater Fl rida, a municipal corporation with its place of k usiness t City c f Ciearv,rater Parkir g System, 1{}(} S. Myrtle Ave, Ste 220, Clearwater, F orida 33756 {"C earwater"}. Parkrr obile and Clearwater may be referred to collectively as the "Parties" or individually as a"} tt WHEREAS, the Parties agree that Parkmobile has entereci inta a contract with the City of Miarni Beach, F(orida, saic contract eing dentifiecl as: Parking Pay by Phone Services Agreement dated February 1, 2C}1 {he Underl tin; Contract"; ar d ft IfWHEREAS, the Underlying Contract is incorporated herein by reference and is attached as ExF ibit A tc this con ract. Ali of the terms and conditions set forth in the Underlying Contract are full binding on the Parties and saicl terms and conc itions are incorporatec herein; anci WHEREAS, notwithstanding the requirement that the lnderlying ntract is f lly inding an the Parties, the Parties have agreed ta mc t ify certain technical provisic ns Qf the Unclerlying Contract as app ied to this Agreement between ParkmaEaile and Clearwater. N{}W THEREFQRE, in consideration of the mutual covenants and agreements c€nt ir ed herein and other gc od anci valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as #oilows. 1. Recitals. The above reciials are hereby inc rporated herein. 2. Definitions. t efined or capitalized terms used herein that are not defined by this Agreeme t sha[i have their rrtieaning set out in the lnderiying Contract. Any reference to the City of rliami Beach, Flvrida 4r City` in the Underlying C ntract shall refer to the City af Clearwater fc r the purpc ses c f t is reement. All references to Parkmobile USA, Inc. or `Parkmobile' in the Underlying Cc ntract shall refer tc Parkmobiie, C for the purp ses af this Agreemer t. 3. Address Chan e for the City c f Clearwater, Notwithstanding the acidress and co tact infQrmation f r the goverrtment entity set forth in Exhibit A, Parkmobi{e agrees that it wiil send n tices, invaices, a d wili conduct al[ business with the City c f Clearwater Parking System, 1 S. Myrtle re, Ste 22(}, Clearv,rater, Floric a 33756; sue.tellier myclearwater,corr. ddress Chan e fc r Paricmobife. N€iwithstanding t e address anc! cc ntact infc rmation for Parkmab le set fortl in ExF ibit A, Clear vater agrees that it will send notices and will cor duct all b siness with Parkmobile, i C, 110Q Spring St NW, Ste 20{}, Atlanta, GA 30309; -a=.-. t „ „ 5. Exhibit C to Underlyin Contract i}eleted. Exhiiait C to the Underlying C ntract is deiete in its entirety, and is replaced with The Pricing Proposal for this Agreement as follouvs. Convenience fee paid by Residents* No Fee Convenience fee paid by Nan-Residents $ 0.35 rev. a 2Q 1 ot 3 Park c ile ; r Parkmobile agrees ta offer any Clearwater qualified resic ent no convenience fee for using our mabile payment service. Tc qualify for this concessian, resiclents must have all three of the following required dacuments: o Valid Photo I — Issued iay local state c r federal agency {[3river's license, passport) o Valid Vehic[e Registratic n — Vehicle registration be[onging ta the person requesting the residentia[ permit. Address on registration and phota I[ must match. Voters registration card Mail received within the last 30 days Property Tax state ent last one received} 6. Ap licabie aw, This Agreement shall be construed according to the laws of th State af Florida. Jurisd ction and uenue f r any legal acti€n in connection herewith, whether so r ding in c tract r tc rt, shall lie in Pinellas County, Florida. Each party waives the right tt a jury tria. 7. Qther Provisic ns Unchan ed. 11 c ther provisions in the U derlying Corttract are fuliy binc ing €n the Parties artd will represent the agreement between the City of Clearwater anti Parkmobile. 8. Counterparts, This Agreement may be executed in cc unterparts, each f which shall be deemed ar original, but all of which shall be deemed to constitute one and the same instrument. 9. Entire A reement. This Agreement contains the entire agreement c f the Parties with respect to the matters set f rth herein and may only be changed by an agreement in writing sigr ed by the Parties, AI ot er terms and provis ons c f the Agreement remain in f ll force and affeci. i * • ! rev. 04/2i} 2 of 3 Piggyback Agreement o, ,, ,ro ti . 1 1 WIT lESS WNERE F, this PiggYback A eeement has been e ecutetl as c f th day and year first written abc ve. By: larr: itl< t ate: ank V. Nibbard 1 lilliam B. F c me, 11 Mayc r City Manager Approved as tc fc m: Attest. f f f-'''_ Mich el P. Fuinc Rc semarie ai1 Senic r ssistant Gity ttorn y City Cler c rev. 0 2t} 3 of 3 kgFfifPrf 4} : j.. a r Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10081 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Approve Supplemental Work Order 1 to Advanced Engineering and Design, Inc., of Pinellas Park, FL, for additional design of Nash Street and Old Clearwater Bay Improvements in the amount of $129,974.90 for a new contract total of $675,763.91 pursuant to Request for Qualifications (RFQ) 29-20 and authorize the appropriate officials to execute same. (consent) SUMMARY: The existing stormwater infrastructure in the Old Clearwater Bay and Nash Street neighborhoods is nearing the end of their useful lifespan. The project will consist of replacing and or improving the potable water, wastewater, stormwater systems, and reconstruction of the roadway, providing reliable infrastructure for many years. February 4, 2021, City Council approved RFQ 29-20 Nash Street and Old Clearwater Bay Improvements to Advanced Engineering for initial design work order in the amount of $545,789.01. Supplemental work order 1 includes addition of a reclaimed water distribution network within the Nash Street portion of the project. Scope includes design, cost estimating, construction drawings, specifications, bid documents, as-needed permit acquisition and limited construction phase services through the duration of the project. This proposed expansion of the reclaim water system supports the City’s Water Reclamation Facility Master Plan as well as new legislation, SB 64, eliminating nonbeneficial discharge of reclaim water to surface waters of the state. The construction portion of this project will be bid using two separate contracts, the Nash St . portion followed by the Old Clearwater Bay portion. Design of the Gulf to Bay Estates neighborhood (referred to as Nash St.) has begun. APPROPRIATION CODE AND AMOUNT: 32173217-530100-96739 $129,974.90 Funds are available in capital improvement project in amounts of $129,974.90 in 96739, Reclaimed Water Distribution System, to fund this work order. Page 1 City of Clearwater Printed on 1/12/2022 Advanced Engineering & Design, Inc. City of Clearwater Consultant Work Order Page 1 of 11 Revised: 10/27/2021 CONSULTANT SUPPLEMENTAL 1 WORK ORDER Date: 11/04/2021 1. PROJECT INFORMATION: Project Title: Nash Street and Old Clearwater Bay Improvements Gulf to Bay Estates Reclaimed Water Expansion City Project Number: 19-0032-EN City Plan Set Number: 2018026 Consultant Project Number: 21.CL-38 2. SCOPE OF SERVICES: Roadway, stormwater and utility improvements are proposed within the Gulf to Bay Estates neighborhood. These improvements are currently being designed under City Project No. 19-0032-EN. Preliminary design comments were recently received and the City reported that reclaimed water expansion is desired within the project area. An existing reclaimed water system is not present. Expansion of the reclaimed water network within the project limits will require the construction of a transmission main as well as a distribution network within the Gulf to Bay Estates neighborhood. The point of beginning for the transmission main will be approximately 700 linear feet (LF) north of the Old Coachman Road / Nash Street intersection. The transmission main will be installed within the eastern right-of-way of Old Coachman Road and cross this County- owned roadway at Nash Street. The transmission main will then continue west on Nash Street for approximately 1,500 LF until the intersection of Nash St. and S. Fernwood Ave. Layout of the distribution system will occur within the footprint of the project limits associated with City Project No. 19-0032-EN. Transmission main and distribution network sizing is to be performed by others. The design, permitting and construction of the reclaimed water improvements will be done in conjunction with the overall project. CONSULTANT SUPPLEMENTAL 1 WORK ORDER Nash Street and Old Clearwater Bay Improvements Gulf to Bay Estates Reclaimed Water Expansion Advanced Engineering & Design, Inc. 19-0032-EN City of Clearwater Consultant Work Order Page 2 of 11 Revised: 10/27/2021 All deliverables shall be compiled using the City of Clearwater CAD standards, as attached. I. RECLAIMED WATER DESIGN, PERMITTING, BIDDING AND CONSTRUCTION SERVICES 18.01 The City-provided topographic survey will be field verified based upon surficial observation. AED will submit a formal data request outlining the specific records that are being requested for design. Information provided by the City in response to the data request will be reviewed and findings will be incorporated into the proposed improvements. Platted easements will be identified on the topographic survey. 18.02 AED shall prepare a basesheet utilizing the topographic survey and available utility information. Preliminary utility coordination will be performed by AED. Basesheet modification will be performed, as needed, in order to document the findings of this task. 18.03 The Technical Memorandum, prepared by others, will be reviewed to determine transmission and distribution main sizing. Coordination will be performed, as needed, should clarification be needed or supplemental recommendations requested. 18.04 Transmission main alignment options will be identified for the segments on S. Old Coachman Rd. and Nash St. Alignment options will consider method of construction and overall constructability. 18.05 Proposed corridors for reclaimed water distribution facilities will be identified utilizing corridor information developed in other project subtasks. A preliminary alignment will be selected, delineated and presented within the Technical Memorandum. 18.06 A Pre-Application Meeting will be attended by AED to present the project and ascertain permitting requirements and conditions. 18.07 A Technical Memorandum will be prepared for the transmission and distribution improvements. This memorandum will include discussion on CONSULTANT SUPPLEMENTAL 1 WORK ORDER Nash Street and Old Clearwater Bay Improvements Gulf to Bay Estates Reclaimed Water Expansion Advanced Engineering & Design, Inc. 19-0032-EN City of Clearwater Consultant Work Order Page 3 of 11 Revised: 10/27/2021 multiple design-related items including, but not limited to, corridor and alignment options, design criteria, method of construction, overall constructability, land use permissions and other pertinent matters. 18.08 A preliminary opinion of probable cost will be prepared itemizing only reclaimed water elements of the project. Proposed pay items will be developed for reclaimed water work tasks. 18.09 AED will attend a meeting with City personnel to discuss comments to the Technical Memorandum. Meeting minutes will be prepared by AED and distributed to the City for review and commentary. 18.10 Private utility coordination will continue throughout the development of the 60% plans. Subsurface Utility Engineering (SUE) will be performed to obtain quality level “A” locates. Revisions to the construction plan basesheets (in both the plan and profile views) will be performed based upon the findings of these field activities. The proposed scope of works assumes between 12-16 “soft digs” to verify vertical and horizontal utility location. 18.11 Insitu soils will be assessed in a preliminary manner. Proposed boring locations will be mapped and provided to the City for review. Once approved, formal soil assessment activities will commence. This assessment will assist AED in determining: – Normal and seasonally adjusted groundwater elevations - The existing roadway’s base / asphalt thickness where restoration of roadways may be needed. - The relative density of insitu materials. - The ability to the insitu material to be used as suitable backfill associated with drainage and utility improvements - The presence of unsuitable or undesirable material that will need to be removed to facilitate the proposed improvements. With stormwater management facility (i.e. pond) design not proposed for this project, porosity and conductivity are subsurface characteristics that will not be assessed. Furthermore, soil sampling for the purposes of CONSULTANT SUPPLEMENTAL 1 WORK ORDER Nash Street and Old Clearwater Bay Improvements Gulf to Bay Estates Reclaimed Water Expansion Advanced Engineering & Design, Inc. 19-0032-EN City of Clearwater Consultant Work Order Page 4 of 11 Revised: 10/27/2021 detecting metals, VOC’s, SVOC’s or any other contaminant is not proposed. Please note that, in the event unsuitable material is found to be present and removal is required, the limits of unsuitable material will be identified in the construction plans. Mapping of these limits will be done using the boring information and any other observations that may suggest the presence of unsuitable material. Obtaining secondary borings to further map the limits of unsuitable material (if found) is not proposed within this task. Findings from this field investigation will be reviewed and incorporated into the construction plans. 18.12 Written responses will be prepared for City commentary focusing on the reclaimed water elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a 60% completion level. 18.13 Plan detailing will be performed. This effort will include general recommendations for field testing and pre-operation maintenance. Supplemental plan sheets will be prepared and incorporated into the construction plans. 18.14 Previously developed opinions of probable cost will be further developed to incorporate the 60% design level elements. Scope itemization will be performed to the extent desired by the City. 18.15 The technical specifications will be expanded to include the proposed reclaimed water scope of work. City-standard specifications will be reviewed in detail and project-specific deviations, modifications and clarifications will be included within Section IVa. Section IVa will also include a Measurement and Payment section which will identify the specific subtasks required for each reclaimed water pay item. 18.16 The letter narrative, which discusses design assumptions, will be expanded by AED to incorporate the reclaimed water scope of work. This document will identify where clarification and / or input is needed from CONSULTANT SUPPLEMENTAL 1 WORK ORDER Nash Street and Old Clearwater Bay Improvements Gulf to Bay Estates Reclaimed Water Expansion Advanced Engineering & Design, Inc. 19-0032-EN City of Clearwater Consultant Work Order Page 5 of 11 Revised: 10/27/2021 the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. 18.17 AED will attend a meeting with City personnel to discuss comments to the Technical Memorandum. Meeting minutes will be prepared by AED and distributed to the City for review and commentary. 18.18 In accordance with Pinellas County permitting guidelines, Temporary Traffic Control requirements will be identified within the plans. These requirements will be applicable for pedestrian, cyclist and vehicular traffic. 18.19 A Right-of-Way Utilization Permit package will be prepared and submitted to Pinellas County. 18.20 Written responses will be prepared for Pinellas County commentary. Plan revisions will be performed on an as-needed basis. Resubmission of the revised permit package will be performed. 18.21 Written responses will be prepared for City commentary focusing on the reclaimed water elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a 90% completion level. 18.22 Section IVa of the Contract Documents will be further developed to represent a 90% completion level. Modifications requested by the City at the time of 60% plan review will be incorporated at this time. Alternations mandated by project-specific permit conditions will be made. 18.23 Previously developed opinions of probable cost will be further developed to incorporate the 90% design level elements. Scope itemization will be performed to the extent desired by the City. 18.24 The letter narrative, which discusses design assumptions, will be expanded by AED to incorporate the reclaimed water scope of work. This document will identify where clarification and / or input is needed from CONSULTANT SUPPLEMENTAL 1 WORK ORDER Nash Street and Old Clearwater Bay Improvements Gulf to Bay Estates Reclaimed Water Expansion Advanced Engineering & Design, Inc. 19-0032-EN City of Clearwater Consultant Work Order Page 6 of 11 Revised: 10/27/2021 the City. Anticipated upcoming design tasks will be outlined for the City’s consideration. 18.25 Written responses will be prepared for City commentary focusing on the reclaimed water elements of the project. Specific means of addressing each comment will be outlined within the response document. The design plans will be advanced to reflect a final completion level. 18.26 Section IVa of the Contract Documents will be finalized. Construction- specific requirements resulting from public outreach efforts will be incorporated into this document to the extent desired by the City. 18.27 Previously developed opinions of probable cost will be advanced and finalized. 18.28 AED will respond to reclaimed water-related Requests for Information (RFIs) placed by prospective bidders. Responses may require plan, specification and / or quantity revisions. If needed, modified documents will be transmitted to the City. Addenda, if issued, will be expanded to cover reclaimed water elements. 18.29 AED will review the received bids and the Bid Tabulation provided by the City. The Recommendation of Award letter will be expanded to discuss reclaimed water work elements. Commentary on submitted pricing (for reclaimed water work) will also be provided. 18.30 Reclaimed water shop drawings will be reviewed by AED. Processing of shop drawings will include any supplemental information required for approvals. City commentary will be solicited and incorporated into the review. Products deemed “alternate equals” shall only be approved during the shop drawing phase if written permission is provided by the City. 18.31 AED personnel will perform site visits / progress meetings throughout construction to observe the progress of reclaimed water work. It is assumed that the project meetings will be held twice a month and the CONSULTANT SUPPLEMENTAL 1 WORK ORDER Nash Street and Old Clearwater Bay Improvements Gulf to Bay Estates Reclaimed Water Expansion Advanced Engineering & Design, Inc. 19-0032-EN City of Clearwater Consultant Work Order Page 7 of 11 Revised: 10/27/2021 reclaimed water improvements will add 3 months to the project duration (6 progress meetings). A site visit will be performed prior to or after each progress meeting. Twenty-eight (28) staff hours have been allocated for this task. 18.32 AED will respond to Requests for Information (RFIs) placed by the Contractor which pertain to the reclaimed water scope of work. Plan revisions will be performed on an as-needed basis. Contractor coordination, pertaining to the reclaimed water work, will be performed throughout the duration of construction. 18.33 AED will attend a final walk through at the completion of the work. Punchlist items for reclaimed water work will be identified and formally documented at this time. AED will assist in the resolution of the Punchlist. 18.34 AED will prepare signed/sealed record drawings based on contractor- submitted as-builts that are signed/sealed by a professional land surveyor. Permit closeout will be performed as needed. Permit fee allowances have not been established for the project. Permitting through Pinellas County will not require the submission of a permit fee. Furthermore, permitting through the Florida Department of Environmental Protection (FDEP) is not anticipated for this project. 3. PROJECT GOALS: This supplemental scope of services will entail the incorporation of reclaimed water improvements into the construction plans and specifications for the Gulf to Bay Estates neighborhood. AED will provide the City with an electronic version of all reports, estimates, specification packages and plans at each design phase as stated above. If requested, AED will provide the City four (4) printed copies of pertinent documents for review purposes. A project catalogue will also be provided. This catalogue will include all design, permitting, bidding and construction documents. Plan sheets will be sized at 24” x 36” (Arch D). CONSULTANT SUPPLEMENTAL 1 WORK ORDER Nash Street and Old Clearwater Bay Improvements Gulf to Bay Estates Reclaimed Water Expansion Advanced Engineering & Design, Inc. 19-0032-EN City of Clearwater Consultant Work Order Page 8 of 11 Revised: 10/27/2021 4. BUDGET: See Attachment “A”. This price includes all labor and expenses anticipated to be incurred by Advanced Engineering & Design, Inc. for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task for a fee not to exceed one hundred twenty-nine thousand, nine hundred seventy four dollars and ninety cents. ($ 129,974.90). Permit application fees are not anticipated for this project. 5. SCHEDULE: The project is to be run concurrent with the Gulf to Bay Estates improvements. 6. STAFF ASSIGNMENT: William G. Reidy, P.E., Principal Engineer; Justin V. Keller, P.E., Project Manager; Dan Stowers, P.E., Sr. Staff Engineer; John Parks, P.E., Sr. Staff Engineer; Rafal Kadaj, P.E., Staff Engineer; Steven Torres, CAD Manager 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: William G. Reidy, P.E., Principal Engineer Cc: Justin V. Keller, P.E, CFM ENV SP, Project Manager All City project correspondence shall be directed to: Ivan Dimitrov, with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: _3217321-530100-96739______________________ For work performed, invoices shall be submitted monthly to: Attn: Stephanie Sansom, Division Controller City Of Clearwater, Engineering Department PO BOX 4748 Clearwater, Florida 33758-4748 Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. CONSULTANT SUPPLEMENTAL 1 WORK ORDER Nash Street and Old Clearwater Bay Improvements Gulf to Bay Estates Reclaimed Water Expansion Advanced Engineering & Design, Inc. 19-0032-EN City of Clearwater Consultant Work Order Page 9 of 11 Revised: 10/27/2021 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. 4. Contract billing method – Lump Sum or Hourly Rate. 5. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). 6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). 7. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. 3. “Alternate equals” shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5. Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6. Documents posted on City website must ADA accessible. 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1. Sea Level Rise and Flood Resilience, as applicable. 2. Submittal of a Critical Path Method (CPM) Schedule(s). 3. Submittal of a Project Catalog with the following items, as appropriate: a. Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), CONSULTANT SUPPLEMENTAL 1 WORK ORDER Nash Street and Old Clearwater Bay Improvements Gulf to Bay Estates Reclaimed Water Expansion Advanced Engineering & Design, Inc. 19-0032-EN City of Clearwater Consultant Work Order Page 10 of 11 Revised: 10/27/2021 technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project-related documents. b. If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. c. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. 4. Arc Flash labeling requirements: a. All electrical designs and construction shall adhere to NFPA 70 E “Standard for Electrical Safety in the Workplace”. b. Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents. 12. SPECIAL CONSIDERATIONS: This scope of services was prepared utilizing the below assumptions: 1. Legal Descriptions & Sketches for temporary and permanent easements shall be provided by others. 2. It is assumed that hazardous materials and/or contaminated groundwater is not present within the limits of the proposed improvements. 3. A full assessment of tree impacts is not proposed. It is assumed that trees impacted by construction will be removed. 4. Sheeting design shall be performed by the Contractor. 5. The preparation of property assessment for project infrastructure is not proposed. 6. It is assumed that the project area resides within a previously permitted reuse area. 7. Permitted capacity changes are not proposed. 13. SIGNATURES: PREPARED BY: APPROVED BY: William G. Reidy, P.E. Tara Kivett, P.E. Principal Engineer City Engineer Advanced Engineering & Design, Inc. City of Clearwater CONSULTANT SUPPLEMENTAL 1 WORK ORDER Nash Street and Old Clearwater Bay Improvements Gulf to Bay Estates Reclaimed Water Expansion Advanced Engineering & Design, Inc. 19-0032-EN City of Clearwater Consultant Work Order Page 11 of 11 Revised: 10/27/2021 Date Date ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Nash Street and Old Clearwater Bay Improvements Gulf to Bay Estates Reclaimed Water Expansion Advanced Engineering & Design, Inc. 19-0032-EN City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 3 Revised: 10/27/2021 CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Subconsultant Services Labor Total 18.0 Reclaimed Water Design, Permitting, Bidding and Construction Services 18.01 Review City-Provided Survey / Perform Field Visit to “Truth” Survey $0.00 $346.00 $346.00 18.02 Basesheet Preparation / Preliminary Private Utility Coordination $0.00 $2,326.00 $2,326.00 18.03 Review of Sizing Technical Memorandum / Consultant Coordination $0.00 $1,228.00 $1,228.00 18.04 Identify Transmission Main Alignment Options $0.00 $4,356.00 $4,356.00 18.05 Identify Distribution Line Corridors $0.00 $4,231.00 $4,231.00 18.06 Attend Pre-Application Meeting (Pinellas County) $0.00 $396.00 $396.00 18.07 Technical Memorandum Preparation $0.00 $2,385.00 $2,385.00 18.08 Prepare Pre-Design Opinion of Probable Cost $0.00 $1,814.00 $1,814.00 18.09 Attend Review Meeting with City Personnel $0.00 $742.00 $742.00 18.10 Coordination with SUE Subconsultant / Basesheet Revisions Per SUE Data (Plan & Profile) / Private Utility Coordination $6,000.00 $3,009.00 $9,009.00 18.11 Supplemental Soils Assessment / Coordination with Geotechnical Subconsultant / Incorporation of Findings $3,250.00 $1,774.00 $5,024.00 18.12 Incorporation of City Commentary pertaining to Reclaimed Water / Prepare 60% Plan & Profile $0.00 $17,856.00 $17,856.00 18.13 Reclaimed Water Plan Detailing (60%) / Prepare Supplemental Plan Sheets $0.00 $4,127.00 $4,127.00 18.14 Summarize Reclaimed Water Quantities / Prepare 60% Opinion of Probable Cost $0.00 $2,254.00 $2,254.00 ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Nash Street and Old Clearwater Bay Improvements Gulf to Bay Estates Reclaimed Water Expansion Advanced Engineering & Design, Inc. 19-0032-EN City of Clearwater Consultant Work Order – Project Fees Table Page 2 of 3 Revised: 10/27/2021 18.15 Expansion of Technical Specifications (including Measurement & Payment Section) (Reclaimed Water) $0.00 $3,211.00 $3,211.00 18.16 Prepare Letter Narrative Discussing Reclaimed Water Design Assumptions $0.00 $569.00 $569.00 18.17 Attend Review Meeting with City Personnel $0.00 $742.00 $742.00 18.18 Development of Temporary Traffic Control Requirements (Old Coachman Rd.) $0.00 $2,061.00 $2,061.00 18.19 Prepare & Submit Pinellas County Right-of-Way Utilization Permit $0.00 $446.00 $446.00 18.20 Respond to Pinellas County Permit Commentary / Revise Plans As Needed / Resubmission $0.00 $7,346.00 $7,346.00 18.21 Incorporation of City Reclaimed Water Commentary / Design Plan Advancement (90%) $0.00 $12,088.00 $12,088.00 18.22 Specification Advancement (90%) (Reclaimed Water) $0.00 $1,809.00 $1,809.00 18.23 Prepare 90% Opinion of Probable Cost (Reclaimed Water) $0.00 $1,172.00 $1,172.00 18.24 Prepare Letter Narrative Discussing Design Assumptions $0.00 $482.50 $482.50 18.25 Prepare Responses to City Reclaimed Water Commentary / Finalize Reclaimed Water Design $0.00 $7,866.00 $7,866.00 18.26 Finalize Reclaimed Water Technical Specifications $0.00 $1,348.00 $1,348.00 18.27 Prepare Final Opinion of Probable Cost (Reclaimed Water) $0.00 $388.00 $388.00 18.28 Respond to Bidder-Placed RFIs pertaining to Reclaimed Water / Perform Plan Revisions as Needed / Incorporation of Reclaimed Water Elements into Addenda $0.00 $3,255.00 $3,255.00 18.29 Review Submitted Bids & Incorporate Reclaimed Water Elements into Recommendation of Award / Conformed Package Preparation $0.00 $577.50 $577.50 ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Nash Street and Old Clearwater Bay Improvements Gulf to Bay Estates Reclaimed Water Expansion Advanced Engineering & Design, Inc. 19-0032-EN City of Clearwater Consultant Work Order – Project Fees Table Page 3 of 3 Revised: 10/27/2021 18.30 Review Reclaimed Water Shop Drawings $0.00 $3,759.00 $3,759.00 18.31 Progress Meeting Attendance / Construction Site Visits (Pertaining to Reclaimed Water) $0.00 $4,636.00 $4,636.00 18.32 Respond to Contractor-Placed Requests for Information Pertaining to Reclaimed Water / Contractor Coordination / Assistance in Dispute Resolution $0.00 $8,022.00 $8,022.00 18.33 Attend Final Walk Through / Punchlist Preparation & Resolution (Reclaimed Water) $0.00 $799.00 $799.00 18.34 Review Contractor-Submitted Record Drawings / Permit Closeout (Reclaimed Water) $0.00 $1,488.00 $1,488.00 SUBTOTAL, LABOR AND SUB-CONTRACTORS: $118,159.00 18.35 Task Contingency $11,815.90 GRAND TOTAL: $129,974.90 ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES Nash Street and Old Clearwater Bay Improvements Gulf to Bay Estates Reclaimed Water Expansion Advanced Engineering & Design, Inc. 19-0032-EN City of Clearwater Consultant Work Order – City Deliverables Page 1 of 1 Revised: 10/27/2021 CONSULTANT WORK ORDER CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. NASH ST GULF-TO-BAY BLVD NASH ST 3rd ST SHELLEY ST EASTWOOD DR EVELYN AVE S MAYWOOD AVE 5th ST 4th ST LANDRY AVE SHELLEY ST WHITMAN ST CHAUCER ST S FERNWOOD AVE Area 1Nash Street NeighborhoodProject #19-0032-EN AERIAL MAPAERIAL MAP Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\19-0032EN\Nash_Str.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1Aerial Flown 2021 ² N.T.S.Scale:WDMap Gen By:PVReviewed By:Date:1/4/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9963 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Approve a work order to Mead and Hunt, Inc. of Tampa, FL, for the Citywide Transportation Mobility Assessment (21-0036-EN) in the amount of $352,800.00 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing Services (EOR), and authorize the appropriate officials to execute same. (consent) SUMMARY: The citywide traffic model developed under this task order will serve as the baseline for future improvements and modifications and includes multimodal gaps analysis to determine the difference between existing conditions and future transportation visions. The key components of a mobility assessment are data collection, development of traffic software models, and analyses to document current transportation system performance. With the assessment, the City will be provided the tools to evaluate all proposed changes to the transportation system and have the flexibility to perform the evaluation for the entire city or for a specific area of the city. The existing conditions effort will include developing special event traffic management plans, reviewing FDOT signal timing plans, assessing optimal intersection traffic control needs and identifying physical or operational improvements at congested intersections. The future conditions effort will develop a holistic look at future citywide mobility needs including future travel demand, complete streets implementation, beach front traffic street patterns, east-west mobility needs and alternatives, and intermodal integration of the mobility hub. The outcome will identify realistic and innovative transportation investments, capital programming and project prioritization. On June 20, 2019, City Council awarded RFQ 26-19, EOR Continuing Services, with Mead & Hunt as one of the awarded firms. This mobility assessment effort is anticipated to be completed in just under a year, by November 2022. APPROPRIATION CODE AND AMOUNT: ENRD180005-STDY-PROSVC Funds are available in Capital Improvement Project ENRD180005, City-wide Intersection Improvements, to fund the work order. Page 1 City of Clearwater Printed on 1/12/2022 Mead & Hunt, Inc. City of Clearwater Consultant Work Order Page 1 of 14 Revised: 8/3/2021 CONSULTANT WORK ORDER Date: 11/09/2021 1. PROJECT INFORMATION: Project Title: Citywide Vehicular Transportation Mobility Assessment City Project Number: 21-0036-EN City Plan Set Number: Consultant Project Number: 2. SCOPE OF SERVICES: The City of Clearwater, Traffic Division, is requesting Mead & Hunt, Inc. (Consultant) perform a Citywide Vehicular Transportation Mobility Assessment for Existing and Future Conditions. The Traffic division is responsible for the planning, geometric design and traffic operations of streets and highways, their networks, terminals, abutting lands, relationships with other modes of transportation and the city's traffic calming program. It reviews plans of developments and impact on adjacent street systems, initiates street lighting, administers multimodal impact fees, conducts traffic studies, analyzes accident problems, reviews public concerns and complaints, and coordinates and maintains the Computerized Traffic Control System. The key components of a mobility assessment are data collection, development of traffic software models, and analyses to serve as a baseline for how the system is operating. With the assessment, the City will be provided the tools to evaluate any and all proposed changes to the transportation system and given the flexibility to perform the evaluation for the entire City or for a specific area of the City. The citywide traffic model developed under this task order would serve as the baseline for tasks throughout the City of Clearwater including: • Developing special event traffic management strategies (e.g., signal timing, satellite parking, shuttles) • Check the performance of the FDOT signal timing plans and impacts to the City CONSULTANT WORK ORDER Citywide Vehicular Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order Page 2 of 14 Revised: 8/3/2021 • Identify if there are any traffic signals that should be removed or converted to a different type of control that may be safer, more efficient or cost effective (from a budgeting standpoint for maintenance and operations) • Performing congested Intersection Studies The existing conditions documentation and analysis would serve as the baseline for a future conditions assessment prioritizing urgent transportation planning needs throughout the City of Clearwater including: • Evaluating future land use scenarios on travel demand and providing inputs to the future year traffic operations model • Evaluation of implementation of Complete Street Design Standards (e.g., road diet capacity reductions) and performance of alternative modes (e.g., transit travel times, person-throughput) • Evaluating beach front street patterns and one-way vs two-way study • Conducting an East-West Corridor Mobility Study • Evaluating the optimal location and impact of the PTSA mobility hub (traffic and transit circulation and connectivity) • Prioritizing and programming projects to meet short- and long-term transportation priorities Mead & Hunt, Inc. proposes to provide the following services to develop the Citywide Vehicular Transportation Mobility Assessment: Phase I EXISTING CITYWIDE TRANSPORTATION MOBILITY ASSESSMENT Task 1 – RITIS Probe Data Analytics. Mead & Hunt will use the RITIS suite of tools to narrow down congestion issues in the City of Clearwater by time of day, day of week, season and event (weather, crash, etc.). We will also use this data to assist in evaluating historical traffic data and as a rough calibration tool for the traffic model. Some of the RITIS tools used for this task will include the following: i. Bottleneck Ranking Analysis ii. Congestion Scan iii. Travel Time Analysis It is assumed that Mead & Hunt will be granted access to the “big data” through the City, County, and/or FDOT subscriptions. Task 2 – TRAFFIC DATA. A thorough traffic data inventory will be performed to compile, review, and collect traffic count data. This task will involve: i. Mead & Hunt will first determine where data is required. It is assumed that data will be required at all traffic signals, most roundabouts, and all- way stop controlled intersections. These locations will be classified into CONSULTANT WORK ORDER Citywide Vehicular Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order Page 3 of 14 Revised: 8/3/2021 primary and secondary data needs. Using this classification, we’ll strive to reduce data collection costs (i.e., eliminate secondary locations) if there is not enough existing data. ii. Mead & Hunt will identify and review existing data sources. For historical data, we’ll determine if it is able to be used based on age and historical growth rates/trends. iii. Mead & Hunt will determine a data collection plan. This subtask is intended to determine which time periods and seasons that data should be collected. iv. Mead & Hunt will collect traffic data, where necessary. We’ll investigate the feasibility of obtaining traffic data from Waycare (provided to the City via Pinellas County), INRIX, or other sources to reduce data collection costs. For this task order, it assumed that supplemental peak period traffic counts will be necessary at up to 40 intersections. v. Mead & Hunt will prepare traffic data maps. We anticipate preparing models for up to two (2) of the following peak hours: three weekday periods (AM, Midday, PM) and two weekend periods. Traffic data needs will be prepared for each of the two peak hours selected. vi. Mead & Hunt will also work with the City to review special event types (e.g. festivals, beach season, concerts, conferences, farmers markets), durations, attendance and location, review historical data and develop ‘special event’ peak hour traffic volumes. Task 3– VEHICULAR TRAFFIC MODELS. Mead & Hunt will compile, review, and code Synchro traffic models covering the entire City of Clearwater. Subtasks to develop the models include: 1. Mead & Hunt will obtain any existing traffic models from FDOT and/or the County. We believe that FDOT has Synchro traffic models from their signal retiming effort that may be used for this effort. There may be other models available that we can leverage as well. 2. Mead & Hunt will aggregate and merge any existing models, and then, fill in the gaps by coding any missing intersections. It is assumed that up to 40 new intersections will need to be added to the compiled Synchro files from other agencies (totaling approximately 150 intersections). 3. Mead & Hunt will review the geometry, traffic control, signal timings, and other inputs and update the model coding as necessary. A CONSULTANT WORK ORDER Citywide Vehicular Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order Page 4 of 14 Revised: 8/3/2021 cursory review of the intersections from models by others will be performed. Task 4 – MOBILITY PERFORMANCE MEASURES. Mead & Hunt will perform capacity analysis on the Citywide traffic models and identify congested intersections. We will then test alternatives identified as part of other ongoing tasks including the safety and TMP tasks. Subtasks will include: i. Mead & Hunt will perform traffic capacity analysis at all intersections included in the mode and prepare Level of Service maps for each peak hour. Mead & Hunt will report MOEs by approach so that mainline and side-street measures can be viewed individually. ii. Mead & Hunt will identify congested intersections based upon criteria decided upon with the City (e.g., LOS F, v/c > 1.0, etc.). iii. Using the traffic models, we will test alternatives (up to 10 locations) for congestion related improvements. The traffic models will give the City of Clearwater the ability to evaluate many future use cases. Phase II FUTURE CITYWIDE TRANSPORTATION MOBILITY ASSESSMENT Task 1 – CONDUCT GAP ANALYSIS In order to better understand future transportation needs, Mead & Hunt will conduct a multimodal gaps analysis to determine the difference between existing conditions and future transportation visions iv. Identify and review existing plans, including Greenprint 2.0, Comprehensive Plan, individual corridor plans, individual traffic impact studies, and others as identified v. Geolocate existing plans areas and recommendations into an online GIS map application vi. Determine geographic gaps in existing plans vii. Identify potential conflicts between plans viii. Present results to the City in the form of a brief tech memo and using the online GIS to visualize the results Task 2 – DEVELOP FUTURE YEAR TRAVEL DEMAND Mead & Hunt will refine/enhance the Tampa Bay Regional Planning Model (TBRPM v9.2) to focus on the City of Clearwater and its planning policy questions and project design needs. The refined model will be applied to identify impacts to traffic volumes and travel demand on the City’s transportation network. Mead & Hunt will review the overall zone structure, CONSULTANT WORK ORDER Citywide Vehicular Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order Page 5 of 14 Revised: 8/3/2021 demographic data, and highway/ transit networks to evaluate suitability for developing corridor-level traffic forecasts and responsiveness to policy decisions of interest to the city. Baseline forecasts for the Base Year will be carried out to perform model reasonableness and high-level validation checks. A Baseline Future Scenario (No Build) Run will also be prepared. Mead & Hunt will update and correct network errors and add additional details appropriate for the regional network model scale in coordination with the City and adjust network parameters to better capture subarea conditions. Mead & Hunt will perform reasonableness checks on the assigned AADT volumes to ensure that the results are as good or better than the FDOT model results within the Study Area. The Travel Forecasting Process will include the following Tasks: 1. Model/data transfer, installation, verification and functional review: Request and obtain the model, scenarios (networks, data, parameters...) and key outputs (vehicle trip tables, loaded networks) from FDOT, install within the Mead & Hunt computer system, run the base scenario, and verify replication of results. Resolve any differences that may be caused by computer characteristics or run setups. A functional review will also be carried out to assess the model’s capabilities and ability to respond to issues/policies of interest to the city. 2. Base year Model development & Validation: a. Base year network and land use Scenario: Review the network detail and TAZ structure within the study area. Identify/code screen lines and districts to be used for model reasonableness validation checks and operational post processing. Additional network/TAZ and operational characteristics (turn penalties) detail may be added to provide more realistic routing options and assignment. Where zone splits occur the baseline and future year land use data must also be split accordingly (based upon Census, Parcel Data, or detailed employment/household information when available). b. Base Year Subarea (City of Clearwater) Reasonableness Checks and Validation: The next step is to carry out an initial base year forecast and validation. This starts with preparation of validation data for comparison purposes (link and turning movement counts, trip origins and destinations, by trip purpose, time of day, etc.) This is followed by adjustments to the subarea assignment inputs (turn penalties/restrictions, speed, and capacity overrides, etc.) to better reflect the conditions within the corridor and produce improved 24 hour, AM and PM Peak Period assignments. The goal will be to meet the model level assignment thresholds by functional class and screen line provided by the FHWA. Mead &Hunt will utilize its validation R scripts developed to capture accepted CONSULTANT WORK ORDER Citywide Vehicular Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order Page 6 of 14 Revised: 8/3/2021 validation standards for regional models (FHWA Validation Manual and NCHRP 765) for this effort. c. Prepare the NCHRP 765 Screen line Adjustment Workbook(s) for key corridors. The screen line adjustment process is the first step in the post processing of travel demand model results for use in project development and/or operational analyses. This step includes identifying corridors of interest and creating the workbooks with the assembled count data and base forecasts included that will be applied to the horizon year scenarios. 3. Horizon Year Model Development: Future Year 2045 (No Build) Forecast, Screen line adjustments, and Reporting: Once the base year foundation analysis (network/TAZ detail and validation) has taken place, the same changes must be transferred to the Future Base subarea network and an initial forecast carried out. The results of this forecasts will be entered into the screen line adjustment workbook, and the summary measures, tables, and visualizations for corridor LOS, Speeds, Assigned Volumes produced. The future year model will include all potential land use changes provided by the City’s Planning Department. 4. Develop intersection level traffic volumes for up to 24 (twenty-four) key intersections using NCHRP 765/ 255 processes. Task 3– FUTURE YEAR VEHICULAR TRAFFIC MODELS AND MOBILITY PERFORMANCE MEASURES Based on the results of the travel demand forecasts (e.g., future year ADT and intersection traffic volumes), Mead & Hunt will update the existing Synchro model for two peak periods for the full Citywide network. 1. Congested Intersection Analysis Mead & Hunt will perform capacity analysis on the Citywide traffic models and identify congested intersections. Subtasks will include: iv. Mead & Hunt will perform traffic capacity analysis at all intersections included in the mode and prepare Level of Service maps for each peak hour. Mead & Hunt will report MOEs by approach so that mainline and side-street measures can be viewed individually. v. Mead & Hunt will identify congested intersections based upon criteria decided upon with the City (e.g., LOS F, v/c > 1.0, etc.). vi. Using the traffic models, we will test alternatives (up to 10 locations) for congestion related improvements. CONSULTANT WORK ORDER Citywide Vehicular Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order Page 7 of 14 Revised: 8/3/2021 2. Complete Streets Evaluation a. Mead & Hunt will evaluate up to 5 corridors for targeted capacity reductions for Complete Streets improvements (e.g., road diets for bike lanes and/ or bus lanes) i. We will identify impacts to general traffic LOS and travel time ii. We will code a VISSIM model for up to two (2) corridors and evaluate anticipated future person throughput and transit travel time operational benefits iii. We will identify appropriate thresholds for implementing Complete Streets capacity reductions (e.g., minimum number of buses per hour/ multimodal person throughput) 3. Beachfront traffic circulation Mead & Hunt will identify the feasibility of converting portions of the beachfront street network from two-way to one-way flows (e.g., Coronado and Gulfstream, Poinsettia and Mandalay) i. identify alternative cross-sections (travel lane, bike lane and parking lane widths) for two-way traffic operations on each street ii. Identify the likely redistribution of traffic and re-assign a percentage of existing traffic to the other couplet pair. This will also consider traffic forecasts from planned but unbuilt development projects and the regional travel demand forecasting model iii. Evaluate the impact of one-way operations to traffic conditions along both corridors including intersection LOS, delays, travel times and queues. iv. This analysis will utilize Synchro/ SimTraffic traffic model. Analysis years will include 1. Future Opening Year No Build and Build 2. Design Year No Build and Build v. Where necessary, identify measures (under a two-way configuration) to improve traffic flow and safety such as dedicated turn lanes, parking restrictions, signal phasing etc. 4. East-West Mobility Study Mead & Hunt will evaluate several key East-West Corridors (SR 60, Drew, Druid, and Cleveland Streets) to identify potential for high-capacity transit service (e.g., BRT), first/ last mile connections to the beach area (e.g., bike share/ park and bike) as well as advanced traffic management strategies. The assessment will include CONSULTANT WORK ORDER Citywide Vehicular Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order Page 8 of 14 Revised: 8/3/2021 • Local vs regional origins and destinations/ potential for diversion/ mode shift • Queue jumps and transit signal priority • Signal coordination/ adaptive signal timing • Dynamic lane use, turn restrictions, reversible lanes • Transfer nodes/ mobility hubs / park and bike locations TASK 4– MULTIMODAL TRANSIT CENTER (MTC) CONNECTIVITY AND CIRCULATION ASSESSMENT Mead & Hunt will evaluate the current concepts for an MTC in the downtown area. We will compile existing traffic data (roadway Average Daily traffic counts and peak hour intersection turning movement counts), and document existing and future transit routes and headways 1. For each concept, we will qualitatively screen for traffic impacts based on the proposed transit center program, including I. Traffic volume increases on immediately adjacent intersections relative to existing volumes (percent increase in existing ADT and peak hour volumes) II. Increases in site parking demand under a mixed-use redevelopment relative to existing parking capacity III. Intermodal connectivity for bike share, e-scooters, ride hailing, private/ autonomous shuttles, carpool, kiss-and-ride, and other modes 2. For the preferred site, we will develop multimodal traffic projections for new trips and diverted trips generated for the transit center including any joint development uses. We will assess impacts to future traffic operations and identify improvements using available traffic models that would enhance traffic operations and transit travel times for up to four (4) surrounding intersections. Traffic mitigation could include changes in street patterns, site access points, lane configurations, signing/ marking, and signal operations/ phasing. Mitigation for impacts to headways may include changes in bus bay locations (e.g., on-street terminals) and site access points as well as transit signal priority to provide bus priority ingress and egress. 3. We will also project parking demand forecasts for the preferred site for on-site parking for transit buses, employees, tenants, intermodal uses, transient and other patrons and determining curbside parking management and operational needs for bus layover and other users (passenger loading, taxi, ride hailing). This will include evaluating the ability of nearby publicly accessible parking, shared parking and/or proposed on-site parking to absorb any additional parking capacity proposed for removal at the existing site. TASK 5 PROJECT PRIORITIZATION: Mead & Hunt will assist the City in identifying prioritization and programming for all recommendations developed in Tasks 3 and 4. This effort will include: CONSULTANT WORK ORDER Citywide Vehicular Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order Page 9 of 14 Revised: 8/3/2021 1. Prioritization Process (i.e., how to rate and rank) i. Identify project prioritization criteria, including safety (immediate, near, long-term), mobility and congestion-relief, safety and mobility benefits, economic impacts, tourism impacts, equity analysis, and others to be determined. ii. Present to City staff iii. Finalize project prioritization criteria 2. Identify Projects i. We will use the output from the Citywide safety and mobility assessments which will include roadway, transit, bicycle and intermodal projects 3. Prioritization i. Apply the criteria to the project list ii. Develop draft list and refine list based on input from City staff iii. Final list of prioritized projects, also inputted into the online GIS. 4. Funding Opportunities (how to match funding the prioritization) i. Develop Rough Order of Magnitude (ROM) costs for each project. ii. Determine when each project could be done (city Fiscal Year) based on existing funding sources iii. Identify funding needs iv. identify and evaluate potential grant funding sources 3. PROJECT GOALS: The citywide traffic model developed under this task order would serve as the baseline for tasks throughout the City of Clearwater and conduct a multimodal gaps analysis to determine the difference between existing conditions and future transportation visions. The key components of a mobility assessment are data collection, development of traffic software models, and analyses to document current transportation system performance. With the assessment, the City will be provided the tools to evaluate any and all proposed changes to the transportation system and given the flexibility to perform the evaluation for the entire City or for a specific area of the City. The existing conditions effort will develop special event traffic management plans, reviewing FDOT signal timing plan reviews, assessing optimal intersection traffic control needs and identifying congested intersection physical or operational improvements. The future conditions effort will develop a comprehensive and holistic look at future citywide mobility needs including future travel demand, complete streets implementation, beach front traffic street patterns, east-west mobility needs and alternatives, and intermodal integration of the mobility hub. The outcome will identify strategic transportation investments, capital programming and project prioritization CONSULTANT WORK ORDER Citywide Vehicular Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order Page 10 of 14 Revised: 8/3/2021 4. FEES: This price includes all labor and expenses anticipated to be incurred by Mead & Hunt for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed Three Hundred Fifty-Two Thousand Eight Hundred Dollars ($352,800). 5. SCHEDULE: The anticipated schedule from NTP is as follows: Task Completion Date Phase I Task 1: RITIS Probe Data Analytics 6 weeks from NTP Phase I Task 2: Traffic Data 12 weeks from NTP Phase I Task 3: Vehicular Traffic Models 20 weeks from NTP Phase I Task 4: Mobility Performance Measures 24 weeks from NTP Phase I Task 5: Grant Seeking Analysis 24 weeks from NTP Phase II Task 1: Gap Analysis 6 weeks from NTP Phase II Task 2: Future Travel Demand 16 weeks from NTP Phase II Task 3: Mobility Assessment 24 weeks from NTP Phase II Task 4: Multimodal Transit Center Evaluation 36 weeks from NTP Phase II Task 5: Prioritization and Grant Seeking 48 weeks from NTP 6. STAFF ASSIGNMENT: Paul Silberman, PE, PTOE Vice President (Point-of- Contact) Ziad A. Sabra, PhD, PE, PTOE Senior Vice President Randall Burks, PE, PTOE Senior Project Manager Rafey Subhani, PE, AICP Senior Project Manager Steven Jones Senior Project Manager Sharon Simington Senior Project Manager Brian Laverty, AICP Engineer IV Jamie Kendrick, AICP Engineer IV CONSULTANT WORK ORDER Citywide Vehicular Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order Page 11 of 14 Revised: 8/3/2021 Bryon White, PE, PTOE Engineer IV Kyle Roberts, PE, PTOE Engineer IV Josh Colson, PE, PTOE Engineer III Roshan Singh, PE, PTOE Engineer III Eric Weber Engineer I Abagail Green Engineer I Matt O’Connell, GISP Senior Designer Casen Keller Senior Designer 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to Paul Silberman (Project Manager). All CITY project correspondence shall be directed to Mr. Omar Atallah with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: ENRD180005-STDY-PROSVC For work performed, invoices shall be submitted monthly to: Stephanie Sansom, Division Controller City of Clearwater, Engineering Department PO Box 4748 Clearwater, Florida 33858-4748 Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. 4. Contract billing method – Lump Sum or Hourly Rate. 5. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). CONSULTANT WORK ORDER Citywide Vehicular Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order Page 12 of 14 Revised: 8/3/2021 6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). 7. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. 3. “Alternate equals” shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5. Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6. Documents posted on City website must ADA accessible. 11. SPECIAL CONSIDERATIONS: Our work will consider coordination with, acknowledgement of, and reference to, all applicable completed and current transportation studies, plans, policies and standing committees as needed including: • Advanced Transportation and Congestion Management Technologies Deployment Initiative, Pinellas County • Safe Streets Pinellas Vision Zero Resolution and Action Plan, Pinellas County, March 2021 • Greenprint 2.0 City of Clearwater, 2021 • Downtown District & Design Standards, City of Clearwater, 2018 • Draft Intermodal Site Selection Analysis, City of Clearwater, 2016 • Clearwater Multimodal Transit Center (MTC), Pinellas Suncoast Transit Authority (PSTA), 2021 • Fort Harrison Complete Street Study (2020) and Design (2022), City of Clearwater • Beach Area Traffic Study, City of Clearwater, 2008 • Drew Street Corridor Study and Concept Evaluation, Pinellas County/ FDOT, 2021 • Pinellas County Ordinance 85-14 Local Option Gas Tax • City of Clearwater Code Section 4-904. Mobility management system • Pinellas County Multimodal Impact Fee Ordinance (Ord. 8805-16, May 2016) • Beach Parking Study, Desman Associates, 2021 • Downtown District & Design Standards Appendix C of the Community Development Code City of Clearwater, Florida Adopted Ord. 9149-18 August 2, 2018 CONSULTANT WORK ORDER Citywide Vehicular Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order Page 13 of 14 Revised: 8/3/2021 • Complete Streets Implementation Plan, City of Clearwater (June 2019) • Comprehensive Plan Update, and Update to Transportation Element, Multimodal focus City of Clearwater • Downtown Redevelopment Plan Update City of Clearwater (March 2018) • Lake Belleview Walk Audit, City of Clearwater (June 2019) • Micromobility Code Amendments (Ord. 9348-19, December 5, 2019) – Awaiting City RFQ for Pilot Program in Downtown (not date established) • Investment Corridors Discussion in conjunction with Pinellas County (September 2019) • Shifting Gears Bicycle & Pedestrian Master Plan, City of Clearwater, (2006) • Early Transportation Planning Work Program Update to Council (May 1, 2017) • Placemaking Program, City of Clearwater (initiated 2019) • SR 580 Corridor Planning and Concept Development Study from Alternative US 19/SR 595/Broadway to Tampa Road, FDOT, July 2021 • US 19 Frontage Roads Safety Action Plan, City of Clearwater, May 2021 • FDOT Bike/Ped Plan, 2020 • SR 60 Median/Ped Safety Improvements Gulf to Bay east of US 19 and McMullen Booth Road, FDOT, 2021 • Harn Pedestrian Bridges, City of Clearwater 2021 • Courtney Campbell Causeway Trail Design, City of Clearwater, 2021 • Alt-19 Corridor Study, Pinellas County, 2018 • Forward Pinellas Comprehensive Land Use and Transportation Plan, Pinellas County • Hercules Ave & Range Road Bicycle Improvement Project Multimodal Priority Grant, Pinellas County, 2021 • Pinellas Trail Vision, Pinellas County, 2021 • Belcher Road @ Gulf to Bay Blvd Intersection Improvement Study, FDOT, 2021 • Belleair Road Multimodal Feasibility Study, Pinellas County, December 2019 • Pinellas County (Duke Energy) Trail North Gap, under construction • Advantage Pinellas 2045 Long Range Transportation Plan and Countywide Bicycle/ Pedestrian Plan, Pinellas County, 2020 • Innovative Transit Technologies Feasibility Study (Hyperloop, Air Taxi, Aerial Gondolas), Tampa Bay Area Regional Transit Authority • SR 60 Multimodal Implementation Plan, FDOT, 2016 • List of active Beach development projects including 325 Gulfview Boulevard Extension • Technical Coordinating Committee (TCC) • Bicycle Pedestrian Advisory Committee (BPAC) • Waterborne Transportation Committee • City/Forward Pinellas/Pinellas County coordination meeting • PSTA Coordination • Interagency Signal Maintenance Agreement • Citywide/ Countywide Crash and Traffic Count databases CONSULTANT WORK ORDER Citywide Vehicular Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order Page 14 of 14 Revised: 8/3/2021 12. SIGNATURES: PREPARED BY: APPROVED BY: Ziad A. Sabra, PhD, PE, PTOE Tara Kivett, P.E. Vice President City Engineer Mead & Hunt, Inc. City of Clearwater Date Date ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Citywide Vehicular Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 1 Revised: 8/3/2021 CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Subcons ultant Services Labor Total Phase I 1.0 RITIS Probe Data Analytics $24,000 Phase I 2.0 Traffic Data $40,000 $64,000 Phase I 3.0 Vehicular Traffic Models $32,000 Phase I 4.0 Mobility Performance Measures $28,000 Phase I 5.0 Grant Funding Opportunities $5,000 Phase II 1.0 Gap Analysis $18,800 Phase II 2.0 Future Travel Demand $77,500 Phase II 3.0 Mobility Assessment $59,000 Phase II 4.0 Multimodal Transit Center Evaluation $16,000 Phase II 5.0 Prioritization and Grant Seeking $14,000 Subtotal $338,300 6.0 Other Direct Costs $14,500 Grand Total $352,800 ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES Citywide Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order – City Deliverables Page 1 of 2 Revised: 8/3/2021 CONSULTANT WORK ORDER CITY DELIVERABLES 1. FORMAT: All traffic models shall be compiled utilizing the following methods: 1. Synchro files following the City of Clearwater, County, and State modeling standards. All GIS data and mapping will comply with City cartographic standards 2. DELIVERABLES: Deliverables will include the following by task: Phase I Task 1 – RITIS Probe Data Analytics: Congestion Mapping Identifying Congestion Issues Task 2 – Traffic Data: Traffic Volume Peak Hour Maps (two peak hours) Task 3 – Vehicular Traffic Models: Synchro Models (two peak hours) Synchro files will be provided upon task completion for each peak hour evaluated. Upon completion, the consultant shall deliver all tables, maps, traffic counts, and supporting documents in digital format. Technical memo and mapping summarizing special event traffic management strategies (e.g., signal timing, satellite parking, shuttles) Task 4 – Mobility Performance Measures: Technical memo and presentation summarizing model development and performance measures including recommendations (diagrammatic concepts and planning level costs) for congestion hot spots Technical memos will be delivered digitally and in paper copies, if required. Task 5 - Grant Opportunities – memo with grant deadlines, requirements, applicability to project needs Phase II Task 1 – Gap Analysis: Technical memo and GIS mapping ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES Citywide Transportation Mobility Assessment Mead & Hunt, Inc. 21-0036-EN City of Clearwater Consultant Work Order – City Deliverables Page 2 of 2 Revised: 8/3/2021 Task 2 – Travel Demand: Technical memo and future horizon year ADT and intersection traffic volumes for up to 24 intersections Task 3 – Future Year Traffic Models and Mobility Performance Assessment: • Future Synchro Models (two peak hours), future VISSIM models for up to two (2) corridors (24 total intersections) • Congested Intersections: Technical memo and concept illustrations for up to 10 congestion intersection improvements • Complete Streets: Technical memo and GIS mapping of recommended complete street road diets • Beachfront Street Patterns: Technical memo, conceptual cross-sections and illustration, and planning level cost estimates of preferred street pattern • East-West Mobility Study: Technical memo, concept illustration of traffic management strategies and planning level cost estimates Task 4 – Multimodal Transit Center: Technical memo summarizing site traffic impacts, level 2 screening, and recommendations matrix of mitigation measures to optimize transit center access, intermodal connectivity, and circulation Task 5 Project Prioritization: Technical memo summarizing project identification, definition, prioritization, and grant funding opportunities. Grant opportunities will identify grant deadlines, requirements, applicability to project needs Technical memos will be delivered digitally and in paper copies, if required. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10109 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Approve a Road Transfer Interlocal Agreement (Agreement), which includes, as an exhibit, an Assignment of Easement Agreement, between Pinellas County, Florida (County) and the City of Clearwater (City), which will be presented to the Board of County Commissioners for consideration, and authorize the appropriate officials to execute same. (consent) SUMMARY: Over the years, annexations and road transfers have caused confusion regarding the jurisdiction and responsibility for operating and maintaining roadways in Pinellas County (including its twenty-four municipalities). Therefore, Pinellas County engaged the Center for Urban Transportation Research at the University of South Florida to aid in addressing transportation planning and roadway policy initiatives in the county. The goals of the policy include: Simplifying and clarifying the system of jurisdiction to better provide services to the citizens and to facilitate better understanding among county and municipal officials. Ensuring a logical road network recognizing the importance and efficiency of connectivity and facility functional classification. Maintaining or increasing the fairness of the system as it related to the associated costs of roadway operations and maintenance. Ensuring equity in the treatment of each jurisdiction. Understanding that all transfer of existing responsibilities must be in accordance with Florida Statute and be mutually agreed upon (required by Ch. 335.0415 F.S.). As a result, city and county staff have been cooperating for a period of years to provide for the transfer of certain road segments and related easement interests, from the County to the City to establish jurisdiction and provide for proper operation and maintenance (O&M) of said roads and easements. The Agreement contains the specific road segments and associated easements that staff determined as appropriate for formal transfer to the City for O&M purposes. As stated, due to circumstances such as annexations, the subject road segments have been, for all practical purposes, maintained by the City. This Agreement formalizes the jurisdictional control of the segments, which join segments already within the control and responsibility of the City. Page 1 City of Clearwater Printed on 1/12/2022 ROAD TRANSFER INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY, FLORIDA AND CITY OF CLEARWATER, FLORIDA THIS AGREEMENT made and entered into this ____day of _________________ , 2022, by and between: PINELLAS COUNTY, FLORIDA, a political subdivision of the State of Florida, (“COUNTY"), by and through its Board of County Commissioners, and the CITY OF CLEARWATER, a municipal corporation existing under the laws of the State of Florida, ("CITY"), collectively Parties. WITNESSETH: WHEREAS, pursuant to Section 334.03(21), Florida Statutes (2020), right-of-way is defined as “land in which the state, the department, a county, or a municipality owns the fee or has an easement devoted to or required for use as a transportation facility;” and WHEREAS, pursuant to Section 334.03(22), Florida Statutes (2020), “Road” is defined as “a way open to travel by the public, including, but not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith;” and WHEREAS, pursuant to Section 334.03(8), Florida Statutes (2020), the “County Road System” is defined as “all collector roads in the unincorporated areas of a county and all extensions of such collector roads into and through any incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System;” and WHEREAS, pursuant to Section 334.03(3), Florida Statutes (2020), the “City Street System” is defined as “all local roads within a municipality, and all collector roads inside that municipality, which are not in the County Road System;” and WHEREAS, pursuant to Section 335.0415, Florida Statutes (2020), the jurisdiction and responsibility for operation and maintenance of public roads is that which existed on June 10, 1995 and may be transferred by mutual agreement of the COUNTY and the CITY; and WHEREAS, Section 337.29(3), Florida Statutes (2020), provides that title to roads transferred pursuant to Section 335.0415, shall be in the government entity to which such roads have been transferred upon the recording of a deed or right-of-way map in the public records; and WHEREAS, the Road Segments have been regularly maintained by the COUNTY and/or the CITY, jointly or severally, for the immediate past 7 years; WHEREAS, the COUNTY and the CITY have determined that it is in the best interest of the Parties that responsibility for the operation, maintenance, planning, design and construction of the Road Segments be transferred to the CITY and any future improvements thereto will belong to the CITY. NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein, the Parties hereby agree as follows: 1.The above recitals are true and correct and incorporated herein. 2.The COUNTY’s jurisdiction, rights, interest and title, if any, and control of all segments of public Roads, as defined in Section 334.03 (22), Florida Statutes (2020), listed in Exhibit A and depicted in Exhibit B attached hereto (hereinafter “Road Segments”) are transferred and conveyed to the CITY’s City Street System, such transfer to include maintenance responsibilities for stormwater facilities as identified in Section 334.03(22). 3.Within 30 days of the execution of this agreement by both Parties, the COUNTY will file a right-of-way maps which are substantially the same as those attached hereto as Composite Exhibit B and (b) transfer(s) of easement(s) and fee simple property which are substantially the same as those attached hereto as Exhibit C to transfer any recorded easements or deeds reflected on Exhibit B as “to be transferred by separate instrument.” In accordance with Section 337.29 (3), Florida Statutes (2020), upon the recording of the right-of-way map the CITY accepts all legal rights, responsibilities, and obligations with respect to the Road Segments, including but not limited to the operation, planning, design, construction, improvement, and maintenance of the Road Segments, including stormwater drainage and facilities, within and appurtenant to the rights-of-way transferred herein and the permitting associated therewith. The CITY shall also have the same governmental, corporate, and proprietary powers with relation to the Road Segments as the CITY has with relation to other public roads and rights-of-way within the CITY’s City Street System. 4.The CITY recognizes that the COUNTY may have utilities located within the road segments which are being transferred as part of this agreement. The Parties recognize that this agreement does not affect those utilities as they currently exist, but the COUNTY shall retain ownership of said utilities, and will be subject to the CITY’s requirements, including permitting, for subsequent modifications or the placement of additional utilities. 5.As limited by Section 768.28, Florida Statutes (2020), the Parties shall remain responsible for any tort liability for any actions arising out of their prior maintenance of any Road Segment and in accordance with Section 337.29, Florida Statutes (2020), the COUNTY shall remain responsible for any tort liability for any actions arising out of the COUNTY's operation of the Road Segments prior to the recording of the right of way map transferring the Road Segments to the City Street System. Except as otherwise provided herein, the CITY and the COUNTY agree that no indemnification or hold harmless agreement shall be in effect concerning any claims, demands, damages and causes of action that may be brought against either party pursuant to this Agreement. The CITY and the COUNTY shall each individually defend any action or proceedings brought against their respective agencies pursuant to this Agreement and shall be individually responsible for all of their respective costs, attorneys’ fees, expenses and liabilities incurred as a result of any such claims, demands, suits, actions, damages and causes of action, including the investigation or the defense thereof, and from and against any orders, judgments or decrees that may be entered as a result thereof. Nothing herein is intended to serve as a waiver of any immunity from or limitation of liability that either the CITY or COUNTY are entitled to under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. Nothing herein shall be construed as consent by the COUNTY or CITY to be sued by third parties in any matter arising out of this Agreement. 6.COUNTY shall provide CITY with a list of all completed, planned and/or unfunded roadway/sidewalk/striping projects for the Road Segments and, upon the City Manager's request, access to Plans, Specifications, Drawings, and Permits for such projects if available. COUNTY shall assign to CITY any existing contractor or manufacturer warranties or guarantees for any completed projects for the Road Segments. COUNTY shall facilitate the transfer of operation and maintenance responsibilities to CITY for COUNTY obtained environmental permits obtained from County, State or Federal entities. 7.Whenever one of the Parties to this Agreement desires to give notice to the other, such notice must be in writing, sent by U.S. Mail, certified, return receipt requested, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for giving of notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving notice: For the COUNTY: Director of Public Works Department Pinellas County 22211 US Hwy 19, Bldg. 1 Clearwater, FL 33765 (727) 464-8900 For the CITY: City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 8.CITY and COUNTY agree that this is the entire agreement between the Parties with regard to the transfer of jurisdiction of the Road Segments. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the roadways transferred herein and there are no commitments, agreements or understandings as to the roadways subject to this Agreement that are not contained in this document. This Agreement cannot be modified or amended without the express written consent of the Parties. Accordingly, no modification, amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity therewith. Nothing herein shall prevent CITY and COUNTY from transferring additional roadways in the future by amendment to this Agreement or by the execution of separate agreement. 9.If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 10.The failure of either party to insist upon strict performance of any terms of this Agreement shall not be considered a waiver of any provisions set forth herein and shall not prevent enforcement of this Agreement. 11.Neither this Agreement nor any term or provision hereof or right hereunder shall be assignable by any parties and any attempt to make such assignment shall be void. 12.This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 13.Each of the exhibits attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibits hereto. 14.This Agreement shall become effective upon the filing with the Clerk of the Circuit Court for Pinellas County as required by Section 163.01, Florida Statutes (2020). 15.This Agreement shall be construed in accordance with the laws of the State of Florida and venue for any state court action pertaining to this Agreement shall lie solely in the county or circuit courts in and for Pinellas County, Florida and shall lie solely in the U.S. District Court, Middle District of Florida, Tampa Division for any federal court action. 16.The COUNTY and CITY shall each promptly notify the other of the receipt of any third-party claim involving, or resulting from, either party’s jurisdiction, operation, or maintenance of any Road Segments. Both Parties agree to fully cooperate with each other to investigate and resolve any such claims, including but not limited to providing all necessary documents showing ownership, jurisdiction, maintenance and/or operational activities for the Road Segments prior to their transfer pursuant to this Agreement. Anytime prior to the recording of the right-of-way map in accordance with Paragraph 3 the CITY or COUNTY may elect to terminate this Agreement by notifying the other party and this Agreement shall be of no further force or effect. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) IN WITNESS WHEREOF, the Parties hereto have caused these present to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. Countersigned: ___________________________ By: Frank V. Hibbard Mayor CITY OF CLEARWATER, FLORIDA __________________________ Jon Jennings City Manager Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk PINELLAS COUNTY, FLORIDA by and through its Board of County Commissioners BY: ______________________________________ Dave Eggers, Chair ATTEST: Ken Burke, Clerk By: _________________________________ Deputy Clerk (Seal) APPROVED AS TO FORM: EXHIBIT A Road Transfer Agreement Road Segments Transferred from Pinellas County, Florida to City of Clearwater, Florida Road Name From To Exhibit Sheet # C/L Miles Plat Name or Document Type Book and Page Allen Ave Daniel St East Terminus B-1 0.08 Acker’s Subdivision PB 30-91 Daniel St Allen Ave McMullen Booth Rd B-1 0.21 Acker’s Subdivision PB 30-91 Charles Ave SR 580 McMullen Booth Rd B-1 0.17 Acker’s Subdivision PB 30-91 Aloha Ln Douglas Ave Coles Rd B-2 0.10 Sunset Knoll PB 24-26 Sheridan Rd Douglas Ave Coles Rd B-2 0.10 Sunset Knoll PB 24-26 Coles Rd Sunset Point Rd Aloha Ln B-2 0.10 Sunset Knoll PB 24-26 Macomber Ave Sunset Point Rd State St B-2 0.12 South Binghamton Park PB 12-81 Sedeeva Circle N Chenango Ave Betty Lane B-2 0.10 Floradel Sub PB 15-7 Chenango Ave Sunset Point Rd Sedeeva Cir N B-2 0.22 South Binghamton Park PB 12-81 Floradel Sub PB 15-7 Bell Dr. Grove Ave. South Terminus B-3 0.04 Canterbury Heights Deed PB 49-16 OR 855-401 Bell Cheer Dr. Grove Ave. S. Belcher Rd. B-3 0.25 Bell-Cheer Subdivision First Addition to Bell Cheer Subdivision Second Addition to Bell Cheer Sub PB 30-60 PB 33-54 PB 33-70 Burnice Dr. Woodley Rd. S. Belcher Rd. B-3 0.25 Glen Ellyn Estates Druid Park PB 34-32 PB 39-71 Grove Ave. Burnice Dr. Bell Cheer Dr. B-3 0.05 Bell-Cheer Subdivision Glen Ellyn Estates Canterbury Heights PB 30-60 PB 34-32 PB 49-16 Pleasant Pkwy. Bell Cheer Dr. East Terminus B-3 0.12 Pleasant Ridge Estates PB 53-71 Berkley Pl NE Coachman Rd Palmetto St B-4 0.09 Palmetto Terrace PB 39-75 Palmetto St N Belcher Rd Berkley Pl B-4 0.14 Palmetto Terrace Coachman Hill Estates PB 39-75 PB 75-90 Bonair St Wood Ave Ridge Ave B-5 0.15 Bonair Hill Sub Highland Pines Sub PB 26-108 PB 30-41 Clark St Flagler Dr Wood Ave B-5 0.13 Highland Pines Ninth Addition PB 71-14 Highland Oaks Estates PB 66-100 Long St Flagler Dr Ridge Ave B-5 0.25 Sixth Addition to Highland Pines Sub Highland Oaks Estates First Addition to Highland Pines Sub PB 48-70 PB 66-100 PB 30-100 Carroll St Flagler Dr Ridge Ave B-5 0.25 Sixth Addition to Highland Pines Sub First Addition to Highland Pines Sub PB 48-70 PB 30-100 Wood Ave Levern St Carroll St B-5 0.15 Bonair Hill Sub Highland Oaks Estates PB 26-108 PB 66-100 Ridge Ave Palmetto St Levern St B-5 0.10 Highland Pines Sub PB 30-41 Ridge Ave Carroll St Crown St B-5 0.15 First Addition to Highland Pines Sub Third Addition to Highland Pines Sub PB 30-100 PB 32-71 Sherwood St Wood Ave Ridge Ave B-5 0.15 Sixth Addition to Highland Lake Sub First Addition to Highland Pines Sub Third Addition to Highland Pines Sub PB 48-70 PB 30-100 PB 32-71 Crown St Wood Ave Ridge Ave B-5 0.15 Third Addition to Highland Pines Sub PB 32-71 Scott St Wood Ave Ridge Ave B-5 0.15 Third Addition to Highland Pines Sub PB 32-71 Lynn Ave Gentry St Sherwood St B-5 0.05 Fourth Addition to Highland Pines Sub PB 33-90 Calamondin Ln Edenwood St Kumquat Dr B-6 0.22 Woodvalley Unit No. 1 Virginia Groves Estates First Addition PB 68-30 PB 47-41 Calumet St South Terminus Hercules Ave B-7 0.30 Deed OR 2099-356 CR 31 S Bayview Ave East Terminus B-8 0.09 Revised Map of Town of Bay View Myron A. Smith’s Bay View Subdivision PB H6-23 PB 25-57 CR 193 Sunset Point Rd Castle Woods Dr B-9 0.37 Deed Deed Deed Road Petition OR 8894-1101 OR 8894-1104 OR 3640-871 BCC 8-342 Downing St McMullen Booth Rd Bayshore Blvd B-10 0.25 Downing Subdivision Deed PB 26-79 OR 2405-457 Deed Bayedge Terrace OR 2405-458 PB 69-66 Druid Rd E Belcher Rd US Hwy 19 B-11 0.95 Easterly 150’ of R/W as described in OR 3753-646 Grovewood Pinellas Groves Deed Edenville Sub Deed OR 3753-646 PB 66-44 PB 1-55 DB 1624-13 PB 35-97 OR 1281-245 Enterprise Rd Countryside Blvd Main St B-12 0.48 Dunedin Industrial Park Deed PB 64-76 OR 4727-693 Evans Dr SR 590 Morningside Dr B-13 0.28 Virginia Grove Terrace Fourth Addition Carlton Terrace First Addition PB 37-75 PB 43-39 Lucas Dr SR 590 N Terrace Dr B-13 0.22 Virginia Grove Terrace Third Addition PB 37-74 Thomas Dr SR 590 N Terrace Dr B-13 0.22 Virginia Grove Terrace Second Addition PB 37-73 Grove Dr SR 590 N Terrace Dr B-13 0.22 Virginia Grove Terrace First Addition PB 37-62 El Trinidad Dr E SR 590 North Terminus B-13 0.25 Virginia Grove Terrace Winwood Diane Heights Replat PB 37-29 PB 113-43 PB 90-5 N Terrace Dr Evans Dr El Trinidad Dr E B-13 0.23 Virginia Grove Terrace Fourth Addition Virginia Grove Terrace Third Addition Virginia Grove Terrace Second Addition Virginia Grove Terrace First Addition Virginia Grove Terrace PB 37-75 PB 37-74 PB 37-73 PB 37-62 PB 37-29 S Hillcrest Ave Ponce De Leon Blvd Bayview Dr B-14 0.12 Monterey Heights First Addition PB 33-43 Glen Oak Ave N West Dead End Glen Oak Ave E B-15 0.18 Kapok Terrace PB 36-14 Glen Oak Ave E Terrace View Ln Glen Oak Ave N B-15 0.11 Kapok Terrace PB 36-14 Lake Vista Dr West Dead End Glen Oak Ave E B-15 0.17 Kapok Terrace PB 36-14 Moss Ave South Dead End Glen Oak Ave N B-15 0.31 Kapok Terrace Kapok Terrace First Addition PB 36-14 PB 49-48 Grand View Ave West Dead End McMullen Booth Rd B-15 0.22 Kapok Terrace PB 36-14 Terrace View Ln Moss Ave McMullen Booth Rd B-15 0.14 Kapok Terrace PB 36-14 Merrill Ave West Dead End McMullen Booth Rd B-15 0.22 Kapok Terrace Kapok Terrace First Addition PB 36-14 PB 49-48 Hoyt Ave West Dead End McMullen Booth Rd B-15 0.15 Kapok Terrace First Addition PB 49-48 San Jose St West Dead End Madera Ave B-15 0.04 Del Oro Gardens PB 45-74 San Pedro St West Dead End Madera Ave B-15 0.04 Del Oro Gardens PB 45-74 Wolfe Rd McMullen Booth Rd East Dead End B-15 0.13 Bayview Bluff PB 33-53 Kentucky Ave Private Rd Meadow Lark Ln B-16 0.03 Bay View City Sub PB 9-43 Kings Hwy Pinebrook Drive Sunset Point Rd B-17 0.80 Unit 2 of Palm Terrace Sub. Pine Brook Sub. Deed Highland Terrace Manor Pinebrook Highlands Zephyr Gardens Second Addition to Betty Lane Heights Sub. Sandy Oaks Deed Deed Road Petition PB 27-63 PB 23-64 DB 1407-297 PB 36-46 PB 30-53 PB 14-22 PB 36-29 PB 93-81 DB 1407-290 DB 1407-299 BCC 17-294 Meadow Dr Sunset Point Rd Pineland Ln B-18 0.05 Barrett Manor PB 45-84 Elliott Dr Sunset Point Rd Pineland Ln B-18 0.05 Barrett Manor PB 45-84 Brentwood Dr Keene Rd Brookside Rd B-19 0.14 Lake Lela Manor Lake Lela Manor First Addition PB 35-12 PB 38-7 Beverly Cir N Keene Rd Brookside Rd B-19 0.15 Meadow Creek Lake Lela Manor PB 36-26 PB 35-12 Lake Lela Manor First Addition PB 38-7 Meadow Ln Keene Rd Brookside Rd B-19 0.17 Meadow Creek PB 36-26 Woodring Dr Owen Dr East Terminus B-20 0.20 Carlton Terrace First Addition PB 43-39 Dianne Terr Diane Dr East Terminus B-20 0.08 Diane Heights Replat PB 90-5 Morningside Dr Owen Dr East Terminus B-20 0.25 Carlton Terrace First Addition Winwood PB 43-39 PB 113-43 Marilyn Dr Morningside Dr Woodring Dr B-20 0.12 Carlton Terrace First Addition PB 43-39 Skyland Dr Morningside Dr Woodring Dr B-20 0.14 Carlton Terrace First Addition PB 43-39 Diane Dr Morningside Dr South Dr B-20 0.21 Carlton Terrace First Addition PB 43-39 Winwood Dr Morningside Dr North Terminus B-20 0.05 Winwood PB 113-43 South Dr U.S. Hwy 19 Carlton Dr B-20 0.07 Ehle Subdivison Carlton Terrace A portion of R/W described in DB 568-267 PB 28-39 PB 41-16 DB 568-267 South Dr Audrey Dr Sunset Point Rd B-20 0.22 Ehle Subdivision Carlton Terrace First Addition A portion of R/W described in DB 568-267 A portion of R/W described in DB 572-479 lying within Parcel “A” as shown hereon A portion of R/W described in OR 8730-235 lying within Parcel “A” as shown hereon PB 28-39 PB 43-39 DB 568-267 DB 572-479 OR 8730-235 Palmetto St N Myrtle St N Keene Rd B-21 2.02 Revised Map of Jurgens Addition to Clearwater I. A. Mason’s Sub Pine Crest No. 1 Springfield Sub No. 2 Springfield Sub The Country Club Addition Country Club Estates F.A. Kennedy’s Fair Burn Addition PB 4-17 PB 1-12 PB 1-66 PB 3-56 PB 4-23 PB 20-2 PB 25-43 PB 9-97 Pine Brook Unit 1 of Palm Terrace Sub Bonair Hill Sub No. 4 Oak Hills Bonair Hill Sub Highland Pines Sub Ambleside First Addition Ambleside Second Addition Eighth Addition to Highland Pines Sub Hallmark Sub Hallmark Sub First Addition The South 21.06’ of R/W conveyed to Pinellas County per OR 11117-1293 PB 23-64 PB 27-42 PB 29-79 PB 7-66 PB 26-108 PB 30-41 PB 61-8 PB 64-17 PB 57-70 PB 68-20 PB 69-48 OR 11117-1293 Pineland Dr Overbrook Rd Sunset Point Rd B-22 0.34 Nichols Subdivision Jade Heights Subdivision Harbor Vista Deed Deed PB 30-9 PB 30-90 PB 18-41 OR 7401-1365 OR 5282-1467 Jade Ave Overbrook Rd North Terminus B-22 0.10 Jade Heights Subdivision PB 30-90 Poinsetta Ave South Terminus Arbelia St B-23 0.20 Brooklawn Deed PB 13-59 OR 6194-1265 The Mall South Terminus Union St B-23 0.15 Brooklawn PB 13-59 Lantana Ave South Terminus Union St B-23 0.06 Brooklawn PB 13-59 Idlewild Dr N Betty Ln The Mall B-23 0.10 Brooklawn PB 13-59 Arbelia St N Betty Ln The Mall B-23 0.05 Brooklawn PB 13-59 Ragland Ct Ragland Ave East end B-24 0.03 Clearwater Manor PB 41-66 Sunny Park Drive Regal Road Temple St B-25 0.30 Solar Crest Suncrest Terrace Sunny Park Grove Brookhill Unit 8 Brookhill Unit 7 PB 36-72 PB 35-72 PB 36-2 PB 60-14 PB 59-40 Deed OR 1698-331 Sunnydale Blvd Hercules Ave N Belcher Rd B-26 0.50 Clearwater Industrial Park Clearwater Industrial Park Replat Resolution PB 44-46 PB 71-91 OR 5318-435 Sunshine Dr Railroad R/W Calumet St B-27 0.24 Clearwater Industrial Park Deed PB 44-46 OR 335-602 Woodlawn St S Prescott Ave S Betty Ln B-28 0.04 Unit 1 of the First Addition to Salls’ Subdivision Brookhill Unit 1 Road Petition PB 36-51 PB 39-41 BCC 2-198 Howard St S Jefferson Ave Young Ave B-28 0.06 Salls’ Subdivision PB 28-38 Woodside Ave Magnolia Dr Druid Rd B-29 0.12 Oak Acres Sub Unit 2 PB 28-41 Woodcrest Ave Magnolia Dr Druid Rd B-29 0.12 Oak Acres Sub PB 27-11 Woodruff Ave Magnolia Dr Druid Rd B-29 0.12 Oak Acres Sub PB 27-11 Total 17.01 LEGEND C/L Centerline PB Plat Book OR Official Record DB Deed Book RPB Road Plat Book BCC Board of County Commissioners Minutes Book SUB Subdivision R/W Right-of-way RP Road Petition (P) Plat EXIBIT B Right-of-Way Transfer Maps B1 – 1 SHEET B2 – 1 SHEET B3 – 1 SHEET B4 – 1 SHEET B5 – 2 SHEETS B6 – 1 SHEET B7 – 1 SHEET B8 – 1 SHEET B9 – 1 SHEET B10 – 1 SHEET B11 – 3 SHEETS B12 – 2 SHEETS B13 – 2 SHEETS B14 – 1 SHEET B15 – 2 SHEETS B16 – 1 SHEET B17 – 3 SHEETS B18 – 1 SHEET B19 – 1 SHEET B20 – 3 SHEETS B21 – 3 SHEETS B22 – 2 SHEETS B23 – 1 SHEET B24 – 1 SHEET B25 – 2 SHEETS B26 – 2 SHEETS B27 – 1 SHEET B28 – 1 SHEET B29 – 1 SHEET EXIBIT C ASSISGMENT OF EASMENTS & FEE SIMPLE PROPERTY TRANSFERS Prepared by and return to: Real Property Division Attn: Jeffrey Harris 509 East Ave. South Clearwater, FL 33756 EXHIBIT “C” ASSIGNMENT OF EASEMENTS & FEE SIMPLE PROPERTY TRANSFERS This Assignment of Easements is made this ________ day of _____________, 2022, by and between PINELLAS COUNTY, Attention: Real Property Division, whose address is 509 East Avenue South, Clearwater, FL 33756, a political subdivision of the State of Florida, party of the first part and hereinafter referred to as “COUNTY,” and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, party of the second part and hereinafter referred to as “CITY”. W I T N E S S E T H: WHEREAS, a drainage easement was entered into on August 7, 1968, by and between JAMES B. BRATTON and ROSE A. BRATTON and COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 2904, Page 242, the nature and description of said easement is further described in the Attachment “C-1”; and WHEREAS, a drainage easement was entered into on July 25, 1968, by and between EDWIN G. GOETZ and NELDA G. GOETZ and COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 2904, Page 243, the nature and description of said easement is further described in the Attachment “C-2”; and WHEREAS, a drainage easement was entered into on July 21, 1968, by and between JOAN M. SMITH and FRED L. SMITH and COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 2904, Page 244, the nature and description of said easement is further described in the Attachment “C-3” ; and WHEREAS, a drainage and utility easement was entered into on September 11, 1974, by and between CHARLES R. SAGONA and NANCY A. SAGONA and COUNTY that did grant and convey unto COUNTY, a drainage and utility easement, subsequently recorded in Official Records Book 4230, Page 652, the nature and description of said easement is further described in the Attachment “C-4” ; and WHEREAS, RESOLUTION 90-334 was passed by the Pinellas County Board of County Commissioners on September 11, 1990, which vacated Lake Patricia as shown on the plat of Virginia Grove Estates, located in Section 08, Township 29 South, Range 16 East, and reserved drainage and utility easement over the vacated area subsequently recorded in Official Records Book 7382, Pages 2185-2189, the nature and description of said Resolution and easement are further described in the Attachment “C-5”; and WHEREAS, a conservation easement was entered into on September 22, 1993, by and between WAL-MART STORES, INC. and COUNTY that did grant and convey unto COUNTY, a conservation easement, subsequently recorded in Official Records Book 8489, Pages 170-174, the nature and description of said easement is further described in the Attachment “C-6”; and WHEREAS, a drainage easement was entered into on October 24, 1983, by and between MARGARET M. TIBERT and COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 5629, Page 111, the nature and description of said easement is further described in the Attachment “C-7”; and WHEREAS, a drainage easement was entered into on October 24, 1983, by and between ALBERT L. MCDONALD & JEAN R. MCDONALD and COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 5629, Page 112, the nature and description of said easement is further described in the Attachment “C-8”; and WHEREAS, a drainage easement was entered into on April 19, 2001, by and between STEVEN CHAMBERS & JANET LEE CHAMBERS and PINELLAS COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 11427, Pages 729-730, the nature and description of said easement is further described in the Attachment “C-9”; and WHEREAS, a drainage easement was entered into on July 22, 2005, by and between KEITH L. SINGH AND PHYLISS SINGH and PINELLAS COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 14853, Pages 2076-2077, the nature and description of said easement is further described in the Attachment “C-10”; and WHEREAS, a drainage easement was entered into on October 11, 2005, by and between MICHAEL P. MINER and PINELLAS COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 14853, Pages 2074-2075, the nature and description of said easement is further described in the Attachment “C-11”; and WHEREAS, a drainage easement was entered into on September 27, 2006, by and between RICHARD A. CLAMER and PINELLAS COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 15575, Pages 2589-2590, the nature and description of said easement is further described in the Attachment “C-12”; and WHEREAS, a drainage easement was entered into on March 25, 1983, by and between JAMES L. SLOAN & ETHELMAE P. SLOAN and PINELLAS COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 5498, Pages 935-937, the nature and description of said easement is further described in the Attachment “C-13”; and WHEREAS, a drainage easement was entered into on April 15, 1986, by and between JAMES L. SLOAN & ETHELMAE P. SLOAN and PINELLAS COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 6234, Pages 458-460, the nature and description of said easement is further described in the Attachment “C-14”; and WHEREAS, a drainage and utility easement was entered into on July 28, 1987, by and between GERTRUD K. LEON and PINELLAS COUNTY that did grant and convey unto COUNTY, a drainage & utility easement, subsequently recorded in Official Records Book 6550, Pages 2309, the nature and description of said easement is further described in the Attachment “C-15”; and WHEREAS, RESOLUTION 01-289 was entered into on September 18, 2001 by and between ROBIN J. SLOAN and PINELLAS COUNTY that did vacate a 30.0 foot unopened right- of-way known as Bayview Boulevard, as recorded in Plat Book 42, Page 54, reserving a drainage easement over the vacated area, located in Section 09, Township 29 South, Range 16 East, subsequently recorded in Official Records Book 11629, Pages 1116-1121, the nature and description of said Resolution and easement are further described in the Attachment “C-16”; and WHEREAS, a drainage easement was entered into on August 28, 2001, by and between ROBIN J. SLOAN and PINELLAS COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 11669, Pages 805-807, the nature and description of said easement is further described in the Attachment “C-17”; and WHEREAS, a drainage easement was entered into on February 26, 1980, by and between LAWRENCE F. KUFFEL & MALEVA KUFFEL and PINELLAS COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 5035, Page 81, the nature and description of said easement is further described in the Attachment “C-18”; and WHEREAS, a drainage easement was entered into on February 26, 1980, by and between JOHN E. FENDER & MARY A. FENDER and PINELLAS COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 5035, Page 82, the nature and description of said easement is further described in the Attachment “C-19”; and WHEREAS, a drainage easement was entered into on April 6, 2009, by and between ERRIC B. AMNAY & LEELAWATI AMNAY and PINELLAS COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 16589, Pages 558-561, the nature and description of said easement is further described in the Attachment “C-20”; and WHEREAS, a drainage & utility easement was entered into on January 19, 1963, by and between JOHN CLAUSEN, MARY HELEN CLAUSEN, WILLIAM M. RAMSEY, HAZEL A. RAMSEY, FRED CAMPBELL JR., and HARRIETTE H. CAMPBELL and PINELLAS COUNTY that did grant and convey unto COUNTY, a drainage easement, subsequently recorded in Official Records Book 1601, Pages 551-552, the nature and description of said easement is further described in the Attachment “C-21”; and WHEREAS, a Warranty Deed was granted on July 16, 1991, by and between RICHARD MAHER & JAMES A. VOGEL and PINELLAS COUNTY that did grant and convey unto COUNTY, the fee simple interest in Pinellas County Parcel ID# 28/28/16/00036/004/0030, subsequently recorded in Official Records Book 7625, Pages 537-538, the nature and description of which is further described in the Attachment “C-22”; and WHEREAS, a Warranty Deed was granted on August 6, 1991, by and between JAY J. SHOEMAKER AND LOUELLA I. SHOEMAKER and PINELLAS COUNTY that did grant and convey unto COUNTY, the fee simple interest in Pinellas County Parcel ID#28/28/16/00036/004/0020, subsequently recorded in Official Records Book 7644, Pages 2016- 2017, the nature and description of which is further described in the Attachment “C-23”; and WHEREAS, a Warranty Deed was granted on January 25, 1988, by and between STANLEY KLOSKA & BOZENA KLOSKA and PINELLAS COUNTY that did grant and convey unto COUNTY, the fee simple interest in Pinellas County Parcel ID# 05/29/16/94392/007/0180, subsequently recorded in Official Records Book 6669, Pages 1174, the nature and description of which is further described in the Attachment “C-24”; and WHEREAS, said Assignment of Easements and Property Transfers will divest the COUNTY of any further rights or responsibility to operate and maintain the easements and properties referenced herein as of the effective date shown above; and WHEREAS, said assignment of the easements and property transfers herein will not affect or release any public right-of-way for any portion of the easements. NOW THEREFORE, the parties hereto agree as follows: 1.The COUNTY, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration,, the sufficiency and receipt of which is hereby acknowledged, does hereby grant, assign and transfer to the CITY, its successors in title and assigns forever all easements described in and attached hereto as Attachments “C1-21”. The purpose of the easements as established in the above-referenced documents shall remain as described in said respective documents. The COUNTY, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, has hereby granted, bargained, quitclaimed, and sold to the party of the second part, including its heirs and assigns forever, the following described land lying and being in Pinellas County, Florida, pursuant to Section 125.411, Florida Statutes: all lands described in and attached hereto as Attachments “C22-C-24.” Said quitclaim conveyances also includes the transfer of all the phosphate, minerals, metals, and petroleum that are or may be in, on, or under the said land pursuant to Section 270.11, Florida Statutes. 2.The COUNTY does not guarantee the fitness or character of the aforesaid property for use by the CITY. 3.This Assignment of Easements & Fee Simple Property Transfers shall run with the land and shall be binding to the benefit of the parties hereto, their successors in title and assigns. IN WITNESS WHEREOF, CITY and COUNTY have hereunder set their respective hands and seals on the day and year referenced below. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: PINELLAS COUNTY, FLORIDA by and through its Board of County Commissioners By:__________________________ Dave Eggers, Chairman Date:_________________________ ATTEST: KEN BURKE Clerk of the Circuit Court By:__________________________ Deputy Clerk By: CITY OF CLEARWATER, FLORIDA __________________________ Jon Jennings City Manager Attest: ________________________________ Rosemarie Call WITNESSES: Name:________________________ _____________________________ Name:________________________ _____________________________ APPROVED AS TO FORM: ______________________________ Anne Morris Assistant County Attorney Countersigned: ___________________________ Frank V. Hibbard Mayor Date:_________________________ Approved as to form: ___________________________ Laura Mahony Senior Assistant City Attorney City Clerk ,::lf~f~2J~j]f j ·:·-·;1··:·:.. ';I ··•· . . 68075900 DRAINAGE EASEMENT THIS INDENTURE,. made this 7 day of CJ.,,11111$1 •. -~TWEEN James B·. Bratton and Rose A. Bratton his wife -A.D. '•' of the County of and State of , part of the _,·. •-'·· i.tf \. i;\ <l 0~. :.' ;i l \l first part, and PINELLAS 'COUNTY, a political subdivision of the State of· Florida, party of the second part, ;~,! :-,:~:-':* ,,(! ·•···.·· ,1 ·• , ' WITNESSETH, that the said part of the first part, for and in · ~ .. / · consideration of the sum of One Dollar and other good and valuable ~-J considerations to in hand paid by the said party of the second part, '\...a'.j th~ receipt whereof is hereby acknowledged, do hereby grant and release unto the said party of the second part, a per.petU:al drainage easement over ~j · and across .the following described property: ~J • The ~st:.. 5 ;fE!~ti;£\ !Jot 15, Belh-cheer .. as re¢orcle"4 i~f j?l;~t Bqok 3'0, page 60, Re~~~~' of ~iJ1!1$l11~s county, florida. ,',· "n ,_ , " . ,. . ·, .. ·, . . . For.cdnfl;'t.ruct:ion, operation and repairs of necessary·. drainage facilities. ~ STATE OF FLORIOAI ~>-DOCUMENTARY STAMP TAX I 2~ = = COMPTROLLER I ~s : ~ P.e. = sEM·ss ::::: O o. 3 O 1 = =10521 _______ I IN WITNESS WHEREOF, the said part of the first part ha unto set hand and seal the day and year first above written~ Signed, sealed and delivered in the pr.esenoe 1· f • . / ~. ~~ tzLEg~ STATE OF Florida COUNTY OF Pinellas L.S. --------------- _________________ L.S. I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, J1r111#--.s 'ls. 151e.llTT0"' ~ \?o.:,g ,4, IJRIJ.7To~ to me well known and known to me to be the persona described in and who executed the foregoing instrument•and'VH,~7 acknowledged before me that ~1--y executed the same freely and voluntarily for the purposes there~n expressed. WITNESS my hand and official seal , A.D. 194' tr_~-·. -· ' My Commission Bxpireet, Prepared 11ft Paul Bumnte, 315 JJ0 ven li'tre~t c,... ... .... , F~,J._ .-i. ,::,,;, ."1 .-~r-lf-/.S -"'t\~ ~! ~-~ -J ATTACHMENT "C-1" ATTACHEMENT "C-2" ATTACHMENT "C-3" ATTACHMENT "C-4" ATTACHMENT "C-5" ATTACHMENT "C-5" ATTACHMENT "C-5" ATTACHMENT "C-5" ATTACHMENT "C-5" i: (... -.0 INS'r It 93-349021 DEC 2, 199 3 3: 4 6PM .,Pl~ELLAS COUNTY FLA. O~f.REC.OK 8489 PG 170 CONSERVATION EASEMENT 1// In considl.!ralion of Lile prcmisl!s and mutual covenants, terms, conditions and restrictions contained· l1erein and other good and valuable consideration the receipt of which is hereby ack11owledged, Wal-Mart Stores, Jnc. ("Gramor") of the property described in Exhibit "A", attached and)ncorppratcd by reforcncc, hcrL'inaftl!r rcfcrn:cl In as the "Properly" on behalf of iiscl f and. its successors, heirs and assigns, grants and gives unto Pinellas County ("Grantee"), 315 Cot.rt Street, Clearwater, Florid,1, 34616, a conservation easement pursuant to Florida StatutJ 704.06 owr' titc Property of the (irantor. I \l~I . /. 1/\ . . I . . II 1 . 1e -intent ot,, t 1c, i:asemcnt 1s lo n.:tmn I1c casement area Ill an esscnua y natura condition. The follmving acts m activities arc expressly prohibited within the easement in the absence of a specific 'permit from the ClranlCl': \) ,/'\ --,·:•--r1•· .-. _,_ .II , I HJ /ll c.. . ~~Jc-~~ Construction or the placing of any structure or materials on or above the ground. C ~\\I \\ -·1·. I . . ·1·. . . . I (a) (b) (c) onstrm.:11011 ord> aclllg-111 11t1 11tes, l ra111agl.' l.il'J 1t1cs, 1111t1f_at1011 ,1rc;1s, ur t 1c planting of vegcwii1§ The placi.:mi:nl o( .111 v 111a1L·rial s11d1 as trash or 1\'astc which is in consistent with the intent of thL(co11~1..-rv,t1i1111 2i\ement. I.; -' F: :,, (d) ., (/ .\\. I • . Placl.!menl, removal or destrnc11ons ol trees, shrubs or 011cr vcgetauon, includmg mowing, pest icicle a11d. hi.!rbicidc 'u~ ~Hi ;:... ... 6 <::::i .... ~ I l'-~ '.:-2. j I~-,::: \}J , ,., '1h :~ : ,. ·-1 - ;,, I • I ,. :, : __ ·•, I n " 1 :, .~ t'+ : (e) (I) (g) E . I~,-·1 xcava11on or ot 1er rcmova ol, mati:na . • // -~ ~ 1 Uses c:-..cL~pl tor the purposes that. perm II• the· area dcl 111ed by I le casement to remain in an essentially m11ura(cond(~'; l Any iK'livity detrimental Ill drainagl.!, tlood control)water conservation, erosion control, soil conscrva1io11, or t"ish and ,vildlit/habitat preservation. "// The following rights arc rnnvcycd to Gra1111:c by this i.:asc111cn1: \\ (a) (b) To enter upon thL' Propcrtv at rc.1sonabll.!,1i11ws to enforce the rights herein -----...... gran1ccl upon prior notil-L.· 10 Cir,rn1or, its l1drs, ,uccessors or assigns at the time of such entry; and ( ( ) J To enjoin any activity on or u~c of lhl) Property t)m,t is inconsistent with the purpose of this l'llllSL'l'\"ilti1111 c.is~mcnt aml to L'111°11rc1: the rrstoration of such areas or features of the J>roJK'rtV that may bi.: clamagt·d by a11i11eonsistcnt-activity or "'"'""'""'N."~":::;, . e,,,,,,« "" ( buniir::i)) Fil.I! ,1, u.1Kn.1HH r-:: .~:1_i:. '.;; .. : ... -... • .. .. . .. r • 1!:1 111 -~ r.-1:,: , ... , ,,. ~. ·-· .. , . , .. 1 ~~~~~~N v~R, ~i~~A~~~' J}flK ~,:.i:::;::'. ,; .. :: )~E~~-~~~l ATTACHMENT "C-6" ,• ~ PfNELLAS COUNTY FLA. OFF.f?EC.BK H489 PG 171 3. Granlor rcsi.:rvl..!s lo itself. its hcirs. succ:essor or assigns: 1) all rights as owner of the Propi.:rty including the right to engage in all uses of the Property that arc not expressly prohibited herein and arc not inconsistent with the ~purpost! of this consi.:rvation i:asl'l11Cnt: and 1/(b) the right lo perform such mai111i.:nancc as is llL'L'cssary to preserve the casement ·~iii' ~ ~sscn Lia I I y 11a1Ltral cond i L iun. 4. ( ~o right of. accc!ss by thl.! gcncral public to any portil,n of thl.! Propt!rty is conveyed by this conservation 'easement. ~ // \ 5. Grantor agrees to hJa~ ;~I costs and liabilities of any kind related to the operation, upkeep and maintt!nance"of \1he Property and dues hereby indi.:mniry and hold Grantee harmless therefrom. ,... v ./"\ //\\ 6. Gran tor agrees to/ pay any and all real property taxes and assessments levied by compell!llt authority Ollthe Propcrt}\) V \) 7. Grantor intends that enforci.:mc~ of the terms and provisions of the conservation easement shall he at the cliscrction of the Ci ran tee anc.1 that anv forbearance on behalf of Grantee to exercise its rights hcrcw.1dfr,,,i11 Jhe·cv~u,of any brc,;i..:h hereof by Grantor, its heirs, successors, personal representatives or. assigns shall not be dcc111ccl or constructed to be a waiver l1f Grnntec' s rights hereunder in 1h'c ~vi.:111 nf a ~ubscqucnt lm:ach. 8. Grantee agrees that it will L~ld__!hj~ co11~vatil~1 casement exclusively for conservation purposes and that it will not assign its rights and obligations under this conservation casement except to another organization quali lkd to holc.l-SL1ch in1cn:sts under the applicable state and federal laws and committed to holding 1hi(i:..·011scrvation easc1111:nt exclusively for conservation purposes. r ~ V / 9 Jr · . . I. . \ I 1· . I f . any prov1s1011 ot I 11s conscrvauon casement or t 1c app 1cat1on t 1creo to any person or circumstances is found to be invalid. the ri.:mainc.lcr of th1..<1m>visions of this conservation easement and the application of such provisions to persons or circumstances other than those as to which it is found to c invalid shall not be affected th"crclly. 10. All notices, consents, approvals or other com~\lliuns hereunder shall he in writing .. --and shall be deemed propt!rty givi:n if si.:nt by Unitl!d Statcs ccrtilicd-mail, return receipt requested, addressed to L he appror>riatc pa fly or succcssor-i u-i utcrCst:' V (l;ll'OltMICllNSl"':;1t, klllll 1'11.H 1111 HXIJ.10~~ ATTACHMENT "C-6" • ,# •• /) . /;< . • . PINELLAS COUNTY FLA. OFF.REC.BK 8489 PG 112 / Grantor agrees that the terms, conditions, restrictions and proposes of this conservation casement will be included in any subsequent deed or other legal instrument by which the Granlor ~<livfi.lS /5 of any interest in the properly. 12. l This conservation casement may be amc11ckd, altered, rt!lcased or revoked only by , // --writlen ;1grecmcn1 between the panii:s hereto. V I / \\ ( TO HA VE) AND TO HOLD unto Grantee, its successors and assigns forever. The covcnan'ts, terms,· conditions, restrictions and purposes impost.id by this conservation easement shall be' binding not only' upon Grantor but also in its agems, personal representatives, heirs, assigns and all other suc~essors lo it in interest and shall continue as a servitude running in perpetuity with· the Property\) V \) / '\\~ IN WITNESS WHEREOF Gra111or /1c1s executed this instrument on the day and year below wriuen. / ~ ATED this 22nd (Jay of Sl'ptcmhl.)r , 19~.~ in lknto11County, Arkansas. ----14~i.,;....;a:;__V __ ✓ -~ /9// __ ~-·'-.:? ___ . ~~:-__._.__---:-:>_. -- Pat rid, E. Peery, Asst. Vicc.>,l're,·th~.nt ,J;irncs M. Davis, Asst. Sccretor 7 0 1 S • II' :1 l t n n 111 v d • ~ _.---/ ll Ent o II v i I 1 e , AR 7:2 7 I h -8 7 o:; ~ / / ,,,.. ?L~~~ Witness as to both ' Witness as 10 both Signatures ~gnaturcs The foregoing instrument "''" acknowledged before me thi~ of, Q · · L ~-1 1993 by P,ttrick E. Peery of lval••Mart Stores, Ini.:0 ~ v. Grantor rary Public tatc of I\ 1· k a 11 s a s My Commission expires: C !;\Ff Ill M'.t.'ON!>l:.,\SE .lllJI IJ 1'11.B II JJJ.fAJJ.R.1H 12/S/2002 ATTACHMENT "C-6" /\' «:;r U") It) I') a:: rt') CONS£RVA TlON EASEMENT EXHIBIT •A• SECTION 18, l'OWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY I FLORIDA PINELLAS COUNTY FLA. 0 0 I I") .-... ... a:: w Q) ~ :) z Q) 0 "") CRAWN BY 8.C.H. IU ::.. .... it Q co co ~ IL ),. ID Uf'F.REC.BK 8489 PG 173 GULF TO BAY BOULEVARD (STATE ROAD No.60) •~ TH£ NORTHERLY LIN£ Of TH£ SOUTHEAST 1/4 OF SECnoH ,a TOWNSHIP Zi SOUTH, RAN(;E 18 £,Ur ---:------&--~ / I N 89"41'27"W 880.01 ~, // ~ POC -~8 :!.THE 1t£•n1er• , , .-a....: {Pl.Al' SOOK 85,' PA(;f 16) TH£ NORTHEAST CORNER Of :. c:;j _/ / \ \ TH£ SOUTHEAST 1/4 Of :: \_,,/ \ \ \) SECTION 16, TOWNSIP ZI SOUTH. RAH(;£ 15 EAST V, / ~IJNE TABLE~ ...... --~ ~ ~ :... : L!.. -0~ -.!.~ " i~ " 0 -:...~ :it ~Qi -~ ~~ .., a ~ • cS V) LINE/\ BEARING DISTANCE ,,.,1 N 13'06'01•w 80.81 \ \ 2 N '05'28'33.W 23.26 \ J N so·o9'4o•E 42.13 4) N 18'22'13.E 31.16 5 N 09'31 '22•E 52.98 s N-os·10•4s•E 2a.Ja 7 / N , 10"05'30.E 60.21 / 8,,,.. N 21 '43'45.E""' 77.00 V 9 N, 79•12·os·E""' 100.00 1 o N 1e·2s·s1 ·E \ 97.56 11 NI as·1 s'os·E 1 oo.47 12 IN se•44• 18·E / 88.67 1J s'se·2e'47"E 'vss.J4 14 S, 89'02'32.E 155.84) 15 N 79'45'57"E 24.85 16 S 27"03'04.E / 61.55 17 S 88"22'33.E / 25.59 ' / ;) -::-:-;--7 I \/1/ / 1 (I~ t.,: , /E!1 N Brti'OJ-w cj~ 274.68 S 01•J7'21'W 2£44 !-.lo,i >,.~-1<.1 ,.., ;;J:... u ~~~~ TH[ SOUTflf/lLY RlliHT·OF·WAr LIN£ OF DRUID ROAD i,,lli !?:!>i «=~ii)) C LEGEND / " 0 0 10 0 0 ... 0 0 N 0 0 0 ,- 0 0 N DRUID ROAD P. 0.8. = POINT, OF . BE GINNING f / \ \ .... w w 1.4.. z w ..J < 0 V, P.0.C.= POINT OF COMMENCEMENT ' I I I CHECKED Q DY .C. TYPE Of' WORK PERFORMED SKETCH & LEGAL . ,~") SHEET 1 OF .f- ATTACHMENT "C-6" EXHIBIT UAII PINELLAS COUNTY FLA. OFF.REC.BK 8489 PG 174 ~ LEGAL D&SCRIPl'ION V /I .,,..._ BEING A CONSERVATION EASEMENT, LYING WITHIN SECTION 18, TOWNSHIP 29 SOUTH/✓RANGE 16 EAST, OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY-DESCRIBED AS FOLLOWS: v-/ ,,.----...___""' COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP/29 SOUTH,\RANGE 16 EAST, THENCE RUNNING WITH THE NORTHERLY BOUNDARY1 LINE OF,SAID SOUTHEAST 1/4, N89°41'27"W, A DISTANCE OF 880.01 FEET; THENCE DEPARTING SAID NOR'l'HERLY BOUNDARY LINE, S01 °03' 04"W, A DISTANCE'OF-211,00 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST CORNER OF "THE REGENCY'\ AS SHOWN ON A PLAT OF RECORD IN PLAT BOOK 85, PAGE 18 OF THE ✓PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID POINT ALSO BEING ON'THE'EASTERLY RIGHT-OF-WAY LINE OF BY-PASS DRIVE; THENCE WITH SAID EASTERLY\RIGHT.:.oF-WAY LINE S01°03 1 04"W, A DISTANCE OF 1077.11 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF DRUID ROAD; THENCE WITH SAID RIGHT:-OF-WAY LINE S89°19'03"E, A DISTANCE OF 40.81 FEET TO THE POINT OF,BEGINNING; THENCE DEPARTING SAID RIGHT-OF-WAY' LINE N 13°06'0111W, A DISTANCE,OF 80.81 FEET; THENCE N 05°28'33"W, A DISTANCE OF 23.26 FEET; THENCE N'S0°09'40"E, A DISTANCE OF 42,13 FEET; THENCE N l8°22'1311 E, A DISTANCE'OF 31.16 FEET; THENCE N 09°31'22"E, A DISTANCE OF 52.98 FEET; THENCE N 05°10'45"E, A DISTANCE OF 28,39 FEET; THENCE N l0°05'30"E, A DISTANCE OF ,60.21 FEET; THENCE N 21°43'4511E, A DISTANCE OF 77.00 FEET; THENCE N.-79°12'_08"E,,A DISTANCE OF 100.00 FEET; THENCE N 79°25'5l"E, A DISTANCE'oF /97.56-FEET; THENCE N 85°19'05"E, A DISTANCE OF 100.47 FEET; THENCE N 89°44'18"E,\A DISTANCE OF 88.67 FEET; THENCE S 89°29'47"E, A DISTANCE OF/55.34 FEET; THENCE S 89°02'32"E, A DISTANCE OF 155.84 FEET; THENCE N 79°,45'57"E/ A DISTANCE OF 24.85 FEET; THENCE S 27°03'04"E, A DISTANCE OF,61.55 FEET; ,THENCE S 88°22'33"E, A DISTANCE OF 25.59 FEET, TO A POINT ON-THEiWESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 19 AS RECORDED IN O.R, BOOK/3579, PAGE 250 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA;,..THENCE WITH SAID RIGHT-OF-WAY LINE S 01°37'27"W, A DISTANCE OF 26 .. 44,..FEET;_THENCE CONTINUE WITH SAID RIGHT-OF-WAY LINES 02°23'1611W, A-DISTANCE ~OF 143.24 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE N-89°19'03"W, A DISTANCE OF 274,66 FEET; THENCE S 01°03'04"W, A DISTANCE OF 1 200.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF DRUID ROAD'AFFOREMENTIONED; THENCE WITH SAID RIGHT-OF-WAY LINEN 89°19'03"W, 11/DISTANCE-OF 459.14 FEET TO THE POINT OF BEGINNING. V « CONTAINING 5,411 ACRES MORE OR LESS. ~ :-~l .. -. ':!! t:.~.:i-m.~ , .... ,,, ~ uc•c °' :'1/'lc COLLE[ i -iiii2i ~ -. 3) ___ !9:!~ -.. \ (_ Tu1;1L: ~o. 70 Ln:ir1 1:l'i1 •. 1t11iDERED: $1.00 '---CH/1i'-IGE; 1/ :tO. 30 ~ SHEET 2 OF~ ATTACHMENT "C-6" !: \· . . 88211455 O.f. 5629 PACE 111 ORAIHAGE EASEMENT THIS INDENTURE. made this ol.-Y day of (!Jc,.,/ BETWEEN MARGARET M, TIBERT ,A.O. 198'3, of the County of Pinellas and State of Florida , party of the first part, and PIHELLAS COUNTY, a political subdivision of the State of Florida, party of the second part, WITHESSETH, that the said part Y of the first part, for and in consid-eration of the sum of One Dollar and other good and valuable considerations to her in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do es hereby grant and release unto the said party of the second part, a perpetual drainage easement over, under and across the following described property, lying in the County of Pinellas., Stilt�-of 7Florida,to wit: 1, 1�.--J�IH 2 1. 2s0C83 1H 8.% TIJTR 8 .'lS CA'51t 01 �II Chg ,CO R•e IV L 41 OS f/.C. The East 7½ feet of the following described property: Lots 8 and 7, Block 3 of Virginia Groves Terrace Second Addition, recorded in Plat Book 37, Page 73 as recorded in the Officia l('Re�or:_ds of Pinellas County, Florida, LESS the East 30�feet. �� Documtnluy e S ..... J. t/_ .1 : ..... . S ............. �. �lnlang;b!c T.n Pd. //'' '> ,,�oe Bl�\,r, Cl"lc,-Pindlls Co:.inty . � //"\; ,o '" .. ---� �A IJ . . .. �1...v.V�u'> ;puty Clerk Te>t �o/(' U ✓ // IN WITNESS WHEREOF, the said part yq()f the first part has set . her hand and seal the day and\YJ1first above written, Signed, sealed and de ·vered // hereunto in th presence �! �� � , .. ��J� L.S.arg{te[k�Tibert \\_ _,/) A L.S._____ __;_:....;;...;__:_...:_ ______ ___ _____ �_Y___:._:_h ___ �L.S. L.S.(signature of two witnesses required by Florida law) ---------------- STATE OF cournv OF I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Hargaret M. Tibert to me well known and known to me to be the person described in and wh� executed the foregoing instrument and who acknowledged before me that they e�ecuted the same freely and voluntarily for the purposes therein expressed, ,/ WITNESS my hand and official seal this_-=-,,2.;....,,,,_V __ �a�.?-✓-Oc I ,A.o. 198'J . _ ... , �.•'=., •P, ;� '/... r,,,, .· �•·. :,b My COfifi'lission Expires: :v1--�c 3 17 s--( _. ., <'i ,_ .. . " , ' ... ,r : . �-\. . f .. '-" _ .. L ·''· __ .. •· I 7 /I . 1 , _J 7 ,,,,. ,. • I \ _J ATTACHMENT "C-7" ATTACHMENT "C-8" ATTACHMENT "C-9" ,t-{OR\0� PINELLAS COUNlY PUBLIC WORKS DMSION OF SURVEY ANO MAPPING 22211 U.S. HIGHWAY 19 N. CLEARWATER, Fl.ORIDA 33765-2347 SECTION(S) 05 1 TOWNSHIP 29 SOUTH, RANGE 16 EAST · Addition• or deletion• by oth« than the PnlfNl!onal Land Surwyor In l'Nl)Clll8lble charge 11 pn,hrbitad. Land DNCrlptlon 11 inVOfld without algn� and/or am� NCI! of the � Land Sul'Wl)'OI' PINELLAS COUNTY rLR. Orr.REC.SK 11427 PG 730 �� DESCRIPTION The I East 9 feet of the West 14 feet of Lot 4, Block 7, Virginia Grove Terrace Fourth Addition Subdivision, according to the plat thereof, as recorded: in ,. P�a( Book 37, Page 75, public records of Pinellas County, Florida, in Section 5� Township 29 South, Range 16 East. v�v CALCULATED BY: Tho above Sketch and/er Land description wa1 prepared under my 1uporvl1lon and r, true and ch correct to the beat of my knowledge and bellef. CHECKED BY: db S.F'.N.:996 EXHIBIT SHEET 1 OF 1 5993 Parcel No.: P001 ATTACHMENT "C-9" ATTACHMENT "C-10" PINELLAS COUNTY FL OFF. REC. BK 14853 PG 2077 / -· . ('PINELLAS COUNTY PUBLIC WORKS OMSION,OF_.....SURVEY AND MAPPING\ '\22211,..U.S. HIGHWAY 19 N. "'-CLEARWATER, FLORIDA 33765-2347 JI SECTION{S) 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST 0 Addition■ or deletions by other than the Prafe .. ional Land Surveyor in re■ponsible charge i■ prohibited. Land Dncriptian ia invalid withaut 1ignature and/ or emboHed aeal of the Prafeaaional Land Surveyor � DESCRIPTION The West,.20 fee�l 6, Block 7 VIRGINIA GROVE TERRACE FOURTH ADDITION Subdivision, according to plat thereof, as/recordedjin_ Plat Book 37 Page 75, public records of Pinellas County, Florida, In the Southwest 1 / 41 of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida. \ \ J CONTAINING: 1400 square feet or 0.032 acres more or less. � /'(� SKETCH--NOT A SURVEY �\��NELLAS' COUNTY�(a:\· / 10 �/1/ (/) z I SCALE IN FEET 16 1 "= 40' 8 9 SHEET 1 OF 1 0 LEGEND: (P)PLATPB PLAT BOOKPG PAGE TERRACE DRIVE 16 40 < ... ;.,; Parcel No.: P010 ATTACHMENT "C-10" ATTACHMENT "C-11" ATTACHMENT "C-11" ATTACHMENT "C-12" PINELLAS COUNTY FL OFF. REC. BK 15575 PG 2590 /,; PINELLAS COUNTY PUBLIC WORKS DIVISION OF SURVEY AND MAPPING 22211,u:s. HIGHWAY 19 N. BLOG. 16 CLEARWATER( FLORIDA 33765-2347 PHONE: (727) 464-8904-FAX: (727) 464-8906 Vo / Pinellas County PUBLIC WORKS Section �owri.ship 29 South, Range 16 East ��,escription The South 15 feet of the North 20 feet�-.;;.k3, Virginia Grove Terrace Fourth Addition subdivision, according to the plat thereof, a�,fecorded1iri Plat Book 37, Page 75, public records of Pinellas County, Florida. \ ( <) Containing: 1,245 square feet more or less.��V Certification� The above land description was prepared under my supervision�d'is true and correct to the best of my knowledge,.nd beli;fj !))r j ,' '1 /;_3/ch SEAL -C-=h=ar"'-1-le.uos"'"'N ..... ""'G'--i-b ...... o..=:n::...., J-1-r......,.',�P""'. L�_1.1o:o:s�. --,,j,!:.../---/ 9fute Professional and Surveyor Nof 238 SFN 996 -Parcel Number P018 ·\,/ EXHIBIT A ATTACHMENT "C-12" t I i ' -l ! 830G0925 . O. t 5498 r,1,CE 935 ORA WAGE EASEMEtlT nus INDEHlURE, made this 25th day of _ __:~.:..:.,a:.-=-r-=ch~ ___ ,A.O. l9__8_L, JAMES L. SLOAN & ETHELMAE P, SLOAN, his wife BETWEEN of the County of Pinellas and State of Florida , part ies of the first part, and PIHELLAS COUNTY, a political subdivision of the State of Florida, party of the second part, WITNESSETH, that the said parties of the first part, for and in consid- eration of the sum of One Dollar and other good and valuable considerations to them in hand paid by the said party of the second part. the receipt whereof is hereby acknowledged, do hereby grant and release unto the said party of the second part, a perpetual drainage easement over, under and across the following described property, lying in the County of Pinellas, State of Florida, to wit: · Lands described in 11 DESCRIPTION'! attached hereto and by this reference made a part hereof, i .. , .. iq 1CfS0533-8 12 •H 1. 2'7t1033 (signature of two witnesses required by Florida Law) STATE OF FLORIDA .. ~ • ~ # : ~ t"'\ • -:. _ . ..J 1• _ .·.-~ ''.v. 7~!)RIOA. 1) hereunto COUNTY OF PIHELLAS I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, O.IJ5 O.Q5 (A James L. Sloan & Ethelmae P. Sloan , to me well known and known to me to be the persons described in and who executed the foregoing instrument anci who acknowledged before me that they executed the same free Jy and vo 1 untarily for the purposes therein expressed. . . , . • ' . • ~ -!- ~Hlf~ESS my hand and official seal this ______ day of March ,A. D. 19 83 • .•. . .,·. .. .,. My Corrraission Expires: ---.\ L 7 i f i i 1 l .L • l t l ' -t I . ( I I l -. [ i-. i . I . l 1· ! , -. I l I \. t' ! ! l t. ! i" ,- i v ~-·· • , _J . / \ I I 7 ; I \· \ . ~ \ I _J ATTACHMENT "C-13" • t Parcel No, s Grantor(s) s Project 701.1 PINELLAS COUNTY ENGINEERING DEPARTMENT LAND SURVEY DIVISION James L, Sloan and Ethelmae P. Sloan, his wife Hoyt Avenue Drainage DESCRIPTION ·oJ.5498 r1.CE 93G The South 30 ft., and the West 30 ft. less the South 30 ft. of that certain tract, as recorded in O. R. 3309, Page 685, Public Records of Pinellas County, Florida, in the Southwest 1/4 of Section 9, Township 29 South, Range 16 East, Pinellas County, Florida, said tract being described as follows: Purpose Begin at the Northwest corner of Lot 2 in Block "O" of Kapok Terrace First Addition, as recorded in Plat Book 49, Page 48 of the Public Records of Pinellas County, for a Point of Beginning; thence South, a distance of 138 ft,; thence N 89°24'14" W, a distance of 442.19 ft., more or less to the West boundary of said Section 9; thence North along said West boundary, a distance of 138 ft.; thence S 89°24'14" E, a distance of 442.19 ft., more or less to t tf Point of Beginning. Perpetual drainage ept. Containing: 16,508 sq. ft. or 0.379 Basis of Bearings . ./" Bearings indicated are on an assumed meridia'n":;,based on the Westerly projection of the centerline of Hoyt Avemi:'e its <1cShown on Kapok Terrace First Addition, according to plat thereof, as ,recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida, and belng N 89°24114" W. This description prepared without benefit of Abstra, ~.>of Title; Legal ownership analysis or comprehensive fie{d survey. Subject to easements and restrictions of record. L 7 ' ' i l I • '. ' l '- c ' t· ~ -< '[ i I I I. I ' t I l f ! I I . : I _;· _J \ 7 _.,,. --j I i / . \ \ ·l _J ATTACHMENT "C-13" I L I .. NW COft SW Y'4 1 SW 1/-1 Sec. 9·29-lb 8,1S/S er .BEJIRlH(jS 8 .o.-i-i~s if\d~c.4+.d ,.-,.c. o" 4IJI\ Ql5U"'C4 t'f\f'";G~ b.ue:l o~ +h& 1,1,1uhrly p~cc+ioP\ o~ t}.t. c«t'tie"hr,e of Ho~ Alfc,,u<. ~ sk.wll\ oY\ K'lpo'l<. ieJ""raa. First AclJi+io~ acccrdi"' to pla.f +~•~o; 4S ttc63.d. i .... PJ..t &oK "t P-.,-'18; Puij~ ~J.s o~ Pil\C.ll•s C.tJnty J. F1wi'1o., l>cit-1~ &_so,•;g'I' l'f"W• . .1 - i'' = ~o I ,·· --·· .' ., -~~---~-~~~~•--~i:-.. ~~~ ' , . ~IXXD!Nr at A :eamw <F i1~~~15,~1:10:R .. (JIAL- u::··-:'rb:N'M'''"-Uft'rt )·,u;-.-,,•:1~-.~~.:..,1~1,-.-:.~ ......... w_,...........,.,Jliw,lt~'-•----------. 11 nY·1:AND~m .m:·.ILIEGIBLE. ' ' .,_,____ ...... . '.. _________________ ,,. .. , ............ ·•··•· o AC~e°,.,..,,~ MERRILL ·------------··--AVENUe 5- f}S' I (f, ~~ @ ~.> ' ~~ ~ I ,_ 0 ~__,__.....UNSET. VAl.LEv-.... ______ SL.OAN's .ACRE. _____ at ..... i sue. Pa. ;;21 PGr. s'I p 13 A.f2 1 PG-5 ~ j ll"IZ, ,,~ M.C\L..,0>) -ss'?i=>Y-- ~'·. I A . ;.I ~ .. ... ' ', ~ O.R. 33?.? 1 PG-, (o85 .. I~ -() "' 2 ~ -.,;;; ... Q) 0 .... rjJ ::) ~ LU > ~ . - ~0 JO Qi) .• ~: .::-:1 ,, _ +----KAPOK TER1\AC.EI FlRST. >:n>-.J . L :'>\__ Al>DJTI >I. P.'B. "I'}. PG. '18 30• ----------"",.!_..____ SS'(p l )------~ · ,_. .. o . ··~PRoPos·e»::~ .. <~-·;2,uN~~:·e:· _:: :·;·::i ... ·se M c·NT.~. · ·-o . . Ii ,., · · · · ... · · · · -, .. · n:: ·· • .. • -......, · "'• · · · . . ...,_ P') I j ~ · ... fli . · ··•.·_:·'.~'' ~~&:~~"ii'·,!!J~-Hr:J .. llifZ.JCJ' --~-ot/2\ · zj HOYT ---- f "" :r ~ ,_ C\i .e. "( ~ .J .... IU IJJ Y" ...i '2'" . :::- "o.~: · Per. /508 "1~2. /')_1 Cb, ti PINELLAS COUNTY, FLORIDA INOINUIUNO DIMltT.MINT 8S I (p) ~ ~~ Q:)',;; ~ ~ J .... ...-~-- c.n cJ') . 0 ~ ~ AVE NUS. © 9 • / ,__,____ Tl 3/10/83 ---l"ttUAltlD 9'I' I D~VIC,1Aug1. I I ' LANO SURVEY 01v1·s1ON HOYT-.: AVENUE :PRA11'/A4-E. SKcTcH -NtJT A sv~ve.y t-lo_"-'_-o_ .. _ .. __ -; SMUTZ 01' 2. l£6 ;~VJ 96tS"!"U ' ---~·-1·• ....... •·•. ~1, ''1•-,-~~·-:u·•: ;·•:•-··:":-:•"'"' ·-.~~·:·-, .. ,-.._.,,.~-..... ,,';", .. ; .... ~:.~•:.,, .. ,.,\,:•·~ ....... ~"'9;~.........,i._,.~~,, . ......,.~.~ ... ;¥'~",-'."---~ .. ,. .. -.. ---:~~-~~---:-~~'."."'-:-~-:-_,._, .. ...., •. -....................... ,.-......... ~ .. -...... ~-,. .• _, ··-··-----· • ····• ..... -· • ·•···-•·-•·.·•·· • L I ,h \ . ·, . '· • _J .,,. ·--.. ~, I .I JJ7i?lf ti/j~5;r~r-'::··• .. . ......_ _,/' ----~-·· '\ .. ,,,.,,.,· .. Jl9 --~-l :J . I _J ,. ·, . ,,. .:--~~_,,..., ATTACHMENT "C-13" ATTACHMENT“C-14” ATTACHMENT“C-14” ATTACHMENT“C-14” ATTACHMENT "C-15" ATTACHMENT "C-16" ATTACHMENT "C-16" ATTACHMENT "C-16" ATTACHMENT "C-16" ATTACHMENT "C-16" ATTACHMENT "C-16" ATTACHMENT "C-17" ATTACHMENT "C-17" ATTACHMENT "C-17" \ , . ') :::·-.-.-- . . :>:�----:. -�; _:_:--... .j -�--. ,, r I f l>RAUI/\GE EI\Sft-lEIIT8Q092499 O.�-ts O 3 5 Plt[. . 81 lHIS INDF.fHURE> r.1ade this .-2h..Lday of_· _J"d3Rt//ly:._.__A.o. 19 Bo• BETHEBI LAWRENCE FI KUFFEL & MA LEVA KUFFEL, his wife l I of the County of Pinellas and State of Florida , parties of the first ,·part, and PJHELLAS COUNTY, a political subdivisioa of the State o_r Florida, party of the second part, uith offices at 315.Hav�n Strcet 1 Clean-:atcr, floricia 33516 WITNESSETJI, that the said part ies 6i the first part > for �nd in consid-eration of the swo of One Dollar and oth�r good 2nd valuable considerations tothem in hand. paid by the said p3.rty of. ti1e second part, tht-receipt 1-;i1ereofis hereby acknot·Jledged, do hereby grant and relc<1se unto tile said p3rty ofthe second part, a p�rpetual drainag£? ease��nt O'ler, under �nd c?cross the L_ t . l follo;-1ing described property, lying in th:? County of Pin�llas> Stttc ofFlorida, to wit:i 1, 11,1 i 69n6 12 mo 1 • The east 5 feet of Lot 10, Block L, Carlton Terrace First 41 Addition, as recorded in Plat Book 43, page 39 of the I 3JN80 1-. .• 40 QS.�o CA I --:-.· Jju�l.ic records of Pinella� County, Florida.. . > �i STATE OF >-z COUttTY OF . , 6:� � 5 J HEREBY CERTIFY that on this day p�rson:: 1 ly app�,ffed before f:i;? ,. en O :::, u officer duly authorized to ad'ilinister oaths and take ackn0\·1lecJ9:mmts 11Lt.;8 ;l Lawrence F. Kuffel � Haleva Kuffel . Vl-' to r:li;? Hell kn0'.-10 a11ci kno:-:n to f:l-:? to be .the person S dcscrib�d in and i-:ho cxec�tcd j � the foregoing instrument and who ackno-.-rledg!:!d b�f�rc rn!? that they executed tne _i U sat�� freely .and \!Oluntarily for the purposes th\!reul cxp>�essed. u1 LU -/ ��,�;;��y hand :n�-o��i �!��:;:1 the _ __,21/2 ',�2 � _;:�,<t;1:,;:1it;Jii)ri.i�1 .-,�s= --.£-•fr-a y-rlt�c -.........------::1:--- .,. �l:J),.: ,.��-·:· . ' "'61,,lf P 6�>{ ;;,;cf.�(?. HOU),t. Al LAD 'MY c� EmtiS JAY ?2 1990 �1':.4-�--- ', I- -�-·. ·1 · ..-, -- --"-1 .. 7 -'; . -· -.... . -:, ·. -.. -·.-. � . \ · .... : ::;;l;I\;��11: ATTACHMENT "C-18" ATTACHMENT "C-19" ATTACHMENT "C-20" ATTACHMENT "C-20" ATTACHMENT "C-20" ATTACHMENT "C-20" ATTACHMENT "C-21" ATTACHMENT "C-21" , .• .. .•.--.c, �-: tf!ICIOH stlt•-•\H� )llll!IIIO 1nv,1ope) r· Barry M. Elkin, fsq. WAIUIAN'TY Dl&D INDIVID. TO INDIVIO IIAMCO ,anM 01 9500 Koger Boulevard, Suite 209 St. Petersburg, FL 33702 Ij This ln3tr,m�puld by: Barry M. Elkin, Esq. f 9500 Koger Boulevard, Suite 209 jSt. Petersburg, FL 33702 /;, I . J Property Appraisers Parcel 1.0. (Folio) Number(s):28/28/16/00036/004/0030 Orant1t(s) s.s.,(s): / ./ INST t 91-189614 JLY 17, 1991 11l24�M PINELLAS COUNTY FLA, OFF.REC.BK 7625 PG 537 ¥ /�/ ('/ � ---· IPACI AIOVI Tllll un FOIi PIIOCUIIM DATA ----"------- UA C I H I M n. 1.1111 ftlA -nm------ ( ( J\ lids Warrnnty .llccd Mn,lt• ,,,., I lo� V\ clay ofRICHARD.MAHER'and JAMFS A. VOGEL July A D. 19 91 ,,>' �/✓\ l,rrf'hrnfl<'r ,nllrcl. 1l10 11rn111or,' 10 PINELLAS CX>UN1Y, A POLITICAL SUBDIVISION OF THE SfATE OF FIERIDA� \> ,,,._ wlio�" 1111slol/frr ncl«lrm is ATIN:, E.NGINEERING RIGHT OF WAY 315 Court Street Clearwater, FL l1N<1i11nflrr c-nUC'1I If,., r,rnnll'I'� � \ \ 34616 f\\'huf\tr ,nttl. h,.,m ,h .. lftltt\ ' ..... ,n1·• .. �., ··11rantu·· iM'1u,tr an lht r•ul,, ••. 1hi1 lftlflYMl'nl , .. J 1h, h,i,,. lrcal � .,,,0,,1111,t\t, anti •\••••" nf i,ufhith,alt. and lht ,u,rruuu aflJ 1,u111111 ftl 1nrpa,a1l11ftl) llfitnessdh: .,-:,.;;, ,, ... fl�l�lor. to':n111l 111 c'IIIUl1l1•rnli1111 n/ '''" sum nf $10.00 nm/ od,rr 11nlu11l1IP rumi<l11rnlluns, rrrrif)I 111/ll'rro/ Is· /11�rrl1)' ,1r,11mPl1•1lorif. lwrl'/,y ornnls. f,nrgnl11s, 1rlfs, nflt"ru, rt• mlsc,s, ri•lrasrs, c111111rys nrul c·o11/irms · .. ;,,0 .... 1/111 grnnll"r. nil 1/1111 C:<'rl11i11 lnml slfunl<' In Pinellas Counly, Florhln. 11h:: � � Lot 3, Block 4, ACKERS/SUBDIVISION, accot-ding to the platthereof as recorded in1Plat Book\30, Page 91, Public Records of Pinellas County, Florida. \\ V 'lllIS IS NOT 'IHE HOMESTFAD OF nIE, ABOVE LISTED. GRANTORS WHO IN FACT RFSIDE AT:.+�3 .5''/ f'jJ A-..k.£�su� J5Ei(,-/,t >/.·;.. 3' 33!" (Richard Maher) and =-:lU A1:.am;�t� /" �c:p�<1l)�ames A. Vogel). Iogtlhtr w;,I, ,II ,, .. , ........ , •. h�2 ... ,, •••• w ,h,nlo h,longlno ., •••• ,. wlsr nJ111rrlnlnlng, \\IJo llaue and to ffold, ,�a ,am, In ,./,,m,,l., foreol� �d V // nn ,,.,, ornnfor lu•rrl,y rot•tnnnh 11111l1 snid granll'C', 1l1nl ,,,. oranlor Is lawfully st1liacl o/ said land '" Irr slnaplr; 1l1nf ''"' 11rn11lor l1ns good rlol,1 nncl lnw/ul mad,orlly lo "'" nn,I cont••>' snld lanrl: 11,nl ,,., ornnlor /1rrrl,y fully 111nrrnnl., 1l1C' 1111<' lo snlcl lnnrl nm/ t;,,11. Jrfr111l 11,a snmeo nonlrul II.ct lnwf ul claims of1111 p11rsn111 wl1omsnr11er; n111/ 1l1nl snld lurul Is fro of nil ;n�umlirnncc,s, unpl lnxts "fcrulng mf11ttqu,nllo f)pc,mf,eor ll. tQ90 OOC\J�llfltllrv Tax Pd. t Jq8'4.. ✓-· ' 9_ . _ .• • . ·- • /_ ... "'." lntnnr1lliln Tn� Pd. , /' ' ' Kart, .. •11 f. ,. m,i._,,r Clt•cl,. l'lr,:11.,s ("'l\llH\ I I I 1••·t J••h f ev -,-_..!.-f-1!C...,.....,-.�---Deputy Clor� R WI RCSS W trtO , ,t,,. 1n1<l nrn11lor l,ns 11111ml nncl ,onf,d 1'1,., pru•nls 1'1, clay anJ y,n,(lrsl nl1ol•t' u,rlllcon. Sion�1ir; �''.''";,°/}Jnu�nre: ", ...... C.t'!J_s.Jt.N.£ ...... �iG.e& ............... . r1ame: -v-,c..«/ILL-fii;iY!'l.'_,I(__ Wanie·:····�1fJ.1{� ..... �r�� .. -g ................................. . � ........... � AA4�'-✓-t· .��-Rt&ri���-- JA� �-'VOOEC �v· / STATF. OF PENNSYLVl\t'J .. lIA •v ,, /\ cm1Nn m· Ph I ,(j) Ol / ' ½,l l r '"""'>-I lfEREBV CERTIFV that on thi1. day,. be(ore me, an \ / ' \ J oflicfr dul)· autharirrJ in 1hr St�tr alortaaiJ and in the County aforesaid, to talte acltnowlrdgmenll, peuonally appeared to mr h�:��,� ,:��11n ,lr1cril�d in anil who uecutrd the fore11oin1 · i•n·��.r:\m.' ' .• " "' he.,,,_,:.,/) bt'fore 111, th.it he rurutrtl the umr.• ., , . WITNESS m)' h.uul �ml ollidal ,ral in the County a11d Stale latt afdtriJrd· .thli'. ,; /.'? Y'-day,af -.,,,uuuu,,,,,. "°1' ,,,_,,.. � 91 " .,,, n .,, " ·, July, A. n. 19 -:-:)·�e�:)�i.��: if \···· /�:�� /. A�)'!j,it.J TO: ,. . �·· ;. ;l_ ,.-.:.,:i . . y . . . �,?''";,t�:/µ,..-... _,. <A,-�. Plr�;I ; C�:!.')•;I • r;·'.;;,•'.'.'. :: � i�:·.i: '.' : .. :':i'�.IR:·;'l' �;12:n Of WiW ... otniiy'�otu::':1!!. i ... � ... �a�(::::;::::N:.�.::•;�iri���· sl:"'�'!''->':'°---r- ":oht ·;• �, :. . . . ,. . �··�{£_' · : : T My :. �'m�t$J.�t°��natancit n. Ke�.: er. Notary Pu Uc . N &·. ,. ·..,d· �·. ·1. �· :.: ''"·',il:ldal"hlll Ptuladolphla Cou Y .. •oc !'·t.·.·• ...... •·.. .. . ame ·.MU �•., .• •.•·· .. , ., , O"" �" -• • •••.• ----- -... -----·---......... ·, \� • V"liill AGENT / .:• ·· .... :-.v� .. ... · •.,;,., 'n .t .f ATTACHMENT "C-22" STATE OF FLORIDA OOUN'IY OF PINELI..AS PINELLPIS COUNTY FL�38 •' oK 76".l5 PG .;i OFF .REC•"-' .i;. I HEREBY CERTIFY WAT ON THIS DAY, BEFORE ME, AN OFFICER DULY tmlORIZED IN TI-IE STATE AFORESAID AND IN 'lllE COUNIY AFORESAID, 'IO KE ACKNOWLEDGF.MENTS, PERSONALLY APPEARED JAMES A. VOGEL, TO ME .. am TO BE TI-IE PERSON DFSCRIBEDIN AND WHO EXECUTED WE FORF.GOING '''&. l INSfRUMEITT' AND HE ACKNOOI.EllGED BEFORE ME �� 1l!E SAME, ti· . ·�� V✓ " , �h .ji;,,. . .;-��\�/�--�'�, .. . �-I ( Notary Public �•.:•. :•/:•·· _·, "�°'·•,'{�\ L,': MY,Ccmnission Expires: 2 3 q lJ Name & Address: ,-,,_.:�(: :;,: - \ � \ \ ( ( )v l 3 -z. � - O e : . :: ':J . ,J -1 � � 5: . • .. t .... '::) .. ) � c:_-,-� _ (:_....... _ _ "' &\ . i'e:.,c��'2ld1·:�.f,f�?,��� :� �"J / � ·.·,· ".s;· �ro<JAMF.S,A. vcx;a --�;.\ __ : NAME:�Z.P.\\ �LI���•�--S' c;?_o. L /\ WI'INESS AS TO JAMES ,, A. V(X;El.. NAME: Ll�Of\,,,D� 'if\��\\ y '0 \.> � 27085301 RMH 07-17-91 09: 42:42 01 -� DOC STAMPS7 2 ( ( TOTAL: CHECK AMT. TENDERED: "----=> CHANGE: $198,00 $198.00 $198. 00 $0,00 ATTACHEMENT "C-22" � !en<loH MW•adcllHNd ll&m�a�lo�) N.,.,..o:This Instrument was prepared by,GENTlm°' mu: ANO ABSTRACT. INC. This Instrument Prepared by: BV, Martha s. Weaver J25 Botcher Road N.Clecrwaler.fl.34625 which lnstrumenl was p1epared lncldenlal10 lhe wnling or a Tlllo Insurance Polley WARRANTY DllllD lNDl\111>, TO INDIYID, (V /4) INST t 91-211693 AUG 6, 1991 4:54PM PINELLAS COUNTY FLA,OFF.REC.BK 7644 PG 2016 P,opertv Appraise,s · Pe reel ldentillcetion (Folio) Numbcr(sl: ("" /28/28/16/00036/004/0020 Gianiec(sl S.S. •Isl:/ .,// ....----' SPACE ABOVE ms LINE FOR PROCESSING DATA ___ ......:,. _______ SPACE AIJOVE THIS LINE FOR RECOR01NQ DATA----: �7;/ // /. 8:!tht.u llarrantn me� },fade the 23rd <lay of July A.D. 19 91�:-:Jdy J � Shoemaker, a iram man and Louella I. Shoemaker, a single woman, I h as. io.i..nt tenants 'with riahts of survivorship ercmn1w>' ca,cc,i uw gra,m.lr, rtr Pinellas County� A Political Subdivision of '!he State of Florida' . I � :..:�. � /✓ \ ATTN: Engineering -Right-of-Way Dept • lnJ , whose post·officc.address is�40 Court St., Clearwater, FL 34616 . . �; (:\ hereinofter callccl the gr_antec:, : , . 0 ,•_:; � _/ (Wh,"vor OIN horrln U,o um,. 'l(nlllOr• aJ>d 'irnaolH' lr,clud, all lht 11&111" w We l111lr•111rnL ar,d lho (.,'. . •\ / h,i,., �•�• upn .. �latt ... anJ a.ulpo or lndlvldual,, and lh, 1ucuuo" an,I u,lp, or corporaLlono) �;·. ;,f llitnt1Jllil4: That the gra11t�r. for and in consideration of the su,n of$ 10.00 and other .• . . . . valuable co11siderations, reciipt whereof is hereby acknowledged, hereby gra,1ts, bargains, sells, aliens, rcmises, t': E: c releases, conveys and confirms -unto the grantee all that certain lancl situate in Pinellas ',i •:,�County, State of Flor�\\• viz0 tot 2, Block 4, Acker's Subdivision, according to the map or plat thereof, as recorded in Plat Book 30, page 1 9l, Public Records of Pinellas County, DS INT '° Florida. � ; ub' d -� f @ S Ject to easements an restrictions o record.� // \\ 3 1 THE GRANTOR WARRANTS THIS IS ( NOT HOMESTEAD PROPERTY AS STATED IN THE CONSTI'IOTION J IN THE STATE OF FLORIDA. \ \. V ""K�RLEEN F,.,, DEIILAKEF�, CLERK RECOl�D VEIUFIED BY' "6)_/ / I '1htQf_t4tr. with all lhe tc111mwnts, hereditnments and appurtenances thereto belonging or in anywise nppertamrng. V ------:--\ Q mo Jluue unh tn Jlnlil. the same in fee simple forever.� \ /, 1\nb the grantor herelnJ covenants with said grantee that the grantor is lawfully seized of said land in feesimple; that the grantor has goocl right and lawful authority· to sell am[ convey said la,id, and hereby warrants the--#--title to snt'.d lcrnd allCl will cltifcnd the sa.1ne against the lawful claims of all persons whomsoever: u.nd thu.t said landFEES is free of all encumbrances, c:rCl'pt taxes accruing subseqw,>tit to ·December 91, 19 91 . MTF 3Jn lllitnt.S.ll Bf19trtnf. the said grantor has sig;[ed and s[a/cd these presents the day a11d year first aboveP/C •r REV wri'.tten. \ \ �lll'l,11 ie A. Zebo i .......... : ... -��-9--PI-Q .....;i;;Jd�c-e�°'��,t1,..q:;.,�""""'"...,,,,,...../ --m,,111ialu,.. � '(J / "-.. Jay J. Shoemaker�\ Prfoi..a :lliflalu"\ ,/ /l c) ti£:-L L A I. 5 H O £ 1)7 � I} 'f::. iz ../\ 1•011 olnco AdJ,-/ ./ \ 83 Mason Ave., Binghamton,--NY (13904 J•nn1nl ��111uu,-� )STATE OF Ne� Yor:k V . "--._,,/ COUNTY Or' ✓� 9 f 111•; Hr: B\' Cr; R1'Jf'Y that on thii; 1iay, before me, un officer duly authorized in the Stutc dorcsnid und In th!! County,uforesnid to Luke ncknowk,fi;ment�, pcrsonnlly uppcn�cd J� J. �, a �le nBl1 ard r.meJ]a I. Sl:ataker, a sirgle /. \oOTBl, as :p.mt l:alants WJ.th r:i.grt.s of SJtVJ.Va:sup to ml! known lo be the pcr�on S dci:cribcd in and who eXt..'CUll'd the foregoing 1natr11mcrt and they ncknowlrogcd before me lhut they cxccutc<l lhc sumc. _,,/ ·-----\VITNl•::-is my h�n,Hi(\il:Wieil11 Reul ifl the County and Slnte last nforcnnid this ✓../.J /.,,,/dny of July , A.D. 1!191-.--. ,• .. \, -···. . V .;;_.-.:�-<:>·' . �.-�:·;· �-u"___........,.,..,qf:?L. zJ�,'� �--�:(·:.·· _.·::_.>· .,-, , .::\ ;·�,.. . fJo�r,: � patur,, ,;-:·.,:•. SE,lL ... ,;.:.•"·,: 4i-��:'�" •�·')'/'(,. ...... , ••.. •..,,,. t�!::i:::!:::::::,.,. V1::=,.._Y/ . : ::: . , • -· : �� ... ,:� • •. '. : ·, l-rinlr,!�ucy �ll(h>IUI,. REBECCA L. 7,1 WI!·· · • : • •· ,. · • ::: M>· c: .. .,.,..,.;,.., 1:,N'otiuy Put>lic, s1�,e of Now Voltl.. · \'7,_.; >>:-. .. W 00�::��in'�;�o0;��t�� 1tfi/':'? ·! .. ATTACHMENT "C-23" ATTACHMENT "C-23" W.llll~l\' c,uo-(SntulNJ Form.} 880188q7 Stev M, Seibert THIS INSTRUMENT PREPARED BY(AND MAIL·t JOHNSON, BLAKELY, POPE, BOKOR. RUPPEL& l"l:.W, P.A.. Posl Ollice Box t 368 OJlti!l 1Tttbtttfttrt, Cleaiwater, Florida 335 I 7 OR 6 6 6 9 PG I I 14 (n. tum.I "au•uo,r'• ••• ·•,,.uu.c-c:'• ~.,.~ •• i.u ,. c02,,,. ••• U is.chide a!l 1••lu1 ,.,_,t ,:.,,.tu H tl•.ral u 1.lc C'QAUat ie.J:.0:11111.t Madethb 25th day of -~~--January 19 fill . llttwttn EY KLOSKA and BOZENA KLOSKA, his wife ( //_ . oftheCountyof/ Monroe · • State of Florida • grantor, and ~ ~,/ PINEJ.~As.1 9omnY, _a pol_i tical subdivision of the State of Florida, attent1on:_.,,,...Eng1neer1ng Department II// whosepost-officead~reub 315 Court Street, Clearwater, Florida, 34616 oftheCounlyof (_;1/Pinel·las .Stateof Florida ,grantee, //.~\ Blt!ttftlstl~: That sa,i~·grantor.f~r,and in con,ideration of the sum of Ten and 00/100-----Dollars. and other good and valuable consideratio,u to said grantor in hand paid by sard grantee. the receipt whereof is hereby acknowledged. ha.t gra~t'ed. bargain~d and sold to the said grantee. and grantee's heirs, successors and assigns forever. the following described l~d. situtite. lyi-;.g and being in pine l las Coun tv, Florida, to-wit: . ~/:: \\ LOT 18,(Bloc~\7,\VIRGINIA GROVE TERRACE FOURTH ADDITION, accord~ng to plat thereof recorded in Plat Book 37, ?~ge\7?, Public Records of Pinellas County, Flo8Ja \\ \) · SUBJECT TO EASEMENTS /A~D RESTRICTIONS OF RECORD, IF ANY, AND TO T~~FOR THF. YEAR 1988 AND SUBSEQUENT YEARS. V / ~ ---------:- ---·----~ 1/ UNDER THE THREAT OF CONDEMib<TIO~O STAMPS ARE REQUIRED. ~ STATE OF FLORIDA COUNTY OF MONROE DOCUMENTARY k-:e "" -..., -.... -> ::t::-~ • m ~- >n· ... r ·.• •· -t• {:"_ ,. <.. •. ~ t• •.:':°' ,. .. ' -J"'· !! C .... .... f 51 >~ -~ ~: {,: . " I IIEREBY CEHTI Fl. that on this day before me, an officer duly qualified to ta Ice aclcnou·lcdgments. per.HJ!!?! ly "!li>iiea•t~d .... · ·:·. --.-· . ,.-.:::·:..· STANLEY KLOSKA and BOZENA KLOSKA a ' • ~ - .\fy commisJion e.xpires: lliOSJA TE l (G"'l SU?l't. Y CO. l'<C. -ORl.t.'<00. fl<P.ICI.,_ ATTACHMENT "C-24" Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10116 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 9.7 SUBJECT/RECOMMENDATION: Ratify and confirm purchase order to Engineer of Record (EOR) Hazen and Sawyer, of Tampa, Florida, for Engineering support for the Marshall Street (MS) and Northeast (NE) Water Reclamation Facilities (WRF) Digester Covers Evaluation and Repairs Project (21-0022-UT) in the amount of $180,000.00 per City Manager’s approval of emergency procurement, Clearwater Code of Ordinances Section 2.563(1)(k) and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater has two anaerobic digester tanks at its NE and MS WRF’s that convert organic matter into stabilized biosolids and methane (or biogas). The digesters are releasing small amounts of methane into the atmosphere through suspected leaks in their floating covers. The methane produced by the digesters is flammable and when mixed with air, can cause explosive conditions. Due to the potential threat to the plants and public safety, the City Manager approved emergency procurement for engineering and construction services to correct the issues. The purchase order to Hazen & Sawyer (H&S) is to support the City’s contractor’s required bypassing of the digesters, content removal, cleaning, and inspection to complete the necessary repairs. Once repairs are made, the digester process will be placed back into service. H&S’s efforts will also include support in managing the produced sludge while the digesters are offline. The City plans to hire Rowland, Inc. to perform the construction work to remediate the emergency at an estimated cost of $725,000.00. Engineering will return to City Council later requesting approval to ratify and confirm the actual construction cost once complete. The work is anticipated to last up to three months and will be completed on a time and material basis using rates included in the existing 2019 EOR Professional Services Agreement and the existing 2018 Sewer Point Repairs Contract for H&S and Rowland, respectively. APPROPRIATION CODE AND AMOUNT: 327-530100-96664 $180,000.00 Funds are available in Utility Renewal and Replacement Project 96664, Water Pollution Control Renewal and Replacement, to fund this purchase order. Page 1 City of Clearwater Printed on 1/12/2022 From:Jennings, Jon To:Gardner, Richard Cc:Maxwell, Micah; Vogel, Lori; Elswick, Tara; Brown, Jeremy; Flanigan, Michael Subject:RE: Digester Emergency Procurement Date:Thursday, November 18, 2021 2:47:35 PM Attachments:image002.png Rich,   I am very supportive of your request to forego the competitive bid process due to the emergency nature of the situation.   Please keep me updated on your progress in eliminating the hazard. Thank you for letting me know.   Jon     Jon P. Jennings, ICMA-CM, MPA City Manager City of Clearwater 600 Cleveland Street, Suite 600 Clearwater, FL 33755 (727) 562-4040 Office (727) 562-4052 Fax Jon.jennings@myclearwater.com www.myclearwater.com       From: Gardner, Richard <Richard.Gardner@MyClearwater.com>  Sent: Thursday, November 18, 2021 2:40 PM To: Jennings, Jon <Jon.Jennings@MyClearwater.com> Cc: Maxwell, Micah <micah.maxwell@MyClearwater.com>; Vogel, Lori <Lori.Vogel@myClearwater.com>; Elswick, Tara <Tara.Elswick@MyClearwater.com>; Brown, Jeremy <jeremy.brown@MyClearwater.com>; Flanigan, Michael <michael.flanigan@MyClearwater.com> Subject: Digester Emergency Procurement   Jon, Part of the wastewater treatment process at the City's Northeast (NE) and Marshall St (MS) Water Reclamation Facilities involves anaerobic digestion to stabilize the sludge (biosolids) which are removed from the wastewater in the treatment process. Digestion is the biological decomposition of organic material under heat and in the absence of oxygen. This process converts the organic matter into stabilized biosolids, and methane (or biogas).   The City has two digesters at the NE and MS that are releasing small amounts of methane into the atmosphere through suspected leaks in the digester covers. The methane produced by the digesters is flammable and when mixed with air, can cause explosive conditions. The potential for the released biogas to combust and cause explosive conditions poses a threat to the plants and public safety.   The solution is to take the digesters offline, clean and inspect, and repair the leaks in the digester roofs. This requires us to procure the services of an engineer and contractor working together to design and implement the repairs.   Due to the risk involved with the release of flammable biogas into the atmosphere, a threat exists to the public health, welfare, safety, or other interests of the city and that any delay because of competitive bidding would be detrimental to the interests of the city. If the procurement exceeds $100,000.00 (likely) it would be ratified by the city council.   Please authorize an emergency purchase of the engineer and construction services, without competitive bidding.   Please don’t hesitate to contact me with any questions. Thanks Rich   Richard Gardner, PE, CPM City of Clearwater Public Utilities Director 1650 N. Arcturas Avenue, Bldg. C Clearwater, FL 33765-1945 Office: (727) 562-4960 Ext. 7267 Mobile: (727) 224-7043     Job no hazenandsawyer.com Job no Hazen and Sawyer 1000 N Ashley Drive, Suite 1000 Tampa, FL 33602 * 813-630-4498 December 18, 2021 Mr. Duy Nguyen, P.E. Project Manager City of Clearwater Engineering Department P.O. Box 4748 Clearwater, FL 33756-5520 Re: City of Clearwater Marshall Street and Northeast Water Reclamation Facilities Digester Covers Evaluation and Repair Dear Duy: The City has two digesters at the Marshall Street Water Reclamation Facilities (MA WRF) and Northeast Water Reclamation Facility (NE WRF) that are releasing small amounts of methane into the atmosphere through suspected leaks in the digester covers. The methane produce by the digester is flammable thereby producing a potential risk to catch fire. The risk for the biogas release to combust and cause an explosive condition poses a threat to the plant staff and public safety. Hazen has been solicited to support the City's contractor to install a bypass system to isolate the digester tank at MS WRF. Once the tank is isolated, contents in the tank will be removed, cleaned for inspection, and repaired. Upon taking corrective actions, the digester tank will be placed back into service. Hazen's efforts will also include supporting the City in managing its produced sludge until the tanks are placed back into services, on an as-needed basis. The work is anticipated to last up to 3 months and will be completed on an as-needed basis using the rates included in the existing 2019 contract Agreement for Professional Services between the City and Hazen. Hazen respectfully request an initial purchase order in the amount of $180,000 to support the City with the immediate isolation, and repair of the MS WRF on an as needed basis as described above. Cost associated with this emergency work order will be based on a T&E basis, in compliance with Hazen's 2019 agreement with the City to provide professional engineering services. Sincerely, Andre A. Dieffenthaller, P.E. Vice President Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0028 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 9.8 SUBJECT/RECOMMENDATION: Approve the First Amendment to Contract for Purchase of Real Property by the City of Clearwater, by and between the City (City) and Covenant Property Investors, LLC, (Covenant) (collectively, the Parties), amending that certain Contract for Purchase of Real Property between the parties entered into on September 22, 2021 (the Contract), providing for the extension of time to close the sale contemplated therein of a city-owned Parking Condominium containing 450 public parking spaces, (Parking Unit) located at 490 Poinsettia Street, Clearwater; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) SUMMARY: On June 17, 2021, the City Council declared the Parking Unit surplus for the purpose of sale through Invitation to Bid # 46-21, whereby the successful bid was required to meet the terms set by Council. Covenant was the successful bidder and, accordingly, entered into the Contract with the City. Unforeseen circumstances outside of the control of the Parties have arisen, specifically, litigation has been filed in the Sixth Judicial Circuit, Pinellas County, Florida, styled SCI Pelican Walk LLC v. The City of Clearwater, et. al., (Case) naming the City and Covenant as co-defendants. In short, the substance of the Case challenges the City bid process. The pending case creates a cloud on title. The Parties now wish to extend the Closing Date as defined in the Contract until such time as the property can be conveyed with clear title. Accordingly, the Amendment contemplates, in relevant part, “The Closing Date as defined in Section 10 of the Agreement is hereby amended to be sixty days after the earlier of (i) the dismissal of that certain case pending in the Sixth Judicial Circuit, Pinellas County, Florida, styled, SCI Pelican Walk LLC v. The City of Clearwater, et. al., Case Number 2021-004719-CI (the Lawsuit), or other resolution of the case that is acceptable to the Parties, or (ii) February 1, 2023.” City staff recommends extension of the Closing Date and approval of the Amendment. Page 1 City of Clearwater Printed on 1/12/2022 1 FIRST AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY THIS FIRST AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY (“Amendment”), which is dated effective as of January __, 2022, is entered into by and between Covenant Property Investors, LLC, a Georgia limited liability company (“Buyer”), and The City of Clearwater, Florida, a municipal corporation of the state of Florida (“Seller”). RECITALS: A.Buyer and Seller entered into that certain Contract for Purchase of Real Property, dated effective September 22, 2021 (the “Agreement”), for the sale and purchase of certain Property, as more particular defined in the Agreement. B.Buyer and Seller desire to amend the Agreement as set forth in this Amendment. AGREEMENT: NOW, THEREFORE, in consideration of the mutual promises contained herein, and in the Agreement, and for other good and valuable considerations not herein recited, but the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.Recitals and Definitions. The foregoing recitals are incorporated herein by reference as true and correct. Unless otherwise defined herein, any capitalized terms shall have the meaning and definition set forth in the Agreement. 2.Closing Date. The Closing Date as defined in Section 10 of the Agreement is hereby amended to be sixty days after the earlier of (i) the dismissal, disposition or resolution of that certain case pending in the Sixth Judicial Circuit, Pinellas County, Florida, styled, SCI Pelican Walk LLC v. The City of Clearwater, et. al., Case Number 2021-004719-CI (the “Lawsuit”) or (ii) February 1, 2023. 3.Miscellaneous. Except as specifically hereby amended, the Agreement shall remain in full force and effect. In the event of a conflict between the terms and provisions of the Agreement and the terms and provisions of this Amendment, the terms and provisions of this Amendment shall control. This Amendment shall be construed and enforced in accord with the laws of the State of Florida. This Amendment shall be binding upon and inure to the benefit of the successors and permitted assigns of Seller and Buyer. This Amendment may be executed in one or more counterparts, the signature pages of which may be combined to constitute one instrument. Electronic mail/PDF copies of this Amendment and the signatures thereon shall have the same force and effect as if the same were original documents. [Signature page follows.] 2 16208158v2 SIGNATURE PAGE TO FIRST AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed effective as of January __, 2022. BUYER: COVENANT PROEPRTY INVESTORS, LLC, a Georgia limited liability company Dated: ____________, 2022 By: Print Name:________________________________ Title:_____________________________________ SELLER: THE CITY OF CLEARWATER, FLORIDA Countersigned: ________________________________By: _________________________________ Frank Hibbard, Mayor Jon Jennings, City Manager Approved as to form:Attest: ________________________________________________________________________ Laura Mahony, Esq., Senior Assistant Rosemarie Call, City Clerk City Attorney Dated: _____________, 2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10077 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Provide direction on the proposed first amendment to an existing Development Agreement between A P Beach Properties, LLC (the property owner) and the City of Clearwater for property located at 401/405/415/419 Coronado Drive and 406/410/420 Hamden Drive, which includes a revision to Exhibit B to provide new conceptual site plans and elevations, expands the overall size of the site and reduces overall density, and sets a new date by which time site plan approval must be obtained; and confirm a second public hearing in City Council Chambers before City Council on February 3, 2022 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08006A) SUMMARY: Site Location and Existing Conditions: The 1.759-acre site is comprised of eight parcels, five of which were included in the original Development Agreement and an additional three proposed to be integrated into the overall site design through this amendment. The subject site is bounded by and has frontage along the following streets: approximately 420 feet of frontage along Coronado Drive (west), 370 feet of frontage along Hamden Drive (east), and 220 feet of frontage along Fifth Street (north). The larger (original) site is occupied by a surface parking lot, and the three smaller adjacent parcels (new) are largely vacant with the exception of some pavement. The overall subject site is zoned Tourist (T) District with an underlying future land use category of Resort Facilities High (RFH) and is also located within the Small Motel District of Beach by Design. Access to the surface parking lot on the original site is currently provided by one two -way driveway centrally located along Fifth Street and a second one along Hamden Drive at the southeast corner of the lot. Non-compliant parking exists along Hamden Drive where parking spaces exist partially or wholly within, and back out into, the Hamden Drive right-of-way. The larger area is characterized by a variety of uses including overnight accommodations, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights ranging from one to 15 stories. The immediate area is characterized by one- to two- story hotels. A five-story attached dwelling is located at the northeast corner of Bayside Drive and Hamden Drive. Detached dwellings are located farther along the length of Bayside Drive where it changes zoning from Tourist (T) District to Low Medium Density Residential (LMDR) District. The City’s Beach Walk project, to the west, has been constructed transforming South Gulfview Boulevard to the north of this site into a winding beachside promenade with lush landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond. Coronado Drive has largely been improved according to Beach by Design. Site History: It is important to note that a primary component of this amendment proposes the inclusion of Page 1 City of Clearwater Printed on 1/12/2022 File Number: ID#21-10077 three additional adjacent parcels addressed collectively as 410/420 Hamden Drive (Parcel IDs 08-29-15-17622-000-0100, 08-29-15-17622-000-0090 and 08-29-15-17622-000-0080). At the time of approval of HDA2013-08006, these three parcels were under separate ownership from the five parcels originally included in the Development Agreement. Therefore, these properties have different approval histories as outlined below. 401/405/415/419 Coronado Drive and 406 Hamden Drive (original site): Ø On April 19, 2011, the CDB approved a Level II Flexible Development application (FLD2011-02005) for a surface parking lot which has been constructed. Ø On September 18, 2014, the City Council approved the allocation of up to 100 units from the Hotel Density Reserve under Beach by Design (Case No. HDA2013-08006) and adopted a resolution to the same effect (Res. No. 14-25). The owners proposed to develop the site with a 166-unit overnight accommodations use with associated accessory/amenity uses including commercial space, restaurant, meeting rooms, exercise room and the like. Ø On July 21, 2015, the Community Development Board (CDB) approved a Level II Flexible Development application (FLD2015-05016) for a 166-room overnight accommodations use in the Tourist (T) District. A series of extension requests have been approved extending the validity of the issued Development Order until December 10, 2022. 410/420 Hamden Drive (additional three parcels): Ø On December 28, 2018, the Community Development Coordinator approved a Level I Flexible Standard Development application (FLS2018-05024) for a surface parking lot for property including that as located at 410/420 Hamden Drive (Community Development Code Section 2-802.O). Required deadlines were not met and that approval expired. Ø On November 17, 2020, the Community Development Board (CDB) approved a Level II Transfer of Development Rights (TDR2020-07002) which transferred four hotel units from 410 Hamden Drive (Parcel ID 08-29-15-17622-000-0100) and seven hotel units from one of the two parcels comprising 420 Hamden Drive (Parcel ID 08-29-15-17622- 000-0080), all to property located at 400/405/408/409/411 East Shore Drive. Ø On October 19, 2021, the Community Development Board (CDB) approved a Level II Transfer of Development Rights (TDR2021-08004) which transferred the remaining two dwelling units from 410 and 420 Hamden Drive (Parcel IDs 08-29-15-17622-000-0100, 08-29-15-17622-000-0090 and 08-29-15-17622-000-0080) to property located at 619/629/631/635 Mandalay. The two above approved TDR applications removed all development potential from these three additional parcels. Development Proposal: This proposed first amendment will add three parcels (located centrally along Hamden Drive) totaling 0.44 acres to the original site, increasing the area from 1.32 acres to 1.759 acres. The owners propose to utilize the otherwise permitted density of 50 units per acre or 66 units associated with the original 1.32 acres and incorporate the previously approved allocation of an Page 2 City of Clearwater Printed on 1/12/2022 File Number: ID#21-10077 additional 100 units from the Hotel Density Reserve through Beach by Design resulting in a total of 166 units as originally approved. As previously discussed, the three new parcels do not have remaining development potential. With the incorporation of these parcels, the subject site’s density (hotel units per acre) will decrease from 125.75 hotel units per acre to 94.32 units per acre. The additional property will enable the applicant to provide a more efficient building and parking layout. The request includes a new conceptual site plan and accompanying building elevations (Exhibit B) and certain changes to the Development Agreement as listed below. ·Fifth Recital is updated to provide an increase in project area to 1.759 acres. ·Sixth Recital is updated because the proposed demolition of a hotel in the original agreement is no longer applicable as that hotel has since been demolished. This revised recital also reflects the provision of a minimum of 50 parking spaces for use by the public. ·Section 3.3 is updated to reflect the addresses of the three additional lots. ·Section 4.2 is updated to show an increase in provided parking spaces. The number of spaces required (199 spaces) has not increased; however, the applicant is committing to providing more parking than otherwise required by providing a minimum of 50 spaces available for use by the public. ·Exhibit A is updated to provide a revised legal description which includes the three additional lots. ·Exhibit B is updated to reflect the three additional lots on the conceptual site plan and elevations. The current proposal will result in the removal of the existing surface parking lot and redevelop the site with a 166-unit overnight accommodations use (94.32 hotel units per acre, including the previously approved allocation of 100 rooms from the Hotel Density Reserve). The building will be 100 feet as measured from the point at which minimum floor elevations have been established by law (design flood elevation) to flat roof with the parking located on the first four levels. The proposal continues to include a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. The site will be accessed via a two-way driveway from Hamden Drive at the southeast corner of the property which will provide access to the parking garage component of the development . A one-way ingress is provided centrally along the north side of the site along Fifth Street which also provides access to the parking garage as well as an underbuilding drop off area. The egress point for the drop off area is also located along Fifth Street. A one-way egress from the parking garage is provided at the northeast quadrant of the side along Hamden Drive. The primary pedestrian entrance is located at the northwest corner of the site. The northwest corner of the building on the ground floor is the lobby. As noted, the first four floors of the building will contain a parking garage as well as miscellaneous back -of-house components such as maintenance rooms and laundry facilities. The fifth floor will include a pool and pool deck (over parking, centrally located along west side of the building). Floors six through nine will be dedicated almost entirely to hotel rooms. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to CDC Table 2-802, the minimum required lot area and width for an overnight accommodations use is 20,000 square feet and between 100 and 150 feet, respectively. The subject property is 76,665 square feet in area and approximately 420 feet wide. The site is Page 3 City of Clearwater Printed on 1/12/2022 File Number: ID#21-10077 consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts setbacks of 15 feet to building along the front (north and east) along Fifth Street and Hamden Drive, respectively, and 10 feet to building along all other remaining sides of the site including along Coronado Drive. The proposed setbacks may be approved as part of a Level One (FLS) application, subject to meeting the applicable flexibility criteria of the Community Development Code; however, other elements such as height will require the project to be a Level Two (FLD) application. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. The proposal provides for a building 100 feet in height as measured from the design flood elevation where a height of up to 100 feet is permitted as prescribed by the CDC (subject to meeting the applicable flexibility criteria of the CDC and as approved as part of a Level II Flexible Development application) and limited by Beach by Design. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 166-room overnight accommodations use requires a minimum of 199 off-street parking spaces. A parking garage located on the first four levels of the building will provide 249 spaces, including 50 which are available for public use. 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 street frontages. 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 complies 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 continue at acceptable levels of service. Staff must note that the three added parcels have had, or are in the process of having, all development potential transferred to other properties within the Beach by Design planning area. Page 4 City of Clearwater Printed on 1/12/2022 File Number: ID#21-10077 Beach by Design Section V.B.2 provides that “Those properties and/or developments that have had density transferred off to another property and/or development(s) through an approved Transfer of Development Rights (TDR) application by the City after December 31, 2007, are not eligible to have rooms allocated from the Reserve.” Staff believes that the intent of this provision is to prevent a property owner from selling off development potential and then requesting units from the Reserve thereby profiting from the Reserve. The three parcels to be incorporated were not in common ownership at the time the 100 units were allocated to the original site, and the inclusion of the parcels will result in the overall site density (units per acre) decreasing; therefore, the project does not utilize these lots for development potential at all . The primary purpose of adding these parcels is to provide the opportunity to provide a more efficient parking garage layout which will allow for the provision of all required parking spaces as well as a minimum of 50 spaces for use by the public. In short, the proposal provides for a scenario that Staff believes was not considered at the time that Beach by Design was written. Staff believes that the proposal meets the intent of Beach by Design and that approval of the request should be considered. 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 first amended and restated amendment to the existing 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 no change in the number of units (100 units) allocated from the Hotel Density Reserve (previously approved as part of HDA2013-08006/Resolution No. 14- 25); ·Revises Exhibit B which includes new conceptual site plans, architectural drawings, elevations and perspectives; ·Requires the developer to obtain building permits within one year of approval of the amended and restated Development Agreement and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; ·Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ·Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodations 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. Summary and Recommendation The proposal appears to be generally consistent with applicable components of the Community Page 5 City of Clearwater Printed on 1/12/2022 File Number: ID#21-10077 Development Code and Beach by Design and staff is supportive of the request. Page 6 City of Clearwater Printed on 1/12/2022 Resolution No. 22-01 RESOLUTION NO. 22-01 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND A P BEACH PROPERTIES, LLC PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Developer are parties to that certain Hotel Density Reserve Development Agreement (the “Agreement”) dated October 2, 2014, and the Agreement is attached as Exhibit “1;” and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement, as more fully set forth in the attached Exhibit “2;” and, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT between the City of Clearwater and A P BEACH PROPERTIES, LLC (as assigned), a copy of which is attached as Exhibit “2,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2022. ____________________________ Frank Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Matthew Mytych Rosemarie Call Assistant City Attorney City Clerk FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (“AMENDMENT”) is dated the _____ day of _______________, 2021, and entered into by and between AP BEACH PROPERTIES, LLC, a Florida limited liability company (“Developer”), as successor in interest of Mainstream Partners, VIII, LTD., its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof (the “City”). WITNESSETH: WHEREAS, Developer and the City entered into that certain Hotel Density Reserve Development Agreement dated October 2, 2014 (the “Development Agreement”) a full copy of which is attached hereto as Exhibit 1 which allocated one hundred (100) units from the Hotel Density Reserve to that certain real property located at 405 Coronado Drive, Clearwater, FL 33767 (the “Property”); and WHEREAS, on or about July 21, 2015, the Community Development Board approved Flexible Development Application (FLD 2015-05016) which was consistent with the conceptual site plan and elevations approved as part of HDA2013-08006; and WHEREAS, the Developer seeks to increase the number of parking spaces from the previously approved 199 spaces to between 360 and 400 spaces, to amend the Development Agreement to include additional parcels, and to amend the definition of the “Property” to encompass 401, 405, 415, and 419 Coronado Drive, and 406, 410, and 420 S. Hamden Drive (Parcel Nos. 08-29-15-17622-000-0010; 08-29-15-17622-000-0020; 08-29-15-17622-000-0030; 08-29-15-17622-000-0050; 08-29-15-17622-000-0110; 08-29-15-17622-000-0100; 08-29-15- 17622-000-0090; and 08-29-15-17622-000-0080); and WHEREAS, this amendment does not increase the approved density, does not increase the previously approved height, or change the previously approved setbacks, and WHEREAS, upon completion the planned hotel will contain 166 overnight accommodation units, which includes 100 units previously allocated from the Hotel Density Reserve (“Reserve Units”). NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer and the City agree as follows: RECITALS: 1. The recitals listed above are true and correct and incorporated herein by reference. AMENDMENT TO DEVELOPMENT AGREEMENT: 2. The fifth (5th) recital of the Development Agreement is hereby deleted and the following is substituted in lieu thereof: “WHEREAS, the Developer owns 1.756 acres of real property (“Property”) in the corporate limits of the City, more particularly described in Amended Exhibit “A” attached hereto and incorporated herein; and” 3. The sixth (6th) recital of the Development Agreement is hereby deleted, and the following is substituted in lieu thereof: “WHEREAS, the Developer desires to develop the Property with one hundred sixty-six (166) overnight accommodation units including accessory uses for the use of guests of the hotel only such as meeting space, pool, and parking with a minimum of 1.2 spaces per hotel unit or one hundred and ninety-nine (199) spaces and shall also include an additional minimum of fifty (50) spaces to be made available to the public, generally conforming to the architectural elevation dimensions shown in composite Amended Exhibit “B” (collectively, the improvements are the “Project”); and” 4. Amendment of SECTION 3. Property Subject to this Agreement. Section 3.3 is hereby deleted, and the following is substituted in lieu thereof: “3.3 The Property is generally located at 401, 405, 415, and 419 Coronado Drive, and 406, 410, and 420 S. Hamden Drive, Clearwater, FL 33767, as further described in Amended Exhibit “A.”” 5. Amendment of SECTION 4. Scope of Project. Sections 4.2 and 4.4 are hereby deleted, and the following is substituted in lieu thereof: “4.2 The Project shall include a minimum of one hundred and ninety-nine (199) parking spaces (1.2 spaces per unit), as defined in the Code. The Project shall also include a minimum of fifty (50) parking spaces which shall be made available to the public for the life of the project.” 6. Amendment of Exhibit “A”. Exhibit “A” to the Development Agreement is hereby deleted and Amended Exhibit “A” attached hereto is substituted in lieu thereof. 7. Amendment of Exhibit “B”. Exhibit “B” to the Development Agreement is hereby deleted and Amended Exhibit “B” attached hereto is substituted in lieu thereof. 8. No Further Changes. Except as set forth herein there are no further changes, amendments or modifications to the Development Agreement. Developer: AP BEACH PROPERTIES, LLC, A Florida limited liability company _______________________________ By: __________________________ Print Name: ____________________ ________________, Managing Member _______________________________ Print Name: ____________________ As to “Developer” City: CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation _______________________________ By: __________________________ Print Name: ____________________ Jon P. Jennings, City Manager _______________________________ Print Name: ____________________ As to “City” Attest: _________________________________ Rosemarie Call, City Clerk Countersigned: _________________________________ Frank V. Hibbard, Mayor Approved as to Form: _________________________________ Matthew J. Mytych, Esq. Assistant City Attorney Amended Exhibit “A” to Development Agreement Legal Description of Property LOTS 1, 2, 3, 4, 5, 6, 8, 9, 10, 11 AND 12, COLUMBIA SUBDIVISION NO. 4, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 50 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. AND LOT 1-A OF COLUMBIA SUBDIVISION NO. 5, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGE 16, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. DRAWING INDEXLOCATION MAPNORTH405 CORONADO DR.A1-0 COVER SHEETA1-1 LEVEL 1/ SITE PLANA1-5 LEVEL 5A1-6 LEVEL 6A1-8 ELEVATIONSA1-9 ELEVATIONSA1-12 VOLUME STUDYClearwater, Florida 33767A1-13 CONCEPTUAL RENDERINGSA1-2 LEVEL 2A1-3 LEVEL 3A1-14 CONCEPTUAL RENDERINGSA1-10 OPENING CALCULATIONS A1-11 OPENING CALCULATIONS5TH STCORONADO DRS HAMDEN DrA1-15 CONCEPTUAL RENDERINGSA1-16 CONCEPTUAL RENDERINGSA1-7 LEVEL 7-8A1-12A BUILDING SEPARATION EXHIBITSITE DATA TABLEA1-4 LEVEL 4A1-7A LEVEL 9405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRCCOVER SHEETA1_0 HotelLobbyBuildingServices10'-0" SIDEWALK TYP.Ramp UpHotelLobbyBuildingEntryPlaza2Ground Level Garage: - 81 SPACES10'-0" SETBACKPROPERTY LINEPROPERTY LINE 15'-0" REQUIRED SETBACKPROPERTY LINE15' SETBACK PROPERTY LINE10' SETBACK 181891542922Service EntryEnter OnlyExit Only15'-0" STEPBACKAFTER 25'-0" HEIGHT15'-0" REQUIRED SETBACKPROPERTY LINE15'-0" REQUIRED STEPBACKAFTER 25'-0" HEIGHTCanopyAboveS. HAMDEN Dr.CORONADO DrBAYSIDE DrEntry & Exit24'-0" TYP.10'-0"10'-0"SIDEWALK24'-0" TYP.24'-0" TYP.18'-0" TYP.9'-0" TYP.17'-0"10'-1"15'-1"16'-7"20'-2"Drop-Off5TH STBicycleRacksLandscape & Hardscape PlazaBicycleRacksHardscapeFeatureLandscape Park405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRC1GROUND LEVEL1" = 30'LEVEL 1/SITE PLANA1_1 Hotel LobbyBelow2nd Level Garage: - 101 SPACESBuildingEntryPlazaBelowBuildingServicesBelowHotelLobbyRamp UpRamp Down10'-0" SETBACKPROPERTY LINEPROPERTY LINE15'-0" REQUIRED SETBACKPROPERTY LINE15'-0" REQUIRED SETBACKPROPERTY LINE15' SETBACK PROPERTY LINE 15'-0" STEPBACKAFTER 25'-0" HEIGHT15'-0" REQUIRED STEPBACKAFTER 25'-0" HEIGHTCanopyAboveFirePumpRoom25181728922Fire CommandRoom24'-0" TYP.24'-0" TYP.24'-0" TYP.18'-0" TYP.9'-0" TYP.405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRC1LEVEL TWO PLAN1" = 30'LEVEL 2A1_2 Mech./Laundry3rd Level Garage: - 111 SPACESLobbyRamp UpRamp Down10'-0" SETBACKPROPERTY LINEPROPERTY LINE15'-0" REQUIRED SETBACKPROPERTY LINE15'-0" REQUIRED SETBACKPROPERTY LINE15' SETBACK PROPERTY LINE 15'-0" STEPBACKAFTER 25'-0" HEIGHT15'-0" REQUIRED STEPBACKAFTER 25'-0" HEIGHT301817299222224'-0" TYP.24'-0" TYP.24'-0" TYP.18'-0" TYP.9'-0" TYP.405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRC1LEVEL THREE PLAN1" = 30'LEVEL 3A1_3 Mech./Laundry4th Level Garage: - 93 SPACESLobbyRamp Down10'-0" SETBACKPROPERTY LINEPROPERTY LINE15'-0" REQUIRED SETBACKPROPERTY LINE15'-0" REQUIRED SETBACKPROPERTY LINE15' SETBACK PROPERTY LINE 15'-0" STEPBACKAFTER 25'-0" HEIGHT15'-0" REQUIRED STEPBACKAFTER 25'-0" HEIGHTPool above and Pool Mech30182911922228Ramp Down24'-0" TYP.24'-0" TYP.24'-0" TYP.18'-0" TYP.9'-0" TYP.405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRC1LEVEL FOUR PLAN1" = 30'LEVEL 4A1_4 Double Height Amenity10'-0" High AreasBOHLOBBYADMIN.Pool10'-0" SETBACKPROPERTY LINEPROPERTY LINE15'-0" REQUIRED SETBACKPROPERTY LINE15'-0" REQUIRED SETBACKPROPERTY LINE15' SETBACK PROPERTY LINE 15'-0" STEPBACKAFTER 25'-0" HEIGHT15'-0" REQUIRED STEPBACKAFTER 25'-0" HEIGHTFloor AboveFloorAboveBOH405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRC1LEVEL 51" = 30'LEVEL FIVEA1_5 Amenity BelowLobbyBelow30 ROOMSPool Below10'-0" SETBACKPROPERTY LINEPROPERTY LINE15'-0" REQUIRED SETBACKPROPERTY LINE15'-0" REQUIRED SETBACKPROPERTY LINE15' SETBACK PROPERTY LINE 15'-0" STEPBACKAFTER 25'-0" HEIGHT15'-0" REQUIRED STEPBACKAFTER 25'-0" HEIGHT405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRC1LEVEL SIX1" = 30'LEVEL 6A1_6 46 ROOMS10'-0" SETBACKPROPERTY LINEPROPERTY LINE15'-0" REQUIRED SETBACKPROPERTY LINE15'-0" REQUIRED SETBACKPROPERTY LINE15' SETBACK PROPERTY LINE 15'-0" STEPBACKAFTER 25'-0" HEIGHT15'-0" REQUIRED STEPBACKAFTER 25'-0" HEIGHT405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRC1LEVELS SEVEN TO EIGHT1" = 30'LEVELS 7-8A1_7 44 ROOMS10'-0" SETBACKPROPERTY LINEPROPERTY LINE15'-0" REQUIRED SETBACKPROPERTY LINE15'-0" REQUIRED SETBACKPROPERTY LINE15' SETBACK PROPERTY LINE 15'-0" STEPBACKAFTER 25'-0" HEIGHT15'-0" REQUIRED STEPBACKAFTER 25'-0" HEIGHT405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRC1LEVEL NINE1" = 30'LEVEL 9A1_7A PAINTEDSTUCCO (TYP.)DECORATIVEMETAL PANELSCOVERINGPARKING AREA.ENTRANCECANOPY.WOODTONEALUMINUM SIDING(TYP.)10'-8"12'-0"14'-0"10'-0"10'-0"10'-0"10'-8"10'-8"11'-4" 100'-0" MAX HEIGHT 4'-0"LEVEL 210'-0"LEVEL 320'-0"LEVEL 430'-0"LEVEL 544'-0"LEVEL 656'-0"LEVEL 766'-8"LEVEL 877'-4"LEVEL 988'-0"ROOF LEVEL99'-4"TOP OFPARAPET103'-4"GROUND FLOOR0'-0"DFE 12.9 + 2'=14.9'See Note BelowFEMA AE 9County Vulnerabilityassessment: 12.9'Freeboard: 24"DFE 14.9'10'-8"12'-0"14'-0"10'-0"10'-0"10'-0"10'-8"10'-8"11'-4" 100'-0" MAX HEIGHTPAINTED STUCCO(TYP.)WOODTONEALUMINUM SIDING(TYP.)GLASS DIVIDERS(TYP.)DECORATIVE VERTICALMETAL LOUVERS COVERINGPARKING AREA.(TYP.)STONE CLADDING (TYP.)4'-0"LEVEL 210'-0"LEVEL 320'-0"LEVEL 430'-0"LEVEL 544'-0"LEVEL 656'-0"LEVEL 766'-8"LEVEL 877'-4"LEVEL 988'-0"ROOF LEVEL99'-4"TOP OFPARAPET103'-4"GROUND FLOOR0'-0"DFE 12.9 + 2'=14.9'See Note BelowFEMA AE 9County Vulnerabilityassessment: 12.9'Freeboard: 24"DFE 14.9'WOODTONEALUMINUM SIDINGor PAINTEDSTUCCO (TYP.)WHITE PAINTEDSTUCCO (TYP.)STONE CLADDING(TYP.)METAL VERTICALLOUVERS405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMAT ION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC . USE, DUPLICATION OR TRANSM ITTALWITHOUT WR ITTEN PERMISSION IS PROH IBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712(727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRC2SOUTH ELEVATION1/32" = 1'-0"ELEVATIONSA1_81NORTH ELEVATION1/32" = 1'-0" (TYP.)DECORATIVEMETAL PANELSCOVERINGPARKING AREA.(TYP.)GLASS RAILING(TYP.)PAINTED STUCCO(TYP.)WOODTONEALUMINUM SIDING(TYP.)WHITE PAINTEDSTUCCO (TYP.)10'-8"12'-0"14'-0"10'-0"10'-0"10'-0"10'-8"10'-8"11'-4" 100'-0" MAX HEIGHT 4'-0"LEVEL 210'-0"LEVEL 320'-0"LEVEL 430'-0"LEVEL 544'-0"LEVEL 656'-0"LEVEL 766'-8"LEVEL 877'-4"LEVEL 988'-0"ROOF LEVEL99'-4"TOP OFPARAPET103'-4"GROUND FLOOR0'-0"DFE 12.9 + 2'=14.9'See Note BelowFEMA AE 9County Vulnerabilityassessment: 12.9'Freeboard: 24"DFE 14.9'WHITE PAINTEDSTUCCO (TYP.)WOODTONEALUMINUM SIDING(TYP.)GLASS RAILING(TYP.)GLASS DIVIDERS(TYP.)DECORATIVEVERTICALMETALLOUVERSCOVERINGPARKING AREA.(TYP.)STONECLADDING (TYP.)10'-8"12'-0"14'-0"10'-0"10'-0"10'-0"10'-8"10'-8"11'-4"4'-0"10'-0"20'-0"30'-0"44'-0"56'-0"66'-8"77'-4"88'-0"99'-4"TOP OFPARAPET103'-4"GROUND FLOOR0'-0"100'-0" MAX HEIGHT OPTIONALWATER FEATURE.LEVEL 2LEVEL 3LEVEL 4LEVEL 5LEVEL 6LEVEL 7LEVEL 8LEVEL 9ROOF LEVELDFE 12.9 + 2'=14.9'See Note BelowFEMA AE 9County Vulnerabilityassessment: 12.9'Freeboard: 24"DFE 14.9'WOODTONEALUMINUM SIDINGor PAINTEDSTUCCO (TYP.)WHITE PAINTEDSTUCCO (TYP.)STONE CLADDING(TYP.)METAL VERTICALLOUVERS405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRC2EAST ELEVATION1/32" = 1'-0"ELEVATIONSA1_91WEST ELEVATION1/32" = 1'-0" GLAZINGOPENINGSDECORATIVE PANELS4,714 SF1,342 SF5,943 SF11,999 SFTOTAL16,964 SFFACADE AREA:PERCENTAGE:11,999 / 16,964 = 71% GLAZINGOPENINGSDECORATIVE PANELS1,764 SF854 SF8,494 SF11,112 SFTOTAL18,230 SFFACADE AREA:PERCENTAGE:11,112 / 18,230 = 61% 405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRCOPENINGCALCULATIONSA1_102SOUTH ELEVATION1/32" = 1'-0"1NORTH ELEVATION1/32" = 1'-0" GLAZINGOPENINGSDECORATIVE PANELS10,273 SF1,217 SF10,937 SF22,427 SFTOTAL32,420 SFFACADE AREA:PERCENTAGE:22,427 / 32,420 = 70% GLAZINGOPENINGSDECORATIVE PANELS4,714 SF1,342 SF5,943 SF11,999 SFTOTAL16,964 SFFACADE AREA:PERCENTAGE:11,999 / 16,964 = 71% 405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRCOPENINGCALCULATIONSA1_112EAST ELEVATION1/32" = 1'-0"1WEST ELEVATION1/32" = 1'-0" P RO P E R T Y L IN E 1 0 ' -0 " S E T BACK15'-0" SETBACK20' -0 " S T EP BACK 97' -0 "8'-0" 5 ' -0 " 5' -0 " 5 ' -0 "39'-8"46'-8"31'-2"55'-10"31'-2"28'-10"57'-4"61'-4"29'-0"54'-8"32'-4"24'-0"18'-0"5 ' -0 " 5'-0 " 5' -0 " 1 3 ' - 10 " 91 ' - 7 " 7 1 ' -0 "AE9 BFE, +24"FREEBOARD =11' DFE100' MAX HEIGHT 25'-0"REQUIRED STEPBACKSSHALL SPAN A MINIMUMOF 75% OF THE BUILDINGFRONTAGE WIDTH.335'-2"PROVIDED58'-9"+10'-0"=68'-9"=21%OF FRONTAGE WITH NOSTEPBACK.STEPBACK SPAN 79%.25'-0" HEIGHT PROPERTY LINEPL15'-0"SETBACK15'-0"STEPBACK15'-0" STEPBACK ATA HEIGHT NOTMORE THAN 25'-0"25'-0"10'-0" NOSTEPBACK.58'-9" NO STEPBACK.44'-3"14'-6"CORONADO Dr5TH ST 5'-0 " 5 ' -0 " 5 ' -0 "20'-0"STEPBACK 89'-2"31'-2"89'-2"24'-10"61'-8"73'-0"5'-0" 5'-0 " 5' -0 " 1 0 0 ' - 0 " 2 8 ' - 9 " 3 2 ' -0 "8'-8"5'-0"5'-0"9 9 ' - 6 " 7 6 ' - 8 "5'-0"31'-2"31'-2"31'-2"42'-8"55'-11"55'-11"89'-9"25'-0"24'-0 "24 ' -0 "S HAMDEN Dr5T H S T 405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRCVOLUME STUDYA1_121SOUTHWEST MASSING MODELNTS2NORTHEAST MASSING MODELNTS 405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRCSEPARATIONEXHIBITA1_12A1SEPARATION EXHIBITNTS CO RON A D O D r 5th STS HAMDEN DR C O RO NA D O D r S HAM D EN D R 5th ST405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRC1NORTHWEST AERIAL VIEWNTSCONCEPTUALIMAGESA1_132SOUTHEAST AERIAL VIEWNTS 405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRC1CORONADO AND FIFTH ST NTSCONCEPTUALIMAGESA1_142VIEW FROM CORONADO DRNTS 405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRC1VIEW FROM CORONADO DRNTSCONCEPTUALIMAGESA1_152VIEW FROM S HAMDEN DRNTS 405 Coronado Dr.ISSUED DRAWING LOG:THE INFORMATION HEREON IS THE PROPERTY OF BEHARPETERANECZ, INC. USE, DUPL ICATION OR TRANSMITTALWITHOUT WRITTEN PERMISSION IS PROHIBITED. BeharPeteranecz ARCHITECTURE INTERIORS405 Coronado Dr. Clearwater, Florida 2430 TERMINAL DRIVE SOUTH | ST. PETERSBURG, FLORIDA 33712 (727) 800-5300 | ARCHITECTUREBP.COM | AR94533 ID5493DRAWING TITLE:SHEET NUMBER:ISTVAN L. PETERANECZAR94533FLORIDAEDITION:PROJECT NO:DRAWING TITLE:ISSUE DATE:8 December 202121.25HDA / DRC1HOTEL ENTRANCE FROM FIFTH STNTSCONCEPTUALIMAGESA1_162VIEW FROM 5TH STNTS 405 Coronado Dr. - Major Amendment 2021 1 Beach by Design Criteria A. Density: DESIGN RESPONSE: The project will maintain the approved 166 units. With the consolidation of the site by adding the additional parcel (0.45 ac) the total density for the project reduces from 126 OA Units per acre based on a 1.32 acre parcel, to 94 OA Units per acre. B. Height & Separation: DESIGN RESPONSE: 1. Height: The base flood elevation on site is (AE) 10 feet and the Design Flood Elevation (DFE) 12’. The maximum allowable building height is 100’-0” above the DFE (Design Flood Elevation – BFE plus 24” Freeboard). The proposed building height is 100’-0” above the Design Flood Elevation, to top of roof, and 112’-0” to top of roof top mechanical and stair towers. 2. Separation: Per the currently planned and approved buildings in the vicinity, there will be no more than two structures over 100 feet in height within 500 feet and there will be no more than four structures over 100 feet tall within the 800 feet. Please see attached architectural “Separation Exhibit” 3. Floor plate: a. Between 45 feet in height and 100’ there is no part of the floorplate that exceeds 25,000 square feet. b. The mass and scale of the design creates a stepped and tiered effect and the maximum building envelope above 45 feet is 21.24% volumetrically and 13% graphically; significantly below the 75% allowance for buildings with units allocated from the Hotel Pool. 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 405 Coronado Dr. - Major Amendment 2021 2 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 building design, as amended, changes the building from a serpentine structure, tightly fronting on Coronado Dr. to a a simplified “L” shaped building with legs of the “L” along 5th St. And Hamden. The 5th St leg of the building is 180 ft long, as compared to 330 ft for the Hamden portion of the building. 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: The proposed building design adds several, significant horizontal steps to the building facades such that no one surface is longer than 100 feet without a break in the façade. See attached plans and elevations; The Coronado and Hamden stepback guidelines, are implemented as well. 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, green screens and articulated façade elements. 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. 405 Coronado Dr. - Major Amendment 2021 3 DESIGN RESPONSE: The proposed design occupies approximately 45% of the “Theoretical Building Envelope” above 45’. This is significantly less than the allowable 75%. 5. The height and mass of buildings will be correlated to: (1) the dimensional aspects 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’, as dictated in Beach by Design. The height and mass of the building meets the design standards of Beach by Design. With the addition of the additional parcel, the project site is more regularized. The amended form of the building takes advantage of the added parcel in that the overall shape of the building changes from the serpentine form to a more regular “L” shape. This change in form opens a large landscape area along the curve of Coronado, with building setbacks, in areas over 75 ft. The length of the building and the massing along Hamden is broken down several ways: by regular off sets in the building wall, both horizontal and vertical. The design also proposes landscaping and hardscaping, along Hamden to add variety and scale to the public spaces. We are also proposing to vary the color of the different building masses, to further break down the apparent scale In addition to the greenspace surrounding the building the landscape design concept calls for 10’ wide public sidewalks, hardscape plazas at the hotel entry. 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 the hotel related spaces and overnight accommodation space, typical for a limited-service hotel. Any hotel amenity, dining, and recreation spaces are intended strictly as integral uses, to support the needs of hotel guests, and are within the allowable 15% of Gross Floor Area accessory allowance. D. Setbacks & Stepbacks: 1. Rights-of-way. 405 Coronado Dr. - Major Amendment 2021 4 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: DESIGN RESPONSE: a) Fifteen feet (15') along arterials, and (Proposed 15’-50+’ on Coronado Drive) and 15’ on Hamden Drive. Hamden and Coronado both have a 60’ wide ROW. The 15’ setback on Hamden is prescribed in BbD, and along with the 15’ setback gives nearly 30’ buffer from the building to the curb. Along Coronado Dr. The building average setback on Coronado is well beyond the required 15’. b) Twelve feet (12') along local streets. (Proposed 15.00’ on 5th Street) The 5th Street setback is greater than the 12’ setback prescribed in BbD. This façade also mirrors the 15’ setback on the Marriott AC, across 5th St., giving a 90’ building separation at the first three floors and increasing to nearly 105 feet at the tower elevations. 2. Side and Rear Setbacks Side and rear setbacks shall be governed by the provisions of the Tourist District of the Community Development Code unless otherwise prescribed in the applicable Character District provisions contained in Section II., Future Land Use. DESIGN RESPONSE: 10’ setback proposed. 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 and Hamden Drives 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: Along Hamden Drive, the proposed building is setback back minimally 15’ and up to 20’ from the ROW line and has an additional 15’ stepback at 25’ (above BFE) for 100% of the building frontage. Additionally, the stepped back upper story of the building is broken into smaller scaled masses, breaking down the overall visual scale of the structure. 405 Coronado Dr. - Major Amendment 2021 5 Please see Elevations, plans, and isometric massing study. 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’). DESIGN RESPONSE: Along Coronado Drive, the proposed building has a minimum setback of 15’ and correspondingly the building is stepped back an additional 15’ at the requisite 25’ height (above DFE) for approximately 100% of the building frontage. (75% minimum is prescribed under Beach by Design.) Please see Elevations, plans, and isometric massing study. 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: The neighboring buildings along Coronado Drive are low rise buildings and the proposed design does not mimic or mirror the existing buildings. As mentioned previously, the proposed design greatly reduces the upper story bulk and massing of the building in several ways. Instead of a contiouous straight massed building, the design steps the façade in an alternating rhythm. Then to further break the bulk of the building a block of rooms are left out, creating a 30’ deep break in the façade, giving the appearance of separate buildings. The design then uses alternating colors to accentuate the articulation of the façade. 405 Coronado Dr. - Major Amendment 2021 6 e. Required stepbacks shall span a minimum of 75% of the building frontage width. DESIGN RESPONSE: The required stepbacks span approximately 76% of the building frontage along Coronado Drive and 100% on Hamden Drive. The proposed design brings certain appropriate and reasonable portions of the building forward to create appropriate mass, presence and a sense of entry along Coronado and Hamden Drives. 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 include significant amount of glazed storefront at the building entry and accessory spaces on Coronado and 5th, as well as the Porte Cochere and building entrance on 5th, and along Hamden Drive the view into the garage is decoratively screened with metal green screening. Additionally, as defined below, the buildings are setback approximately 15 feet or more from all three street front facades, so the streetscapes are effectively 100% transparent. See attached plans and elevations, 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 405 Coronado Dr. - Major Amendment 2021 7 DESIGN RESPONSE: The buildings step back 15 feet or more from all three 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 third 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 4th floor level is pulled back minimally 15 feet from the face of the building, effectively hiding the openings from pedestrian and higher levels. The design of the garage facades is integral with the overall design of the hotel. 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, 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. 405 Coronado Dr. - Major Amendment 2021 8 DESIGN RESPONSE: The design proposes cantilevered awnings and canopies along the Coronado hotel entry facades as well as a significant canopy over the Porte Cochere on 5th Street. 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 three levels. . The openings in the parking area at the 4th 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 boards should not be discouraged, but signs placed on the sidewalk should not obstruct pedestrian traffic. DESIGN RESPONSE: 405 Coronado Dr. - Major Amendment 2021 9 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 2. on-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: 405 Coronado Dr. - Major Amendment 2021 10 Street Benches and trash receptacles area proposed along Coronado Drive along Hamden Drive, and shall be designed per code and submitted for approval at building permit. 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, it has not been decided if lighting is to be provided, if the ownership determines that they wish to provide street lighting, it 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: Along S Hamden Dr, at the intersection of Bayside, we are proposing a wall fountain, or decoration. The design shall comply with the above provisions and shall be submitted for permit. 405 Coronado Dr. - Major Amendment 2021 11 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: The design is primarily white stucco with pale blue and blue-gray surfaces, as well as warm colored stucco or faux wood embelishments. All colors are anticipated 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: Concrete street benches are being proposed along Coronado Drive. Designs shall be coordinated with City staff. 4. Color Palette A recommended palette for building colors is presented on the following page. 405 Coronado Dr. - Major Amendment 2021 12 DESIGN RESPONSE: The building shall utilize the BbD color palates. Additional Narrative Responses to Post-DRC Design Guideline Comments Comment: BbD Tropical Vernacular. As per Beach by Design VII Design guidelines, please provide a brief narrative on how this design proposal meets the design intent of providing aesthetically pleasing architecture in a tropical vernacular. Response: In our opinion, Tropical Vernacular, envisions a varied mix of architectural styles, forms, shapes, colors, and sizes, for structures along the beach. Historically, the beach vernacular promoted, sometimes exuberant, freedom of expression for the individual hotel or property owner. This was to aid in marketing and to better set the memories of the stay in the guest’s minds. It provided for a more humane and “fun” experience. This amended design differs from the “Miami” blocky, egg crate, monotone design aesthetic, hopefully adding to a vibrant “Vibe” to the area. Specifically, to the Small Hotel District. Comment: Please provide a brief narrative as to why adding in another parcel without adding in new density to an existing approved development agreement would be beneficial to the proposed development. Response: The addition of the parcel, without the added density, allowed us to “regularize” the building configuration. Because of the pervious parcel shape, the building was a contorted serpentine, and ultimately, inefficient structure. The amended design regularizes the design, allows us more latitude in molding the form, and ultimately relaxing the building on the site. It also allows us to greatly enhance the streetscape experience along Coronado and S. Hamden. Lastly, the added parcel, had it not been added to the larger development parcel would have been almost too small to be reasonably, and cost effectively, redeveloped. The size and shape of the parcel effectively discouraged the efficient redevelopment of the site. Comment: There are several Beach by Design standards which are not being met by the proposed design. There are strong concerns regarding the elevation along S. Hamden which is creating a large wall of parking garage which does not create an inviting human scale place, is not pedestrian friendly or a sense of beach community neighborhood. It is not compatible with the existing buildings across S. Hamden. Response: Acknowledged, please see revised building design and plans. Per discussions with Planning, we reduced the building mass along S. Hamden, broke down the apparent bulk of the building by separating masses and varied the roofscape of the building, to give a more varied, and non-uniform façade and massing. Please see Beach By Design Narrative. Beach by Design Hotel Density Reserve Section V.B.2 Narrative At the time the Development Agreement was entered into between Mainstream Partners VIII, LTD and the City of Clearwater, the parcels this amendment seeks to add to the project were not under common ownership by the developer. AP Beach Properties, LLC is the successor by assignment of the development agreement from Mainstream Partners, VIII, LTD. AP Beach Properties did not acquire the properties subject to the Development Agreement (419 Coronado, 415 Coronado, 405 Coronado, 401 Coronado, and 406 Hamden) and accept assignment of the Development Agreement until February 10, 2017. The original developer Mainstream owned the parcels subject to the Development Agreement from March 10, 2009 until February 10, 2017. The parcels subject to the Development Agreement have never had any density transferred from those properties through a transfer of density rights. This amendment proposes no increase to the 166 units previously approved by the City Council and the Community Development Board and does not result in an increase of units or an allocation of additional units from the Hotel Density Reserve. The result of this amendment is to increase the acreage of the project, thereby reducing the overall units per acre, add significantly more parking for the benefit of the public, and improve the site plan and architectural design of the project. HDA2013-08006A Amended Agreement Original Agreement ´Map not to scale Fifth St Coronado DrS Hamden Dr(0.451± Acres) (1.308± Acres) UPDATED 12-23-2021; MTP 101 Coronado Drive (Pier 60 Hotel)72 108 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009- 03013 / DVA2009- 00001 Wells Permit Status is completed. BCP2011-02294; BTR issued: BTR-0030708; 108 units; DBPR# HOT6215786 619 S. Gulfview Boulevard (Shephard's) 42 160 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008- 12033 / DVA2008- 00002 Wells Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011; Permit Status is completed. BCP2011-09106/BCP2013-02542; BTR- 9005301: DBPR MOT6203452 655 S. Gulfview Boulevard (Hampton Inn / Quality Inn): (Hampton Inn: 635 Gulfview; Quality Inn: 655 Gulfview)90 181 181 1.44 125.96 71 N/A 4/16/2014 Constructed 2/6/2017 DVA2013- 03001 / HDA2014- 02001 / FLD2013- 03011 / FLD2014- 03007 Nurnberger BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015; Permit Status is completed. BTR9021241 - QUALITY INN: 91 units; DBPR #MOT6205082; BTR-0038694 - HAMPTON INN & SUITES; DBPR LIC # HOT6215807; Total units: 182 316 Hamden Drive (Hotel B) 79 units allocated; 118 units proposed; 39 units base density; 0.82 acres 300 Hamden Drive (Hotel A) 95 units allocated; 142 units proposed; 47 units base density; 1.10 acres 521 South Gulfview Boulevard (Entrada)30 344 344 3.908 88.02 314 N/A 6/19/2014 Constructed 5/24/2015 HDA2014- 04002 / FLD2013- 11038 / FLD2014- 06019 Parry site plan as related to HDA214-04002 approved as part of FLD2013- 11038. New site plan approval request to accommodated approved units as part of the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015; Permit Status is completed. BTR-0024076 - HOLIDAY INN HOTEL & SUITES: 189 units; BTR-0036443 - EDGE HOTEL: Total units: 362 units 650 Bay Esplanade (DeNunzio Hotel)55 102 102 0.95 107.37 47 6/18/2013 7/19/2013 Constructed 6/23/2017 DVA2013- 02001 / FLS2013-02006 Nurnberger Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced construction on the development within four (4) years from the effective date of this Agreement (approx. 7/19/17). BCP2015-10210 - issued 12/10/2015 and is Completed; BCP2016-01459 - issued 03-29- 2016 and is Completed. BTR-0036580 - FAIRFIELD INN AND SUITES BY MARRIOTT: 102 units 353 Coronado Drive (Parcel B) (345 Coronado also 395 Coronado)96 144 144 0.962 149.69 48 N/A 6/19/2014 3/18/2022 3/18/2022 HDA2013- 08005 / FLD2015- 02005 Parry FLD2015-02005 approved; time extension granted 04-13-2019; Building Permits submitted; BCP2019-040024 listed as "active" as of 08-07-2020; BCP2019-110486 listed as "active" as of 08-07-2020. BCP2020-071064 listed as "active" as of 10-05-2020. Time extension granted 08-20-2021; site plan expiration is 03-18-2022 355 South Gulfview Boulevard (also 385 S Gulfview)59 88 88 0.59 149.15 29 N/A 7/20/2017 7/20/2018 12/7/2020 HDA2017- 04001 / FLD2017- 07012 / APP2017- Parry FLD2017-0712 approved; time extension granted 04-24-2019: site plan expiration is 04-06-2022 BCP2019-040435 submitted 04-12-2019; status: revisions needed as 07-16-2021; BCP2019-080810 submitted 08-27-2019 list as "active" as of 07-16-2021 11/17/200939135.421.92255260174 6/13/2015Constructed12/17/2009 Address of Receiving Property HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED NotesPlannerCase NumberFinal Project Expiration Site Plan Approval Needed by City Council ApprovalCDB MeetingRooms per Base DensityUnits / AcreAcreageTotal Rooms Proposed Total Rooms Built Rooms Allocated Wells DVA2009- 00002 / FLD2009- 08026; DVA2009- 00003 / FLD2009- 08027 (see also FLD2019- 11030) BCP2015-01211 issued 11-13-2015; Permit Status is completed. BTR- 0037618 for 140 units (Residence Inn); BTR-0037619 for 115 units (Springhill Suites); see also HDA2020-08003 / FLD2009-08026B and HDA2020-04002 / FLD2009-08027B for additional information; these additional cases numbers were for the reallocation of the five units that weren't built with the first building permit - they were approved for 260 units but only built 255. The additional noted cases brought back in those five units. 691 S. Gulfview Boulevard (the Views)92 202 202 1.35 149.97 67 N/A 10/16/2013 10/22/2021 10/22/2021 HDA2013- 08001 / FLD2013- 08028 Nurnberger FLD2013-08028 approved; time extension granted 02-09-2018; site plan expiration is 10-22-2021; BCP2020-010379 submitted on 01-15-2020 and is in "active" status; BCP2020-010471 submitted on 01-17-2020 and is in "active" status; BCP2020-110817 submitted on 11-25-2020 and is in "active" status; all as of 07-16-2021. 443 East Shore Drive (Courtyard by Marriott)139 139 110.32 6/19/2012 7/19/2012 5/26/2019 5/26/2019 FLD2012- 03008 / DVA2012- 03001 Jackson FLD2012-03008 approved; time extension granted 04-13-2020: permit expiration is 05-18-2021; BCP2014-08618 issued 08/13/2015; Permit Status is Active. Two TDR applications approved (TDR2018-10002 and 10001) which will transfer five hotel units to the site. The total proposed room count has been updated to include these units. An amendment to the original Development Agreement (listed to the left and given the case file number of HDA2012-03001A) was also submitted as was as an amendment to the approved FLD application (noted to the left and given the case file number of FLD2012-03008A). 443 East Shore Drive (Courtyard by Marriott) 1st amendment 12/18/2019 1/17/2019 1/17/2020 1/17/2020 HDA2012- 03001A / FLD2012- 03008A / TDR2018- 10001 / TDR2018- 10002 Teft Site plan approved; see comments above for permitting and other information. 443 East Shore Drive (Courtyard by Marriott) 2nd amendment TBD TBD TBD TBD DVA2012- 03001B Parry in review status - only realted to the use of eight slips - has nothing to do with intensity of use. Total Rooms Allocated from Reserve 781 Total Rooms Proposed 1,872Total Rooms Built 1,867 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 2/12/2026 2/12/2026 HDA2013-08004 / FLD2014-12034 Parry 405 Coronado Drive (Parcel C)1.32 125.76 66 9/18/2014 7/28/2024 7/28/2024 HDA2013-08006 / FLD2015-05016 Parry 405 Coronado Drive (Parcel C) 1st amendment 1.76 0.00 TBD TBD TBD TBD HDA2013-08006A Parry 401 (421) South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004 Parry 401 (421) South Gulfview Boulevard (Alanik) 1st Amendment 8/20/2015 8/16/2021 8/16/2021 HDA2015-06001/FLD2015-09036 Parry 401 (421) South Gulfview Boulevard (Alanik) 2nd Amendment 248 2.146 114.00 107 N/A 11/21/2019 11/21/2020 12/2/2024 HDA2014-06004A/FLD2015-09036A Parry 40 Devon Drive (Sea Captain)10/15/2014 2/8/2021 2/8/2021 HDA2014-07004 / FLD2015-02006 Jackson 40 Devon Drive (Sea Captain) 1st Amendment TBD TBD 2/20/2022 HDA2014-07004A / FLD2015-02006A Parry 166 98117.002271.953 71 HOTEL DENSITY RESERVE PROJECTS - APPROVED 68 114.29144144 FLD2015-09036 approved; time extension granted 10-17-2019; site plan expiration is 06- 11-2021; BCP not submitted as of 01-08-2020 * The applicant changed the site plan amending the Dev. Agrmt. resulting in a new site plan approval reqm't and Dev. Agrmt expiration dates. In addition, the FLD was also amended - see below. FLD2014-12034 approved; time extension granted 04-13-2020: site plan expiration is 04- 26-2024; BCP not submitted as of 12-21-2020. Time extension granted 08-20-2021; site plan expiration is 02-12-2026 FLD2015-05016 approved; time extension granted 04-21-2020; site plan expiration is 10- 11-2022; BCP not submitted as of 07-16-2021. Time extension granted 08-20-2021; site plan expiration is 07-28-2024 66 100 N/A32148.700.65998 100 N/A N/A The amendment includes a minor amendment previously approved administratively to the hotel building essentially lowering the overall height and adding a detached dwelling on the portion of the site within the LMDR District. The amendment itself added an SFR on the portion of the site within the LMDR district. Permit extension issued 04-05-2021; expiration is 02-20-2022. 1.26 FLD2015-02006 approved; time extension granted 07-31-2017; site plan expiration is 02- 08-2021; BCP2019-120352 is in "revisions needed" status as of 07-16-2021. HDA2014-06004A approved at 11-21-2019 council meeting; FLD2015-09036A approved 06-16-2020; expires June 16, 2022; No BCP submitted as of 07-16-2021; Time extension granted 08-20-2021; site plan expiration is 12-02-2024 in review status Notes 630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 59 N/A 11/20/2014 2/27/2022 2/27/2022 HDA2014-08007 / FLD2015-02004 Parry 715 South Gulfview Boulevard 93 208 2.313 89.93 115 N/A 2/20/2014 2/20/2022 2/20/2022 HDA2013-12008 / FLD2014-11031 Parry 657 Bay Esplanade 10 27 0.35 77.14 17 8/14/2018 9/11/2018 9/11/2019 6/15/2021 HDA2018-04001 / FLD2018-05012 Parry 850 Bayway 27 60 0.661 90.77 33 N/A 2/7/2019 2/7/2020 9/21/2022 HDA2018-10002 Parry 405/408/409/411 East Shore Drive 8 75 1.11 67.57 55.5 N/A 7/18/2019 7/18/2020 7/18/2020 HDA2019-03001 / FLD2020-05012 Parry 309 Coronado (Parcel/Hotel A)3 118 0.9795 120.47 48 N/A 11/19/2020 11/19/2021 6/24/2024 HDA2020-08003 / FLD2009-08026B Parry 309 Coronado (Parcel/Hotel B)2 142 0.9469 149.96 47 N/A 11/19/2020 11/19/2021 6/24/2024 HDA2020-04002 / FLD2009-08027B Parry Total Rooms Allocated from Reserve 604 1,708 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner Total Rooms Pending Allocation Item Count Count Internal Check Status Projects Units Total Rooms in Reserve 1,385 781 TRUE Constructed 7 463 Total Rooms Allocated from Reserve 1,385 604 TRUE In Permit Review 4 318 Total Rooms Pending Allocation 0 1,385 TRUE Subtotal (Constructed/In Review)11 781 Total Remaining For Allocation 0 Approved no permit submitted 11 604 Total*22 1,385 Internal Check TRUE TRUE Total Rooms Proposed * Assumes that the 300 Hamden/316 Hamden come 309 Coronado project is two projects Total rooms allocated is 79 which includes 76 units previously allocated and subsequently built; see DVA2009-00002; FLD2009-08026B approved 12-15-2020; Time extension granted 08-20-2021; site plan expiration is 06-24-2024 Notes FLD2020-05012 approved November 17, 2020; Expires November 17, 2022; An amendment to the HDA has been submitted for an increase in units and height and is in the review process as of July 16, 2021. BCP not submitted as of 04-15-0219; application has been appealed. The appeal was denied in Circuit Court on 12-09-2020. The petitioner did not move for second tier certiorari (30 days to do) - deadline was 01-08-2020; FLD2021-04011 approved 09-21- 2021. The original HDA (HDA2016-09001) expired and the 10 units were returned to the Reserve. The same applicant has resubmitted their application at this address and is therefore listed twice in this sheet, once in this line item and once under units returned to the reserve, below. Time extension granted 04-24-2020; site plan expiration is 06-15- 2021 FLD2014-11031 approved; time extension granted 10-17-2019; site plan expiration is 10- 19-2022; BCP not submitted as of 01-08-2020 Total rooms allocated is 95 which includes 93 units previously allocated and subsequently built; see DVA2009-00003; FLD2009-08027B approved 12-15-2020; Time extension granted 08-20-2021; site plan expiration is 06-24-2024 * There were five units which were allocated from the Reserve, returned to the Reserve and then reallocated from the Reserve to the same project 300 Hamden (Hotel A) and 316 Hamden (Hotel B) and later addressed as 309 Coronado. In order to not erroneously double count these units the original allocation (five units) is not included. In addition, a permit related to the construction of those five units has not yet been submitted so those five units are included in the "Allocated but Unbuilt" figure. FLD2015-02004 approved; time extension granted 05-31-2019; site plan expiration is 02- 27-2022; BCP not submitted as of 12-21-2020 Allocated but Unbuilt Constructed or Under Construction Total* Room Count Project Count Status HOTEL DENSITY RESERVE UNITS RETURNED TO THE RESERVE HOTEL DENSITY RESERVE PROJECTS - PENDING Address of Receiving Property Rooms Allocated Rooms Returned Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 706 Bayway 15 15 0.349 42.98 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025 Parry 625 South Gulfview Boulevard 69 69 0.69 100.00 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007 Parry 657 Bay Esplanade 10 10 0.35 28.57 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 Parry 10 Bay Esplanade 35 35 1.16 TBD 58 N/A TBD TBD TBD HDA2017-12002 Parry 300 Hamden Drive (Hotel A) and 316 Hamden Drive (Hotel B)174 5 1.10 4.55 47 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00003 / FLD2009-08027 and DVA2009-00002 / FLD2009-08026 and FLD2019-11030 Wells Total Rooms Returned 134 BCP2015-01211 issued 11/13/2015; Permit Status is completed. Please see line seven and eight, above for specifics of Hotel A and Hotel B. These two hotels were developed originally as two separate, albeit physically connected, buildings on two separate properties. Subsequent to construction the two properties were joined together through a Unity of Title without City approval. Case FLD2019-11030, currently in review, seeks to rectify this as well as other issues. The two hotels were allocated a total of 174 units from the Reserve and a total of 260 units were proposed. A total of 255 units were actually built. Each respective DVA includes a provision (Section 6.1.5) that provides that any unbuilt units be returned to the Reserve. withdrawn by applicant via email - 10-01-2018 (technically these units were never allocated but are listed here since a case number was created) FLD/FLS application not submitted as of 03-23-2018; does not count towards rooms allocated. Agreement terminated; removed from top two tables; does not count towards rooms allocated. FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15-2016 / BCP2015-12534 - submitted 12/29/2015; both permits in void status. Current permit BCP2017-04049 references FLD2016-12039 which is for Resort Attached Dwellings. HDA Termination pending - scheduled for Council July 20 and August 3, 2017; removed from top two tables; does not count towards rooms allocated. Notes Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10076 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Approve the proposed second amendment to an existing Development Agreement between the City of Clearwater and N E S C LLC (as assigned by Louis Developments LLC) which provides for certain changes which will permit eight of 32 marina slips at this overnight accommodation to be used for limited commercial purposes; adopt Resolution 22-02, and authorize the appropriate officials to execute same. (DVA2012-03001B; 443/455 East Shore Drive) Site Location and Existing Conditions: The 1.260-acre site is located primarily on the east side of East Shore Drive at the northeast corner of East Shore Drive and Papaya Street. An approximately 0.265-acre portion of the site is located on the west side of East Shore Drive. The subject property is comprised of one parcel with a frontage of approximately 300 feet along East Shore Drive. The subject property is zoned Tourist (T) District and is located within the Marina District of Beach by Design. The immediate area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights ranging from one to three stories. The site has been developed with a 139-unit hotel and 50-slip dock on the east side of East Shore Drive and a parking lot on the west side of East Shore Drive. The site has been developed as consistent with FLD2009-02009 (as amended); FLD2012-03008 (as amended); TDR2018-10001/TDR2018-10002; DVA2012-03001; and HDA2012-03001A. Site History: Ø On February 16, 2010, Community Development Board (CDB) approved application FLD2009-02009 to permit the construction of a 7,305 square foot 50-slip dock of which 32 slips will be used as a marina facility to be rented to the public and the remaining 18 slips will be used as commercial dock accessory to existing attached dwellings. Condition number 5 of that approval provided that no tenants conduct any commercial business from any slip in this marina. Ø On June 19, 2012, the CDB approved FLD2012-03008, a 134-unit overnight accommodation project (which included the allocation of 71 overnight accommodation units from the Hotel Density Reserve) with 6,500 square feet of restaurant use floor area, a building height of 85.5 feet, 193 off-street parking spaces, and flexibility from setback and landscape requirements. At that same meeting the CDB also recommended approval to the City Council of a Development Agreement (DVA2012-03001) for the allocation of 71 hotel units from the Hotel Density Reserve. Ø On July 19, 2012, the City Council approved a Development Agreement along with a concept plan and elevations as part of application DVA2012-03001 for the allocation of 71 Page 1 City of Clearwater Printed on 1/12/2022 File Number: ID#21-10076 hotel units from the Hotel Density Reserve. Ø On August 10, 2018, the applicant’s representative sent a Notice of Assignment of Development Agreement by Louis Developments LLC to N E S C LLC to the City. Copies of the Assignment and Assumption as well as a release of Developer’s Obligation under Hotel Density Reserve Development Agreement (dated August 7, 2018) were subsequently submitted to the City. Ø On December 18, 2018, the CDB approved applications FLD2012-03008A/TDR2018- 10001/TDR2018-10002 which transferred five hotel units to the site increase the total number of units from 134 to 139. No changes to the conceptual site plan or elevations were proposed. Ø On January 17, 2019, the Council approved the first amendment to the approved Development Agreement (HDA2012-03001A) which increased the total number of overnight accommodation units from 134 to 139. The additional five hotel units were transferred to the site as part of a transfer of development rights (TDR2018-10001/TDR2018-10002) and included amendments to an approved Flexible Development application (FLD2012- 03008A). No changes to the conceptual site plan or elevations were proposed. Please note the case was erroneously assigned a case number under “HDA” when it should have been “DVA”. The current request case number reverts to the more appropriate and accurate “DVA” assignment. Ø On October 19, 2021, the CDB approved a request of reconsideration of condition five of approved FLD2009-02009 to allow for limited licensed, captained/guided commercial operations out of eight of the marina slips. The current request for a second amendment to an existing Development Agreement is required as part of the process to formalize the approved reconsideration of the aforementioned condition five. It should be noted that the address under which all prior approvals as listed above were submitted was 443 East Shore. When the development was submitted for building permit the address was changed to 455 East Shore Drive. As such, the current Development Agreement application has been submitted under the address of 455 East Shore Drive. Development Proposal: Brian J. Aungst, representative of N E S C LLC (property owner), is requesting a second amendment to the approved Development Agreement (DVA2012-03001) as amended (DVA2012-03001A) for the referenced project located at 455 East Shore Drive. The original Development Agreement, as amended, included a reference to the approved dock (Section 6.1.7) providing the dock would be constructed in accordance with the issued Development Order associated with application FLD2009-02009. As noted, approved application FLD2009-02009 included one condition (condition number 5) which provided “that no tenants conduct any commercial business from any slip in this marina”. The applicant has secured approval of a reconsideration of condition five in October 2021. The reconsideration of the condition was approved and amended to read as follows: “That, no more than eight (8) of the 32 marina slips may be used for licensed charter vessels and no more than two (2) of the eight (8) slips may be used for licensed jet ski rentals (guided tours only) with multiple jet skis per slip. The eight (8) slips that may be used for licensed charter vessels pursuant to the terms of this condition shall be located on the southernmost marina slips as depicted on the approved site plan. There shall be no public cleaning or Page 2 City of Clearwater Printed on 1/12/2022 File Number: ID#21-10076 commercial sale of fish or amplified music at the marina.” The applicant is requesting a second amendment to the Development Agreement with the following main changes: ·The 12th recital referencing the previously approved dock (FLD2009-02009) is amended to reference the reconsideration of FLD2009-02009 condition of approval No. 5; ·Section 4.5 is amended to permit up to eight marina facility slips to be for limited commercial purposes; ·Section 6.1.7 is amended to reference the amendment of FLD2009-02009 and permit up to eight marina facility slips to be for limited commercial purposes; and ·Section 6.1.7.1 is added to clarify the limits and specifics of the noted limited commercial purposes. No other changes are proposed to the agreement. 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: §Amends the agreement to provide that no more than eight of the 32 marina slips may be used for licensed charter vessels and no more than two of those eight slips may be used for licensed jet ski rentals (consisting of guided tours only) with multiple jet skis per slip. In addition, there shall be no public cleaning or commercial sale of fish nor shall there be amplified music at the marina. 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. Summary and Recommendation The proposal is consistent with applicable components of the Community Development Code and Beach by Design and staff is supportive of the request and recommends approval. Page 3 City of Clearwater Printed on 1/12/2022 UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY AMENDMENT TO DEVELOPMENT AGREEMENT TMS AMENDMENT TO DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the v2 day of qLiLLL4_.h_ , 2018, and entered into by and between NESC, LLC, a Florida limited liability cotrrpany, successor in interest to Louis Development, LLC Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof City"). WITNESSETH: WHEREAS, Developer and the City entered into that certain Development Agreement dated July 27, 2012 (the "Development Agreement") a full copy of which is attached hereto as Exhibit 1 relating to that certain real property located at 443 East Shore Drive, Clearwater, FL 33767 (the "Property"); and WHEREAS, Developer and the City acknowledge and agree that a minor revision to the design of the Project which is the subject of the Development Agreement was approved by the Community Development Coordinator pursuant to Section 4-406(A) of the Community Development Code on August 22, 2018; and WHEREAS, on October 1, 2018, Developer filed two applications to transfer a total of five overnight accommodation units from 22 Bay Esplanade and 699 Bay Esplanade to 443 East Shore; and WHEREAS, pursuant to the Developer's applications to transfer density rights to the Project the Developer and the City agree to increase the number of total number of overnight accommodation units in the Project from 134 to 139 units, to increase the required parking spaces from 177 spaces to 187 spaces, and to amend certain other provisions of the Development Agreement as set forth herein; NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer and the City agree as follows: RECITALS: 1. The recitals listed above are true and correct and incorporated herein by reference. AMENDMENT TO RECITALS: 2. The seventh (7th) recital of the Development Agreement is hereby deleted and the following is substituted in lieu thereof: WHEREAS, upon completion the planned resort will contain 139 units, which includes Seventy -One (71) units from the available Beach by Design Hotel Density Reserve;" KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2019031523 01/30/2019 02:28 PM OFF REC BK: 20412 PG: 2230-2254 DocType:AGM RECORDING: $214.00 3. Amendment of SECTION 4. Scope of Project. Section 4.1 is hereby deleted, and the following is substituted in lieu thereof: 4.1 The Project ("Project") shall consist of no more than 139 overnight accommodation units, to be traditional overnight accommodation units. The proposed density is 110.32 units per acre, which is well below the allowed 150 units." 4. Section 4.2 is hereby deleted, and the following is substituted in lieu thereof: 4.2 The Project ("Project") shall include 187 parking spaces as defined in the Community Development Code, 167 of the parking spaces shall be dedicated to the 139 overnight accommodation units, and 17 spaces shall be dedicated to the public boat slips." 5. Amendment of SECTION 6. Obligations under this Agreement. Section 6.1.8 is hereby added: 6.1.8 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 midnight on Friday and Saturday." 6. Amendment of SECTION 13. Notices. The notice addresses for Developer are hereby deleted, and the following is substituted in lieu thereof: If to the Developer: With Copy to: NESC, LLC David Leatherwood 500 Sawgrass Place Sanibel, FL 33957 Brian J. Aungst, Jr., Esquire Macfarlane Ferguson and McMullen 625 Court Street, Suite 200 Clearwater, FL 33756" 7. Amendment of Exhibit "B". Exhibit "B" to the Development Agreement is hereby deleted and Amended Exhibit "B" attached hereto is substituted in lieu thereof. 8. No Further Changes. Except as set forth herein there are no further changes, amendments or modifications to the Development Agreement. remainder of this page is blank — signature page follows] Print Name: ;, ff }ia lq /-it As to "Developer" Print Name: Print Name: As to "City" Developer: NESC, LLC By: L/ David Leatherwood City: CITY OF CLEARWATER, FLORIDA By: Jszcw., 0 William B. Horne II, City Manager Attest: Rosemarie Call, City Clerk Countersigned: GrAr‘CnCrt\ttOs George N. Cretekos, Mayor Approved as to Form: Mike Fuino Assistant City Attorney SECOND AMENDMENT TO DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (“AGREEMENT”) is dated the _____ day of _______________, 202_, and entered into by and between NESC, LLC, a Florida limited liability company, successor in interest to Louis Development, LLC (“Developer”), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof (“City”). WITNESSETH: WHEREAS, Developer and the City entered into that certain Development Agreement dated July 27, 2012 (the “Development Agreement”) a full copy of which is attached hereto as Exhibit 1 relating to that certain real property located at 443 East Shore Drive, Clearwater, FL 33767 (the “Property”); and WHEREAS, Developer and the City acknowledge and agree that an Amendment to the Development Agreement was approved by the City Council on or about January 22, 2018, by which the total number of overnight accommodation units comprising the project was increased from 134 units to 139 units. A full copy of the Amended Development Agreement is attached hereto as Exhibit 2; and WHEREAS, on or about September 1, 2021, Developer filed an application to amend FLD2009-2009 which permitted a 50-slip marina to allow eight (8) of the marina spaces to be utilized for restricted commercial uses; and WHEREAS, pursuant to the Developer’s application to amend FLD2009-2009 to allow eight (8) of the approved marina boat slips to be utilized for restricted commercial purposes, Developer and the City agree to further amend certain provisions of the Amended Development Agreement as set forth herein; NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer and the City agree as follows: RECITALS: 1. The recitals listed above are true and correct and incorporated herein by reference. AMENDMENT TO RECITALS: 2. The twelfth (12th) recital of the Development Agreement is hereby deleted and the following is substituted in lieu thereof: “WHEREAS, the City has previously approved the construction of fifty (50) boat slips on the Property, as set forth in and limited by the City as approved as part of application FLD2009-02009.” A new recital of the Development Agreement is hereby added as follows: “WHEREAS, a condition associated with approved application FLD2009-02009 was reconsidered and amendment to allowed for certain and limited commercial activities in a limited area of the dock in October 2021.” 3. Amendment of SECTION 4. Scope of Project. Section 4.5 is hereby deleted, and the following is substituted in lieu thereof: “4.5 The Project shall include a fifty (50) slip boat dock, without fueling facilities, located on the eastern boundary of the Project (“Docks”). The Docks have been approved by the City as part of application FLD2009-02009, as amended, to allow for up to eight (8) of the approved slips to be used for limited commercial purposes. The Findings of Fact and Conditions of FLD2009-02009, as amended, are incorporated into this Agreement.” 4. Amendment of SECTION 6. Obligations under this Agreement. Section 6.1.7 is hereby deleted, and the following is substituted in lieu thereof: “6.1.7 Docks. The fifty (50) Boat Slips to be constructed on the Property shall be constructed in compliance with the findings and conditions set forth as part of application FLD2009-02009, as amended.” Section 6.1.7.1 is hereby added as follows: “6.1.7.1 Restrictions on Commercial Uses of Marina Slips. No more than eight (8) of the 32 marina slips may be used for licensed charter vessels and no more than two (2) of the eight (8) slips may be used for licensed jet ski rentals (guided tours only) with multiple jet skis per slip. There shall be no public cleaning or commercial sale of fish or amplified music at the marina.” 5. Amendment of Exhibit “E”. Exhibit “E” to the Development Agreement is hereby deleted and Amended Exhibit “E” attached hereto is substituted in lieu thereof. 6. No Further Changes. Except as set forth herein there are no further changes, amendments or modifications to the Development Agreement. [remainder of this page is blank – signature page follows] Developer: NESC, LLC _______________________________ By: __________________________ Print Name: ____________________ David Leatherwood _______________________________ Print Name: ____________________ As to “Developer” City: CITY OF CLEARWATER, FLORIDA _______________________________ By: __________________________ Print Name: ____________________ Jon Jennings, City Manager _______________________________ Print Name: ____________________ As to “City” Attest: _________________________________ Rosemarie Call, City Clerk Countersigned: _________________________________ Frank V. Hibbard, Mayor Approved as to Form: _________________________________ Matthew Mytych Assistant City Attorney Resolution No. 22-02 RESOLUTION NO. 22-02 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND NESC, LLC (AS ASSIGNED BY LOUIS DEVELOPMENT LLC); PROVIDING AN EFFECTIVE DATE. WHEREAS, the City City of Clearwater (the “City”) and the Louis Development, LLC (the “Original Developer”) were parties to that certain Density Reserve Development Agreement (the “Agreement”) as approved on July 19, 2012, a copy of which is attached as Exhibit “1;”; and WHEREAS, the Original Developer’s interest in the Agreement and the Amended Agreement was assigned to NESC, LLC (the “New Developer”) on August 4, 2018; and WHEREAS, the City and the New Developer amended the Agreement (the “Amended Agreement”) to increase the overall number of hotel units from 134 to 139 through the transfer of five hotel units on January 17, 2019, a copy of which is attached as Exhibit “2”; and WHEREAS, the City and the New Developer desire to amend certain terms and provisions of the Agreement, as amended, including changes limited only to the use of certain slips with no changes to the site plan and/or elevations, as more fully set forth in the attached Exhibit “3”; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Second Amendment to the Development Agreement between the City of Clearwater and NESC, LLC, a copy of which is attached as Exhibit “3” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Amended Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. Resolution No.22-02 2 PASSED AND ADOPTED this _______ day of _____________, 2022. ____________________________ Frank Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Matthew Mytych Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: CPA2021-11001 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Approve amendments to the Clearwater Comprehensive Plan creating a new Property Rights Element, modifying the Future Land Use and Housing Elements to support workforce, affordable and “missing middle” housing types, and updating the Coastal Storm Area and Hurricane Storm Surge maps, and pass Ordinance 9515-22 on first reading. (CPA2021-11001) SUMMARY: This proposed ordinance creates a new Private Property Rights Element within the Clearwater Comprehensive Plan based on new statutory requirements signed into law on June 29, 2021 through House Bill 59. This new element is required in all local governments’ Comprehensive Plans to “ensure that private property rights are considered in local decision-making,” and there are four rights which must be considered (Section 163.3177(6)(i)l, Florida Statutes): ·The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. ·The right of a property owner to use, maintain, development, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. ·The right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property. ·The right of a property owner to dispose of his or her property through sale or gift. The statements provided for in the bill are largely duplicative of rights already protected by the Constitutions of both the United States and the State of Florda as well as Florida’s Bert Harris Act. The proposed amendments use the statute’s language as policies, an approach being used by many municipalities to comply with the House Bill. Until this new element is adopted, cities cannot adopt any other amendments to their comprehensive plans, including Future Land Use Map amendments. In addition, Ordinance 9215-22 proposes various housing-related amendments in the Future Land Use and Housing Elements, the majority of which address housing affordability and diversity of housing types, including “missing middle” housing types such as tiny houses, duplexes, courtyard housing, and accessory dwelling units (ADUs). The amendments would allow the City to develop a density bonus for missing middle housing and establish standards in Page 1 City of Clearwater Printed on 1/12/2022 File Number: CPA2021-11001 the Community Development Code for accessory dwelling units, which would be exempt from density provisions. Additional amendments support reduced fees for affordable and workforce housing, correct typographical errors and clarify policy intent. Lastly, the Coastal Storm Area and Hurricane Storm Surge Areas maps within the Coastal Element are proposed to be amended to reflect updated Sea, Lake and Overland Surges from Hurricanes (SLOSH) model data from the National Oceanic and Atmospheric Administration (NOAA) effective in 2021. The Planning and Development Department has determined that the proposed Comprehensive Plan amendments are consistent with and further the goals, objectives and policies of the Comprehensive Plan as outlined in the staff report. The Community Development Board (CDB) reviewed the proposed amendments at its meeting on December 21, 2021 and unanimously recommended approval. As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida Department of Economic Opportunity is required. As part of the state review, the proposed amendments will be transmitted to the various State agencies and Pinellas County for review prior to second reading (adoption) by City Council, which is anticipated to occur in April. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 1/12/2022 1 Ordinance No. 9515-22 ORDINANCE NO. 9515-22 AN ORDINANCE OF THE CITY OF CLEARWATER (“THE CITY”), FLORIDA, MAKING AMENDMENTS TO THE CLEARWATER COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT TO ENCOURAGE DEVELOPMENT OF AFFORDABLE AND MISSING MIDDLE HOUSING; AMENDING THE HOUSING ELEMENT TO ALLOW FOR UTILIZATION OF CERTAIN REDUCED IMPACT FEES; AMENDING THE COASTAL MANAGEMENT ELEMENT TO UPDATE THE COASTAL STORM AREA AND HURRICANE STORM SURGE MAPS; ADOPTING A NEW COMPREHENSIVE PLAN ELEMENT, THE PROPERTY RIGHTS ELEMENT, CREATING A NEW GOAL, OBJECTIVE AND POLICIES FOLLOWING STATUTORY LANGUAGE IN ACCORDANCE WITH FLORIDA HOUSE BILL 59 (2021) “PRIVATE PROPERTY RIGHTS”; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, on July 15, 2021, the City demonstrated its commitment to taking a countywide approach to addressing housing affordability by approving the Advantage Pinellas Housing Compact between the municipalities within Pinellas County, the Pinellas County Board of County Commissioners and Forward Pinellas; and WHEREAS, the City has supported various incentives intended to encourage development and preservation of affordable and workforce housing and currently provides certain incentives for affordable and workforce housing development; and WHEREAS, the City wishes to further incentivize the development of affordable, workforce and Missing Middle housing projects through the use of density bonuses within the City limits, which are provided for in the Countywide Rules; and WHEREAS, In July 2019, Pinellas County amended the Multi-Modal Impact Fee schedule which introduced reduced fees for certain low-income household projects; and WHEREAS, the National Oceanic and Atmospheric Administration published a new and updated Sea, Lake and Overland Surges from Hurricanes (SLOSH) model; and WHEREAS, the City’s Coastal High Hazard Area (CHHA) and Coastal Storm Area (CSA) is determined by the Category 1 Storm Surge from the SLOSH model; and WHEREAS, the City’s Hurricane Storm Surge map is determined by the SLOSH model; and WHEREAS, Florida House Bill 59, also known as the Private Property Rights Act, was signed into law in 2021 and requires that local governments adopt a new property rights element, containing four elements to be included, into their comprehensive plan; and 2 Ordinance No. 9515-22 WHEREAS, the City Council finds it necessary, desirable, and proper to amend the Comprehensive Plan in order to reflect changing conditions; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater’s Comprehensive Plan and recommended that the City Council adopt this amendment; and WHEREAS, the City Council has fully considered the recommendation of the Community Development Board and testimony and evidence submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That policy A.6.1.1 of the Clearwater Comprehensive Plan Future Land Use Element be amended to read as follows: A.6.1.1 Redevelopment shall be encouraged, where appropriate, by providing development incentives such as density bonuses for significant lot consolidation; and/or catalytic projects,; workforce housing projects; “missing middle housing” projects; and vertically integrated, transit supportive mixed-use development; as well as the use of transfer of developments rights pursuant to approved special area plans and redevelopment plans. * * * * * * * * * * Section 2. That Objective C.1.1 of the Clearwater Comprehensive Plan Housing Element be amended to read as follows: C.1.1 Objective for Adequate Housing - Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to diversify housing options and provide housing that meets the evolving needs of the residents of the City of Clearwater households. Section 3. That Policies C.1.1.2, C.1.1.5, C.1.1.7 and C.1.1.8 of the Clearwater Comprehensive Plan Housing Element be amended to read as follows: * * * * * * * * * * C.1.1.2 Residential Infill Projects, as defined in the Community Development Code, shall be utilized in order to accommodate innovative project designs, which provide for a mix of dwelling types at varying costs. Opportunities and conditions for the provision of accessory dwelling units (ADUs) may be considered for inclusion within infill development and redevelopment projects, provided that strict compliance standards be established within the Community Development Code. The City shall create provisions within the Community Development Code for expanding housing options that meet the changing needs of residents in terms of unit sizes, housing types, levels of affordability, and locations, while preserving existing housing, including “missing middle” housing types such as tiny houses, 3 Ordinance No. 9515-22 cottages, duplexes, courtyard housing, and small apartment buildings, and accessory dwelling units (ADUs). * * * * * * * * * * C.1.1.5 The City of Clearwater shall continue to provide information, incentives, and technical assistance to the private sector in order to achieve housing production that meets the needs of very low, low, and moderate-income households. * * * * * * * * * * C.1.1.7 The City shall further the goal of providing a variety of housing choices, including workforce and “missing middle” housing, through tools such as by encouraging land assembly, where possible, through such things as density bonuses, height increases, and setback reductions, as appropriate. C.1.1.8 The City may permit one accessory dwelling unit per lot wherever such units can be accommodated by adequate lot area, and provided that they meet strict compliance standards such as building restrictions, visual buffering, parking and other requirements to be developed for inclusion in the Community Development Code. To provide additional and diverse housing options integrated into existing neighborhoods, accessory dwelling units shall be exempt from density provisions and allowed in certain residential zoning districts compliant with Community Development Code provisions which provide for consistency with neighborhood character. Such accessory dwelling units cannot be used for short-term rental purposes. * * * * * * * * * * Section 4. That Policy C.1.2.8 of the Clearwater Comprehensive Plan Housing Element be added, to read as follows: * * * * * * * * * * C.1.2.8 The City shall support the continued reduction of the multi-modal impact fee for low-income household projects, which is established and administered by Pinellas County. Section 5. That a new Property Rights Element, inclusive of an introduction, Goal, Objective and Policies, be created to read as follows: K. PROPERTY RIGHTS ELEMENT Introduction The purpose and intent of the Property Rights Element is to provide guidance ensuring private property rights are considered in local decision making. 4 Ordinance No. 9515-22 K.1 GOAL – IN ACCORDANCE WITH THE LEGISLATIVE INTENT EXPRESSED IN SECTIONS 163.3161(10) AND 187.101(3), FLORIDA STATUES, THIS COMPREHENSIVE PLAN SHALL RESPECT JUDICIALLY ACKNOWLEDGED AND CONSTITUTIONALLY PROTECTED PRIVATE PROPERTY RIGHTS. K.1.1 Objective – The following statements of private property rights shall be considered in local decision making. Policies K.1.1.1 The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. K.1.1.2 The right of a property owner to use, maintain, develop, and improve his or her property for personal use or the use of any other person, subject to state law and local ordinances. K.1.1.3 The right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property. K.1.1.4 The right of a property owner to dispose of his or her property through sale or gift. Section 6. That Maps E-1A, E-1B and E-2 of the Clearwater Comprehensive Plan be replaced with the maps attached as Composite Exhibit “A”. Section 7. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 8. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the Department of Economic Opportunity notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the Department of Economic Opportunity or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity. 5 Ordinance No. 9515-22 PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________ ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call, MPA, MMC Assistant City Attorney City Clerk "Exhibit A-1" "Exhibit A-2" "Exhibit A-3" PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: December 21, 2021 AGENDA ITEM: F.3. CASE: CPA2021-11001 ORDINANCE NO.: 9515-22 REQUEST: To amend the Clearwater Comprehensive Plan to address the statutory requirements for the 2021 Private Property Rights Element (House Bill 59); to encourage diverse housing options through density bonuses for certain development types; to amend the Housing Element to support reduced multi- modal impact fees; and to update the Coastal Storm Area and Hurricane Storm Surge maps. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: On June 29, 2021, Governor Ron DeSantis signed into law Florida House Bill 59, “An Act relating to growth management; requiring local governments to include a property rights element in their comprehensive plans” (Private Property Rights). In accordance with this new law, Florida Statutes require that local governments must adopt a property rights element within their comprehensive plans to “ensure that private property rights are considered in local decisionmaking.” There are four rights which must be considered in local decision- making: 1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. 3. The right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property. 4. The right of a property owner to dispose of his or her property through sale or gift. Source: Section 163.3177(6)(i)1, Florida Statutes Community Development Board – December 21, 2021 CPA2021-11001 – Page 2 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The statements above are largely duplicative of rights already protected by the Constitutions of both the United States and the State of Florida as well as Florida’s Bert Harris Act. The sponsors of the bill wanted to ensure that local government entities will “respect judicially acknowledged and constitutionally protected private property rights” granted by the US and State Constitutions (House Bill 59, page 3, line 62). In addition to the new Property Rights Element, Proposed Ordinance 9515-22 includes amendments updating Maps E-1A, E-1B and E-2, relating to the Coastal Storm Area and Hurricane Storm Surge map within the Coastal Management Element. On August 4, 2021, the new Sea, Lake and Overland Surges from Hurricanes (SLOSH) maps were adopted by NOAA. The City’s Coastal High Hazard Area and Coastal Storm Area are determined from the Category 1 Storm Surge included in the SLOSH model. Based on NOAA’s new model, the Coastal Storm Area has changed and the proposed Maps E-1A and E-1B reflect the new data. Map E-2 shows the updated storm surges for Categories 1 through 5 as well. NOAA updates the SLOSH model periodically, with the changes being effective upon NOAA adoption. The city, along with other municipalities, must update their maps to remain consistent. The last update to these maps was in 2017 (Ordinance 9048-17). Proposed Ordinance 9515-22 also includes amendments to encourage development of new and preservation of existing affordable and workforce housing, furthering the city’s commitment to these goals established earlier this year when the city approved the Advantage Pinellas Housing Compact on July 15, 2021. These amendments primarily revise existing objectives and policies found in the Future Land Use and Housing Elements, with the creation of one new policy in the Housing Element. The Countywide Rules allow cities to establish density or intensity bonuses for affordable and missing middle housing types, along with vertical mixed-use developments. The bonuses for missing middle and vertical mixed-use development types were added in 2019 to help provide for housing options while maintaining and preserving established single-family neighborhoods, and to help focus higher densities around existing and proposed transit routes throughout the county. Missing middle housing is defined in the Rules as “Housing that encompasses a range of smaller, multi-unit or clustered housing types (such as shotgun, skinny, duplex, triplex, fourplex, courtyard apartment, bungalow court, townhouse, multiplex, and live/work units), which are compatible in scale and design with single-family homes, and are designed to encourage walking, biking, and transit use.” Local governments must prepare appropriate analysis and adopt development parameters within their comprehensive plans or land development codes to be able to realize the density bonuses, including form-based or other regulations limiting the size and scale of missing middle housing to ensure compatibility with adjacent neighborhood-scale development. The proposed amendments set the policy direction for the city to implement these bonuses in the code at a future date. Lastly, in July 2019, Pinellas County amended its multimodal impact fee so now impact fees for single- family housing are based on the size of the unit broken into three size ranges: 0-1,500 square feet; 1,501- 2,499 square feet; and 2,500 square feet and over. In addition, fees were reduced for housing units for “low- income households”. The city incorporates the county’s fee schedule by reference within the Code of Ordinances; however, the addition of a new policy within the Housing Element aims to bring awareness to Community Development Board – December 21, 2021 CPA2021-11001 – Page 3 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION and show the city’s support for this incentive to facilitate development of affordable, and specifically low- income housing within the city. Projects that have already utilized this reduced multimodal impact fee include recent Habitat for Humanity projects. ANALYSIS: The proposed amendments to the Comprehensive Plan are summarized below: 1. New Property Rights Element, Goal K.1 and its Objective and Policies [page 4 of ordinance] This new goal, one objective and four policies are the model private property rights statements provided for in House Bill 59. The approach of using the statute’s language as policies in the plan is being used by many municipalities to comply with the House Bill which was effective as of June 29, 2021. Until the required Property Rights Element is adopted, cities cannot adopt any other amendments to their comprehensive plans, including Future Land Use Map amendments. As detailed above, this element is largely duplicative of rights already protected by the Constitutions of both the United States and the State of Florida as well as Florida’s Bert Harris Act. Existing Policy A.4.1.4 of the Comprehensive Plan will not be changing, and this proposed new element will not conflict with this existing policy. 2. Housing Amendments [pages 1 through 3, Exhibit “A” of ordinance] Amendments proposed to the Future Land Use and Housing Elements address housing affordability. Other amendments correct typographical errors and clarify policy intent. Amended Policy A.6.1.1 adds in “affordable housing, missing middle housing, and vertically integrated, transit supportive mixed-use development projects” as types of projects that are encouraged and supported with development incentives, such as density bonuses. Similarly, amended Policy C.1.1.7 adds language for affordable and missing middle housing as a means to further the goal of providing a variety of housing choices through development tools such as density bonuses or height increases. Amended Objective C.1.1 adds language for the diversity of housing options provided for to meet the evolving needs of Clearwater households. Proposed Policy C.1.1.2 expands the types of housing the city should address in the Community Development Code to meet the housing needs of the residents to include missing middle housing types. Currently, Policy C.1.1.8 provides for accessory dwelling units and outlines certain parameters to be included in the Community Development Code, but as currently written it is not clear that an accessory dwelling unit would not need the acreage to support the extra unit based on the permitted density. The proposed amendment to Policy C.1.1.8 clarifies that accessory dwelling units are permitted within certain residential zoning districts and that they are exempt from density provisions; however, it continues to require that they meet certain Community Development Code provisions and also establishes that an accessory dwelling unit cannot be used for a short term rental. Community Development Board – December 21, 2021 CPA2021-11001 – Page 4 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Additionally, Policy C.1.2.8 further supports the City’s utilization of Pinellas County’s Multimodal Impact Fee, as well as the County’s reduced fee structure for units designated as low-income households which was incorporated by the County in July 2019. 3. Map Amendments [Exhibit “A” of ordinance] The last amendments replace Maps E-1A and E-1B, the Coastal Storm Area maps, and E-2, the Hurricane Storm Surge map. The City’s Coastal Storm Area is based largely on the Category 1 Storm Surge (Maps E-1A and E-1B), and with the new data, the hurricane storm surge zones have now changed (Map E-2). The Coastal Storm Area maps are broken into two showing the west coast (Gulf of Mexico) and the east coast (Old Tampa Bay) of Clearwater. Larger scale maps are maintained by the Planning and Development department. Overall, the Coastal Storm Area has decreased by approximately 1.75% from 2017, from approximately 2,577 acres to 2,532 acres in 2021. STANDARDS FOR REVIEW: Pursuant to Community Development Code Section 4-603.F., no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. The proposed amendments to the Clearwater Comprehensive Plan are consistent with the following goal, objectives and policy in the Plan: Policy A.4.1.4 The City shall recognize the overriding Constitutional principle that private property shall not be taken without due process of law and the payment of just compensation, which principle is restated in Section 163.3194(4)(a), Florida Statutes. Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Objective C.1.2 The City of Clearwater shall continue to provide assistance and incentives for the development of housing that affordable to very low, low, and moderate income households, including those with special needs, consistent with the level of growth in these income categories. Community Development Board – December 21, 2021 CPA2021-11001 – Page 5 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Objective C.1.9 The City of Clearwater shall be proactive in incentivizing the construction of affordable housing. Goal E.1 Management of Clearwater’s Coastal Storm Area shall provide for the long-term accessibility, safety, economic viability, neighborhood stability, and environmental integrity of these unique resources. Objective E.1.2 The coastal storm area shall be the area delineated in Maps E-1A and E-1B of the Coastal Management Element … The City shall direct permanent population concentrations away from the coastal storm area consistent with the goals, objectives and policies of the Clearwater Comprehensive Plan. The proposed amendments address new requirements in the Florida Statutes, and also address constitutional rights for property owners, consistent with Policy A.4.1.4. Additionally, the above policy already acknowledges the fact that private property shall not be taken without due process. Amendments to Policies A.6.1.1, C.1.1.2, C.1.1.5, C.1.1.7 and C.1.1.8 and Objective C.1.1 reinforce that workforce, affordable and missing middle housing projects are appropriate for density bonuses and that those project types, in addition to accessory dwelling units, encourage and support the city’s objective to have an adequate supply of housing within the City. Although the new policies would require additional planning to implement in the Community Development Code, they provide the necessary policy foundation for that future work, thereby furthering the intent and purpose of the appropriate objectives and goals. Updating Maps E-1A and E-1B will reflect new SLOSH modeling data as referenced above. The new maps are consistent with Objective E.1.2, which defines what shall be included in the defined coastal storm area. Map E-2 is also being updated due to the updated SLOSH modeling. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendments are not in conflict with other provisions of the Comprehensive Plan. The proposed amendments will add a new goal, objective and policies to the Comprehensive Plan to ensure that private property rights are considered in the local decision-making process, as required by state law, and propose additional amendments that are not otherwise inconsistent with the Comprehensive Plan. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. The majority of the amendments do not relate to specific properties; however, the Coastal Storm Area maps do relate to specific properties and, based on scientific modeling, place designations that may limit the use of certain properties (e.g., existing Policy E.1.2.5, which establishes that new hospitals, nursing homes and assisted living facilities are prohibited from locating in the Coastal Storm Area). This limitation of certain uses is based on data and is a matter of public safety. Community Development Board – December 21, 2021 CPA2021-11001 – Page 6 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION 4. Sufficient public facilities are available to serve the property. This is not applicable to the proposed amendments as the proposed changes do not relate to a specific property or properties except for the updated maps; however, the maps do not expand development potential. Therefore, the adequacy of available public facilities will need to be assessed on a case-by-case basis as development proposals are received. 5. The amendment will not adversely affect the natural environment. This is not applicable to the proposed amendments as the proposed changes do not relate to a specific property or properties except for the maps; however, the maps are related towards the built environment and moving permanent populations away from the Coastal Storm Area. Therefore, the protection of the natural environment will need to be assessed on a case-by-case basis as development proposals are received. 6. The amendment will not adversely impact the use of property in the immediate area. The goal of the statutory requirements and the proposed Property Rights Element are to ensure that private property rights are considered in local decision-making. The additional amendments are adding resources to housing objectives that the city currently does and should continue to do, along with fixing typographical errors and clarifying policy intent. Therefore, this is not applicable to the proposed amendments as they do not relate to a specific property or properties. SUMMARY AND RECOMMENDATION: The purpose of this proposed ordinance is to comply with the recently adopted requirements of the Florida Statutes to adopt a Property Rights Element within the City’s Comprehensive Plan, to expand the city’s options to address housing affordability and to update the city’s Coastal Storm Area and Hurricane Storm Surge maps based on new data. The proposed amendments are consistent with and will further the goals, objectives, and policies of the Clearwater Comprehensive Plan, will not result in inappropriate or incompatible uses, will not adversely affect the natural environment or impact the use of the property in the immediate area, and sufficient public facilities exist to implement the proposed amendments. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9515-22 that amends the Clearwater Comprehensive Plan. Prepared by Planning and Development Department Staff: Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9515-22 Resume Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: TA2021-11004 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Approve amendments to the Community Development Code addressing recent legislative changes related to home-based businesses, building design review and building permit fees, and supporting the City’s affordable and workforce housing initiatives, and pass Ordinance 9514-22 on first reading. (TA2021-11004) SUMMARY: The 2021 Florida legislative session passed and enrolled several bills, now effective, which impart certain planning and building requirements. In order to provide clarity or remain consistent with state statutes governing home based businesses, building design review, and building permit fees, certain amendments to the Community Development Code are proposed in Ordinance 9414-22. Staff is also proposing a limited number of amendments to the Code to support the city’s affordable and workforce housing initiatives. Proposed Ordinance No. 9514-22 includes the following amendments: ·Repeals existing home occupation regulations and replaces with new home-based business standards consistent with the statutes. ·Incorporates “Design Review Board” into Section 5-201 to clarify and affirm this under the powers and duties of the Community Development Board. ·Establishes a prorated increase to the current affordable housing density bonus at a rate of 2.5% bonus for each 1% increase in certified affordable units provided between 15% and 25% of total units in a project. ·Provides additional reductions in required off-street parking for certain certified affordable housing units. ·Requires long-term bicycle parking for affordable housing projects approved with reduced off-street parking in certain situations. ·Groups all fee reductions provided for affordable housing projects within a single location of the Code. ·Modifies Appendix A Fee Schedule to increase existing and establish new reductions of 50% reduction to plan review and permit fees for projects using a private provider for plan review or inspections, and establishing a 75% reduction to plan review and permit fees for one- and two- family residential projects that are certified affordable housing. The Planning and Development Department has determined that the proposed text amendments to the Community Development Code are consistent with and further the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The Community Development Board (CDB) reviewed the proposed Page 1 City of Clearwater Printed on 1/12/2022 File Number: TA2021-11004 text amendment at its meeting of December 21, 2021, and unanimously recommended approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 1/12/2022 1 Ordinance No. 9514-22 ORDINANCE NO. 9514-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING SECTION 3-920. AFFORDABLE HOUSING INCENTIVES TO PROVIDE INCREMENTAL DENSITY BONUSES FOR MIXED-INCOME PROJECTS BETWEEN 15 AND 25 PERCENT AFFORDABLE HOUSING UNITS, TO ALLOW ADDITIONAL OFF-STREET PARKING REDUCTIONS FOR AFFORDABLE HOUSING UNITS NEAR TRANSIT STOPS PROVIDING CERTAIN FREQUENCY OF SERVICE, TO ESTABLISH LONG-TERM BICYCLE PARKING REQUIREMENTS FOR THOSE AFFORDABLE HOUSING UNITS PROVIDING REDUCED OFF-STREET PARKING, AND TO ADD A NEW SUBSECTION C. AFFORDABLE HOUSING FEE REDUCTIONS; REPEALING ARTICLE 3. DIVISION 11. HOME OCCUPATIONS; ADOPTING A NEW ARTICLE 3. DIVISION 11 HOME-BASED BUSINESSES WHICH ESTABLISHES STANDARDS FOR ALL HOME-BASED BUSINESSES, CONSISTENT WITH F.S. 559.955, AND ENSURES CONSISTENCY WITH RESIDENTIAL CHARACTER BY CLARIFYING TYPES OF UNPERMITTED BUSINESSES, LIMITING BUSINESS SIZE AND NUMBER OF OUTSIDE EMPLOYEES, AND ADDRESSING CERTAIN OPERATIONAL CHARACTERISTICS, PARKING LOCATION, AND OTHER SIMILAR REQUIREMENTS; AMENDING SECTION 5- 201. POWERS AND DUTIES TO CLARIFY AND AFFIRM THAT THE COMMUNITY DEVELOPMENT BOARD IS THE CITY’S DESIGN REVIEW BOARD; AMENDING SECTION 8-102. DEFINITIONS BY DELETING HOME OCCUPATION AND ADDING HOME-BASED BUSINESS; AMENDING APPENDIX A – SCHEDULE OF FEES, RATES AND CHARGES, V. BUILDINGS AND BUILDING REGULATIONS (§ 47.087), TO REVISE FEE REDUCTIONS FOR USE OF PRIVATE PROVIDERS AND ESTABLISH A FEE REDUCTION FOR AFFORDABLE HOUSING PROJECTS; AMENDING APPENDIX B – US 19 DISTRICT AND DEVELOPMENT STANDARDS, SECTION B-303.C TABLE 3, TO ADD AFFORDABLE HOUSING AS A FACTOR FOR REDUCING REQUIRED PARKING; MAKING OTHER ADMINISTRATIVE CHANGES; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (“City”) adopted the Community Development Code on January 21, 1999, which took effect on March 8, 1999; and WHEREAS, on July 15, 2021 the City demonstrated its commitment to taking a countywide approach to addressing housing affordability by approving the Advantage Pinellas Housing Compact between the municipalities within Pinellas County, the Pinellas County Board of County Commissioners and Forward Pinellas; and 2 Ordinance No. 9514-22 WHEREAS, the City has provided reduced parking for affordable and workforce housing projects in the Community Development Code since 2005 (Ordinance 7499-05), and established additional incentives for affordable housing including a density bonus in 2012 (Ordinance 8313- 12); and WHEREAS, the city’s Affordable Housing Advisory Committee convenes annually as required by Section 420.9076 Florida Statutes and has supported various incentives intended to encourage development and preservation of affordable and workforce housing; and WHEREAS, during its 2021 session, the Florida Legislature passed House Bill 403 (“HB 403”), which, prohibits local governments from taking certain actions relating to the licensure and regulation of home-based businesses; and WHEREAS, the City has determined that certain amendments to the Community Development Code are necessary to remain consistent with the changes to Florida Statutes governing home-based businesses pursuant to HB 403; and WHEREAS, during its 2021 session, the Florida Legislature also passed House Bill 401/Senate Bill 284 (“HB 401/SB 284”), which, preempts local governments from regulating certain building design elements for single-family and two-dwelling residences; and WHEREAS, HB 401/SB 284 also created an exemption to the preemption, allowing local governments to continue to regulate dwellings in those jurisdictions that already have a design review board or architectural review board; and WHEREAS, the City has a long-standing design review board, its Community Development Board (“CDB”), whose duties include performing design consistency reviews for dwellings pursuant to the City’s Land Development Regulations; and WHEREAS, the City does affirm that its CDB is a Design Review Board, as that term is contemplated in HB 401/SB 284; and WHEREAS, HB 401/SB 284 also requires local governments to reduce permit fees where a private provider is used for the purposes of plans review or building inspection services; and WHEREAS, the City desires to also reduce building permit fees for one or two-family residential affordable and workforce housing projects, as certified by the City’s Economic Development and Housing Department; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater’s Comprehensive Plan and recommended that the City Council adopt this amendment; and WHEREAS, the City Council has fully considered the recommendation of the Community Development Board and testimony and evidence submitted at its public hearing; now therefore, 3 Ordinance No. 9514-22 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 3. Development Standards, Division 9. General Applicability Standards, Section 3-920 Affordable housing incentives, Community Development Code, be amended to read as follows: A. Affordable housing density dwelling units. * * * * * * * * * * 3. Density bonus. a. Mixed-income affordable housing developments. Mixed-income affordable housing developments contain a minimum of 15 percent affordable housing units and a maximum of 25 percent affordable housing units, the remainder being market-rate housing units. The percentage of bonus units awarded is based on the percentage of affordable housing units provided, as shown in the table below: Percentage Affordable Housing Dwelling Units Provided (Minimum 15% Required) Bonus Density Awarded (Additional 2.5% Density Bonus for Each 1% Increase Above the 15% Minimum) 15% 25% 16% 27.5% 17% 30.0% 18% 32.5% 19% 35.0% 20% 37.5% 21% 40.0% 22% 42.5% 23% 45.0% 24% 47.5% 25% 50% * * * * * * * * * * B. Affordable housing parking reductionsincentive. 4 Ordinance No. 9514-22 1. Any reduction in required off-street parking shall only apply to those dwelling units which are certified by the City’s Economic Development and Housing Department as affordable housing. All other dwelling units not certified as affordable housing shall meet the minimum off-street parking requirements set out for the use in the applicable zoning district. Certified affordable housing projects may be eligible for a reduction in the required off-street parking consistent with the following: Off-street parking may be reduced to one and one- half (1.5) parking spaces, or less per unit, provided the site with affordable housing units is located within 1,000 feet of a transit stop as measured from the nearest point of exit from the parcel based upon the shortest route of ordinary pedestrian travel and subject to the following: a1. The parking requirement may be reduced to between one and one-half (1.5) and one (1) space per unit for projects located within 1,000 feet of a transit stop if the affordable housing units are designated for senior citizens or disabled persons. b. For all other affordable housing projects, the parking requirement may be reduced to between one and one-half (1.5) and one and one-quarter (1.25) space per unit for projects located within 1,500 feet of a transit stop with 30-minute or more frequent service during peak hours and 60 minute-minutes or more frequent service during off‐peak hours. c. The distance a site is from a transit stop shall be measured from the nearest point of exit from the parcel based upon the shortest route of ordinary pedestrian travel. 2. Long-term bicycle parking shall be provided to any affordable housing unit which is approved with reduced off-street parking consistent with the following: a. The following table sets forth the number of long-term bicycle spaces required for each unit for which the number of off-street parking spaces was reduced. When the determination of the number of required long-term bicycle parking spaces results in a requirement of a fractional space, any fraction less than one-half space shall be rounded down to the nearest whole number and any fraction of one-half space or more shall be rounded up. Type of Affordable Housing Long-Term Bicycle Spaces Detached Dwelling No spaces required. Attached Dwellings: a) with private garage or private storage space for unit No spaces required. b) without private garage or private storage space for unit 0.5 spaces per unit 5 Ordinance No. 9514-22 b. All bicycle spaces provided shall comply with the bicycle parking standards in Section 3-1411. 32. In the case of attached dwellings, if parking is proposed adjacentnext to the building, a buffer that includes a four-foot sidewalk and a five-foot landscaped area shall be provided between the building and parking as illustrated below. * * * * * * * * * * C. Affordable housing fee reductions. 1. Building permit fee reduction. Building plan review and permit fees may be reduced for certified affordable housing developments as set forth in the fee schedule, except where legal constraints prevent such waiving. 2. Multimodal impact fee reduction. The multi-modal impact fee required pursuant to Section 4-905.C.2. may be reduced for qualified affordable housing projects meeting the requirements for the low-income household reduction as established by the Impact Fee Schedule A or B in Section 150-40 of the Pinellas County Land Development Code. Section 2. That Article 3. Development Standards, Division 11. Home Occupations, Community Development Code, be repealed and replaced and renamed to read as follows: DIVISION 11. – HOME-BASED BUSINESSES Section 3-1101. - Purpose. It is the purpose of this division to establish criteria for certain businesses to operate in whole or in part from a residentially zoned property while limiting potential impacts on surrounding properties and maintaining residential character, pursuant to F.S. 559.955. Section 3-1102. - Standards. A. A home-based business shall not include uses such as alcoholic beverage sales, animal boarding, light assembly (other than hand-crafted products), manufacturing, outdoor storage, problematic uses as defined under Article 8, publishing and printing, restaurants, salvage yards, urban farms, vehicle sales/display major, vehicle service, vehicle service limited, vehicle service major, veterinary office, or wholesale/distribution/warehouse facility, or any like uses which are industrial in nature or like uses which require or generate significant parking, as such uses are not compatible with the residential character of the dwelling or the neighborhood. 6 Ordinance No. 9514-22 B. All home-based businesses shall conform to all of the following standards: 1. The activities of the home-based business shall be clearly secondary to the property's principal use as a dwelling unit and must be conducted entirely within the dwelling or a legal accessory structure located on the premises. 2. Home occupations are permitted in an attached garage provided the required parking is retained and accessible. Home occupations are prohibited in carports. 3. There shall be no external modifications made to the dwelling unit or accessory structure to accommodate a home-based business that would not be compatible or appropriate to its residential use and architectural character. 4. No display of products, operations, signs or nameplates shall be visible from outside the dwelling unit. 5. No more than two employees or independent contractors who do not reside at the dwelling unit may work at the dwelling unit in addition to those living in the dwelling unit. The business may have additional remote employees that do not work at the dwelling unit. 6. Retail transactions shall only be conducted from the dwelling unit. 7. The need for parking generated by the home-based business shall be no greater than would normally be expected at a similar residence where no home-based business is conducted. 8. Motor vehicles, trailers, or farm equipment used in conjunction with the home-based business shall be parked or stored consistent with all terms contained in Article 3, Division 14. 9. The home-based business shall not create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors, detectable to the normal senses at the lot line, or beyond the lot line if the home-based business is conducted in a detached dwelling, or beyond the exterior or any common walls in an attached dwelling. 10. All home-based business activities must comply with all local, county, state, and federal regulations related to the home-based business with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids. 11. Home-based business involving the provision of day care services shall comply with the provisions regulating family day cares in accordance with Florida Statutes and obtain all required licenses. Section 3. That Article 5. Decision Making and Administrative Bodies, Division 2. Community Development Board, Section 5-201. Powers and duties, Community Development Code, be amended to read as follows: Section 5-201. Powers and duties. 7 Ordinance No. 9514-22 There is hereby created a community development board to act as the Design Review Board and the local planning agency of the city and with the following powers and duties: * * * * * * * * * * Section 4. That Article 8. Definitions and Rules of Construction, Section 8-102. Definitions, Community Development Code, be amended to read as follows: * * * * * * * * * * Home occupation means an occupation, craft or profession conducted entirely within a dwelling unit or conducted from a motor vehicle based at a dwelling unit such that the use is incidental to the residential use of the dwelling unit and does not change the residential character of the dwelling unit. Home-based business means a business conducted in whole or in part within a dwelling unit or legal accessory structure on that same property, that is secondary to the use of the dwelling for dwelling purposes and does not give external evidence of nonresidential use or adversely affect the uses permitted in the residential district of which it is a part. * * * * * * * * * * Section 5. That Appendix A – Schedule of Fees, Rates and Charges, V. Buildings and Building Regulations (§ 47.087), Community Development Code, be amended to read as follows: V. BUILDINGS AND BUILDING REGULATIONS (§ 47.087): Permit fees and charges: (1) Permits and fees and charges, in general; exceptions: (a) Permits are generally not required for carpeting, painting, wallpapering, paneling over existing walls, and tile, nor where the valuation of labor, materials, and all other items does not exceed $500.00 and the work or operation is of casual, minor, inconsequential nature, and does not violate any city codes or ordinances, or is exempt pursuant to Chapter 75-489, Laws of Florida (Special Acts), Section 25. (b) Valuations for all construction shall be based on the contract value. The current Southern Building Code Congress International's valuation tables may be used if no contract is submitted with the permit application. (c) Plans review feesFees will be reduced by 33 percent for those projects using a private provider offor plan review or building inspection services to determine 8 Ordinance No. 9514-22 compliance with the Florida Building Code, pursuant to Florida Statutes, to review the Building, Plumbing, Mechanical and Electrical trades. as follows: 1. Plan review fee: 50% reduction 2. Permit fee: 50% reduction * * * * * * * * * * (f) Plan review and permit fees for one- or two-family residential affordable housing projects, as defined in Article 8 of this code and certified by the city’s Economic Development and Housing Department, will be reduced by 75%. Section 6. That Appendix B – US 19 Zoning District and Development Standards, Division 3. Subdistrict Standards, Section B-303.C Parking Reduction, Community Development Code, be amended to read as follows: C) Parking Reduction For all uses listed in Table 2. Use and Parking, a reduction in the minimum number of parking spaces may be approved. The combined effect of all applicable reductions in this section shall not reduce the off-street parking required by more than 25 percent. Parking reduction factors are provided in Table 3. Parking Reduction Factors. Table 3. Parking Reduction Factors Factor Criteria Parking Reduction Affordable Housing as certified by the city’s Economic Development and Housing Department All properties within the US 19 District Minimum off-street parking may be reduced to 1 space per dwelling unit when affordable housing project is located within 1,500 feet of a transit stop On-Street Parking Properties within the Regional Center and Neighborhood Center Subdistricts with Type A Street Frontage One legal on-street parking space can be substituted for every required off-street parking space provided the on-street space is located along that portion of the right-of-way immediately abutting the property seeking the adjustment. Electric Vehicle Charging Stations All properties within the US 19 District One off-street parking space equipped with an electric vehicle charging station may be substituted for two required off- street parking spaces. The maximum 9 Ordinance No. 9514-22 substitution shall be no more than eight required spaces. Photovoltaic- Topped Shade Structure All properties within the US 19 District One off-street parking space equipped with a Photovoltaic /PV-topped shade structure (also called solar canopy or solar carport) may be substituted for three required off-street parking spaces. Bus Shelter All properties within the US 19 District Bus shelters may be provided in lieu of up to 15 percent of the required number of parking spaces. This reduction shall only be applied at PSTA approved locations. Bicycle Parking All properties within the US 19 District One bicycle rack that provides a minimum of six-units of parking may be substituted for no more than one parking space. This is in addition to required bicycle parking pursuant to Division 5. Site Design Standards. Shared Parking All properties within the US 19 District Pursuant to Section 3-1405. Section 7. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 8. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 9. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 10. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 11. This ordinance shall take effect immediately upon adoption. 10 Ordinance No. 9514-22 PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call, MPA, MMC Assistant City Attorney City Clerk PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: December 21, 2021 AGENDA ITEM: F.2. CASE: TA2021-11004 ORDINANCE NO.: 9514-22 REQUEST: To amend the City of Clearwater’s Community Development Code to provide incremental density bonuses for mixed-income projects and provide other incentives for affordable housing such as parking and building permit fee reductions, to repeal and replace the city’s home based business regulations, to affirm that the Community Development Board is the city’s Design Review Board, and to amend the city’s Schedule of Fees to provide reduced fees for the use of private providers for plans review and inspections and affordable housing projects. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The 2021 Florida legislative session passed and enrolled several bills, now effective, which impart certain planning and building requirements. In order to provide clarity or remain consistent with state statutes governing home based businesses, building design review, and building permit fees, certain amendments to the Community Development Code (“the Code”) are proposed in Ordinance 9414-22. Staff is also proposing a limited number of amendments to the Code to support the city’s affordable and workforce housing initiatives. Additional detail regarding the specific House and/or Senate Bills is included within the Analysis section below. ANALYSIS: Proposed Ordinance No. 9514-22 implements the following revisions. Home Based Businesses House Bill 403 (“HB403”) created a new s. 559.995, F.S., related to home-based businesses. Communities traditionally include regulations for home-based businesses, also called home Planning & Development Department Development Code Text Amendment Long Range Planning Division Revised for City Council – January 20, 2022 Community Development Board – December 21, 2021 TA2021-11004 – Page 2 occupations, to mitigate their presence in residential neighborhoods. HB403 authorizes home- based businesses to operate in residentially zoned areas and restricts local governments’ ability to regulate them. The statute states, “The activities of the home-based business are secondary to the property’s use as a residential dwelling,” but that it “may not be prohibited, restricted, regulated or licensed in a manner that is different from other businesses in a local government’s jurisdiction, except as otherwise provided in this section.” Ordinance 9514-22 proposes to repeal the city’s existing regulations and replace with new standards consistent with the statutes. Specifically, Section 3-1101. Purpose emphasizes that the standards established are intended to limit potential impacts on surrounding properties and maintain residential character. Within new Section 3-1102. Standards, the proposal incorporates examples of businesses which would not qualify as home-based businesses based on their operational characteristics which are industrial in nature or may generate parking needs “greater in volume than would normally be expected at a similar residence where no business is conducted” (HB403), and are therefore not compatible with the residential character of a dwelling or neighborhood. The other proposed standards comport with the statutes, mirroring the language within. Preemption of Design Review for Residential Buildings In 2021, the legislature also passed House Bill 401/Senate Bill 284 (“HB401/SB284”). Bill text had also been filed under House Bill 55 (“HB55”) that prohibited zoning and development regulations relating to building design for one-or two-family buildings with limited exceptions: structures listed on National Register of Historic Places or contributing structures to a historic district; or the regulations implement the National Flood Insurance Program. HB55 was opposed by many, including the city, and did not pass. But, the final version of HB401/SB284, which passed and was enrolled, added the following building design pre-emption language: (5)(a) Land development regulations relating to building design elements may not be applied to a single-family or two-family dwelling unless: 7. The dwelling is located within the jurisdiction of a local government that has a design review board or architectural review board. In the city, the Community Development Board (“CDB”) is the City’s design review board. The CDB reviews Residential Infill Projects for compliance with established design criteria. The pre- emption in HB401/SB284 does not apply, and the city’s design regulations currently in place governing one- and two-family residential projects in the Downtown and US 19 Districts are allowed to remain. The proposed amendment incorporates “Design Review Board” into Section 5-201 in order to clarify and affirm this under the Powers and Duties of the CDB. Planning & Development Department Development Code Text Amendment Long Range Planning Division Revised for City Council – January 20, 2022 Community Development Board – December 21, 2021 TA2021-11004 – Page 3 Discount for Private Provider Services HB401/SB284 also included provisions requiring cities reduce permit fees for projects utilizing private providers for the purposes of building plan review or building inspection services. This bill expanded on 2019 amendments to s. 553.791, F.S. (House Bill 7103) which prohibited local governments from charging a fee, other than a reasonable administrative fee, for building inspections when a property owner or contractor hires a private provider, and clarified existing provisions for reduced fees for plans review. The city does not have a separate inspection fee established, and already provides a 33 percent discount for plan review services when a private provider is used; therefore, no amendments were necessary in 2019. With the strengthening of the regulations, Planning and Development Department staff determined it was prudent to review its fee schedule again and make recommendations for additional changes in order to clarify how it will meet the new statutes, in particular as it relates to inspection services. While talking with other municipalities and researching others’ fee schedules, it became clear that there is a myriad of fee structures used by cities, thus making a direct comparison not possible. For example, while the city does not charge a separate inspection fee, many others do. Additionally, there is a variety of ways permit fees are calculated, including based on the size of the structure or the value of the project (the city’s approach), and some cities have administrative fees already established, or also charge separate fees for all reviews outside of the Florida Building Code (e.g., zoning, stormwater). Staff examined St. Petersburg, Largo and Pinellas County fees for a local comparison. Pinellas County established an administrative fee of $200 and discounts plan review and inspection fees by 75 percent for both commercial and residential projects. Neither St. Petersburg nor Largo have administrative fees at this time, but their discounts for both fees and project types is 50 percent. Ordinance 9514-22 proposes to increase the current fee reduction for projects using a private provider for plan review from 33 percent to 50 percent, and to establish a 50 percent reduction for the permit fee. Additionally, these same reductions are proposed to apply to projects using a private provider for inspections. The Planning and Development Department will be recommending to further evaluate fees after the completion of the Business Process Study, which is expected to start in March 2022 and take approximately one year. Affordable and Workforce Housing Incentives Although not mandated by any recent legislation, the city has demonstrated its continued commitment to addressing countywide housing affordability issues by approving the Advantage Pinellas Housing Compact earlier this year. The Code defines an affordable housing unit as “… any residential dwelling unit leased or owned by a household with a household income of 120 percent or less of the adjusted area median family income for Pinellas County, Florida, as Planning & Development Department Development Code Text Amendment Long Range Planning Division Revised for City Council – January 20, 2022 Community Development Board – December 21, 2021 TA2021-11004 – Page 4 determined by the U.S. Department of Housing and Urban Development (HUD).” The city’s definition is inclusive of “workforce housing”, a term that commonly used for households with incomes between 60 and 120 percent of the area median income, although HUD does not distinguish between affordable and workforce housing. Due to the timing of this proposed ordinance, it was possible to discuss opportunities for limited Code changes with the city’s Affordable Housing Advisory Committee (“AHAC”) when it convened in October and November, 2021. The AHAC’s recommendations included reducing permit fees for affordable housing and to be a County leader in incentivizing affordable housing, building upon some of the city’s earlier work to address housing affordability. In 2012, the city established a density bonus in the Code which is structured to support affordable housing while incentivizing mixed-income projects with larger density bonuses than what would be available for projects with a higher percentage of dedicated affordable units. The current table in Section 3-920.A.3.a establishes a bonus for those projects providing either 15 percent affordable housing units or 25 percent affordable housing units. The Code does not state what bonus would apply to projects providing a percentage somewhere in between. The proposed amendments address this by establishing a prorated increase to the density bonus which corresponds to each additional percent of affordable housing dwelling units provided, at a rate of 2.5 percent bonus for each one percent increase in units provided. Ordinance 9514-22 also proposes to provide additional reductions in required off-street parking for designated affordable housing units. There is ample data available showing that parking is expensive to build, regardless of type (surface or structured) and research shows that cities often require more off-street parking than truly needed, which results in excess parking, more expensive projects, and less space on a site for other potential amenities. Housing Policy Debate (2016) found that garage (structured) parking, which is desired in the city’s designated activity centers where the city wants to see more efficient use of land through more intense development, can add over 17 percent to a housing unit’s rent. While the additional cost may be less for projects providing surface parking only, studies show that costs associated with parking are typically passed through to tenants. Source: https://www.planning.org/planning/2018/oct/peopleoverparking/ Planning & Development Department Development Code Text Amendment Long Range Planning Division Revised for City Council – January 20, 2022 Community Development Board – December 21, 2021 TA2021-11004 – Page 5 This issue is not limited to affordable or workforce housing developments, but such projects are already challenging to finance. Providing an option to reduce the required parking might be the difference between a project being constructed or not. In a 2018 American Planning Association article discussing the impacts of parking on housing affordability, author Jeff Speck succinctly states that “building parking costs a lot, and that cost usually ends up raising tenant rates.” This same article states that the typical median parking required for a two-bedroom apartment in many cities can be more than half the size of the apartment itself. The Code requires two parking spaces per dwelling unit for all residential development except in the US 19 District where only one and one-half spaces per unit is required and in the Downtown District where one parking space per unit is required. As illustrated in the graphic below, the space required for two parking spaces would be about 650 square feet, which is approximately 72 percent of the square footage of a 900 square foot two-bedroom apartment. The dimensions for each parking space and required aisle width vary based on the angle of the parking, but this graphic is in line with city standards and illustrates how much space is may be required to store vehicles compared to providing housing. Source: Seth Goodman, graphicparking.com Studies show that vehicle ownership rates tend to increase with income and household size, which is the opposite of the common thought that affordable housing needs more parking. A project Planning & Development Department Development Code Text Amendment Long Range Planning Division Revised for City Council – January 20, 2022 Community Development Board – December 21, 2021 TA2021-11004 – Page 6 providing fewer off-street parking spaces has lower development costs and potentially frees up more land for additional units, reducing the overall cost of housing for the residents. The Code currently permits affordable housing projects which are located within 1,000 feet of a transit stop and designated for senior citizens or disabled persons to provide less off-street parking (reduce from two spaces per unit to between one and one-half and one space per unit). The proposed amendments reorganize Section 3-920.B and include additional reductions from two spaces per unit to between one and one-half and one and one-quarter spaces per unit for all other affordable housing projects within 1,500 feet of transit stops which provide more frequent service levels. While the proposed reduction is less than that already provided for senior housing projects, the distance from a transit station can be greater, and more parcels would be eligible for the parking reduction. A review of bus routes in Clearwater shows that the majority provide service which meets the proposed standard. Additionally, Appendix B – US 19 Zoning District and Development Standards Table 3. Parking Reduction Factors is proposed to include affordable housing as a reduction factor as well, allowing parking in the US 19 District to be reduced to one space per unit, where one and one-half is currently required. Ordinance 9514-22 also proposes to establish new long-term bicycle parking requirements for affordable housing projects approved with reduced off-street parking when an affordable housing unit does not otherwise have a private garage or other dedicated private storage space. The city established standards for long-term bicycle parking in 2018, which can be found in Section 3- 1411. A new subsection is proposed (3-920.C) so that all fee reductions provided for affordable housing projects are included within a single location in the Code, including reference to the reduced multi- modal impact fee which is established by Pinellas County and implemented by the city. Additionally, the ordinance proposes to establish a new reduction of building plan review and permit fees for affordable housing projects. This is included in this new subsection, and the discount of 75 percent is proposed to be established in the fee schedule located in Appendix A. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following goals, objectives and policies which will be furthered by the proposed Code amendments: Policy A.2.2.12 The City will provide density bonuses for affordable housing developments that demonstrate that a minimum of 15% of the total units are reserved as affordable housing units. Such bonuses shall not exceed 50% of the density Planning & Development Department Development Code Text Amendment Long Range Planning Division Revised for City Council – January 20, 2022 Community Development Board – December 21, 2021 TA2021-11004 – Page 7 permitted by the Future Land Use Map and shall not include properties located in the Coastal Storm Area. The density bonus shall be established by ordinance in the Community Development Code. Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Policy C.1.1.5 The City of Clearwater shall continue to provide information, incentives, and technical assistance to the private sector in order to achieve housing production that meets the needs of very low, low, and moderate households. Objective C.1.2 The City of Clearwater shall continue to provide assistance and incentives for the development of housing that is affordable to very low, low, and moderate income households, including those with special needs, consistent with the level of growth in these income categories. Objective C.1.4 Continue to provide zoning and land use regulations that allow for the development and redevelopment of affordable housing in stable neighborhoods. Policy C.1.4.2 Assisted housing should be located in close proximity to employment centers, mass transit services, parks, and commercial centers. Objective C.1.9 The City of Clearwater shall be proactive in incentivizing the construction of affordable housing. Policy C.1.9.1 The City will provide density bonuses for affordable housing developments that demonstrate that a minimum of 15% of the total units are reserved as affordable housing units. Such bonuses shall not exceed 50% of the density permitted by the Future Land Use Map and shall not include properties located in the Coastal Storm Area. The density bonus shall be established by ordinance in the Community Development Code. Policy C.1.9.2 Allow flexibility with regard to setbacks and off-street parking to accommodate density bonuses associated with affordable housing Planning & Development Department Development Code Text Amendment Long Range Planning Division Revised for City Council – January 20, 2022 Community Development Board – December 21, 2021 TA2021-11004 – Page 8 developments provided the project design does not detract from the established or emerging character of the immediate vicinity. Policy C.1.9.3 Allow flexibility with regard to off-street parking for projects containing affordable housing units located within 1000 feet of a transit stop. The City’s Comprehensive Plan does not include goals, objectives or policies that specifically address the changes necessitated by the recent legislative changes, but the proposed amendments do not conflict with the Plan either. The Comprehensive Plan establishes and supports the use of impact fees; however, it does not get into the level of detail that the Code does when establishing the fee schedule. The Comprehensive Plan includes multiple objectives and policies to support and incentivize affordable housing projects, including two identical policies which allow for the density bonus to be established in the Code (Policies A.2.2.12 and C.1.9.1). The proposed change to allow for incremental density bonuses is consistent with the current policies, but both are proposed to be amended by companion amendments to the Comprehensive Plan (CPA2021-11001). In addition to the density bonus, the Plan references the city providing incentives, generally, for affordable housing, as seen in Policy C.1.1.5 and Objectives C.1.2 and C.1.9. The proposed amendment to allow for the permit fee reduction and reduced parking furthers this policy and these objectives. Additionally, there is support for allowing greater flexibility in off-street parking through Policies C.1.9.2 and C.1.9.3 which the proposed amendment further implements. The above referenced goals, objectives and policies of the Comprehensive Plan will be furthered by Ordinance 9514-22. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103: Sec. 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Sec. 1-103.E.2. It is the further purpose of this Development Code to protect the character and the social and economic stability of all parts of the city through the Planning & Development Department Development Code Text Amendment Long Range Planning Division Revised for City Council – January 20, 2022 Community Development Board – December 21, 2021 TA2021-11004 – Page 9 establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. Sec. 1-103.E.3. It is the further purpose of this Development Code to protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. Sec. 1-103.E.9. It is the further purpose of this Development Code to establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized Sec. 1-103.E.12. It is the further purpose of this Development Code to coordinate the provisions of this Development Code with corollary provisions relating to parking, fences and walls, signs, and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use of land and water within the city. Although the statutes limit what the city can regulate, the proposed home-based business regulations seek to guide reasonable growth, preserve neighborhoods, and establish standards that minimize the conflicts that could arise between the uses of the land and buildings (residential dwellings and home-based businesses). Similarly, the CDB acts as the LPA of the city and has the assigned duties of reviewing and deciding certain applications (Level Two approvals) and making recommendations on other applications (Level Three Approvals) which meet the standards of the Code and further the general purposes overall. The proposed amendments to Section 3-920 pertaining to affordable housing and related incentives further these purposes of the code by providing reasonable standards and making clear what is required. As such, proposed Ordinance 9514-22 furthers the purposes in the CDC. Planning & Development Department Development Code Text Amendment Long Range Planning Division Revised for City Council – January 20, 2022 Community Development Board – December 21, 2021 TA2021-11004 – Page 10 SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9514-22 that amends the Community Development Code. Prepared by Planning and Development Department Staff: ___________________________ Lauren Matzke, AICP Planning and Development Assistant Director ATTACHMENTS: Ordinance No. 9514-22 Resume Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10095 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Declare Laboratory and Maintenance Equipment surplus and authorize the sale of the equipment listed in the Exhibit through either a notice inviting bids or public auction to the highest bidder, pursuant to Clearwater Code of Ordinances Section 2.623, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Public Utilities Department recently underwent a restructure of the laboratory which resulted in several pieces of equipment that will no longer be used and have no purpose for continued ownership by the Department. Although the laboratory remains a division in the department, several of its testing functions are now performed by consultants. In addition, the maintenance division has several pieces of equipment that are no longer being used. APPROPRIATION CODE AND AMOUNT: 421-364412 Surplus Machinery & Equipment Page 1 City of Clearwater Printed on 1/12/2022 PUBLIC UTILITIES LABORATORY MAINTENANCE SURPLUS MACHINERY EQUIPMENT ASSET DESCRIPTION SERIAL/PARCEL ACQUISITION COST BOOK VALUE ACQUISITION DATE 24546 OPTIMA 2000 DV WITH CYCLONIC CONC 3036 76,337.29 N/A 2/2/2001 26964 AA SPECTROMETER W/ DELL GX260 &600S2110204 50,635.00 N/A 12/23/2003 27744 PALM PILOT SAMPLE MASTER RUGGED S99A714324 1,450.00 1,450.00 3/28/2006 27745 BARCODE STARTER PACKAGE Y-39-07020 & 07024 2,995.00 2,995.00 3/29/2006 27899 PHOENIX 8000 TOC ANALYZER US06081004 24,936.16 N/A 4/28/2006 27938 PERKINELMER AUTOSAMPLER AS 93 PLUS 932S6042101 7,286.00 N/A 6/5/2006 28422 B+L QUAATRO ANALYZER 4 CHANNEL 9539751 49,997.00 N/A 5/13/2007 28816 BD50 BLOCK DIGESTION SYSTEM 4807A13036 6,096.00 N/A 4/14/2008 29085 Seal Analytical XY-2 Sampler 4809A13059 8,218.00 N/A 11/12/2008 31819 Dell Vostro 2520 Laptop 635N9V1 1,200.00 1,200.00 9/30/2012 31830 Horizon Extractor System 12-1143 32,363.00 3,506.01 9/30/2012 32115 MASS SPECTROMETER US12382A20 91,772.80 11,471.62 11/6/2012 32439 ICP-MS SYSTEM FOR THE LAB 81XN4021202 138,199.00 N/A 12/4/2013 32686 HOT BLOCK METAL DIGESTION- SPB50-48 MSPX0513071102 3,296.60 3,296.60 7/29/2014 32991 XCELVAP SYSTEM 15-5109 8,500.00 2,975.05 2/20/2015 33422 DIONEX ICS 2100 CHROMATOGRAP 15111553 67,252.52 29,142.72 12/21/2015 33471 LAB-FLOW ANALYZER SYSTEM 8020082 51,385.00 20,982.18 9/30/2015 33502 MS UPS INSTRUMENT BJ012KXX10AND9 237,090.22 96,811.86 9/30/2015 33552 GAS CHROMATOGRAPH/MASS CN16063073 72,376.00 32,569.25 2/14/2016 33637 ATOMX 115V AUTOMATED SAMPLE US16097012 32,896.10 15,351.56 4/20/2016 34076 Lenova M800 64 bit controlle MJ04VTWR 3,961.00 3,961.00 3/28/2017 34077 Lenova M800 64 bit controlle MJ04VTWR 4,585.00 4,585.00 3/28/2017 5031352 2K SOFTWARE UPGRADE FOR ATOMIC N/A 4,180.00 4,180.00 1/13/2000 35288 BLOCK DIGESTER 494581 5,492.67 3,020.98 5/22/2019 29142 Seal Analytical XY-2 Sampler 4809A13059 N/A N/A N/A 16704 PC Thelco Lab oven model 130DM 9310-205 N/A N/A N/A N/A Seal Analytical XY-2 Sampler 5408A34872 N/A N/A N/A N/A Fisher Scientific Mercury Water Bath 300155655 N/A N/A N/A N/A Hach COD Reactor Digestion Block 30600024609 N/A N/A N/A 13088 Lathe Precision HS Engine 910085 24,057.00 N/A 9/4/1987 28737 Vectrax Knee Style Milling Machine 966207 14,485.00 N/A 1/22/2008 10574 Industrial Bake Oven 83182 4,383.19 N/A 3/9/1984 11569 Scotchman Punch Press 1613U1084 5,995.00 N/A 6/28/1985 10226 Crane Gantry Mod. 72-772/60M GC312 1,407.90 N/A 4/19/1983 1,032,828.45$ 237,498.83$ N/A - Not Available Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10104 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Appoint Robyn Fiel to the Neighborhood and Affordable Housing Advisory Board as a citizen who is actively engaged in the banking/mortgage industry in connection with affordable housing with term to expire January 31, 2026. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB) TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: N/A (See Special Qualifications) MEMBERS: 7 CHAIRPERSON: Camille Hebting MEETING DATE: 2nd Tues. most months PLACE: Main Library/Council Chambers STAFF LIAISON: Chuck Lane APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate Professional in Connection with Affordable Housing; Clearwater Resident; Residential Home Building Industry; Advocate for Low Income Housing; Not-For-Profit Provider of Affordable Housing; Banking/Mortgage Industry; Employer’s Representative. THE FOLLOWING ADVISORY BOARD MEMBER HAD A TERM WHICH EXPIRED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Linda Kemp - 4225 38th Ave. S., Unit 63-G, St. Petersburg, FL 33711 - Mortgage/Banking Original Appointment: 5/7/09 (was serving 3rd term until 11/30/21) (Citizen who is actively engaged in the banking/mortgage industry in connection with affordable housing) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE Page 1 City of Clearwater Printed on 1/12/2022 File Number: ID#21-10104 VACANCY: 1.Robyn Fiel - 265 126th Ave., Treasure Island, FL 33706 - Mortgage Loan Originator (Citizen who is actively engaged in the banking/mortgage industry in connection with affordable housing) Zip codes of current members: 1 - 33703 1 - 33755 2 - 33756 1 - 33774 1 - 34222 Current Special Qualifications: 1 citizen actively engaged in the residential home building industry in connection with affordable housing 1 citizen who resides within the City of Clearwater 1 citizen actively engaged as a real estate professional in connection with affordable housing 1 citizen actively engaged as an advocate for low-income persons in connection with affordable housing 1 citizen actively engaged as a not-for-profit provider of affordable housing 1 citizen who represents employers within the City of Clearwater Page 2 City of Clearwater Printed on 1/12/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10108 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 12.2 SUBJECT/RECOMMENDATION: Reappoint Donna M. Dennis to the Library Board with term to expire January 31, 2026. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Library Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Library Director RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Donna Dennis MEETING DATES: Quarterly PLACE: Main Library APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM: 1. Donna M. Dennis - 223 Island Way #4B, 33767 - Retired Teacher Original Appointment: 1/18/18 (0 absences in the past year) (was serving 1st term until 1/31/22) Interested in Reappointment: Yes (Currently there are no other applications on file) Zip codes of current members on board: 2 at 33755 1 at 33756 1 at 33759 Page 1 City of Clearwater Printed on 1/12/2022 File Number: ID#21-10108 1 at 33763 1 at 33765 1 at 33767 Page 2 City of Clearwater Printed on 1/12/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10082 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 13.1 SUBJECT/RECOMMENDATION: Request for authority to settle the case of Phillips v. City of Clearwater, Case No. 20-006001-CI for $95,000.00. (consent) SUMMARY: On or about February 27, 2020, the decedent's girlfriend called the Clearwater Police Department and requested that they conduct a welfare check on the decedent. Clearwater police officers responded to the call and entered the decedent’s apartment finding the decedent in bed and breathing, although he did not respond to the officers’ calls. The officers left the apartment without getting a response from the decedent. The decedent's daughter requested another welfare check the following morning after having no contact with him. Upon arrival, Clearwater police officers found the decedent in the same position in bed, but he was deceased. Authority is being sought to settle this case for $95,000.00, in exchange for which the City will receive a full release and the pending civil action will be dismissed with prejudice. APPROPRIATION CODE AND AMOUNT: 59007590-545900 Page 1 City of Clearwater Printed on 1/12/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10061 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.1 SUBJECT/RECOMMENDATION: January 2022 Service Awards SUMMARY: 5 Years of Service: Cassidy Bonovitch Library Erin Hollingsworth Library Paul Alford Library Danny Fiber Police Steven Evangelis Library Marcus Weaver Engineering/Stormwater Charles Lewis Engineering/Stormwater 10 Years of Service: James Halios Parks and Recreation Jennifer Haynes Marine & Aviation 15 Years of Service: Ryan McMullen Police Nicholas Giordano Police Elmer Foster Parks and Recreation Eliad Glenn Police Rhobby Jenkins Police James Stewart Police Brian Tejera Police William Tsanakaliotis Public Utilities Blake Maxfield Parks and Recreation Scott Breeding Public Utilities 20 Years of Service: Steve Ussery Parks and Recreation Suzanne Hollin Police Ioannis Kourmoulakis General Services Page 1 City of Clearwater Printed on 1/12/2022 File Number: ID#21-10061 25 Years of Service: Michael Walek Police Daniel Harrison Marine & Aviation 30 Years of Service: Richard Clendenin Gas Page 2 City of Clearwater Printed on 1/12/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0021 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.2 SUBJECT/RECOMMENDATION: National Mentoring Month Proclamation - presented to Dr. Valerie Brimm, Debbie Buschman, and Lisa Leonarduzzi with Office of Strategic Partnership at Pinellas County Schools. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/12/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10047 Agenda Date: 1/18/2022 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Parks & Recreation Agenda Number: 19.3 SUBJECT/RECOMMENDATION: 2021 Citywide Big Cleanup Presentation - Samantha (Sam) Moullet, Recreation Specialist SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/12/2022