08/07/2008
City Council Agenda
Location: Council Chambers - City Hall
Date: 8/7/2008- 6 :00 PM
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your
name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless
otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a
spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the
audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being
presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of
dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more
than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly
supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours
prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are
available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Presentations
4.1 2008 Legislative Session Report - Senator Mike Fasano
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4.2 Alternative Transportation - Sandi Moody, Executive Director, Bay Area Commuter Services
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4.3 Presentation of Check to Pinellas Hope
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4.4 Diversity Poster Contest Prize
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4.5 Supervisor of Elections Presentation: Election Update
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5. Approval of Minutes
5.1 Approve the minutes of the July 17, 2008 City Council Meeting as submtited in written summation by the
City Clerk.
~ Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7. Second Readings - Public Hearing
7.1 Adopt Ordinance No. 7958-08 on second reading, annexing certain real property whose post office
address is 3147 Downing Street into the corporate limits of the city and redefining the boundary lines of
the city to include said addition.
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7.2 Adopt Ordinance No. 7959-08 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 3147 Downing Street, upon annexation into the City of Clearwater, as Residential Urban (RU).
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7.3 Adopt Ordinance No. 7960-08 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 3147 Downing Street, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
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7.4 Adopt Ordinance No. 7961-08 on second reading, annexing certain real property whose post office
address is 1460 Dexter Drive, together with the right-of-way abutting Lots 5, 6, and 7 of Douglas Manor
Lake Subdivision, into the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
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7.5 Adopt Ordinance No. 7962-08 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1460 Dexter Drive, together with the right-of-way abutting Lots 5, 6, and 7 of Douglas Manor
Lake Subdivision, upon annexation into the City of Clearwater, as Residential Low (RL).
@ Attachments
7.6 Adopt Ordinance No. 7963-08 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 1460 Dexter Drive, together with the right-of-way
abutting Lots 5, 6, and 7 of Douglas Manor Lake Subdivision, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
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7.7 Adopt Ordinance No. 7968-08 on second reading, annexing certain real property whose post office
address is 1762 West Manor Avenue into the corporate limits of the city and redefining the boundary lines
of the city to include said addition.
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7.8 Adopt Ordinance No. 7969-08 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1762 West Manor Avenue, upon annexation into the City of Clearwater, as Residential Low
(RL).
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7.9 Adopt Ordinance No. 7970-08 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 1762 West Manor Avenue, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
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7.10 Adopt Ordinance No. 7975-08 on second reading, amending the Zoning Atlas of the city by rezoning
certain property whose post office address is 1241, 1261 and 1281 Gulf Boulevard, from Business (B) to
Commercial (C).
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7.11 Adopt Ordinance No. 7979-08 on second reading, amending the operating budget for the fiscal year
ending September 30, 2008 to reflect increases and decreases in revenues and expenditures for the general
fund, special development fund, special program fund, water and sewer fund, stormwater utility fund, gas
fund, solid waste fund, recycling fund, airpark fund, parking fund, and central insurance fund.
@ Attachments
7.12 Adopt Ordinance No. 7980-08 on second reading, amending the capital improvement budget for the fiscal
year ending September 30,2008, to reflect a net increase of $3,914,347.
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7.13 Adopt Ordinance No. 7981-08 on second reading, relating to the neighborhood and affordable housing
advisory board; amending code of ordinances, Article 2, Division 9A, Sections 2.226 through 2.229;
increasing the number of board members from seven to eleven and providing for qualifications of said
members; providing for powers and duties of the board; providing procedures for the board's adoption of
final housing incentive strategies recommendations; updating obsolete language; amending code of
ordinances Section 2.063 to provide an exception from the city residency requirement for certain members
of the neighborhood and affordable housing advisory board.
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7.14 Adopt Ordinance No. 7982-08 on second reading, amending Chapter 2, Article III, Division 2, Code of
Ordinances relating to the Airpark Advisory Board; amending Section 2.082 relating to composition of
the board; amending Section 2.083, terms of members; amending Section 2.084, powers and duties; and
deleting Section 2.085.
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7.15 Adopt Ordinance No. 7991-08 on second reading, submitting to the city electors proposed amendments to
the City Charter amending Section 8.05, Elections; amending Section 8.05(D), deleting current language
and providing that the Pinellas County Canvassing Board shall serve as the City of Clearwater's
Canvassing Board unless otherwise provided by ordinance.
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7.16 Adopt Ordinance No. 7992-08 on second reading, amending Section 28.041, Code of Ordinances, to
create an exemption to the prohibition against street solicitations in specified conditions.
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7.17 Continue Public Hearing and 2nd Reading of Ordinances for Land Use and Zoning Amendments for 1551
Gulf Blvd. to October 2, 2008. (LUZ2008-05002)
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7.18 Continue Public Hearing and 2nd Reading of Ordinance for Rezoning of 1180 and 1200 Gulf Blvd. to
October 2,2008. (REZ2008-05003)
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7.19 Continue Public Hearing and 2nd Reading of Ordinance for Rezoning of 1520, 1540, and 1560 Gulf Blvd.
to October 2,2008. (REZ2008-05004)
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7.20 Continue Public Hearing and 2nd Reading of Ordinance for Rezoning of 1501 Gulf Blvd. to October 2,
2008. (REZ2008-05005)
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City Manager Reports
8. Consent Agenda
8.1 Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through
sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate
officials to execute same. (consent)
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8.2 Approve the agreements with Tower Optical for coin-operated viewers at Pier 60 and the Marina and
authorize the appropriate officials to execute same. (consent)
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8.3 No Item
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8.4 Approve renewing a contract with the Pinellas County Sheriff's Office, Largo, Florida, for latent
fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment
Center services, during the one year contract period commencing October 1,2008, through September 30,
2009, at a cost of $647,362.00 and authorize the appropriate officials to execute same. (consent)
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8.5 Approve submission of a FY 2008 Department of Justice, Bureau of Justice Assistance (DOJ/BJA)
Edward Byrne Memorial Justice Assistance grant application in the amount of $30,414 to fund the
purchase of Tactical Weapons Illuminators and Holsters. (consent)
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8.6 Approve acceptance of a FY 2008 Department of Justice, Bureau of Justice Assistance (DOJ/BJA) grant
in the amount of $99,730 for a one-year period to fund the Clearwater Area Task Force on Human
Trafficking Immersion Training Project. (consent)
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8.7 Approve a Contract (Blanket Purchase Order) for $250,000 to Wingfoot Commercial Tire of Clearwater,
FL for the purchase of Goodyear tires for City Motorized equipment per piggyback of Florida State
Contract #863-000-06-1 and authorize the appropriate officials to execute same. (consent)
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8.8 Approve the amendment of the Capital Improvement Program (CIP) to restructure current Water and
Sewer Utility funding by increasing project budgets by $4,016,791.00 of planned FY09 revenue bond
proceeds and decreasing project budgets by $4,016,791.00 of operating revenues for a net change of zero.
(consent)
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8.9 Renew a contract (Purchase Order) to Allied Universal Corporation of Miami, FL from September 1,
2008 through June 30, 2009 for a total value of $142,450 for Liquid Sodium Hypochlorite; approve a 91
day extension and an increase to an existing purchase order to Odyssey Manufacturing Co, Tampa,
Florida, increasing the value by $65,683.00 for a total amount of $165,043.00 and authorize the
appropriate officials to execute same. (consent)
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8.10 Set IAFF Impasse Hearing for September 18,2008 at 9:00 a.m. (consent)
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9. Other items on City Manager Reports
9.1 Approve amendments to Code Section 2.527, Settlement of Claims, and pass Ordinance 7964-08 on first
reading.
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9.2 Approve amendments to the City's self-insurance program ordinance as codified in Section 2.641-2.647
and pass Ordinance 7965-08 on first reading.
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9.3 Authorize the Negotiated Sale of not to exceed $12,900,000 City of Clearwater Improvement Revenue
Bonds, Series 2008 to Branch Banking and Trust Company (BB&T) to finance a portion of the project
costs incurred to construct the Downtown Boat Slips and Beach Walk and adopt Resolution 08-17.
~ Attachments
9.4 Adopt revised formulas for the purpose of computing fees for non-residents to participate at City
recreation facilities and in City recreation programs and activities; eliminate some of the options in lieu of
non-resident card purchase; approve the City Manager or his or her designee to change the surcharge
factor; and pass Ordinance 7983-08 on first reading.
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9.5 Authorize the Chief of Police to execute a Multi-Agency Voluntary Cooperation Mutual Aid Agreement
with the Office of the Attorney General Child Predator Cyber Crime Unit, adopt Resolution 08-16, and
authorize the appropriate officials to execute same.
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9.6 Approve the State of Florida Department of Transportation contract renewal for sweeping state roadways
as outlined in the Maintenance Agreement, FIN project 42193917201 and adopt Resolution 08-13.
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9.7 Award a contract to Dolphin Communications Services, Inc., St. Petersburg, FL in the amount of
$312,798, for the installation of conduit and fiber optic cable in support of emergency operations
preparedness at various City facilities and authorize the appropriate officials to execute same. (consent)
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9.8 Appoint a youth member to the Sister Cities Advisory Board with the term expiring on August 31,2012.
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Miscellaneous Reports and Items
10. City Manager Verbal Reports
10.1 City Manager Verbal Reports
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11. Council Discussion Items
11.1 Spiritual Change Request for Funding
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11.2 Dogs on the Beach - Councilmember Doran
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11.3 Royalty Theater Appraisal - Councilmember Gibson
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11.4 Beach Parking Garage Options - Councilmember Gibson
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12. Other Council Action
12.1 Other Council Action
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13. Adjourn
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
2008 Legislative Session Report - Senator Mike Fasano
SUMMARY:
Meeting Date: 8/7 /2008
Review Approval: 1) Clerk
Cover Memo
Item # 1
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Alternative Transportation - Sandi Moody, Executive Director, Bay Area Commuter Services
SUMMARY:
Meeting Date: 8/7 /2008
Review Approval: 1) Clerk
Cover Memo
Item # 2
SUBJECT / RECOMMENDATION:
Presentation of Check to Pinellas Hope
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date: 8/7 /2008
Review Approval: 1) Clerk
Cover Memo
Item # 3
SUBJECT / RECOMMENDATION:
Diversity Poster Contest Prize
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date: 8/7 /2008
Review Approval: 1) Clerk
Cover Memo
Item # 4
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Supervisor of Elections Presentation: Election Update
SUMMARY:
Meeting Date: 8/7 /2008
Review Approval: 1) Clerk
Cover Memo
Item # 5
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the minutes of the July 17, 2008 City Council Meeting as submtited in written summation by the City Clerk.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 6
Attachment number 1
Page 1 of 24
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
July 17, 2008
Present:
nk Hibbard
eN. Cretekos
ran
ersen
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
g to order at 6:00 p.m. at City Hall. The invocation was
ero of N Destiny Worship Center. The Mayor led the
4.
4.1
One service award was presente
4.2 Proclamation: National Marina
5. Approval of Minutes
5.1 A rove the minutes of the June
summation bv the City Clerk.
re in agenda order although not
Councilmember Petersen moved to approv
Council Meeting as submitted in written summation b
seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda
John Wiser gave kudos to street dept re cleaning up debris quickly:'
discussion re why restrooms not built at Forest Run park.
Eva Kunowska complained regarding loss of parking spaces at he
Matt Chambers, Marshall Reshon, and Jonathan Wade, of Spiritual Change, requested
funding for grant writer and operational expenses.
Council 2008-07-17
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Attachment number 1
Page 2 of 24
In response to public comments, it was remarked that most back-out parking was
eliminated along Coronado due to safety concerns.
Public Hearings - Not before 6:00 PM
7.
and Urban Development (HUD) requires communities
E) funding to prepare a comprehensive five (5) year
valuates the needs of the community and sets forth
e new Consolidated Plan is mainly our continuation of our
ere not many changes to our existing strategies, goals and
equired to create and implement an annual statement
of feder oney for housing, community and economic
n, referr a Consolidated Action Plan, provides HUD with
ity and e pment budget and proposed expenditures
based on t ent funds a income that the City will receive in the
upcoming fiscal year.
Funds are to be u
addition, the funds will
extremely low to mod
and sustain existing ones. In
dable housing to assist
Plan allocates federal and
rate income households
renovation of public
In fiscal year 2008-2009, the
$926,211 through the Community De
HOME Investment Partnership Progra
State Housing Initiatives Partnership (SHI
SHIP Programs are limited to housing relate
housing demolition) and administration. Funds pro
used for housing, community and economic develo
acquisition, relocation, demolition, and administration. Additiona
budget will come from estimated program income funds (loan
recaptured funds, etc).
A Technical Review Committee (TRC) comprised of professionals in
and grants community and one member of the City's Neighborhood and A
Advisory Board (NAHAB) reviewed the applications, scored them and se
maximize the number of applicants that will receive a portion of allocated
were given an opportunity to speak to the TRC and NAHAB regarding thel
of the bus tour and presentations in April 2008. City staff reviewed each ap
met HUD's baseline requirements.
I service
Housing
strategy to
Applicants
ms on the day
tion to ensure it
Council 2008-07-17
:Item # 6
Attachment number 1
Page 3 of 24
Each year, the City may allocate up to 15% of its CDBG allocation for Public Services
organizations. Additional funds may be allocated based upon the amount of program income
received. The City may also provide funds for operating expenses to subrecipients who qualify
as a Community Based Development Organization.
The City'
$399,000. Th
applicants t
receive 5
funds
allo
ivision received requests for Public Services funding in excess of
dorsed a sliding scale funding system for Public Services
scorers to receive 60% of their request; the second two
thers receive 40% of their request until all of the allowable
1I0cation per agency's request is $30,000. This method
Iicants to receive some funding.
iving an allocation or participating in the City's Housing
greements prepared and executed by October 1, 2008.
sing Manager Michael Holmes said Spiritual Change
. The process to request funds starts in February.
prove the City of Clearwater's Fiscal Year 2008-
he goals and objectives set forth in the Plan, as
o agreements with organizations contained
was duly seconded and carried
This voluntary annexation peti
of land occupied by a single-family d
approximately 725 feet east of McMul
annexation in order to receive sanitary
property is an enclave and is contiguous t
and west. This petition will eliminate this enc
a Future Land Use Plan designation of Residential
Medium Density Residential (LMDR).
The Planning Department determined that the propos
the provisions of Community Development Code Section 4-
The closest sanitary sewer line is located in the Downing Street right- nd the
applicant is aware of the requirement to pay the City's sewer impact and a nt fee and is
aware of the additional costs to extend City sewer service to the property ction of solid
waste will be provided by the City of Clearwater. The property is located Police District III
and service will be administered through Police Headquarters located at 2 rth McMullen-
Booth Road. Fire and emergency medical services will be provided to this p erty by Station
49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not
Council 2008-07-17
3tem # 6
Attachment number 1
Page 4 of 24
have an adverse effect on public facilities and their levels of service. The proposed annexation
is consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area shall be
promoted through tion of the Clearwater Community Development Code.
The pr
Countywide
uses at a
prope
allo
r
re Land Use Plan category is consistent with the current
his property. This designation primarily permits residential
reo The proposed zoning district to be assigned to the
e of the subject property is consistent with the uses
exceeds the District's minimum dimensional
n is therefore consistent with the Countywide Plan,
nity Development Code.
xation is contiguous to existing City boundaries to the
the annexation is consistent with Florida Statutes Chapter
Des
Densit
Addition,
carried unanimously.
rove the Annexation, Initial Land Use Plan
ial Zoning Atlas Designation of Low Medium
'ng Street (Lot 1, Downing Subdivision First
ast). The motion was duly seconded and
Ordinance 7958-0
Councilmember Peters
motion was duly seco
s amended and read by title only.
first reading as amended. The
"Ayes": Doran, Petersen,
"Nays": None.
Ordinance 7959-08 was prese
Councilmember Doran moved to pass
motion was duly seconded and upon roll c
"Ayes": Doran, Petersen, Cretekos,
"Nays": None.
Ordinance 7960-08 was presented for first reading
Councilmember Cretekos moved to pass Ordinance 7960-08
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.3 Approve the Annexation, Initial Land Use Plan Desiqnation of Residential Low (RL) and
Initial Zoninq Atlas Desiqnation of Low Medium Density Residential (LMDR) District for 1460
Dexter Drive (Lot 5, Block "B" Douqlas Manor Lake Subdivision, Section 23, Township 29
Council 2008-07-17
4tem # 6
Attachment number 1
Page 5 of 24
South, Ranqe 15 East); and Pass Ordinances 7961-08, 7962-08 and 7963-08 on first readinq.
(ANX2008-03009)
This voluntary annexation petition involves a 0.23-acre property consisting of one parcel
of land occupied by: Ie-family dwelling. It is located on the west side of Dexter Drive
approximately 20 h of Nursery Road. The applicant is requesting this annexation in
order to receiv r and solid waste service from the City. The Planning Department
is requestin f abutting Dexter Drive right-of-way not currently within the City
limits als y is contiguous to existing City boundaries to the north,
south e property be assigned a Future Land Use Plan
des' d a zoning category of Low Medium Density Residential
(
ined that the proposed annexation is consistent with
ent Code Section 4-604.E:
The proposed a
Clearwater Comprehe
n is consistent wit
Ian:
s the following objective of the
Objective 2.4: Compact urban de
promoted through application of the CI
rvice area shall be
nt Code;
The proposed RL Future Lan
Countywide Plan designation of this p
at a density of 5 units per acre. The pr
the LMDR District. The use of the subject
District and the property exceeds the District's
proposed annexation is therefore consistent with t
Plan and Community Development Code.
The property proposed for annexation is contiguous to
north, south and west; therefore the annexation is consiste
171.044.
Councilmember Gibson moved to approve the Annexation, Initial L
Designation of Residential Low (RL) and Initial Zoning Atlas Designation
Density Residential (LMDR) District for 1460 Dexter Drive (Lot 5, Block"
Subdivision, Section 23, Township 29 South, Range 15 East). The motio
and carried unanimously.
Council 2008-07-17
!Item # 6
Attachment number 1
Page 6 of 24
Ordinance 7961-08 was presented for first reading as amended and read by title only.
Councilmember Petersen moved to pass Ordinance 7961-08 on first reading as amended. The
motion was duly seconded and upon roll call, the vote was:
ran, Petersen, Cretekos, Gibson, and Hibbard.
sented for first reading as amended and read by title only.
Ordinance 7962-08 on first reading as amended. The
II call, the vote was:
Cretekos, Gibson, and Hibbard.
nted for first reading as amended and read by title only.
pass Ordinance 7963-08 on first reading as amended. The
pon roll the vote was:
This voluntary annexation petit'
of land occupied by a single-family d
Avenue and east of Belcher Road, ap
applicant is requesting this annexation
service from the City. The property is a
to the north, south, east and west. This p
the property be assigned a Future Land Use
zoning category of Low Medium Density Residenti
The Planning Department determined that the roposed
the provisions of Community Development Code Section 4-60
The closest sanitary sewer line is located in the West or Avenue ri and
the applicant has paid the City's required sewer impact and assessment fee. on of solid
waste will be provided by the City of Clearwater. The property is located ice District III
and service will be administered through Police Headquarters located at orth McMullen-
Booth Road. Fire and emergency medical services will be provided to th erty by Station
48 located at 1700 N. Belcher Road. The City has adequate capacity to s 's property with
sanitary sewer, solid waste, police, fire and EMS service. The property is se Cl by County
water. The proposed annexation will not have an adverse effect on public facilities and their
levels of service.
Council 2008-07-17
6tem # 6
Attachment number 1
Page 7 of 24
The proposed annexation is consistent with and promotes the following objective of the
Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area shall be
promoted through tion of the Clearwater Community Development Code;
The pr
Countywide
uses at a
the pr
allo
r
re Land Use Plan category is consistent with the current
his property. This designation primarily permits residential
its per acre. The proposed zoning district to be assigned to
use of the subject property is consistent with the uses
exceeds the District's minimum dimensional
n is therefore consistent with the Countywide Plan,
nity Development Code; and
xation is contiguous to existing City boundaries to the
the annexation is consistent with Florida Statutes Chapter
rove the Annexation, Initial Land Use Plan
Zoning Atlas Designation of Low Medium
anor Avenue (Lot 19, Clearwater Manor).
sly.
"Nays": None.
Ordinance 7969-08 was pres
Councilmember Doran moved to pass
motion was duly seconded and upon ro
"Nays": None.
Ordinance 7970-08 was presented for first reading as
Councilmember Cretekos moved to pass Ordinance 7970-
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.5 A rove a Develo ment A reement between S inecare Pro erties the ro ert
owner) and the City of Clearwater, Florida for property located at 3280/3290 McMullen-Booth
Road (consistinq of two parcels of land includinq Lot 1 Geiqer Tract and the east 308.25 feet of
the North % of the Northwest % of Section 21, Township 28 South, Ranqe 16 East less the
Council 2008-07-17
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Attachment number 1
Page 8 of 24
south 208.75 feet and less the west 84 feet and less the east 100 feet thereof for road riqht-of-
way and Adopt Resolution 08-06 (DVA2005-00001A)
The subject site is comprised of two parcels of land totaling 4.51 acres in area. The site
is located on the w e of McMullen-Booth Road approximately 500 feet north of Mease
Drive. Approxim acre located at the northeastern corner of the property is located
within unincor County and is undeveloped. The remainder of the site is located
in the City 0 ccupied by 14 attached dwellings within several buildings.
evelopment agreement, in conjunction with a proposed
endment limits the use of the subject property within the
c and in the Low Medium Density Residential (LMDR)
rking facility. The development agreement request has
elopment agreement is summarized as follows:
evelopment on this site for 20 years.
the Community Development Board on
lopment Order dated May 27,2005. In
pproved a ti extension to September 6,2008. An
s placed on the Co nity Development Board agenda for
The City Council viewed cases ANX2005-02003 an
and at a public hearing on April 17, 2008
from the Residential Suburban (RS) (
Institutional (I) category, and zoning a
(County) and Low Density Residentia
Residential (LMDR) and Institutional (
to the State of Florida Department of C
comments or concerns with this case and
on the City Council agenda for adoption at its
The Planning Department has determined
consistent with the City's Comprehensive Plan.
Assistant Planning Director Gina Clayton said the re
approved by the CDB at their meeting on July 15, 2008. She construction'
45,000 square-feet of FAR for a medical clinic. Under the proposed zoning t
potentially a 69,000 square-foot building could be built. The project's heig
30 feet. The applicant proposes to reduce the height of the parapet from
elevator towers from 14 to eight feet whereas the Code allows the tower
feet. The agreement also requires a six-foot wall along the north side of t
foot vinyl fence on the south and west sides of the parking lot. During meetl with the
neighborhood, the Ashland Heights Civic Association had requested a wall to screen the
parking area. However, the other homeowners were satisfied with the vinyl fences. The 15
parking spaces on the north side of the building are for employees only. The agreement
Council 2008-07-17
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Attachment number 1
Page 9 of 24
requires the windows on the north and west sides of the property be translucent to provide
privacy to adjacent property owners. Lighting will be reduced or eliminated during non-peak
times and 57% of the quality trees on the site will be preserved. Ms. Clayton said at the July 15,
2008 CDB meeting, the Ashland Heights Civic Association spoke in favor of the development
agreement and five ents spoke in opposition to it.
Debor
applicant.
develop
from c
loc '
resenting the applicant, thanked staff for working with the
t concurs with staff's findings. She said changes to the
e to address neighbors' concerns. Rents collected by Equity
trust and returned to them to help them with their re-
the application, one of which requested the developer
Impact of the project.
ncludes a deed-restricted area with green space, is
sions have been made to residents regarding the parapet
the property lines, tree preservation, and the screening of
nt would k with the residents regarding the fencing.
so closely with the neighbors regarding the
project.
Councilmember Gibs d to approv Development Agreement between
Spinecare Properties, LL perty owner) and t 't of Clearwater, Florida for property
located at 3280/3290 -Booth Road (cons' arcels of land including Lot 1
Geiger Tract and the .25 feet of the North 1 est % of Section 21,
Township 28 South, Ran 16 East less the south 208.75 fee ss the west 84 feet and
less the east 100 feet thereof for road ri The motion Iy seconded and carried
unanimously.
"Ayes":
Resolution 08-06 was present
to pass and adopt Resolution 08-06 a
The motion was duly seconded and up
"Nays": None.
8. Quasi-judicial Public Hearings
This Zoning Atlas Amendment application involves one property, a ately 2.94
acres in area, located on the southeast side of Gulf Boulevard approximatel 00 feet south of
the Clearwater Pass Bridge. This property, which is known as the Shoppes on Sand Key, has a
Future Land Use Plan classification of Resort Facilities High (RFH) and has been governed by a
Council 2008-07-17
9tem # 6
Attachment number 1
Page 10 of 24
lawsuit settlement stipulation since October 17, 1986. The provisions of the stipulation expired
on October 17, 2006, therefore, the property is currently without any zoning.
At the March 20, 2008 meeting, the City Council denied a rezoning request for this
property to the Tour:' District. At that meeting, Council directed the Planning Department to
initiate a rezonin operty to the Commercial (C) District.
t determined that the proposed rezoning application is
rds specified in the Community Development Code:
tion is consistent with the Comprehensive Plan.
hich the property can be put are appropriate, the
the needs and character of the neighborhood, the
or unreasonably affect the use of other properties in the
liable to serve the property; and the zoning district
t their July 15, 2008 meeting, the CDB
for this property.
perty is consistent with the Tourist and C
rovide a zoning designation that is
an. He sai e does not know whether there are any
d of the beach on Key. There are properties zoned T
Michael Foley, representing the pr
there is a pending appeal to the Counci '
zoning. He said one of the reasons C
would increase, however C zoning w
City is hearing its own application wh
suggested the City deny or continue th
City Attorney Pam Akin said the iss
appropriate. She said the Council's decision wou
response to a question, Ms. Akin said if the court r
without zoning until Council applies zoning to it. Sh id the City;
applications and has heard evidence that T zoning is not consi
law requires the property be zoned, therefore the City is initi
properties that currently are not zoned. She said without zo
permits to the property owner. There are no guarantees that t re would be
after the court's ruling regarding the property owner's pending litigation.
Four people spoke in support of the application.
tabled until after the pending litigation is settled.
Mr. Foley said no harm would be done if the City would wait until the c
regarding the pending litigation to move forward with the application.
Council 2008-07-17
10tem # 6
Attachment number 1
Page 11 of 24
In response to a question, Ms. Akin said Council bases its decisions on substantial
competent evidence. She reported that Council member Cretekos has no voting conflict on this
item.
Councilme
Business (B) Dis
Gulf Boulevar
Township 2
Cretekos
"Nay."
ibson moved to approve a Zoning Atlas Amendment from the
Commercial (C) District for property located at 1241,1261 and 1281
ot 1, Subdivision of Radisson Bayside Hotel, in Section 20,
ast). The motion was duly seconded. Councilmembers
or Hibbard voted "Aye"; Councilmember Petersen voted
ed for first reading as amended and read by title only.
rdinance 7975-08 on first reading as amended. The
II call, the vote was:
AND
8.3 Continue Publi
Gulf Blvd. to September
of 1180 and 1200
And
And
8.5 Continue Public Hearin and 1 st Readin 0
to September 18, 2008. (REZ2008-05005)
Councilmember Doran moved to continue Public Hear'
Ordinances for Items 8.2, 8.3, 8.4, and 8.5 to September 1
seconded and carried unanimously.
9. Second Readings - Public Hearing
Council 2008-07-17
11tem # 6
Attachment number 1
Page 12 of 24
cooperation with Pinellas county emerqency manaqement toward reducinq the out-of-county
hurricane evacuation clearance time; adoptinq a level of service standard for out-of-county
hurricane evacuation clearance time for a cateqory 35 storm event: renumberinq some
ob'ectives and olicie rovidin for severabilit .
Ordinanc
Councilmemb
reading. T
was presented for second reading and read by title only.
to pass and adopt Ordinance 7917-08 on second and final
conded and upon roll call, the vote was:
n, Cretekos, Gibson, and Hibbard.
econd reading and read by title only.
t Ordinance 7920-08 on second and final
II call, the vote was:
9.3
Ordinance 7921-08 was prese
Councilmember Gibson moved to pass
reading. The motion was duly seconded
"Ayes": Doran, Petersen, Cretekos,
"Nays": None.
Ordinance 7922-08 was presented for second reading and read
Councilmember Petersen moved to pass and adopt Ordinance 7922-08
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Council 2008-07-17
Utem # 6
Attachment number 1
Page 13 of 24
9.5 Adopt Ordinance 7923-08 on second readinq, amendinq the zoninq atlas of the city by
zoninq certain real property whose post office address is 2723 S.R. 580, as office (0).
Ordinance 7
Councilmember
reading. The
8 was presented for second reading and read by title only.
ed to pass and adopt Ordinance 7923-08 on second and final
seconded and upon roll call, the vote was:
sen, Cretekos, Gibson, and Hibbard.
Ordinance 7924
Councilmember Crete
reading. The motion wa
d read by title only.
4-08 on second and final
as:
"Ayes": Doran, Peterse
"Nays": None.
Ms. Akin reported this item has been amended.
Councilmember Gibson moved to amend Exhibit A on page 4 to
density from 175 units to 150 units as follows:
A maximum of 100 hotel rooms may be allocated from the Reserve ny development
with a lot size less than 2.5 acres. Those developments with a lot size greater than or equal to
2.5 acres may use the Reserve to achieve a density of 90 hotel rooms per acre. However, in no
instance shall the density of a parcel of land exceed 150 4-7a-units per acre regardless of
Council 2008-07-17
13tem # 6
Attachment number 1
Page 14 of 24
whether it has received benefit of transfers of development rights in addition to the Reserve, or
not;
The motion was duly seconded and carried unanimously.
Ordinanc
only. Council
final readin
was presented for second reading as amended and read by title
n moved to pass and adopt Ordinance 7925-08 on second and
otion was duly seconded and upon roll call, the vote was:
n, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7942-08 was presented for
Councilmember Cretekos moved to pass and ado~
reading. The motion was duly seconded and upon
"Nays": None.
Council 2008-07-17
14tem # 6
Attachment number 1
Page 15 of 24
Ordinance 7943-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7943-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
ran, Petersen, Cretekos, Gibson, and Hibbard.
ted for second reading and read by title only.
ss and adopt Ordinance 7944-08 on second and final
ded and upon roll call, the vote was:
Ms. Akin said page 2 of the or
Councilmember Doran
entirety as follows:
F.S., 3S 3mondod. and rename the remaining sect
carried unanimously.
Ordinance 7967-08 was presented for second readin amended and
only. Councilmember Cretekos moved to pass and adopt Ordinance 7967-0
final reading as amended. The motion was duly seconded and upon roll c
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Council recessed from 8:12 to 8:22 p.m.
Council 2008-07-17
1 !Item # 6
Attachment number 1
Page 16 of 24
City Manager Reports
10. Consent Agenda - Approved as submitted.
t with Pinellas Count allowin Cit access to conduct soil
artment at 310 North M rtle Avenue. (consent)
10.7 Acce t a 10-foot wide Water
of Pinellas Count Florida over acros
Southwest % of Section 2 Townshi 29
$1.00 and the benefits to be derived therefro
10.8 A oint Denise L. Rosenber er to the Air
July 31,2012.
10.11 Approve a settlement of the case of Brenda Zeqa v. City of Clearwater, et aI., Case No.:
07-4286-CI-11.
Council 2008-07-17
16tem # 6
Attachment number 1
Page 17 of 24
10.12 Approve a settlement aqreement in the case of Wendy Cason v. City of Clearwater,
Case No. 06-6654-CI-15, in the amount of $74,999.00 and authorize officials to execute the
aqreement.
t a reement settlin the case of Christina McNeil Trace and
f Clearwater Case: 07-6034-CI-15. (consent)
approve the Consent Agenda as submitted, and the
ecute same. The motion was duly seconded and carried
Budget Director Tina resented a werPoint presentation. In accordance with
the Truth in Millage (TRI s, the City Council adopt a tentative millage rate and set
public hearing dates pri Iizing and adoptin This information must be
provided to the Prope aiser by July 30, 2008. Appraiser includes this
proposed millage rate an the public hearing dates on the TR otices mailed to taxpayers
in August. This tentative rate cannot be ' ailing to each taxpayer at
the expense of the City of Clearwater, re than 15 days before
the final public hearing.
4.9550 mills
5.1785 mills
5.2787 mills
5.4979 mills
The City Manager's recommen
than the majority millage rate of 5.1785,
set with a majority vote. The majority rate
comply with the requirements of Amendment
The rolled-back rate is the millage rate that
as was levied the prior year. If the proposed rate of 550 mills'
ordinance adopting the millage rate will reflect a 6.13% decre
5.2787 mills.
Options for establishing the millage rate and an estimated impact on
property tax proceeds are available for review. Other options for setting t
noted below:
Proposed millage rate
Majority vote
Rolled-back rate (super majority)
Rolled-back rate adjusted for growth (super majority)
Council 2008-07-17
11tem # 6
Attachment number 1
Page 18 of 24
Ms. Wilson reviewed operational and financial impacts of the proposed budget, including
a reduction of 20.2 FTES (full-time equivalents), and the impact on homesteaded properties.
She said an additional budget reduction of $2.7 million would be required to go back to the
current millage rate. The expected EMS (emergency management services) funds had already
been included in th et prior to the County's notification that they will not provide the funds
expected under t ' st Responder Agreement. Ms. Wilson said the slow economy has
affected more encies' funding opportunities.
dget process allows the public the opportunity to give their
ration for City facilities, etc. In response to a question,
'on, property values are down 11 %.
nd one in opposition of the proposed millage rate.
nts that the City continues to receive changes from the
et, that the proposed millage rate can be reduced but not
ts must be balanced across all areas of the City. It was
er into the future and should not make draconian cuts this
e City m ot be able to maintain the levels of service citizens
osed millage rate of 4.9550 mills for fiscal
et for September 4,2008 and September
otion was duly seconded and carried
Consensus wa
21, 2008.
At its March 6, 2008 meeting Coun
Proposals from licensed real estate brokerage
firm and agent to attempt to assemble land suitabl
parking garage on South Clearwater Beach.
RFP/RFO 18-08 was issued on March 24, 2008 in res
other matters, the RFP/RFO required that respondents con
tasks, provide their qualifications to undertake the requireme
proposal to accomplish same:
a. Identify optimum locations and parcels required for the proposed
b. Confirm ownership and title status of the various properties
c. Conduct discussions and negotiations with the respective owners
d. Secure Letters of Intent to Sell, including specific terms and conditio sale
e. Deliver executed Purchase and Sale Contracts to the City for Council action
f. Assist City with all pre-closing requirements of each Contract
g. Oversee vacation of all properties prior to closing.
Council 2008-07-17
16tem # 6
Attachment number 1
Page 19 of 24
h. In the event the proposed assemblage is unsuccessful, prepare a market study
detailing conditions contributing to the lack of success in assembling the lands
The RFO/RFP generated eight responses by the April 23, 2008 deadline, one of which
was not responsive vertised requirements. The seven responsive proposals were received
and reviewed by er Staff Evaluation Committee. Chase Real Estate, Inc., with Wm.
Mark Searcy nked highest by the Committee.
15, 2008 meeting, authorized staff to negotiate a contract
mplete the aforementioned engagement. The Agent was
Council at its June 19th meeting all proposed parcels,
, at the recommendation of staff and with the
ncil extended the date for presentation of proposed
th due to the need to conclude further negotiation on
der the proposal phase of the contract and is
his engagement.
Monday's Work Session, he searched for
be purchased for $5 million. He said a
uidelines, pr , location, etc. In response to a question,
rs would like to reta' density from the property.
e street from the north end
oot public access is only a
Concerns were expressed tha
Adam's Mark "fire" sale. It was felt, a
motivated to lower their property price
less than comparable properties. He sal
proposed density pool before buying prope
a right.
Four people spoke regarding the need for Co
garage.
Concern was expressed that Beach Walk was intended to stimulate ctivity and
encourage residents to come back to the beach, however, residents are ng to the
beach due to concerns regarding the lack of parking. Differences of opin re expressed
regarding building a parking garage at the marina or Pier 60, and regardi rice to pay per
acre at the beach. It was suggested that the City again review City-owned rties to support
a parking garage and save taxpayer dollars. In response to a question the ma ority were in
favor of removing the Adams Mark site from consideration. It was felt that Mr. Searcy should
continue to search for parcels not to exceed $5 million an acre. It was suggested that plans be
Council 2008-07-17
19tem # 6
Attachment number 1
Page 20 of 24
drawn up to see how a parking garage would fit on the site brought forward by Mr. Searcy today
and that his contract be extended to August 21, 2008.
Doran moved to extend Mark Searcy's contract to August 21, 2008.
to the
ode sections relating to the Airpark Advisory Board and
nd section 2.082 to require at least one neighborhood
section 2.084 to update the powers and duties of the
ndant to 2.084.
ed to amend City code Sections 2.082 through 2.084,
irpark Advisory Board. The motion was duly seconded and
first reading as amended and read by title only.
7982-08 on first reading as amended. The
was:
The State legislature in 2007 pas
post-certification manual audit of the voting
time and training of the canvassing board membe
is encouraging municipalities to allow the County
The proposed amendment will allow the City to easily
change again. Placing the question on the November 2008
have the change in place in time for the next City election.
be minimal, as the City will only be charged for its space on th
Councilmember Doran moved to approve submitting to the City el
November 4, 2008, General Election, proposed amendments to the City
Section 8.05(d), deleting current language and providing that the Pinellas
Board shall serve as the City of Clearwater's canvassing board unless othe
ordinance. The motion was duly seconded and carried unanimously.
n the
r amending
Canvassing
provided by
Council 2008-07-17
20tem # 6
Attachment number 1
Page 21 of 24
Ordinance 7991-08 was presented for first reading as amended and read by title only.
Councilmember Petersen moved to pass Ordinance 7991-08 on first reading as amended. The
motion was duly seconded and upon roll call, the vote was:
ran, Petersen, Cretekos, Gibson, and Hibbard.
solicitation ordinance
take Item 12.1 out of order. The motion was duly
licitation ordinance will allow solicitation on
tat ute that was drafted by Representative Ed
meets the ordinance's requirements as
V charitable organizations. The
prior to soli tion along with a safety plan, details of the
ccur, and proof of I' "t insurance. Solicitations are limited
anization, during only, activity cannot interfere
vement of traffic, the s age 18 or older, and signage
Representative Ed Hooper sai
saying the Council had directed Notic
drive, including himself, that is on the
Representative Hooper stated that he
article.
Discussion ensued with comments that so
was remarked that if solicitations in rights-of-way
the ordinance.
Councilmember Cretekos moved to amend the solic'
duly seconded. Councilmembers Cretekos, Doran, Gibson,
Councilmember Petersen voted "Nay." Motion carried.
Ordinance 7992-08 was presented for first reading as amended a
Councilmember Gibson moved to pass Ordinance 7992-08 on first readi
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
"Nays": Petersen.
Council 2008-07-17
21tem # 6
Attachment number 1
Page 22 of 24
Motion carried.
13.
d that the County has decided not to use its millage authority
the City to take a $125,000 reduction in funding. He said
illing to absorb the cuts for one year only. Other cities
the Assistant City Attorney has indicated there is a legal
maintain a good relationship with the County, however,
14.1
Pinellas Ho e I
The City Manager r
operations for next year.
to cover the remainin
Pinellas Hope I in its c
at Catholic Charities has requested the County fund its
unty is expected t 0 of the request and expects cities
learwater's share 0 as a one-time expense for
format, using retained e
Discussion ensued with comm
dollars are better spent on preventing
noted approximately 17% to 20% of p
residents. Economic Development &
already committed $124,000 from Hous
approximately 80 beds, for Pinellas Hope
operations.
Councilmember Petersen moved to approv
earnings as one-time expense to Catholic Charities f
seconded and carried unanimously.
A&E Network Production of Spyqlass Hotel Demolition
The City Manager reported that A&E Network is interested in worki
Hotel and the City regarding including the demolition of the Spyglass hot
in a Criss Angel: Mindfreak episode.
Public Communications Director Doug Matthews said permit applicatio s have been
filed. The Fire Department has questions regarding placement of the explosives being used.
The demolition permit appears to be in order although there are some questions regarding
Council 2008-07-17
2:1tem # 6
Attachment number 1
Page 23 of 24
insurance and liability. Adjacent property owners have some concerns that do not involve the
City. He requested direction regarding traffic on South Gulfview. He said consensus of all
parties is to close South Gulfview from Pier 60 to south of the Hyatt construction site from July
28 through July 30. All northlsouth traffic on south beach would be closed during the implosion
scheduled for 10:00 j :00 p.m. on July 30. Mr. Matthews said the Clearwater Regional
Chamber of Co indicated they have no issues with the road closure. Mr. Matthews
said Police an nt costs for the event are estimated at $15,000. A&E Network
producers f ould participate in production costs for the event as it will
receive i Film Commission is willing to make a contribution to the
projec ntribution. He said the CVB (Convention Visitor's Bureau)
also Mr. Matthews said based on data provided by the Film
C I event generated approximately 2.5 million viewers.
uld quickly break down operations after production and
site clean up is expected to be completed by August 31.
g the clean up process. In response to a question, Mr.
much of the event's production costs A&E would contribute.
e demo!' ion contractor and a number of outstanding
here is activity scheduled by adjacent property owners
producti duled. However, the City has no liability
Jacent pro to this event.
ill generate significant publicity while
s demolished. It w essed, that construction of the Hyatt
as felt the inconv d by the event will be minimal.
viewed
e Florida Bar
stallation as
Discussion ensued with comm
a great job providing services and job
amount. Concern was expressed reg
happen the following year if the organl
Ms. Akin reported that Council rule
expenditures unless the expenditure is listed
majority vote. Supporting materials also must be p.
The City Manager will clarify funds request fro
15. Other Council Action
Councilmembers reported on events in which they recently participat
upcoming events; congratulated City Attorney Pam Akin on being recogni
as a Legal Elite Government Attorney and City Clerk Cyndie Goudeau 0
President of the Florida Association of City Clerks.
Councilmember Doran wants red light camera enforcement on next a
Councilmember Cretekos thanked John and Mary Kay Wilson, et al for being at July 4th
festivities.
Council 2008-07-17
23tem # 6
Attachment number 1
Page 24 of 24
Councilmember Petersen urged all get copy of Surviving the Storm.
Councilmember Hibbard urged all to come out to Beach Walk on Saturday.
16.
Mayor
City of Clearwater
Council 2008-07-17
24tem # 6
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7958-08 on second reading, annexing certain real property whose post office address is 3147 Downing Street
into the corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 7
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7958-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF DOWNING STREET APPROXIMATELY 725
FEET EAST OF MCMULLEN BOOTH ROAD CONSISTING OF
LOT 1, DOWNING SUBDIVISION, FIRST ADDITION, WHOSE
POST OFFICE ADDRESS IS 3147 DOWNING STREET, INTO
THE CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WH EREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORI DA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 1, Downing Subdivision, First Addition, according to the map or plat thereof as
recorded in Plat Book 62, Page 37, Public Records of Pinellas County, Florida
(ANX2008-03008)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 7
Ordinance No. 7958-08
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7959-08 on second reading, amending the future land use element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 3147 Downing Street, upon annexation into the City of
Clearwater, as Residential Urban (RU).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 8
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7959-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED ON THE SOUTH SIDE OF
DOWNING STREET APPROXIMATELY 725 FEET EAST
OF MCMULLEN BOOTH ROAD CONSISTING OF LOT 1,
DOWNING SUBDIVISION, FIRST ADDITION, WHOSE
POST OFFICE ADDRESS IS 3147 DOWNING STREET,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL URBAN (RU); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Cateqory
Lot 1, Downing Subdivision, First Addition, according Residential Urban (RU)
to the map or plat thereof as recorded in Plat Book 62,
Page 37, Public Records of Pinellas County, Florida
(ANX2008-03008)
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7958-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 8
Ordinance No. 7959-08
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7960-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose
post office address is 3147 Downing Street, upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 9
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7960-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH SIDE OF DOWNING STREET
APPROXIMATELY 725 FEET EAST OF MCMULLEN
BOOTH ROAD CONSISTING OF LOT 1, DOWNING
SUBDIVISION, FIRST ADDITION, WHOSE POST OFFICE
ADDRESS IS 3147 DOWNING STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoninq District
Lot 1, Downing Subdivision, First Addition, Low Medium Density Residential
according to the map or plat thereof as recorded (LMDR)
in Plat Book 62, Page 37, Public Records of
Pinellas County, Florida (ANX2008-03008)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7958-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 9
Ordinance No. 7960-08
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7961-08 on second reading, annexing certain real property whose post office address is 1460 Dexter Drive,
together with the right-of-way abutting Lots 5, 6, and 7 of Douglas Manor Lake Subdivision, into the corporate limits of the city
and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 10
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7961-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF DEXTER DRIVE APPROXIMATELY 200 FEET
NORTH OF NURSERY ROAD, CONSISTING OF LOT 5, BLOCK
B, DOUGLAS MANOR LAKE SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1460 DEXTER DRIVE, TOGETHER WITH
THE RIGHT-OF-WAY ABUTTING LOTS 5, 6 AND 7 OF
DOUGLAS MANOR LAKE SUBDIVISION, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVI DI NG AN EFFECTIVE DATE.
WH EREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORI DA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 5, Block B, Douglas Manor Lake Subdivision, according to the map or plat
thereof as recorded in Plat Book 37, Page 99, Public Records of Pinellas County,
Florida, together with the right-of-way abutting Lots 5, 6 and 7 of Douglas Manor
Lake Subdivision. (ANX2008-03009)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 10
Ordinance No. 7961-08
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7962-08 on second reading, amending the future land use element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1460 Dexter Drive, together with the right-of-way
abutting Lots 5, 6, and 7 of Douglas Manor Lake Subdivision, upon annexation into the City of Clearwater, as Residential Low
(RL).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 11
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7962-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF DEXTER DRIVE APPROXIMATELY 200 FEET
NORTH OF NURSERY ROAD, CONSISTING OF LOT 5, BLOCK
B, DOUGLAS MANOR LAKE SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1460 DEXTER DRIVE, TOGETHER WITH
THE RIGHT-OF-WAY ABUTTING LOTS 5, 6 AND 7 OF
DOUGLAS MANOR LAKE SUBDIVISION, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW
(RL); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORI DA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 5, Block B, Douglas Manor Lake Subdivision,
according to the map or plat thereof as recorded in
Plat Book 37, Page 99, Public Records of Pinellas
County, Florida, together with the right-of-way abutting
Lots 5, 6 and 7 of Douglas Manor Lake Subdivision. (ANX2008-03009)
Land Use Cateqorv
Residential Low (RL)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7961-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 11
Ordinance No. 7962-08
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7963-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose
post office address is 1460 Dexter Drive, together with the right-of-way abutting Lots 5, 6, and 7 of Douglas Manor Lake
Subdivision, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 12
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7963-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE WEST SIDE OF DEXTER DRIVE APPROXIMATELY
200 FEET NORTH OF NURSERY ROAD, CONSISTING OF
LOT 5, BLOCK B, DOUGLAS MANOR LAKE
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1460
DEXTER DRIVE, TOGETHER WITH THE RIGHT-OF-WAY
ABUTTING LOTS 5, 6 AND 7 OF DOUGLAS MANOR LAKE
SUBDIVISION, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
Lot 5, Block B, Douglas Manor Lake Subdivision,
according to the map or plat thereof as recorded in
Plat Book 37, Page 99, Public Records of Pinellas
County, Florida, together with the right-of-way abutting
Lots 5, 6 and 7 of Douglas Manor Lake Subdivision.
(ANX2008-03009)
Zoninq District
Low Medium Density
Residential (LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7961-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 12
Ordinance No. 7963-08
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7968-08 on second reading, annexing certain real property whose post office address is 1762 West Manor
A venue into the corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 13
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7968-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED BETWEEN
WEST MANOR AVENUE AND BELCHER ROAD
APPROXIMATELY 80 FEET SOUTH OF MANOR BOULEVARD
NORTH, CONSISTING OF LOT 19, CLEARWATER MANOR,
WHOSE POST OFFICE ADDRESS IS 1762 WEST MANOR
AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WH EREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORI DA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 19, Clearwater Manor, according to the plat thereof, as recorded in Plat Book
41, Page 66, Public Records of Pinellas County, Florida
(ANX2008-05011)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 13
Ordinance No. 7968-08
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7969-08 on second reading, amending the future land use element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 17 62 West Manor A venue, upon annexation into the
City of Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 14
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7969-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED BETWEEN WEST MANOR
AVENUE AND BELCHER ROAD APPROXIMATELY 80
FEET SOUTH OF MANOR BOULEVARD NORTH,
CONSISTING OF LOT 19, CLEARWATER MANOR,
WHOSE POST OFFICE ADDRESS IS 1762 WEST MANOR
AVENUE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property
Lot 19, Clearwater Manor according to the plat
thereof, as recorded in Plat Book 41, Page 66,
Public Records of Pinellas County, Florida
(ANX2008-05011 )
Land Use Cateqory
Residential Low (RL)
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7968-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 14
Ordinance No. 7969-08
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7970-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose
post office address is 1762 West Manor Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 15
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7970-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
BETWEEN WEST MANOR AVENUE AND BELCHER
ROAD APPROXIMATELY 80 FEET SOUTH OF MANOR
BOULEVARD NORTH, CONSISTING OF LOT 19,
CLEARWATER MANOR, WHOSE POST OFFICE
ADDRESS IS 1762 WEST MANOR AVENUE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
Lot 19, Clearwater Manor according to the plat
thereof, as recorded in Plat Book 41, Page 66,
Public Records of Pinellas County, Florida
(ANX2008-05011 )
Zoninq District
Low Medium Density
Residential (LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7968-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 15
Ordinance No. 7970-08
Attachment number 1
Page 2 of 2
Item # 15
Ordinance No. 7970-08
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7975-08 on second reading, amending the Zoning Atlas of the city by rezoning certain property whose post
office address is 1241, 1261 and 1281 Gulf Boulevard, from Business (B) to Commercial (C).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 16
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7975-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED ON THE
SOUTHEAST SIDE OF GULF BOULEVARD
APPROXIMATELY 2900 FEET SOUTH OF CLEARWATER
PASS BRIDGE, CONSISTING OF LOT 1, SUBDIVISION OF
RADISSON BAYSIDE HOTEL, WHOSE POST OFFICE
ADDRESS IS 1241, 1261 AND 1281 GULF BOULEVARD,
FROM BUSINESS (B) TO COMMERCIAL (C); PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby
rezoned, and the zoning atlas of the City is amended as follows:
Property
Zoninq District
See attached legal description
From: Business (B)
(REZ2008-04002)
To: Commercial (C)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 16
Ordinance No. 7975-08
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7979-08 on second reading, amending the operating budget for the fiscal year ending September 30, 2008 to
reflect increases and decreases in revenues and expenditures for the general fund, special development fund, special program fund,
water and sewer fund, stormwater utility fund, gas fund, solid waste fund, recycling fund, airpark fund, parking fund, and central
insurance fund.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 17
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7979-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2008 TO REFLECT
INCREASES AND DECREASES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER
AND SEWER FUND, STORMWATER UTILITY FUND, GAS
FUND, SOLID WASTE FUND, RECYCLING FUND, AIRPARK
FUND, PARKING FUND, AND CENTRAL INSURANCE FUND,
AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2008, for operating
purposes, including debt service, was adopted by Ordinance No. 7866-07; and
WHEREAS, at the Mid Year Review it was found that increases and decreases are
necessary in the total amount of $979,392 for revenues and $1,714,212 for expenditures; and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1 of Ordinance No. 7866-07 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the
fiscal year beginning October 1, 2007 and ending September 30, 2008 a copy
of which is on file with the City Clerk, the City Council hereby adopts .an
amended budget for the operation of the City, a copy of which is attached
hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard, Mayor
Approved as to form:
Attest:
Pamela K. Akin, City Attorney
41
Cynthia E. Goudeau, City Clerk
Item # 17
Ordinance No. 7979-08
Attachment number 2
Page 1 of 2
EXHIBIT A
2007-08 BUDGET REVENUE
First
Quarter Mid Year
Original Amended Amended
Budget Budget Budget
2007/08 2007/08 2007/08 Amendments
General Fund:
Property Taxes 47,273,940 47,273,940 47,273,940
Franchise Fees 9,833,640 9,833,640 9,833,640
Utility Taxes 11,928,390 11,928,390 11,928,390
Licenses, Permits & Fees 4,492,580 4,492,580 4,492,580
Sales Tax 6,564,320 6,197,530 6,197,530
Communications Services Tax 7,045,750 7,045,750 7,045,750
Intergovernmental Revenues 11,809,270 12,472,210 12,472,210
Charges for Current Services 3,763,800 3,799,950 3,869,800 69,850
Fines & Forfeitures 955,000 955,000 955,000
Interest Income 1,263,950 1,263,950 1,263,950
Miscellaneous 1,053,710 1,503,710 1,803,710 300,000
Interfund Charges / Transfers In 17,193,280 17,220,388 17,220,388
Transfer from Surplus 0 623,485 499,645 (123,840)
Total, General Fund 123,177 ,630 124,610,522 124,856,532 246,010
Special Revenue Funds:
Special Development Fund 18,166,980 18,166,980 18,805,897 638,917
Special Program Fund 2,132,910 4,062,152 5,262,152 1,200,000
Local Housing Asst Trust Fund 1,195,250 1,195,250 1,195,250
Utility & other Enterprise Funds:
Water & Sewer Fund 59,930,170 59,930,170 56,730,170 (3,200,000)
Stormwater Utility Fund 14,436,690 14,499,680 14,532,988 33,308
Solid Waste Fund 18,153,900 18,153,900 18,060,600 (93,300)
Gas Fund 50,656,650 53,123,570 52,144,160 (979,410)
Recycling Fund 2,834,930 3,044,260 3,334,260 290,000
Marine (and Aviation) Fund 4,823,730 4,702,910 4,702,910
Airpark Fund 0 233,000 235,070 2,070
Parking Fund 4,102,130 4,342,130 4,447,830 105,700
Harborview Center Fund 704,360 704,360 704,360
Internal Service Funds:
Administrative Services Fund 10,200,730 10,200,730 10,200,730
General Services Fund 5,236,710 5,236,710 5,236,710
Garage Fund 13,293,770 13,293,770 13,293,770
Central Insurance Fund 21,306,060 21,690,338 24,426,435 2,736,097
Total, All Funds 350,352,600 357,190,432 358,169,824 979,392
Ordinance #7979-08
Item # 17
Attachment number 2
Page 2 of 2
EXHIBIT A (Continued)
2007-08 BUDGET EXPENDITURES
First
Quarter Mid Year
Original Amended Amended
Budget Budget Budget
2007/08 2007/08 2007/08 Amendments
General Fund:
City Council 295,920 295,920 295,920
City Manager's Office 1,268,700 1,268,700 1,178,700 (90,000)
City Attorney's Office 1,676,820 1,676,820 1,676,820
City Audit 162,870 172,870 172,870
Development & Neighborhood Svcs 4,295,940 4,395,940 4,395,940
Economic Development & Housing SVI 1,436,710 1,436,710 1,436,710
Engineering 7,028,070 7,028,070 7,028,070
Equity Services 338,200 338,200 338,200
Finance 2,265,190 2,255,190 2,255,190
Fire 21,423,410 21,423,410 21,423,410
Human Resources 1,231,480 1,231,480 1,231,480
Library 6,433,700 6,433,700 6,433,700
Marine & Aviation 1,221,490 1,221,490 1,261,490 40,000
Non-Departmental 6,394,690 7,691,432 7,791,432 100,000
Office of Management & Budget 305,160 305,160 305,160
Official Records & Legislative Svcs 1,255,700 1,255,700 1,255,700
Parks & Recreation 21,888,050 22,023,510 22,101,520 78,010
Planning 1,414,750 1,414,750 1,414,750
Police 36,970,730 36,970,730 37,088,730 118,000
Public Communications 1,098,590 1,098,590 1,098,590
Public Services 3,684,770 3,585,460 3,585,460
Allocation to Reserve 1,086,690 1,086,690 1,086,690
Total, General Fund 123,177 ,630 124,610,522 124,856,532 246,010
Special Revenue Funds:
Special Development Fund 15,933,750 16,564,500 17,203,417 638,917
Special Program Fund 1,832,910 3,762,152 5,762,152 2,000,000
Local Housing Asst Trust Fund 1,195,250 1,195,250 1,195,250
Utility & other Enterprise Funds:
Water & Sewer Fund 59,930,170 59,930,170 56,730,170 (3,200,000)
Stormwater Utility Fund 14,436,690 14,499,680 14,532,988 33,308
Solid Waste Fund 18,068,320 18,068,320 17,975,000 (93,320)
Gas Fund 45,896,470 47,777,980 46,782,550 (995,430)
Recycling Fund 2,834,930 3,017,740 3,307,440 289,700
Marine (and Aviation) Fund 4,774,180 4,522,040 4,522,040
Airpark Fund 0 232,540 235,070 2,530
Parking Fund 3,804,260 3,952,580 4,008,980 56,400
Harborview Center Fund 704,360 704,360 704,360
Internal Service Funds:
Administrative Services Fund 10,197,640 10,197,640 10,197,640
General Services Fund 5,235,590 5,235,590 5,235,590
Garage Fund 13,293,770 13,293,770 13,293,770
Central Insurance Fund 19,986,040 20,370,318 23,106,415 2,736,097
Total, All Funds 341,301,960 347,935,152 349,649,364 1,714,212
Ordinance #7979-08
2 Item # 17
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7980-08 on second reading, amending the capital improvement budget for the fiscal year ending September
30,2008, to reflect a net increase of $3,914,347.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 18
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7980-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2008, TO REFLECT A NET INCREASE OF $3,914,347
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30,2008 was adopted by Ordinance No. 7867-07; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council
to provide for the expenditure of money for proper purposes not contained in the budget
as originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 7867-07 is amended to read:
Pursuant to the Mid Year Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
2007 and ending September 30, 2008, a copy of which is on file with the
City Clerk, the City Council hereby adopts a Mid Year Amended budget
for the capital improvement fund for the City of Clearwater, a copy of
which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Item # 18
Ordinance #7980-08
Attachment number 2
Page 1 of 2
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
2007/08 2007/08 2007/08 Amendments
Police Protection 250,000 (555,302) (555,302)
Fire Protection 451,000 458,000 458,000
Major Street Maintenance 3,775,720 3,730,165 3,974,164 243,999
Sidewalks and Bike Trail 0 161,015 1,429,596 1,268,581
Intersections 435,000 385,824 385,824
Parking 300,000 267,230 267,230
Miscellaneous Engineering 35,000 73,250 73,250
Land Acquisition 0 (759) (759)
Park Development 10,155,410 11,024,722 11,285,697 260,975
Marine Facilities 160,000 11,310,000 13,896,097 2,586,097
Airpark Facilities 10,000 10,000 10,000
Libraries 706,290 706,290 373,275 (333,015)
Garage 2,840,500 2,840,500 2,840,500
Maintenance of Buildings 998,000 998,000 900,455 (97,545)
Miscellaneous 909,000 909,000 909,000
Stormwater Utility 5,511,300 6,554,854 6,588,162 33,308
Gas System 6,168,830 2,003,705 2,003,705
Solid Waste 160,000 160,000 160,000
Utilities Miscellaneous 44,000 44,000 44,000
Sewer System 12,347,280 12,871,722 12,792,522 (79,200)
Water System 10,971,460 11,714,662 11,745,809 31,147
Recycling 140,000 140,000 140,000
TOTAL 56,368,790 65,806,878 69,721,225 3,914,347
GENERAL SOURCES:
General Operating Revenue 2,072,330 3,131,859 2,958,844 (173,015)
General Revenue/County Co-op 706,290 706,290 706,290
Road Millage 2,820,720 2,820,720 2,820,720
Penny for Pine lias 3,350,000 3,950,000 3,950,000
Transportation Impact Fee 290,000 320,750 320,750
Development Impact Fee 0 0 0
Local Option Gas Tax 1,100,000 1,100,000 1,100,000
Recreation Land Impact Fee 750,000 750,000 750,000
Open Space Impact Fee 750,000 750,000 750,000
Special Development Fund 0 0 2,000,000 2,000,000
Special Program Fund 30,000 30,000 30,000
Grants - Other Agencies 4,700,000 4,672,115 6,040,696 1,368,581
Sales of Surplus Revenue 0 1,087 2,062 975
Donation Revenue 0 (67,775) (67,775)
Other Governmental Units 0 1,399,824 1,399,824
Other Contributions 0 0 49,400 Ite~9i~93
45 Ordinance # 7980-08
Attachment number 2
Page 2 of 2
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
2007/08 2007/08 2007/08 Amendments
SELF SUPPORTING FUNDS:
Marine/Aviation Revenue 50,000 50,000 50,000
Parking Revenue 303,000 303,000 303,000
Harborview Revenue 118,910 118,910 118,910
Utility System:
Water Revenue 1,978,500 1,978,500 1,978,500
Sewer Revenue 15,800 15,800 15,800
Water Impact Fees 250,000 250,000 250,000
Sewer Impact Fees 1,044,600 1,044,600 1,044,600
Utility R&R 2,706,060 2,706,060 2,706,060
Stormwater Utility Revenue 2,609,570 2,672,560 2,705,868 33,308
Gas Revenue 5,945,000 1,780,000 1,780,000
Grants - Other Agencies 0 980,564 1,029,566 49,001
INTERNAL SERVICE FUNDS:
Garage Revenue 179,000 179,000 179,000
Administrative Services Revenue 500,000 500,000 500,000
Central Insurance Revenue 0 0 2,736,097 2,736,097
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund 383,000 (420,215) (420,215)
Lease Purchase - Special Events Revenue 34,000 34,000 34,000
BORROWING - SELF SUPPORTING FUNDS:
Lease Purchase - Water 73,780 41,000 41,000
Lease Purchase - Solid Waste 160,000 160,000 160,000
Lease Purchase - Recycling 140,000 140,000 140,000
Bond Issues - Water & Sewer 17,303,000 17,303,000 17,303,000
Bond Issue - Stormwater 2,907,730 2,907,730 2,907,730
Bond Issue - Marine 0 10,400,000 8,250,000 (2,150,000)
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 2,758,500 2,758,500 2,758,500
Lease Purchase - Administrative Services 339,000 339,000 339,000
TOTAL ALL FUNDING SOURCES: 56,368,790 65,806,878 69,721,226 3,914,347
Item # 18
46
Ordinance # 7980-08
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7981-08 on second reading, relating to the neighborhood and affordable housing advisory board; amending
code of ordinances, Article 2, Division 9A, Sections 2.226 through 2.229; increasing the number of board members from seven to
eleven and providing for qualifications of said members; providing for powers and duties of the board; providing procedures for
the board's adoption of final housing incentive strategies recommendations; updating obsolete language; amending code of
ordinances Section 2.063 to provide an exception from the city residency requirement for certain members of the neighborhood
and affordable housing advisory board.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 19
Attachment number 1
Page 1 of 6
ORDINANCE NO. 7981-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE NEIGHBORHOOD AND
AFFORDABLE HOUSING ADVISORY BOARD;
AMENDING CODE OF ORDINANCES, ARTICLE 2,
DIVISION 9A, SECTIONS 2.226 THROUGH 2.229;
INCREASING THE NUMBER OF BOARD MEMBERS
FROM SEVEN TO ELEVEN AND PROVIDING FOR
QUALIFICATIONS OF SAID MEMBERS; PROVIDING FOR
POWERS AND DUTIES OF THE BOARD; PROVIDING
PROCEDURES FOR THE BOARD'S ADOPTION OF
FINAL HOUSING INCENTIVE STRATEGIES
RECOMMENDATIONS; UPDATING OBSOLETE
LANGUAGE; AMENDING CODE OF ORDINANCES
SECTION 2.063 TO PROVIDE AN EXCEPTION FROM
THE CITY RESIDENCY REQUIREMENT FOR CERTAIN
MEMBERS OF THE NEIGHBORHOOD AND
AFFORDABLE HOUSING ADVISORY BOARD; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in order to participate in the State Housing Initiatives Partnership,
the City of Clearwater must establish a local affordable housing advisory committee,
which must triennially adopt an affordable housing report and perform other duties;
and
WHEREAS, Florida Statutes Section 420.9076 was amended by the 2007
Florida Legislature to provide for additional members and their qualifications, and
making other revisions, and it is necessary to harmonize the Code of Ordinances
with the new statutory provisions; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section I. Code of Ordinances, Division 9A, Sections 2.226 through
2.229, is hereby amended to read as follows:
DIVISION 9A. NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY
BOARD
Sec. 2.226. Creation; membership.
(1) There is hereby created and established the Neighborhood and Affordable
Housing Advisory Board of the City of Clearwater.
(2) The board shall consist of seven a minimum of eleven members who are
residents of or conduct work in the city. Members shall be appointed by the Gity
commission city council. The board shall include the following:
Ordinance No. 79l:UEOO # 19
Attachment number 1
Page 2 of 6
1. One citizen who is actively engaged in the residential building industry
and/or those areas of labor engaged in residential building industry.
2. One citizen who is actively engaged in the banking or mortgage industry
3. One citizen who is designated as an advocate for low income persons.
1. One citizen who is a provider of affordable housing and/or a real estate
professional.
5. One citizen who is a resident of one of the city's neighborhood
revitalization strategy areas.
6. One citizen who is a resident of the city.
7. One citizen who is a resident of East Clearvvater.
For the purposes of this subsection, the boundaries of East Clear\IVater shall be
defined by resolution of the city commission.
1. One citizen who is actively enqaqed in the residential home buildinq
industry in connection with affordable housinq.
2. One citizen who is actively enqaqed in the bankinq or mortqaqe industry in
connection with affordable housinq.
3. One citizen who is a representative of those areas of labor enqaqed in
home buildinq in connection with affordable housinq.
4. One citizen who is actively enqaqed as an advocate for low-income
persons in connection with affordable housinq.
5. One citizen who is actively enqaqed as a for-profit provider of affordable
housinq.
6. One citizen who is actively enqaqed as a not-for-profit provider of
affordable housinq.
7. One citizen who is actively enqaqed as a real estate professional in
connection with affordable housinq.
8. One citizen who serves on the local planninq aqency pursuant to Florida
Statutes Section 163.3174.
9. One citizen who resides within the City of Clearwater.
10. One citizen who represents employers within the City of Clearwater.
11. One citizen who represents essential services personnel. as defined in
the local housinq assistance plan.
(3) Of the initial appointments, three members shall be appointed for a term of
four years; two members shall be appointed for a term of three years; two
members shall be appointed for a term of two years. Thereafter, appointments
shall be for a term of four years. A member, including a member initially
appointed for term of less than four years, may be reappointed for not more than
one additional term. If a vacancy occurs, a new appointment shall be made by
the city commission council for the unexpired term. Members shall serve without
pay.
Sec. 2.227. Officers; conduct of meetings; staff liaison.
(1) The board shall elect from its membership a chairperson, a vice-
chairperson, and such other officers as the board may find necessary. Each
2
Item # 19
Attachment number 1
Page 3 of 6
officer of the board shall serve for a term of one year. The chairperson shall not
serve consecutive terms as chairperson.
(2) The board shall adopt rules of procedure to govern the conduct of its
business. The board shall hold at least one regular meeting every three months
and may hold regular meetings more frequently as the board may agree, but not
more than one regular meeting shall be held per month. Special meetings may
be called as is necessary by the chairperson, or by any three members, upon not
less than 24 hours written notice. A quorum shall consist of the majority of the
members currently serving. In the presence of a quorum, board business shall be
conducted by a majority vote of the members present and voting. The board and
its members shall comply with the public records and public meeting laws and
other applicable laws of the State of Florida.
(3) The city manager shall designate a city employee to serve as staff liaison for
the board and to assist the board in the performance of its duties, including the
appointment of a recording secretary to meet the administrative needs of the
board. Any request by the board for information, reports, or other significant work
efforts that will reasonably be expected to exceed eight hours of staff time shall
require the advance approval of the city commission council.
Sec. 2.228. Powers and duties.
The board shall have the followinq powers and duties: Every three years the
board shall review the established policies and procedures, ordinances, land
development requlations, and adopted local qovernment comprehensive plan of
the city and shall recommend specific actions or initiatives to encouraqe or
facilitate affordable housinq while protectinq the ability of the property to
appreciate in value. The board shall subm it a report to the city that includes
recommendations on and triennially thereafter evaluates the implementation of
affordable housinq incentives in the followinq areas;
(a) The processinq of approvals of development orders or permits and
expedited permittinq for affordable housinq projects.
(b) The modification of impact fee requirements, includinq reduction or waiver
of fees and alternative methods of fee payment for affordable housinq.
(c) The allowance of flexibility in densities for affordable housinq.
(d) The reservation of infrastructure capacity for housinq for very-low income
persons, low-income persons, and moderate income persons.
(e) The allowance of affordable accessory residential units in residential
zoninq districts.
(f) The reduction of parkinq and setback requirements for affordable housinq.
(g) The allowance of flexible lot confiqurations, includinq zero-lot line
confiqurations for affordable housinq.
(h) The modification of street requirements for affordable housinq.
(i) The establishment of a process by which the city considers, before
adoption, policies, procedures, ordinances, requlations, or plan provisions
that increase the cost of housinq.
3
Item # 19
Attachment number 1
Page 4 of 6
U) The preparation of a printed inventory of locally owned public lands
suitable for affordable housinq.
(k) The support of development near transportation hubs and maior
employment centers and mixed-use developments.
The approval by the board of the city's local incentive strateqies
recommendations and its review of local qovernment implementation of
previously recommended strateqies must be made by affirmative vote of a
maiority of the membership of the board taken at a public hearinq. Notice of the
time, date, and place of the public hearinq of the board to adopt final housinq
incentive strateqies recommendations must be published in a newspaper of
qeneral paid circulation in Pinellas County. The notice must contain a short and
concise summary of the housinq incentive strateqies recommendations to be
considered by the board. The notice must state the public place where a copy of
the tentative board recommendations can be obtained by interested persons.
Within ninety days after the date of receipt of the housinq incentive strateqies
recommendations from the board, the city council shall adopt an amendment to
its local housinq assistance plan to incorporate the housinq incentive strateqies it
will implement.
In addition, the board may:
(1) Review the programs of the city which are directed to improving the physical
environment and lifestyle of low to moderate income people assisted by the
various federal aMJ. state and county housing and community development
programs the city receives, by:
(a) Assessing neighborhood needs;
(b) Formulating neighborhood goals and objectives;
(c) Establishing priorities for projects within neighborhoods;
(d) Monitoring programs; and
(e) Evaluating programs.
(2) The monitoring and evaluation of programs shall, as a minimum, include the
following activities:
(a) Attending and participating in public hearings regarding the programs;
(b) Reviewing condition data;
(c) Reporting citizen reactions to projects and programs;
(d) Reviewing reports regarding projects and program activities;
(e) Reviewing goals and objectives and recommending priorities for the order in
which activities are to be undertaken; and
(f) Reviewing applications for the funding of selected programs.
(3) Make recommendations to the city manager and city commission council
regarding such programs.
(4) Carry out the duties of an advisory committee when and to the extent that an
advisory committee may be required for the various state aM Jederal and county
housing and community development programs the city receives.
4
Item # 19
Attachment number 1
Page 5 of 6
Sec. 2.229. Removal.
(1) The city commission council shall have the authority to remove any member
of the board for misconduct or neglect of duty.
(2) The city manager shall have the authority to remove any member of the
board for excessive absence as defined in section 2.066.
Section 2. Code of Ordinances Section 2.063 is hereby amended to read as
follows:
Sec. 2.063. Qualifications and appointment of members.
(1) In addition to other qualifications which may be specified for board
membership, a person appointed to a board shall be a resident of the city at the
time of appointment and shall maintain residency within the city during the term
of the appointment as a condition of eligibility to hold office. No employee of the
city shall be appointed to membership on a board of the city. As exceptions to
the requirements of this section:
*****
(i) The persons appointed to the Neiqhborhood and Affordable Housinq Advisory
Board need not be residents of the city as lonq as they meet the qualifications set
forth in Section 2.226(2), except that the person referenced in Subsection
2.226(2)9. must be a resident of the city.
*****
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
5
Item # 19
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attachment number 1
Page 6 of 6
Attest:
Cynthia E. Goudeau
City Clerk
6
Item # 19
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7982-08 on second reading, amending Chapter 2, Article III, Division 2, Code of Ordinances relating to the
Airpark Advisory Board; amending Section 2.082 relating to composition of the board; amending Section 2.083, terms of
members; amending Section 2.084, powers and duties; and deleting Section 2.085.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 20
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7982-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 2 ARTICLE III DIVISION 2, CODE OF
ORDINANCES RELATING TO THE AIRPARK ADVISORY
BOARD; AMENDING SECTION 2.082 RELATING TO
COMPOSITION OF THE BOARD; AMENDING SECTION 2.083,
TERMS OF MEMBERS; AMENDING SECTION 2.084, POWERS
AND DUTIES; DELETING SECTION 2.085; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Chapter 2, Article III, Division 2, Code of Ordinances, is hereby
amended as follows;
DIVISION 2. AIRPARK ADVISORY BOARD*
Sec. 2.081. Creation.
There is hereby created an airpark advisory board.
Sec. 2.082. Composition definitions.
The airpark advisory board shall consist of five members, at least one of which
shall represent a neiqhborhood in the immediate vicinity and/or impacted by the
fliqht patterns and approaches. Others may be appointed in ex officio capacity in
order to obtain technical expertise unavailable locally.
Sec. 2.083. Terms of members.
Members of the airpark advisory board shall have four year staggered terms,
staggered such that not more than two terms shall expire in any calendar year.
Sec. 2.084. Powers and duties.
The airpark advisory board sAal-I may initiate studies and make
recommendations on the operation and maintenance of the airpark matters of
the city to the city commission council and shall be responsive to the city
commission council on airpark matters referred to the board by the city council.
Sec. 2.085. Advisory board of city.
This board shall act as an advisory board of the city pertaining to airpark matters.
rReservedl
Ordinance No. 1~4M20
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Attachment number 1
Page 2 of 2
2
o rd i n arnem ['#)20
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7991-08 on second reading, submitting to the city electors proposed amendments to the City Charter
amending Section 8.05, Elections; amending Section 8.05(D), deleting current language and providing that the Pinellas County
Canvassing Board shall serve as the City of Clearwater's Canvassing Board unless otherwise provided by ordinance.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 21
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7991-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
SUBMITTING TO THE CITY ELECTORS PROPOSED
AMENDMENTS TO THE CITY CHARTER AMENDING SECTION
8.05, ELECTIONS; AMENDING SECTION 8.05(D), DELETING
CURRENT LANGUAGE AND PROVIDING THAT THE PINELLAS
COUNTY CANVASSING BOARD SHALL SERVE AS THE CITY
OF CLEARWATER'S CANVASSING BOARD UNLESS
OTHERWISE PROVIDED BY ORDINANCE; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 8.05(d) of the City Charter be
amended as follows:
Section 8.05. Elections.
*****
(d) Can'l-8ssing board. The canvassing board shall have at least three members. It
shall consist of the City Council members whose names do not appear on the
ballot. In the event that there are less than three council members eligible to
serve, the Council shall appoint as many citizen members as necessary to have
three members. The canvassing board shall certify the election returns no later
than 2-1 hours after the final election results are provided to the City Clerk by
the Supervisor of Elections after any municipal election, except when such
election is held in conjunction with an election conducted by Pinellas County, in
which case certification of the returns by the county canvassing board may be
accepted as the certification of the municipal election returns.
The Pinellas County Canvassinq Board shall serve as the City of Clearwater's
canvassinq board, unless otherwise provided by ordinance.
Section 2. A referendum election is hereby called and will be held on November
4, 2008, at the general election. The question to appear on the referendum ballot
reflecting the proposed amendment to the charter at said election scheduled for
November 4,2008, shall be as follows:
CANVASSING BOARD
Shall section 8.05 of the City Charter be amended as provided in
Ordinance 7991-08 to provide that the Pinellas County Canvassing Board
Ordinance No.l~#rt21
Attachment number 1
Page 2 of 2
shall serve as the City of Clearwater's canvassing board, unless otherwise
provided by ordinance?
YES
NO
Section 3. The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum item provided above shall be considered at the
election to be held on November 4,2008.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on this issue and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AMENDED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No.l~#rt21
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7992-08 on second reading, amending Section 28.041, Code of Ordinances, to create an exemption to the
prohibition against street solicitations in specified conditions.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 22
Attachment number 1
Page 1 of 3
ORDINANCE NO. 7992-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO SOLICITING ON STREETS;
AMENDING SECTION 28.041, CLEARWATER CODE OF
ORDINANCES, TO CREATE AN EXEMPTION TO THE
PROHIBITION AGAINST STREET SOLICITATIONS UNDER
SPECIFIED CONDITIONS; ADDING A SEVERANCE
PROVISION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the orderly flow of motorized traffic is a major concern in
congested urban areas, particularly because an obstruction or delay in traffic at one
point along a traffic artery results in delays and backups far down the roadway; and
WHEREAS, a public safety hazard has been identified with persons
approaching motor vehicles to solicit charitable contributions, business, or
employment from the occupants of motor vehicles being operated on public streets
in Clearwater; and
WHEREAS, unlike the oral advocacy of ideas, or even the distribution of
free literature, successful solicitation from drivers distracts them from their
primary duty to watch the traffic and potential hazards in the road, observe all
traffic control signals or warnings, and prepare to move through the intersection
because the individual is required to respond to the solicitor by, for example,
searching for currency, passing it along to the solicitor, securing any change
returned, replacing a wallet or closing a purse, and then returning proper
attention to the full responsibilities of operating a motor vehicle; and
WHEREAS, there are numerous and diverse methods of soliciting
available in the city that provide ample alternatives for solicitation, including
soliciting pedestrians on the sidewalk, canvassing door-to-door, telephoning
individuals, or direct mailing; and
WHEREAS, the Ordinance is narrowly aimed at the disruptive nature of
soliciting the occupants of motor vehicles being operated on public streets and is
not intended to restrict the communication of ideas, including the distribution of
free literature to occupants of motor vehicles or even the solicitation of the
occupants of motor vehicles that are lawfully parked; and
WHEREAS, failure to restrict solicitations of the occupants of motor
vehicles being operated on public streets will endanger the health, safety, and
general welfare of the public by permitting unsafe pedestrian movement within
travel lanes, sudden stoppage or slowdown of traffic, rapid lane changing, turns,
and other dangerous traffic movement, increased vehicular accidents, and
motorist injuries and fatalities; and
Ordinance No. 79~tBrJB # 22
Attachment number 1
Page 2 of 3
WHEREAS, although the City Council has a substantial governmental
interest in enhancing traffic safety and ensuring the free flow of traffic, the
Council also seeks not to sweep too broadly in its prohibitions so as not to
burden more speech than is necessary to promote its governmental interest; and
WHEREAS, the City Council has determined that a balance can be
reached between its governmental interest in enhancing traffic safety and
ensuring the free flow of traffic and a solicitor's First Amendment right to solicit by
authorizing street solicitations when the solicitors comply with the conditions set
forth below; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 28.041, Clearwater Code of Ordinances, is amended
to read as follows:
Section 28.041 Soliciting, collecting, etc., upon streets.
*****
(3) An orqanization or person actinq on behalf of the orqanization shall be
exempt from subsection (1) under the followinq conditions:
(a) The orqanization or person actinq on behalf of the orqanization must provide
the followinq to the chief of police:
1. No fewer than 14 calendar days prior to the proposed solicitation, the name
and address of the person or orqanization that will perform the solicitation and
the name and address of the orqanization that will receive funds from the
solicitation.
2. A plan for the safety of all persons participatinq in the solicitation, as well as
the motorinq public, at the locations where the solicitation will take place.
3. Specific details of the location or locations of the proposed solicitation and the
hours durinq which the solicitation activities will occur.
4. Proof of commercial qeneralliability insurance aqainst claims for bodily injury
and property damaqe occurrinq on streets, roads, or riqhts-of-way or arisinq from
the solicitor's activities or use of the streets, roads, or riqhts-of-way by the
solicitor or the solicitor's aqents, contractors, or employees. The insurance shall
have a limit of not less than $1 million per occurrence for the qeneral aqqreqate.
The certificate of insurance shall name the City of Clearwater as an additional
insured and shall be filed with the Office of the Chief of Police no later than 72
hours before the date of the solicitation.
(b) Orqanizations or persons meetinq the requirements of subparaqraphs (a)1.-4.
may solicit for a period not to exceed 10 cumulative days within 1 calendar year.
2
Ordinance No. 79~tBrJB # 22
Attachment number 1
Page 3 of 3
(c) All solicitations shall occur durinq dayliqht hours only.
(d) Solicitation activities shall not interfere with the safe and efficient movement
of traffic and shall not cause danqer to the participants or the public.
(e) No person enqaqinq in solicitation activities shall persist after solicitation has
been denied, act in a demandinq or harassinq manner, or use any sound or
voice-amplifyinq apparatus or device.
(f) All persons participatinq in the solicitation shall be at least 18 years of aqe
and shall possess picture identification.
(q) Siqnaqe providinq notice of the solicitation shall be posted at least 500 feet
before the site of the solicitation.
(4) If any provision of this section is declared invalid for any reason, such
invalidity shall not affect any of the remaininq provisions of this section.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Robert J. Surette
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
3
Ordinance No. 79~tBrJB # 22
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue Public Hearing and 2nd Reading of Ordinances for Land Use and Zoning Amendments for 1551 Gulf Blvd. to October 2,
2008. (LUZ2008-05002)
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 23
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue Public Hearing and 2nd Reading of Ordinance for Rezoning of 1180 and 1200 Gulf Blvd. to October 2,2008. (REZ2008-
05003)
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 24
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue Public Hearing and 2nd Reading of Ordinance for Rezoning of 1520, 1540, and 1560 Gulf Blvd. to October 2,2008.
(REZ2008-05004 )
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 25
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue Public Hearing and 2nd Reading of Ordinance for Rezoning of 1501 Gulf Blvd. to October 2, 2008. (REZ2008-05005)
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 26
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder
at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
All vehicles and equipment listed have been replaced as necessary and are no longer required.
Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Auctioneer of Record.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Other
No
Budget Adjustment:
No
Revenue
N/A
N/A
Annual Operating Cost:
Total Cost:
to
Appropriation Code
0566-00000- 364413-000-000-
0000
Amount
To be
determined
Appropriation Comment
Sale proceeds
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
No
Bid Number:
Bid Exceptions:
None
Cover Memo
Item # 27
Attachment number 1
Page 1 of 1
Surplus for August 7, 2008
REASON FOR
ITEM# Asset# YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS I DISPOSAL
1 G0278 1992 Ford F350 w/rescue body 1 FDKF37M4NNA80264 94266 Age/Condition
2 G0526 1994 Ford F150 w/utility body 1 FTEF15Y1 RNB30121 70983 Age/Condition
3 G1179 1990 East Aluminum 40' Trailer 1E1P1U28XLRF11882 N/A Age/Condition
4 G1470 1995 Ford F250 Pickup Truck 1 FTHF25H9SNA96843 98180 Age/Condition
5 G1877 1999 International Chipper/Bucket Truck 1HTSCABN2YH244652 54,905 Age/Condition
6 G1882 1997 Dodge B2500 Passenger Van 2B4H B25Y9VK596851 60671 Age/Condition
7 G1883 1997 Dodge B2500 Passenger Van 2B4H B25YOVK596852 73489 Age/Condition
8 G1898 1997 Kawasaki Mule 2520 JK1AFCB14VB502011 N/A Age/Condition
9 G1919 1998 Crane Carrier Side Loader Refuse 1 CYCCB484WT043466 66628 Age/Condition
10 G1957 1998 Ford Ranger Pickup Truck 1 FTYR1 OU9WUC43146 99440 Age/Condition
11 G2067 1999 Crown Victoria Police Cruiser 2FAFP71W8XX172568 85249 Age/Condition
12 G2094 1999 Ford Taurus 4 dr. sedan 1FAFP52U9XA220850 81860 Age/Condition
13 G2133 1999 Chevrolet Lunina 4 dr. sedan 2G1 WL52M9X9274966 73789 Bad Transmission
14 G2157 1999 Chevrolet 1500 Pickup Truck 1 GCEC14VXXE233552 102535 Age/Condition
15 G2226 2000 Crown Victoria Police Cruiser 2FAFP71W1YX164328 65765 Bad Transmission
16 G2295 2000 Chevrolet S-10 Pickup Truck 1GTCS14W9YK272588 83740 Age/Condition
17 G2306 2001 Peterbilt 320 Side Loader Refuse 1 N PZLZOX41 0712854 65801 Age/Condition
18 G2492 2002 BobCat 873 Skid Loader 514150995 N/A Bad Drive Motor
19 G2523 2002 Crown Victoria Police Cruiser 2FAFP71W42X134571 95320 Age/Condition
20 G3035 2004 Honda EB4035C Pressure Washer 1062823 N/A Worn out
21 N/A 2001 Dosco RC-14SP Root Cutter RC1124-00-171 N/A Age/Condition
Item # 27
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the agreements with Tower Optical for coin-operated viewers at Pier 60 and the Marina and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
Tower Optical has had 8 coin-operated viewers on Pier 60 since October 2002. The city receives 50 percent of the revenue
generated from the machines. In the past 12 months, that translated into about $3,200.00.
In May we asked to have 2 coin-operated viewers installed on the roof of the Marina deck, at which time Tower Optical asked for
written agreements. Our Legal representative reviewed and made suggested changes to the documents. Insurance in the amount of
$1 million, with the City of Clearwater as additional insured was received for each location.
The city empties the viewers monthly and has a check sent to Tower Optical for their portion.
Review Approval: 1) Clerk
Cover Memo
Item # 28
Attachment number 1
Page 1 of 5
THE TOWER OPTICAL COMPANY, INC.
COIN-OPERATED VIEWER AGREEMENT
THIS Agreement is made and entered into this day of
2008, by and between TOWER OPTICAL COMPANY, a corporation organized under
the laws of the State of Connecticut, 275 East Avenue, Norwalk, Connecticut 06855,
herein called "TOWER OPTICAL," and the City of Clearwater, a Florida Municipal
Corporation, Marine and Aviation Department, 25 Causeway Boulevard, Clearwater,
Florida 33767, herein called "CITY."
WITNESSETH:
WHEREAS, CITY has ownership of and control over the use of the property
known as the Clearwater Municipal Marina; and
WHEREAS, TOWER OPTICAL desires to install coin-operated viewers
throughout such premises; and
WHEREAS, CITY desires to have Marina visitors utilize the coin-operated
viewers to see the landscape of the area around Marina; and
WHEREAS, CITY desires to equally share in the profits derived from the use of
coin-operated viewers by granting TOWER OPTICAL a license to place such viewers on
CITY property;
NOW, THEREFORE, in consideration for the use of the Municipal Marina
premises and mutual covenants herein contained, CITY and TOWER OPTICAL
understand and agree to the following:
I. EQUIPMENT
TOWER OPTICAL shall provide two (2) Tower Optical coin-operated viewers for
installation at sites on the real property belonging to CITY in the City of Clearwater,
County of and State ofFL. TOWER OPTICAL is and shall remain the
sole owner of all viewers installed under this Agreement. Designation of coin-operated
viewer sites shall be at the sole discretion of CITY, and any reasonable request, made in
writing and addressed to the appropriate point of contact, to change a viewer site shall not
be unreasonably withheld by the CITY. Any modification in the quantity of coin-
operated viewers relating to this Agreement shall be in writing and become binding on
this Agreement as an amendment.
Item # 28
Attachment number 1
Page 2 of 5
2. TERM
The term of this Agreement shall begin on the day of
shall continue until terminated as described in Section 7.
, 2008 and
3. FINANCIAL PROVISIONS
CITY agrees to collect all monies from said viewers on a regularly scheduled basis and,
by the lOth of each month following collection, shall forward, by regular postal service to
the address listed in paragraph 9 of this Agreement, such sum or sums of money as shall
represent the collections made by CITY, less fifty percent (50%) during the term
provided for herein, which said sums of money CITY shall retain as a license fee for use
of said real property and/or services in the collection of said monies. CITY shall include
a statement indicating meter readings and revenues received with each payment. Sales
taxes levied by City, County or State on gross receipts from viewers installed under this
Agreement shall be paid by City, as collector and remitter of monies. As operator of the
coin-operated viewers, CITY is responsible for procurement and payment of the Annual
Amusement Machine Certificate, as required by the Florida Department of Revenue.
TOWER OPTICAL shall be responsible for any and all freight charges associated with
the delivery and return of the two (2) viewers currently installed. However, freight
charges associated with the delivery and return of any additional viewers requested by the
City shall be shared equally by Tower Optical and the City.
4. EXCLUSIVITY
TOWER OPTICAL shall have exclusive right to the operation of binocular or telescopic
viewers operated by coin on the property described herein.
5. LIABILITY
CITY shall notify Tower Optical in the event any viewer and/or installation covered
under this Agreement becomes or is deemed unsafe for public use. TOWER OPTICAL
shall assume all risks of damage, theft, pilferage, and vandalism, and CITY shall not be
held responsible for any damage to the said viewers while the same are installed on the
property described herein, so long as the damage is not caused by negligence or
intentional misconduct of CITY.
TOWER OPTICAL shall defend, indemnify, save and hold CITY harmless from any and
all claims, suits, judgments and liability for death, personal injury, bodily injury, or
property damage arising directly or indirectly from any performance under this
Agreement by its employees, subcontractors, or assigns, including legal fees, court costs
or other legal expenses. TOWER OPTICAL shall, at its expense, secure and provide to
the CITY, prior to beginning performance under this Agreement, all insurance as
Item # 28
Attachment number 1
Page 3 of 5
required. Each party agrees to indemnify the other, its respective officers and employees
from claims of losses, damages, and expenses (including, but not limited to, court costs
and reasonable attorney fees) asserted by third parties against the indemnified party (the
party claiming indemnification under this section) for negligent acts and omissions
directly and proximately caused by the indemnifying party, its officers, agents,
employees or authorized representatives. However, this provision does not constitute a
waiver of CITY'S sovereign immunity under Section 768.28, Florida Statutes, nor does it
extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes.
The party claiming indemnification (the indemnified party) under this section shall
promptly notify the other party of any such claim. The indemnifying party shall have the
right to control the defense of the claim including the right, with the written consent of
the indemnified party (which consent shall not be unreasonably withheld, conditioned, or
delayed) to compromise or settle such claim. The indemnified party shall participate in
such defense if requested to do so by the indemnifying party and shall be reimbursed for
its reasonable direct out-of-pocket expenses incurred as a result of such participation.
In no event shall CITY be liable to TOWER OPTICAL for special, consequential or
indirect damages, including, without limitation, loss of anticipated profits, business
opportunity or goodwill.
6. SERVICE
TOWER OPTICAL officers and employees, or duly appointed agents, shall obtain
consent, utilizing either verbal, written or other communication methods, prior to
accessing the property described herein for the purpose of installing and/or removing its
viewers, and/or collecting, servicing, repairing and maintaining the same.
Service and repair of the coin-operated viewers shall be the sole responsibility of
TOWER OPTICAL. TOWER OPTICAL shall take appropriate steps to repair and
service coin-operated viewers within sixty (60) days after having been given notice by
CITY of a viewer in need of repairs and/or servicing. Failure to repair a coin-operated
viewer within the aforementioned time specified shall place TOWER OPTICAL in
breach of this agreement.
7. TERMINATION
If at any time either party shall breach any of its obligations under this Agreement, and
shall fail to correct the breach within ten (10) days thereof, the other party may terminate
this agreement upon written notice by registered mail to the breaching party.
Unless terminated due to a breach as provided above, this Agreement will remain in full
force and effect until the _ day of 2011, after which either party may
terminate the agreement without cause by giving the other party written notice by
registered mail at least 30 days before the desired termination date.
Item # 28
Attachment number 1
Page 4 of 5
In addition to all other rights or remedies provided for in this Agreement or by law, this
Agreement shall automatically terminate in the event that (a) a party hereto makes an
assignment of this Agreement without the prior written consent of the other party, (b) a
party hereto admits, in writing, its inability to pay debts as they become due, (c) a trustee,
custodian or receiver is appointed by any such court with respect to a party hereto or any
substantial part of such party's assets, or (d) an action is taken by or against a party under
any bankruptcy or insolvency laws or laws relating to the relief of debtors, including the
Federal Bankruptcy Act, and such action is not dismissed within thirty (30) days.
Termination of this Agreement shall not relieve either party of its obligation to divide the
revenues obtained from the coin-operated viewers until the point of termination.
8. ATTORNEY'S FEES
In the event either party seeks to enforce this Agreement or to interpret any provision of
this Agreement, by law or through attorneys-at-law, or under advice therefrom, the
parties agree that the prevailing party is entitled to recover reasonable attorney fees from
the other party, in addition to any other relief that may be awarded. Moreover, any legal
proceedings regarding this Agreement shall take place in the courts of Pin ell as County,
Florida, and the applicable law that shall apply to construction of this Agreement is that
of the State of Florida.
9. NOTICE
Any remittance or document in connection with the Agreement shall be sent via postal
service with postage and fees prepaid to the appropriate address indicated in this section.
However, any notice relating to this Agreement shall be sent via certified mail, return
receipt requested:
If to CITY, addressed to:
Beverly Buyssee
City of Clearwater, Marine and Aviation
Dept.
25 Causeway Blvd.
Clearwater, FL 33767
Copy addressed to:
City of Clearwater
City Attorney
P.O. Box 4748
Clearwater, FL 33758-4748
If to TOWER OPTICAL, addressed to:
The Tower Optical Company, Inc.
P.O. Box 251
Item # 28
Attachment number 1
Page 5 of 5
South Norwalk, CT 06856-0251
10. INSURANCE
TOWER OPTICAL shall furnish, pay for, and maintain during the life of the Agreement
with CITY the following liability coverage: (a) Comprehensive General Liability
insurance on an "occurrence" basis in an amount not less than $1,000,000.00 combined
single limit Bodily Injury Liability and Property Damage Liability. (b) Florida Workers'
Compensation Insurance applicable to TOWER OPTICAL'S employees, contractors, and
subcontractors, including Employers' Liability.
CITY shall be specifically included as an additional insured in the General Liability
coverage described above. All insurance policies must be endorsed to provide CITY with
thirty (30) days notice of policy cancellation or restriction.
TOWER OPTICAL shall provide CITY with a certificate or certificates of insurance
showing the existence of the coverage required. TOWER OPTICAL shall maintain this
coverage with a current certificate or certificates of insurance throughout the term of the
Agreement with CITY. When specifically requested by CITY in writing, TOWER
OPTICAL shall provide CITY with certified copies of all insurance policies as required
above. New certificates and new certified copies of policies if certified copies of policies
have been requested, shall be provided to CITY whenever any policy is renewed, revised
or obtained from other insurers.
II. ENTIRE AGREEMENT
This Agreement constitutes the final and complete agreement of the parties concerning
Tower Optical viewer installation as herein described. This Agreement may be changed
only by written notification that is signed by both parties.
THE TOWER OPTICAL COMPANY, INC.
CITY OF CLEARWATER
MARINE & AVIATION DEPT.
MUNICIP AL MARINA
Signature
Signature
Printed Name
Printed Name
Date:
Date:
Item # 28
Attachment number 2
Page 1 of 5
THE TOWER OPTICAL COMPANY, INC.
COIN-OPERATED VIEWER AGREEMENT
THIS Agreement is made and entered into this day of ,
2008, by and between TOWER OPTICAL COMPANY, a corporation organized under
the laws of the State of Connecticut, 275 East Avenue, Norwalk, Connecticut 06855,
herein called "TOWER OPTICAL," and the City of Clearwater, a Florida Municipal
Corporation, Marine and Aviation Department, 25 Causeway Boulevard, Clearwater,
Florida 33767, herein called "CITY."
WITNESSETH:
WHEREAS, CITY has ownership of and control over the use of the property
known as Pier 60; and
WHEREAS, TOWER OPTICAL desires to install coin-operated viewers
throughout such premises; and
WHEREAS, CITY desires to have Pier 60 visitors utilize the coin-operated
viewers to see the landscape of the area around Marina; and
WHEREAS, CITY desires to equally share in the profits derived from the use of
coin-operated viewers by granting TOWER OPTICAL a license to place such viewers on
CITY property;
NOW, THEREFORE, in consideration for the use of the Municipal Marina
premises and mutual covenants herein contained, CITY and TOWER OPTICAL
understand and agree to the following:
I. EQUIPMENT
TOWER OPTICAL shall provide eight (8) Tower Optical coin-operated viewers for
installation at sites on the real property belonging to CITY in the City of Clearwater,
County of and State ofFL. TOWER OPTICAL is and shall remain the
sole owner of all viewers installed under this Agreement. Designation of coin-operated
viewer sites shall be at the sole discretion of CITY, and any reasonable request, made in
writing and addressed to the appropriate point of contact, to change a viewer site shall not
be unreasonably withheld by the CITY. Any modification in the quantity of coin-
operated viewers relating to this Agreement shall be in writing and become binding on
this Agreement as an amendment.
Item # 28
Attachment number 2
Page 2 of 5
2. TERM
The term of this Agreement shall begin on the day of
shall continue until terminated as described in Section 7.
, 2008 and
3. FINANCIAL PROVISIONS
CITY agrees to collect all monies from said viewers on a regularly scheduled basis and,
by the lOth of each month following collection, shall forward, by regular postal service to
the address listed in paragraph 9 of this Agreement, such sum or sums of money as shall
represent the collections made by CITY, less fifty percent (50%) during the term
provided for herein, which said sums of money CITY shall retain as a license fee for use
of said real property and/or services in the collection of said monies. CITY shall include
a statement indicating meter readings and revenues received with each payment. Sales
taxes levied by City, County or State on gross receipts from viewers installed under this
Agreement shall be paid by City, as collector and remitter of monies. As operator of the
coin-operated viewers, CITY is responsible for procurement and payment of the Annual
Amusement Machine Certificate, as required by the Florida Department of Revenue.
TOWER OPTICAL shall be responsible for any and all freight charges associated with
the delivery and return of the eight (8) viewers currently installed. However, freight
charges associated with the delivery and return of any additional viewers requested by the
City shall be shared equally by Tower Optical and the City.
4. EXCLUSIVITY
TOWER OPTICAL shall have exclusive right to the operation of binocular or telescopic
viewers operated by coin on the property described herein.
5. LIABILITY
CITY shall notify Tower Optical in the event any viewer and/or installation covered
under this Agreement becomes or is deemed unsafe for public use. TOWER OPTICAL
shall assume all risks of damage, theft, pilferage, and vandalism, and CITY shall not be
held responsible for any damage to the said viewers while the same are installed on the
property described herein, so long as the damage is not caused by negligence or
intentional misconduct of CITY.
TOWER OPTICAL shall defend, indemnify, save and hold CITY harmless from any and
all claims, suits, judgments and liability for death, personal injury, bodily injury, or
property damage arising directly or indirectly from any performance under this
Agreement by its employees, subcontractors, or assigns, including legal fees, court costs
or other legal expenses. TOWER OPTICAL shall, at its expense, secure and provide to
the CITY, prior to beginning performance under this Agreement, all insurance as
Item # 28
Attachment number 2
Page 3 of 5
required. Each party agrees to indemnify the other, its respective officers and employees
from claims of losses, damages, and expenses (including, but not limited to, court costs
and reasonable attorney fees) asserted by third parties against the indemnified party (the
party claiming indemnification under this section) for negligent acts and omissions
directly and proximately caused by the indemnifying party, its officers, agents,
employees or authorized representatives. However, this provision does not constitute a
waiver of CITY'S sovereign immunity under Section 768.28, Florida Statutes, nor does it
extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes.
The party claiming indemnification (the indemnified party) under this section shall
promptly notify the other party of any such claim. The indemnifying party shall have the
right to control the defense of the claim including the right, with the written consent of
the indemnified party (which consent shall not be unreasonably withheld, conditioned, or
delayed) to compromise or settle such claim. The indemnified party shall participate in
such defense if requested to do so by the indemnifying party and shall be reimbursed for
its reasonable direct out-of-pocket expenses incurred as a result of such participation.
In no event shall CITY be liable to TOWER OPTICAL for special, consequential or
indirect damages, including, without limitation, loss of anticipated profits, business
opportunity or goodwill.
6. SERVICE
TOWER OPTICAL officers and employees, or duly appointed agents, shall obtain
consent, utilizing either verbal, written or other communication methods, prior to
accessing the property described herein for the purpose of installing and/or removing its
viewers, and/or collecting, servicing, repairing and maintaining the same.
Service and repair of the coin-operated viewers shall be the sole responsibility of
TOWER OPTICAL. TOWER OPTICAL shall take appropriate steps to repair and
service coin-operated viewers within sixty (60) days after having been given notice by
CITY of a viewer in need of repairs and/or servicing. Failure to repair a coin-operated
viewer within the aforementioned time specified shall place TOWER OPTICAL in
breach of this agreement.
7. TERMINATION
If at any time either party shall breach any of its obligations under this Agreement, and
shall fail to correct the breach within ten (10) days thereof, the other party may terminate
this agreement upon written notice by registered mail to the breaching party.
Unless terminated due to a breach as provided above, this Agreement will remain in full
force and effect until the _ day of 2011, after which either party may
terminate the agreement without cause by giving the other party written notice by
registered mail at least 30 days before the desired termination date.
Item # 28
Attachment number 2
Page 4 of 5
In addition to all other rights or remedies provided for in this Agreement or by law, this
Agreement shall automatically terminate in the event that (a) a party hereto makes an
assignment of this Agreement without the prior written consent of the other party, (b) a
party hereto admits, in writing, its inability to pay debts as they become due, (c) a trustee,
custodian or receiver is appointed by any such court with respect to a party hereto or any
substantial part of such party's assets, or (d) an action is taken by or against a party under
any bankruptcy or insolvency laws or laws relating to the relief of debtors, including the
Federal Bankruptcy Act, and such action is not dismissed within thirty (30) days.
Termination of this Agreement shall not relieve either party of its obligation to divide the
revenues obtained from the coin-operated viewers until the point of termination.
8. ATTORNEY'S FEES
In the event either party seeks to enforce this Agreement or to interpret any provision of
this Agreement, by law or through attorneys-at-law, or under advice therefrom, the
parties agree that the prevailing party is entitled to recover reasonable attorney fees from
the other party, in addition to any other relief that may be awarded. Moreover, any legal
proceedings regarding this Agreement shall take place in the courts of Pin ell as County,
Florida, and the applicable law that shall apply to construction of this Agreement is that
of the State of Florida.
9. NOTICE
Any remittance or document in connection with the Agreement shall be sent via postal
service with postage and fees prepaid to the appropriate address indicated in this section.
However, any notice relating to this Agreement shall be sent via certified mail, return
receipt requested:
If to CITY, addressed to:
Beverly Buyssee
City of Clearwater, Marine and Aviation
Dept.
25 Causeway Blvd.
Clearwater, FL 33767
Copy addressed to:
City of Clearwater
City Attorney
P.O. Box 4748
Clearwater, FL 33758-4748
If to TOWER OPTICAL, addressed to:
The Tower Optical Company, Inc.
P.O. Box 251
South Norwalk, CT 06856-0251
Item # 28
Attachment number 2
Page 5 of 5
10. INSURANCE
TOWER OPTICAL shall furnish, pay for, and maintain during the life of the Agreement
with CITY the following liability coverage: (a) Comprehensive General Liability
insurance on an "occurrence" basis in an amount not less than $1,000,000.00 combined
single limit Bodily Injury Liability and Property Damage Liability. (b) Florida Workers'
Compensation Insurance applicable to TOWER OPTICAL'S employees, contractors, and
subcontractors, including Employers' Liability.
CITY shall be specifically included as an additional insured in the General Liability
coverage described above. All insurance policies must be endorsed to provide CITY with
thirty (30) days notice of policy cancellation or restriction.
TOWER OPTICAL shall provide CITY with a certificate or certificates of insurance
showing the existence of the coverage required. TOWER OPTICAL shall maintain this
coverage with a current certificate or certificates of insurance throughout the term of the
Agreement with CITY. When specifically requested by CITY in writing, TOWER
OPTICAL shall provide CITY with certified copies of all insurance policies as required
above. New certificates and new certified copies of policies if certified copies of policies
have been requested, shall be provided to CITY whenever any policy is renewed, revised
or obtained from other insurers.
II. ENTIRE AGREEMENT
This Agreement constitutes the final and complete agreement of the parties concerning
Tower Optical viewer installation as herein described. This Agreement may be changed
only by written notification that is signed by both parties.
THE TOWER OPTICAL COMPANY, INC.
CITY OF CLEARWATER
MARINE & AVIATION DEPT.
MUNICIP AL MARINA
Signature
Signature
Printed Name
Printed Name
Date:
Date:
Item # 28
SUBJECT / RECOMMENDATION:
No Item
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date: 8/7 /2008
Review Approval: 1) Clerk
Cover Memo
Item # 29
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve renewing a contract with the Pinellas County Sheriff s Office, Largo, Florida, for latent fingerprint, crime scene
processing, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one year contract period
commencing October 1, 2008, through September 30,2009, at a cost of $647,362.00 and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
The Pinellas County Sheriff's Office (PCSO) and the Clearwater Police Department (CPD) began annual contractual
agreement for services in January 1994. The agreements covered\ latent fingerprint examination, property/evidence storage, and
. ..
cnme scene processmg serVIces.
The total cost of the proposed FY 2008/2009 agreement is $647,362.00. The contractual price reflects an increase of
approximately 14% for currently provided services and an additional $57,362 for PJAC security. CPD has never been charged for
this service.
The proposed contractual agreement reflects the following breakout of costs: Fingerprint Services - $95,620.00; Forensic
Science Services (Crime Scene Processing) - $352,000.00 (2,200 calls @ $160.00 per call), requests for services in excess of 2,200
calls will be invoiced monthly at a rate of $160.00 per call. In addition, any funds from unused calls for service from FY
2008/2009 shall be applied toward the following year's contractual agreement; Evidence and Property Service and Storage -
$142,380.00. This cost is inclusive of personnel and storage costs, and is an increase of $79,878 over FY 2007/2008 charges for
the same category. The Sheriffs previous charges have not covered his cost for providing these services. In order to bring the fees
up to a level to cover his costs, the rates will be increased over the next two years. This year's increase represents the main reason
for the 14% overall increase in the cost for this contract.
Additionally, for the first time PCSO is charging all Pinellas County law enforcement agencies their respective share of the
cost of providing security for the Pinellas Juvenile Assessment Center (PJAC). Clearwater's share is $57,362.00 based on the
number of juvenile bookings made by CPD into PJ AC the previous year, totaling 667, reflecting a cost of $86.00 per
booking. Billing for requests for service in excess of the 667 bookings during the term of this contract shall be invoiced at the rate
of $86.00 per booking. Any excess funds from unused bookings will carryover to the following year.
Funding for this contractual agreement is proposed in the Police Department's FN 200812009 operating budget.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Operating Expenditure
None Budget Adjustment:
None
-0-
Annual Operating Cost:
Total Cost:
$647,362.00
2008 to 2009
Appropriation Code
010-01121-530300-521-000
Review Approval: 1) Clerk
Amount
$647,362.00
Appropriation Comment
Item # 30
Attachment number 1
Page 1 of 9
AGREEMENT
COMES NOW, the CITY OF CLEARWATER, FLORIDA, a municipal corporation
(hereinafter "CITY"), JIM COATS, as Sheriff of Pinellas County, Florida, (hereinafter
"SHERIFF") and PINELLAS COUNTY, a political subdivision of the State of Florida,
(hereinafter "BOARD") and agree as follows:
WHEREAS, the CITY desires to contract with the SHERIFF for assistance in examining
latent fingerprints derived from crime scenes within the CITY and from suspects and victims of
crimes occurring within the municipal limits of the CITY, and;
WHEREAS, the CITY desires to contract with the SHERIFF for crime scene services and
evidence and property storage for the CITY OF CLEARWATER Police Department, and;
WHEREAS, the SHERIFF has available personnel to perform such services for the
CITY;
WHEREAS, the CITY desires to contract with the SHERIFF for the provision of security
at the Juvenile Assessment Center; and
WHEREAS, both the CITY and the SHERIFF believe the provision of such services as
hereinafter described is in the best interest of the safety and welfare of the citizens of the CITY
and of Pinellas County and that such will facilitate the investigation of criminal activity and the
apprehension of persons engaging in such activity;
-NOW, THEREFORE, in consideration of the mutual covenants and promises set forth
below, the parties hereto agree as follows:
Attachment number 1
Page 2 of 9
1. LATENT PRINT SERVICES
A. The SHERIFF shall provide to the CITY latent print examination and
analysis services.
B. Latent Print Examiners who perform these services shall be appropriately
trained and qualified to examine latent fingerprints and to identify same.
C. Said Examiners shall be members of the Pinellas County Sheriff's Office
and shall be subject to the direction and all rules and regulations of the SHERIFF.
D. Said Examiners shall be on duty to perform fingerprint examinations for
the CITY eight (8) hours per day, five (5) days per-week and shall as a part of their duties: -
1. Examine fingerprints provided by the CITY to eliminate fingerprints
of persons who have a legitimate reason to have their fingerprints in a
premise or on an object.
2. Evaluate the quality oflatent fingerprints provided by the CITY.
3. Compare the latent fingerprints of suspects provided by the CITY.
4. Appropriately document those latent fingerprints provided by the
CITY which cannot be positively identified.
5. Prepare and provide to the CITY reports on all latent fingerprint
identifications performed.
6. Attend depositions, hearings and trials and render expert testimony in
the area of fingerprint identification.
E. In those instances where the CITY submits a complex or lengthy latent
identifieation request, the SHERIFF shall devote the necessary available personnel to perform
the work.
F. The CITY shall provide one individual, to be designated by the CITY,
who shall act as a liaison with the Examiners provided for herein. Said liaison shall:
2
Attachment number 1
Page 3 of 9
1. Be a member of the CITY Police Department.
2. Be responsible for the timely and appropriate delivery of latent
fingerprints and certain items of evidence to the SHERIFF.
3. Be responsible for the proper execution and delivery to the SHERIFF
of correctly executed latent fingerprint request forms.
4. Be responsible for the return to the CITY of completed latent
fingerprint request forms showing the results of such examination or
companson.
5. Serve as the SHERIFF's contact with the CITY in all day to day
matters relating to the examination of latent fingerprints pursuant to
this Agreement.
G. . The CITY shall pay to' the BOARD the sum of NINETY-FIVE
THOUSAND SIX HUNDRED AND TWENTY DOLLARS ($95,620.00) for the latent
fingerprint services to be rendered pursuant to this Agreement.
2. FORENSIC SCIENCE SERVICES
A. The SHERIFF will provide to the CITY, upon request by the CITY,
Forensic Science Services to document, process and collect evidence at crime scenes within the
CITY. Said services shall include the photographing or otherwise documenting said crime scene
as such may be appropriate, within the scope and capabilities of the SHERIFF. Any processing
or testing outside SHERIFF's capabilities shall be at the expense of the CITY but will be
facilitated by SHERIFF.
B. The SHERIFF shall provide to the CITY Police Department copies of all
crime scene reports generated by SHERIFF's personnel pursuant to this Agreement.
3
Attachment number 1
Page 4 of 9
C. The CITY shall pay to the BOARD the sum of ONE HUNDRED SIXTY
DOLLARS ($160.00) for each crime scene processed by the SHERIFF and shall guarantee a
minimum of 2,200 calls for service during the period of this Agreement. For all requests for
service in excess of 2,200 calls for service during the period of this Agreement, the CITY shall
pay to the BOARD the sum of ONE HUNDRED SIXTY DOLLARS ($160.00) for each crime
scene processed pursuant to this Agreement.
D. The CITY shall pay to the BOARD the sum of THREE HUNDRED
FIFTY-TWO THOUSAND DOLLARS ($352,000.00) for the 2,200 calls for service for the
period of this Agreement. .
E. Billing for requests for service in excess of 2,200 calls during the period of
this Agreement shall be invoiced monthly at the rate of ONE HUNDRED SIXTY DOLLARS
($160.00) per call.
F. Any funds from unused calls for service from FY 2008/2009 shall be
applied towards next year's Agreement.
G. The parties agree that the term "call for services" as used herein shall be
defined as an incident, event or offense that requires a report or offense number made, recorded
or taken by a member of the CITY Police Department for documentation purposes and which
requires some reportable action by a SHERIFF's Forensic Science Specialist. All services
rendered under the same case number shall be deemed one call for service. Such offense
numbers shall be used to calculate calls for service with each offense number which results in a
request for services being deemed a call for services.
4
Attachment number 1
Page 5 of 9
3. EVIDENCE AND PROPERTY SERVICE AND STORAGE
A. During the term of this Agreement, the SHERIFF agrees to provide to the
CITY storage, release and disposition of all seized evidence, found property and property being
held for safekeeping as defined by Florida Statutes and the City of Clearwater Code of
Ordinances within the SHERIFF's Evidence and Property Storage Facility, except for non-
evidentiary bicycles and breath, blood or urine samples obtained from persons suspected of
operating vehicles or vessels while under the influence of alcohol or drugs, which samples shall
be maintained by the Pinellas County Medical Examiner's Office.
B. . The SHERIFF shall also transport drug items to and from the County iab
as determined by the CITY Police Department. The SHERIFF shall be responsible for
transporting all items of property or evidence as aforesaid from the CITY Police Department and
transporting same to secure storage facilities maintained by the SHERIFF. However, where such
items of property or evidence are large, voluminous, heavy or otherwise not compatible with
transport by ordinary courier, it shall be the responsibility of the CITY Police Department to
transport such items to the SHERIFF's Evidence and Property Storage Facility.
C. The SHERIFF shall store and maintain chain of custody of all evidence
and other property in accordance with current general orders and SOPs.
D. All evidence and other property seized, found or held for safekeeping by
'the SHERIFF for the CITY. Police Department shall be disposed of in accordance with Florida
law or as otherwise ordered by a court of law. Nothing herein shall prevent the CITY from
retaining any of its evidence or other property as part of the CITY's inventory of property or
donated by the CITY to a qualified non-profit organization in accordance with Florida law.
5
Attachment number 1
Page 6 of 9
E. The CITY shall pay to the BOARD the sum of ONE HUNDRED FORTY-
TWO THOUSAND THREE HUNDRED EIGHTY DOLLARS ($142,380.00) for the property
and evidence service and storage. This cost is inclusive of personnel and storage costs.
4. PINELLAS JUVENILE ASSESSMENT CENTER (PJAC)
A. The SHERIFF and the CITY agree that PJAC is a collaborative effort
among the vanous Pinellas County entities for the centralized and efficient processing of
juveniles taken into custody by law enforcement officers countywide. The Pinellas County
Sheriff's Office has voluntarily been providing PJAC security services at its own expense for
many years without seeking contribution from other Pinellas County law enforcement agencid.
The parties agree that fiscal constraints prohibit the continuation of this practice on the part of
the SHERIFF.
B. The SHERIFF and the CITY further agree that for the term of this
Agreement that the CITY shall pay for its share of the cost of security based upon the number of
juveniles the CITY's Police Department books at PJAC. The CITY will pay for a minimum of
667 juveniles for the term of this Agreement, at a cost of FIFTY -SEVEN THOUSAND THREE
HUNDRED SIXTY-TWO DOLLARS ($57,362.00) reflecting a cost of EIGHTY-SIX
DOLLARS ($86.00) per booking.
C. Billing for requests for service in excess of the 667 bookings during the
ferm of this Agreement shall be invoiced at the rate of EIGHTY-SIX DOLLARS ($86.00) per
booking.
D. Any funds not expended in FY 2008-2009 because the number of
juveniles booked is less than the anticipated 667 shall be applied towards next year's Agreement.
6
Attachment number 1
Page 7 of 9
5. TOTAL COMPENSATION
The CITY agrees to pay to the BOARD, on October 1, 2008, the sum of SIX
HUNDRED FORTY-SEVEN THOUSAND THREE HUNDRED SIXTY-TWO DOLLARS
($647,362.00) which reflects the minimum sum due for all services to be rendered during the
term of this Agreement.
6. CONTACT PERSONS
The SHERIFF agrees to use best efforts and necessary resources available to tlle
SHERIFF to carry out the terms and conditions of this Agreement. Both parties agree that they
will cooperate and work together to carry out the terms and conditions of the Agreement. To that
end, the parties agree that the following individuals shall be the contact persons for the CITY and
SHERIFF respectively.
FOR THE CITY
FOR THE SHERIFF
Sid Klein, Chief of Police
644 Pierce Street
Clearwater, FL 33756
(727) 562-4242
Major Dan Simovich
P. O. Drawer 2500
Largo, FL 33779-2500
(727) 582-6410
7. BUDGET
The BOARD hereby joins in the execution of this Agreement and said BOARD
agrees.to amend the Pinellas County Sheriff's Office budget to provide these funds necessary to
accomplish the purposes of this Agreement and agrees to cooperate in every way reasonably
possible to insure that the purposes stated herein are fulfilled.
7
Attachment number 1
Page 8 of 9
8. CANCELLATION
Either party may cancel this Agreement without penalty upon providing notice of
such cancellation in writing thirty (30) days in advance of the date of cancellation. Upon such
cancellation, the SHERIFF shall retain such sums from the payment set forth above as reflect
actual calls for service or property storage at the rate provided herein and shall refund the
remainder to the CITY. If the SHERIFF receives reimbursement from the BOARD for any of
the services that the SHERIFF will be providing to the CITY pursuant to this Agreement, the
SHERIFF shall refund the prorated amount of any unused services to the BOARD.
9.
COMPLETE AGREEMENT
This Agreement constitutes the full and complete understanding of the parties.
10. MODIFICATION
This Agreement may be modified or amended only by a document in writing
signed by all the parties hereto.
11. ASSIGNMENT
Neither party shall assign any obligations or responsibilities under this Agreement
to any third party.
12. INDEMNIFICATION
Each party shall be liable for the negligent acts or omissions of its own employees
~in the performance of this Agreement. Nothing contained herein shall be construed to limit or
modify the provisions of Florida Statute 768.28. Nothing herein shall abrogate or expand the
sovereign immunity enjoyed by the CITY and the SHERIFF pursuant to the provisions of
8
Attachment number 1
Page 9 of 9
Chapter 768, Florida Statutes, nor shall any third party receive any benefit whatsoever from the
indemnification provided herein.
13. TERM OF AGREEMENT
This Agreement shall be for a period of one (1) year commencing October 1,
2008, and concluding September 30,2009.
IN WITNESS WHEREOF the parties to this Agreement have caused the same to be
signed by their duly authorized representatives this _ day of
2008.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Mayor-Commissioner
City Manager
Approved as to form:
Attest:
City Clerk
Approved as to form:
SHERIFF OF PINELLAS COUNTY, FLORIDA
Deputy General Counsel
Jim Coats, Sheriff
ATTEST:
KEN BURKE, Clerk
PINELLAS COUNTY, FLORIDA, By and
through its Board of County Commissioners
Deputy- Clerk
Chairperson
APPROVED AS TO FORM:
County Attorney
9
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve submission of a FY 2008 Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial
Justice Assistance grant application in the amount of $30,414 to fund the purchase of Tactical Weapons Illuminators and Holsters.
(consent)
SUMMARY:
. On July 8, 2008, the Clearwater Police Department (CPD) submitted the attached application online to the U.S. Department
of Justice, Bureau of Justice Assistance, for a FY 2008 Edward Byrne Justice Assistance Grant in the amount of $30,414 for
its Tactical Weapons Illuminator Project. The grant submission was approved by the Resource Management Committee on
July 2, 2008.
. The Tactical Weapons Illuminator is the original rail mount weapons light that is compatible with the handguns used by all
CPD officers. The light attaches onto the weapon and provides powerful light, as well as fast and significantly clearer
identification of the target. The grant will fund the purchase of 240 lights and 240 holsters, providing all sworn personnel
with the equipment.
. There are no additional personnel associated with this grant.
. Total purchase price for lights and holsters will be $34,113.60. Total of federal grant funds will be $30,414.00, the
maximum that CPD is eligible to apply for. The balance of $3,699.60 will be paid for from the department's SLEF account.
. USDOJ/BJA requires that all JAG grant applications be reviewed and approved by the City Council before USDOJ/BJA
will consider approval of grant funding.
Type:
Current Year Budget?:
Operating Expenditure
None
Budget Adjustment:
None
Budget Adjustment Comments:
Cover Memo
Current Year Cost:
Not to Exceed:
For Fiscal Year:
-0-
Annual Operating Cost:
Total Cost:
Item # 31
2008 to 2009
Appropriation Code
181-99330
Amount
$3,699.60
Appropriation Comment
Review Approval: 1) Clerk
Cover Memo
Item # 31
Attachment number 1
Page 1 of 1
Proqram Narrative
The City of Clearwater Police Oepartment (CPO) requests authorization to apply for a
FY 2008 Edward Byrne Justice Assistance Grant in the amount of $30,414 for its
Tactical Weapons Illuminator Project.
The Tactical Weapons Illuminator is the original rail mount weapons light that is
compatible with the handguns used by all CPO officers. The light attaches onto the
weapon and provides powerful light, as well as fast and significantly clearer
identification of the target. The light weighs less than 4 ounces and will not hamper
performance or shooter skill. The accompanying holsters are necessary for the
Illuminator to be stored on the officer's belt with the weapon. The Tactical Weapons
Illuminator will prove to be extremely useful to CPO officers in low light situations and
will greatly enhance officer safety.
Currently when CPO patrol officers conduct building searches, foot chases, felony traffic
stops, and/or active-shooter situations in low-light conditions, officers must use one
hand for their weapon and the other for their flashlight. Having a weapons-mounted
lighting system would free up the officer's non-shooting hand, allowing the officer to use
that hand and not have to worry about aiming a flashlight in addition to a gun.
Ouring CPO's active-shooter training in the summer of 2005, the training unit developed
scenarios that required officers to bring their flashlights with them in the event of low-
light conditions. Numerous times during the training, unarmed role players were shot
during the split second that it to took for the officer to decide whether to shoot or be
shot. When questioned about the shootings, officers stated that their biggest concerns
were the lighting issue and poor hand position while holding the flashlight. These
officers all stated that if they had had a weapons-mounted light system, the outcome of
the training scenario would have been different.
The grant will fund the purchase of 240 lights and 240 holsters, providing all sworn
personnel with the equipment.
Cost per light is $62.14 x 240 for a total of $14,913.60.
Cost per holster is $80 x 240 for a total of $19,200.00.
Total purchase price for lights and holsters will be $34,113.60.
Total of federal grant funds will be $30,414.00, the maximum that CPO is eligible to
apply for.
The balance of $3699.60 will be paid for from CPO's Special Law Enforcement Fund
account.
Item # 31
Attachment number 2
Page 1 of 4
Budget Detail Worksheet
A. Personnel - List each position by title and name of employee, if available. Show the annual salary
rate and the percentage of time to be devoted to the project. Compensation paid for employees
engaged in grant activities must be consistent with that paid for similar work within the applicant
organization.
NameIPosition
Salary Compensation
Cost
TOTAL -0-
B. Fringe Benefits - Fringe benefits should be based on actual known costs or an established
formula. Fringe benefits are for the personnel listed in budget category (a) and only for the
percentage of time devoted to the proj ect.
NameIPosition
Benefits Computation
Cost
TOTAL -0-
C. Travel- Itemize travel expenses of project personnel by purpose (e.g., staff to training, field
interviews, advisory group meeting, etc.). Show the basis of computation (e.g., six people to 3-day
training at $X airfare, $X lodging, $X subsistence). In training projects, travel and meals for trainees
should be listed separately. Show the number of trainees and the unit costs involved. Identify the
location of travel, if known. Indicate source of Travel Policies applied, Applicant or Federal Travel
Regulations.
Purpose of Travel
Destination
Item
Computation
Cost
TOTAL -0-
D. Equipment - List non-expendable items that are to be purchased. Nonexpendable equipment is
tangible property having a useful life of more than two years and an acquisition cost of $5,000 or
more per unit. (Note: Organization's own capitalization policy may be used for items costing less
than $5,000). Expendable items should be included either in the "Supplies" category or in the
"Other" category. Applicants should analyze the cost benefits of purchasing items versus leasing
equipment, especially high-cost items and those subject to rapid technical advances. Rented or leased
equipment costs should be listed in the "Contractual" category. Explain how the equipment is
necessary for the success of the project. Attach a narrative describing the procurement method to be
used.
Item # 31
Attachment number 2
Page 2 of 4
I Item
Computation
Cost I
TOTAL -0-
E. Supplies - List items by type (office supplies, postage, training materials, copying paper, and
expendable items costing less than $5,000, such as books, hand-held tape recorders), and show
the basis for computation. (Note: Organization's own capitalization policy may be used for items
costing less than $5,000). Generally, supplies include any materials that are expendable or
consumed during the course of the proj ect.
F.
Supply Items
Tactical weapons illuminator
Computation
$62.14 per light x 240
Cost
$14,913.60
Accompanying holster for
weapon and light
$80.00 per holster x 240
19,200.00
TOTAL $34,113.60
F. Construction - As a rule, construction costs are not allowable. In some cases, minor repairs or
renovations may be allowable. Consult with the program office before budgeting funds in this
category .
Purpose
Description of Work
Cost
TOTAL -0-
G. Consultants/Contracts - Indicate whether applicant's formal, written Procurement Policy or the
Federal Acquisition Regulations are followed.
Consultant Fees: For each consultant enter the name, if known; service to be provided; hourly or
daily fee (8-hour day); and estimated time on the project. Consultant fees in excess of $250 per day
require additional justification an prior approval for OJP.
Name of Consultant
Service Provided
Computation
Cost
Subtotal $-0-
Consultant Expenses: List all expenses to be paid from the grant to the individual consultants in
addition to their fees (e.g., travel, meals, lodging, etc.).
Item
Location
Computation
Cost
Item # 31
Attachment number 2
Page 3 of 4
Subtotal ~ I
Contracts: Provide a description of the product or service to be procured by contract and an estimate
of the cost. Applicants are encouraged to promote free and open competition in awarding contracts.
A separate justification must be provided for sole source contracts in excess of $100,000.
Item
Cost
Subtotal -0-
TOTAL -0-
H. Other Costs - List items (e.g., rent, reproduction, telephone, janitorial or security services, and
investigative or confidential funds) by major type and the basis of the computation. For example,
provide the square footage and the cost per square foot for rent, and provide a monthly rental cost and
how many months to rent.
Description
Computation
Cost
TOTAL -0-
I. Indirect Costs - Indirect costs are allowed only if the applicant has a Federally approved indirect
cost rate. A copy of the rate approval (a fully executed, negotiated agreement) must be attached. If
the applicant does not have an approved rate, one can be requested by contacting the applicant's
cognizant Federal agency, which will review all documentation and approve a rate for the applicant
organization, or if the applicant's accounting system permits, costs may be allocated in the direct cost
categories.
Description
Computation
Cost
TOTAL -0-
J. Budget Summary - When you have completed the budget worksheet, transfer the totals for each
category to the spaces below. Compute the total direct costs and the total project costs. Indicate the
amount of Federal funds requested and the amount of non-Federal funds that will support the project.
Budget Category
Amount
A. Personnel
$-0-
Item # 31
B. Fringe Benefits
C. Travel
D. Equipment
E. Supplies
F. Construction
G. Consultants/Contracts
H. Other
Total Direct Costs
1. Indirect Costs
TOTAL PROJECT COSTS
Federal Request
$30,414.00
Non-Federal Request
3,699.60
Attachment number 2
Page 4 of 4
$-0-
$-0-
$-0-
$34,113.60
$-0-
$-0-
$-0-
$34,113.60
$-0-
$34,113.60
Item # 31
Attachment number 3
Page 1 of 1
Bud2et Narrative
Supplies ($34,113.60)
The grant will fund the purchase of 240 tactical weapons illuminator lights and 240
accompanying holsters, providing all sworn personnel with the equipment.
The tactical weapons illuminator is the original rail mount weapons light that is
compatible with the handguns used by all Clearwater Police Oepartment (CPO) officers.
The light attaches onto the weapon and provides powerful light, as well as fast and
significantly clearer identification of the target. The light weighs less than 4 ounces and
will not hamper performance or shooter skill. The accompanying holsters are necessary
for the Illuminator to be stored on the officer's belt with the weapon. The Tactical
Weapons Illuminator will prove to be extremely useful to CPO officers in low light
situations and will greatly enhance officer safety.
Cost per light is $62.14 x 240 for a total of $14,913.60.
Cost per holster is $80 x 240 for a total of $19,200.00.
Total purchase price for lights and holsters will be $34,113.60.
Total of federal grant funds will be $30,414.00, the maximum that CPO is eligible to
apply for.
The balance of $3699.60 will be paid for from the department's Special Law
Enforcement Fund account.
Item # 31
Attachment number 4
Page 1 of 1
Review Narrative for JAG
Date: July 7, 2008
On July 2,2008, the JAG grant application was submitted for review and approved by the
City of Clearwater's Resource Management Committee. The JAG grant application is
also being submitted for review by Clearwater's City Council. The application will be
reviewed and approved at the public meeting scheduled for August 7,2008.
Also on July 7,2008, a notice was placed on the Clearwater Police Department's official
web site at notifying the public of Clearwater's intention to
submit a JAG grants application and inviting public comment.
Janet Skinner
Grants Coordinator
Item # 31
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve acceptance of a FY 2008 Department of Justice, Bureau of Justice Assistance (DOJ/BJA) grant in the amount of $99,730
for a one-year period to fund the Clearwater Area Task Force on Human Trafficking Immersion Training Project. (consent)
SUMMARY:
1. On October 18,2006, the City Council approved the acceptance of the Clearwater Police Department's (CPD) Law
Enforcement Task Forces and Services for Human Trafficking Victims Grant from DOJ/BJA. In less than two years, the
Clearwater Area Task Force on Human Trafficking (CATFHT) has come to be recognized as a model program by DOJ/BJA.
2. As a result, CA TFHT has been invited by DOJ/BJA to serve as a Human Trafficking Task Force Leadership and "Immersion
Training" Site. The purpose of this grant is to promote visits by other Human Trafficking Task Forces to Clearwater in order to
help them work more effectively in identifying and rescuing victims of human trafficking, and prosecute traffickers. The grant is
awarded to cover any expenses in time and equipment incurred by the City and its non-profit partners to deliver the immersion
training.
3. It is anticipated that the work associated with this grant project will be multi-faceted in scope and delivery and goes beyond
the scope of CA TFHT' s current human trafficking grant project and funding. The work includes, but is not limited to, the
following: (1) assist in the original development of subject matter content for the immersion learning process; (2) assist in the
identification of "best practices" that a new or existing Human Trafficking Task Force might want to consider as part of a model
task force implementation; and, (3) serve as a training location for selected task forces identified by DOJ/BJA and provide intense
training to selected attendees in the form of mentoring, coaching, advising and demonstration of successful practices.
4. All supplies, equipment, overtime and contractual services will be utilized to perform the above-referenced tasks and is in
line with suggested DOJ/BJA budget line items for this project. Per DOJ/BJA directives, CPD is required to utilize a portion of the
grant funds to reimburse the non-governmental organizations that are participating in the project and CATFHT. This includes the
YWCA of Tampa Bay, World Relief, Gulfcoast Legal Services, and the St. Petersburg Regional Community Policing Institute
(RCPI).
5. Costs associated with this project will include: overtime for police officers; travel expenses; two laptop computers; an LCD
projector; video teleconferencing system; speaker phone system; fax machine; wireless microphone system; miscellaneous office
supplies (paper, pens, etc.); printing/graphics of pamphlets/information cards; vehicle rental; update of CATFHT website; and
contractual services provided by the YWCA, World Relief, Gulfcoast Legal Services, and RCPI. The two laptop computers to be
purchased will be donated to the YWCA and World Relief, as arranged through Clearwater's Information Technology Department.
6. Contractual agreements between the City of Clearwater and the YWCA of Tampa Bay; World Relief Tampa; Gulfcoast
Legal Services; and RCPI have been prepared. Copies of the agreements will be available for review in the Office of Official
Records and Legislative Services.
7. Special Project No. 181-99268 has been established to account for the grant expenditures. There is no match and there are no
additional FTE's associated with this grant.
Type:
Current Year Budget?:
Operating Expenditure
None
Budget Adjustment:
None
Cover Memo
Budget Adjustment Comments:
Item # 32
Current Year Cost:
Not to Exceed:
-0-
Annual Operating Cost:
Total Cost:
For Fiscal Year:
2008 to 2009
Appropriation Code
181-99268
Review Approval: 1) Clerk
Amount
$99,730
Appropriation Comment
Cover Memo
Item # 32
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Contract (Blanket Purchase Order) for $250,000 to Wingfoot Commercial Tire of Clearwater, FL for the purchase of
Goodyear tires for City Motorized equipment per piggyback of Florida State Contract #863-000-06-1 and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
This blanket purchase order covers the purchase of several sizes of tires for use on all City vehicles.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Purchase
Yes
Budget Adjustment:
None
$250,000
Annual Operating Cost:
Total Cost:
$250,000
9/1/08 to 8/31/09
Appropriation Code
566-06611-550700-519-000
Amount
$250,000
Appropriation Comment
BPO
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
No
Bid Number:
Bid Exceptions:
None
Cover Memo
Item # 33
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the amendment of the Capital Improvement Program (CIP) to restructure current Water and Sewer Utility funding by
increasing project budgets by $4,016,791.00 of planned FY09 revenue bond proceeds and decreasing project budgets by
$4,016,791.00 of operating revenues for a net change of zero. (consent)
SUMMARY:
On June 19,2008, Ordinance 7913-08 was passed increasing water, lawn water, reclaimed water and sewer rates by 7% beginning
October 1, 2008, with additional 7% increases effective October 1, 2009, and 2010. Also included are 6% increases to become
effective on October 1, 2011, and 2012.
Burton and Associates completed the 2008 water and sewer rate study update, which indicated the need for the rate increases and
also recommended a restructuring of project funding that was previously approved with the CIP budget.
The restructuring is to improve operating cash flows in the Water & Sewer Utility Fund by converting project funding from
unrestricted operating revenues to future bond proceeds.
Resolution 07-28 was passed on October 1,2007, establishing the City's intent to reimburse certain project costs incurred with
future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in the project list
associated with Resolution 07-28.
The 2008 rate study identified a need for bonds to be issued in 2009 of approximately $59,712,000 with $45,483,611 to fund a
portion of the capital projects in existence in FY 2008. The currently approved Water & Sewer CIP project budget for funding with
2009 bond proceeds is only $41,466,820. The following proposed third quarter amendments will bring the CIP project budget into
agreement with the 2008 rate study.
Review Approval: 1) Clerk
Cover Memo
Item # 34
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Item # 34
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Renew a contract (Purchase Order) to Allied Universal Corporation of Miami, FL from September 1,2008 through June 30, 2009
for a total value of $142,450 for Liquid Sodium Hypochlorite; approve a 91 day extension and an increase to an existing purchase
order to Odyssey Manufacturing Co, Tampa, Florida, increasing the value by $65,683.00 for a total amount of $165,043.00 and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
Liquid Sodium Hypochlorite (bleach) is used to disinfect wastewater effluent and aids odor control at the City of Clearwater's
three Water Pollution Control facilities. The City has converted from use of chlorine gas to bleach in order to better protect the
community, environment and operations personnel. While the Northeast Plant has been permanently converted, the Marshall
Street and East Plants are disinfecting with temporary bleach systems, while permanent bleach systems are being
implemented. This staged conversion is driven by the City's ability to fund the improvements associated with the overall
conversion projects at the treatment facilities. This the third and final renewal authorized in the terms of Bid 24-05 to Allied
Universal.
Odyssey Manufacturing Co provides the bleach to the temporary disinfection systems currently in place at the Marshall Street and
East Plants. The current purchase order was set up February 14th, 2008 and will be extended to last throughout the calendar year
(end date of Dec 31, 2008). The remaining conversion schedule is tied to a separate Capital Improvements Project, (City Project
07 -0021- UT, Marshall Street and Northeast APCF Centrifuge Dewatering and Marshall Street and East APCF Hypochlorite
Conversion), prompting the City to have two separate agreements. When the permanent systems are fully functional at all 3 plants,
this commodity will be re-bid.
For the Allied purchase order sufficient budget is planned in the Water & Sewer operating budget request to be brought forward
for FY08/09 WPC Operations, 0421-01351-551000, in the amount of $25,000.
For the Odyssey purchase order sufficient budget is available in the Water & Sewer Utility Fund operating cost center, WPC
Operations, 0421-01351-551000, to fund $21,730 of the current year cost of this contract and is planned in the budget request to be
brought forward for FY08/09 in the amount of $43,953.00
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Operating Expenditure
Yes
Budget Adjustment:
None
90,683.00
90,683.00
2007 to 2009
Annual Operating Cost:
Total Cost:
90,683.00
Appropriation Code
0421-01351-551000-535-000-
0000
0421-01351-551000-535-000-
0000
Amount
25,000.00
Appropriation Comment
see summary section
65,683.00
see summary section
Cover Memo
Item # 35
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
Yes
RFP #24-
05
Bid Number:
Bid Exceptions:
None
Cover Memo
Item # 35
Attachment number 1
Page 1 of 10
1.1 General: The intent and purpose of this specification document (the "Specification")
is for the Contractor to furnish and deliver liquid sodium hypochlorite (12.5 Trade Percent
Available Chlorine) FOB destination in accordance with the American Water Works
Association's (AWW A's) Standard B-300-99 for hypochlorite, except as modified or
supplemented herein, to the City of Clearwater Water and Wastewater Utilities.
1.2 Award: Award will be made to the lowest responsible and responsive bidder meeting
the Specification; price, product quality, safety record, previous performance, reliability and
other factors to be considered. The City of Clearwater will not be responsible for any
transactions between the successful bidder(s) and any public entity that may elect to utilize
this bid.
2.1 Definition: For purposes of this Bid, the term "Bidder" shall be defined as the
company submitting a bid to the City of Clearwater and shall include all subsidiaries,
affiliates, and subcontractors. As such, any requested documentation shall apply to all
subsidiaries and affiliated companies as well as any subcontractors. In the event that a
company is using a subcontractor to either manufacture or deliver the product, the requested
items (e.g., references, terminations, and safety incidents) shall apply to the subcontractor as
well.
2.2 Bid Sample: Each prospective Bidder shall submit a 1500 ml "chilled" sample of their
product representative of their manufacturing process from Bidder's manufacturing facility
which would serve the customer to one of the approved testing laboratories listed in this
Specification for analysis within the past ninety (90) days. The laboratory shall ascertain
whether the Bidder's product is in compliance with this Specification for available chlorine,
% sodium hypochlorite, excess caustic, iron, copper, nickel, chlorate, bromate and suspended
solids (based on Filter Test time). The cost of the analysis shall be borne by Bidder. The
results of the analysis shall be submitted with the Bidder's proposal. Failure to submit a
sample or meet the requirements of the Specification shall result in Bidder being disqualified.
2.3 Other Samples: Further, City of Clearwater reserves the right to take samples from
Bidder's other customers to ensure that the Bidder's sample and delivery equipment is in
compliance with all the requirements of this Specification and such a sample shall be judged
representative of the Bidder's quality. The Bidder shall provide a customer contact and phone
number in either Pasco, Pinellas or Hillsborough County whereby the City of Clearwater may
obtain sample of Bidder's product to check it for compliance with the Specification.
Notwithstanding the foregoing, the City of Clearwater may choose to obtain a sample this
customer or from any of Bidder's customers to ensure compliance with the Specification. In
such event, the City of Clearwater shall bear the cost of any analysis. Based on this
compliance check, failure to meet the requirements of this Specification shall result in Bidder
being disqualified.
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Attachment number 1
Page 2 of 10
2.4 References: Each prospective Bidder shall submit a list of at least ten(l 0) references
to include phone numbers that use or have used its sodium hypochlorite at both water and
wastewater treatment plants in the past three years. The Reference List shall list actual users
at the water and wastewater plants and not purchasing agents. Additionally, each Bidder shall
provide the names of any customers where its contract was terminated early (e.g., debarred)
for safety, quality, or service issues for any product it supplies over the past five years. The
Bidder shall also provide a detailed listing of all accidents, incidents, releases, spills, vehicle
accidents involving death or injury and National Response Center Notifications ("safety
incidents") for all chemicals it delivers or manufacturers for the past five (5) years. Failure to
disclose references, terminations, or safety incidents will result in Bidder being disqualified
from bidding on this product.
2.5 Emergency Plans: As part of its Emergency Preparedness Planning and Spill
Response Plan, each prospective Bidder shall submit a list with 24-hour access phone
numbers of at least two degreed engineers (preferably Chemical Engineers) listing their
degree, college or university and year of graduation, experienced in sodium hypochlorite
operations to provide emergency support services on a 24/7 basis in the event of a spill,
equipment failure or other emergency. Failure to submit this list including its specific
requirement will result in Bidder being disqualified.
2.6 Safety and Reliability: As part of assessing the Bidder's reliability and safety record,
the prospective Bidder shall include all regulatory actions including but not limited to, copies
of any fines, correspondence and consent orders relating to the operation of ALL of its
manufacturing and distribution facilities. Additionally, the Bidder shall submit a copy of its
OSHA Form 300A/300 logs for the past three years (if the Bidder utilizes a third party driving
company or affiliated company, then they shall submit the OSHA 300 logs for that company
as well). The City of Clearwater may require a site visit to the Bidder's manufacturing and
distribution facilities to assess their safety and reliability as part of the bid evaluation process.
3.1 Term: The initial term of the contract for the sodium hypochlorite shall be for two (2)
years ("Initial Term") with up to two (2) one year renewal periods. Each of the renewal
periods is subj ect to mutual agreement and approval by both City of Clearwater and the
Contractor. The effective date of service under this supply agreement shall be June 1,2005.
3.2 Pricing: All pricing shall be in terms of a price per gallon (freight prepaid FOB to
each City of Clearwater facility). The price of the sodium hypochlorite shall be fixed for the
Initial Term of this agreement and shall not be subject to any price escalation or fuel
surcharges (the "Base Price"). If the parties agree to renew the agreement for the first time,
the new price for the first year renewal period shall be the Base Price multiplied by the
cumulative change in the Bureau of Labor Statistics Consumer Price Index (CPI) for the
period of April 1, 2005 though March 31,2007. If the parties agree to renew the agreement
for a second period, the new price for the second year renewal period shall be the price in the
first renewal period multiplied by the cumulative change in the Bureau of Labor Statistics
Consumer Price Index (CPI) for the period of April 1, 2007 through March 31, 2008.
3.3 Payment Terms: NET 30 days.
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Item # 35
Attachment number 1
Page 3 of 10
4.1 Contractor shall make "normal" deliveries within two (2) calendar (i.e., not "working"
days) days after receipt of order and must make "emergency" deliveries within 24
hours. An emergency delivery is defined as a delivery which is necessary in order to
prevent the City of Clearwater from running out of sodium hypochlorite in less than
24 hours. The City of Clearwater shall endeavor to minimize the number of
"emergency" deliveries.
4.2 All deliveries ofliquid sodium hypochlorite shall be freight prepaid, F.O.B. to each
City of Clearwater facility.
4.3 Delivery time of day shall be arranged upon placement of order. Deliveries made to
unmanned facilities must be coordinated with the City of Clearwater so the driver can
gain access to the facility.
4.4 All deliveries ofliquid sodium hypochlorite shall be made by properly cleaned carrier
tank truck to the locations specified in paragraph 5 below.
4.5 Packaging and shipment ofliquid sodium hypochlorite shall conform to all current
regulations of the State of Florida, the United States Department of Transportation and
all other applicable regulatory agencies.
4.6 All delivery personnel must have company cell phones to facilitate deliveries to
unmanned and manned facilities. Experience has shown this to be critical to effective
coordination of deliveries to the various City of Clearwater facilities.
4.7 City of Clearwater reserves the right to change quantities and delivery dates at its
discretion with a 24-hour notice.
4.8 The Contractor shall be responsible for pumping liquid sodium hypochlorite into the
storage tanks at the delivery sites and shall provide all necessary hoses, fittings, air-
padding, pumps, etc. required to safely and efficiently "offload" the liquid sodium
hypochlorite into designated storage tanks. Contractor shall be responsible for
ascertaining the correct storage tanks and fill point locations to prevent accidental
discharge of the product into the wrong storage tank(s).
4.9 The Contractor shall be responsible for any spills resulting from the failure of its or its
subcontractor's delivery equipment or from failure of attendant delivery personnel in
the proper performance of their duties. Proper performance shall require attendant
delivery personnel's constant inspection and observation of unloading operations and
knowledgeable response to problems or emergencies, which would most commonly be
expected to occur. The City of Clearwater reserves the right to refuse any and all
deliveries made with equipment that is poorly maintained and/or leaking sodium
hypochlorite.
4.10 The tanks or trailers shall be clean and free of residue that may contaminate the
Contractor's product or impede the unloading process. It is the Contractor's
responsibility to verify the cleanliness of the transporting equipment before loading.
3
Item # 35
Attachment number 1
Page 4 of 10
All appurtenant valves, pumps, and discharge hoses used for the delivery of sodium
hypochlorite shall be supplied by the Contractor and shall be clean and free from
contaminating material. The City of Clearwater may reject a load if the equipment is
not properly cleaned. Contractor shall furnish the City of Clearwater an approved,
leak-free connection device between the trailer and its intake receptacle. The
Contractor shall observe the entire filling operation at each delivery site and shall
immediately report any spills caused during the filling operations. The Contractor
shall take immediate and appropriate actions to clean up any spilled liquid sodium
hypochlorite. If the spill is not cleaned up, the City of Clearwater will hire a certified
hazardous material handling company to clean up the spill, and the cost of such
service will be charge to the Contractor and deducted from the amount due to the
Contractor. If the City of Clearwater's unloading equipment such as pipe, valves or
level indication and alarms should fail and the spillage is not the fault of the
Contractor or its subcontractor, the Contractor shall be relieved of cleanup of the spill.
4.11 Because of security and safety concerns, all delivery vehicle drivers shall be U. S.
citizens and have a proper commercial driver's license with a Hazardous Material
endorsement. Contractor's drivers shall display its driver's license and whenever
challenged by the City of Clearwater during the delivery. In addition, Contractor shall
supply the City of Clearwater a "CD" with digital photographs of all of its delivery
drivers with names imposed and shall send out an updated CD within 24 hours of any
changes to its drivers. The City of Clearwater shall use the CD to verify whether
driver is actually an employee of the Contractor. Failure to show proper license or
failure of driver to be listed on the CD provided to the City of Clearwater shall result
in rejection of delivery and subsequent possible termination of the Contractor's supply
agreement.
4.12 Delivery Shipments shall be rejected which fail to meet any of the requirements of the
Specification. In the event a delivery shipment is rejected, upon notification to the
Contractor that the shipment is rejected, Contractor shall be required to ship a
replacement delivery to the affected location within four (4) hours from time of
notification. Failure to provide replacement product that meets the Specification
within the specified time period will constitute failure to comply with the delivery
requirements set forth in this document.
5.1 Delivery sites and quantities are subject to deletions or additions as necessary to meet
the water production demands of the City of Clearwater and its Member Governments.
5.2 Split deliveries to multiple locations will be coordinated and accepted by the City of
Clearwater to encourage economical delivery of product via bulk tankers dependent on
storage capacities at time of delivery.
5.3 Liquid Sodium Hypochlorite consumption at each location is an estimate only and the
City of Clearwater shall not be bound by these amounts in its contract with Contractor.
5.4 Delivery Locations:
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Item # 35
Attachment number 1
Page 5 of 10
LOCA TION STORAGE CAPACITY ESTIMA TED ANNUAL
QUANTITY
East WWT Plant 850 GALLONS 6,000 GALLONS
3141 Gulf to Bay Blvd.
Clearwater, FL 33756
NE WWT Plant 20,000 GALLONS 180,000 GALLONS
3290 S.R. 580
Clearwater, FL 34695
6.1 Hypochlorite supplied under this contract shall be tested and certified as meeting the
Specification, the A WW A Standard B300-99 and those of the American National
Standards InstituteINational Sanitation Foundation Standard 60 (ANSI/NSF Standard
60), Drinking Water Treatment Chemicals Health Effects.
6.2 It is the responsibility of the Contractor to inform the City of Clearwater that its NSF
or UL certification has been revoked or lapsed within 24 hours of the time the supplier
receives verbal or written notification. Loss of certification shall constitute sufficient
grounds for immediate termination of the contract between City of Clearwater and
Contractor.
6.3 Liquid sodium hypochlorite delivered under this Specification shall have a minimum
of 120 Grams per Liter (GPL) available chlorine equivalent (a.k.a., 12.0 Trade Percent
Available Chlorine) and shall be consistent as determined by chemical analysis.
6.4 Product shall be a clear straw colored liquid with no visible cloudiness, impurities, or
sediment. It shall contain no soluble materials or organic substances in quantities
capable of producing deleterious or injurious effects on the health of those consuming
water treated with the liquid sodium hypochlorite.
6.5 Liquid sodium hypochlorite delivered under this Specification shall have a minimum
of 0.15 percent by weight sodium hydroxide and a maximum of 0.40 weight percent
sodium hydroxide.
6.6 Liquid sodium hypochlorite delivered under this contract shall meet the following
containment concentration limits:
Iron < 0.3 mg/L
Copper < 0.03 mg/L
Nickel < 0.03 mg/L
Chlorate < 2,000 mg/L
Bromate :S 20 mg/L
6.7 The delivery time of the shipment shall not exceed 72 hours from the time of
manufacture of the liquid sodium hypochlorite.
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Item # 35
Attachment number 1
Page 6 of 10
6.8 The suspended solids in the sodium hypochlorite delivered under this contract shall be
minimized and the shipments delivered shall achieve a filtration time ofless than 3
minutes for 1000 ml when applying the
,. Method co-developed by Dr. Bernard Bubnis of
NovaChem and previously referenced in this Specification.
7.1 Sampling and Testing
7.1.1 All Sampling and Testing shall be in accordance with EP A and A WW A B300-
99 standards and in accordance with the documents titled: "
, distributed by Powell Fabrication and
Manufacturing, Inc. and available at
7.1.2 The approved laboratories are listed below for all sampling and testing whether
during the bidding period or after award. No other Laboratory shall be used
unless expressly authorized as an Addendum to the bid issued by City of
Clearwater amending the Specification or an amendment to the contract
between the City of Clearwater and Contractor.
NovaChem Laboratories (formerly Novatek)
5172 College Comer Pike
PO Box 608
Oxford, Ohio 45056
Ph: 513-523-3605
Fax: 513-523-4025
Southern Analytical Lab
11
Oldsmar, Florida 33677
Ph: 813-855-1844
Fax: 813-855-2218
Attn: Patty
7.1.3 Sampling and Testing Prior to Unloading: The Contractor's delivery trailer
shall have a sample port to provide a sample for analysis. At the sole
discretion of the City of Clearwater, the Contractor's delivery personnel
(driver) may be asked to provide a sample ofliquid sodium hypochlorite
before the shipment is unloaded. The City of Clearwater will supply the
sample container and the driver shall collect the sample from the tank truck
and turn it over to the City of Clearwater. The sample shall be considered
representative of the lot. The City of Clearwater reserves the right to subject
samples of the liquid sodium hypochlorite to quick analyses to ensure that it
meets basic conditions of the specification with respect to specific gravity,
weight percent of sodium hypochlorite, sodium hydroxide, and suspended
solids. Any lot tested by City of Clearwater that fails to comply with the
Specification shall constitute grounds for rejection of that lot. No payment
shall be made for hypochlorite that is rejected. The Contractor or its
subcontractors shall allow 60 minutes for this testing to be completed. If
testing can not be completed within the 60-minute period, the City of
Clearwater shall allow the Contractor to unload the shipment. In the event that
the load is rejected, the Contractor shall have four (4) hours to supply another
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Item # 35
Attachment number 1
Page 7 of 10
shipment. In the event that the Contractor is unable or unwilling to supply
another shipment within this time period, the City of Clearwater has the right
to procure a shipment from another source and this will failure to deliver shall
constitute a second rejection. Three rejections of a lot or shipment during any
period of this contract shall constitute automatic termination of the
Contractor's supply contract with the City of Clearwater.
7.1.4 Sampling and Test of Shipment After Unloading. The City of Clearwater
reserves the right to subject samples of the liquid sodium hypochlorite to
complete analyses to ensure that it meets EP A specifications, A WW A B300-99
specifications, and the Specification. Three failures during any period of this
contract shall constitute automatic termination of the Contractor's supply
contract with the City of Clearwater.
7.1.5 Certified Analysis. Contractor shall supply an affidavit, signed by a corporate
designated official, certifying that the liquid sodium hypochlorite furnished by
the Contractor, complies with all applicable requirements of this Specification
and A WW A Standard B300-99, latest revision. The affidavit shall also
indicate compliance with Water Chemicals Codex directives, latest revision,
for impurity limits.
7.2 Manufacturer's Laboratory Delivery Reports
7.2.1 A certified report from the manufacturer shall be submitted for each liquid
sodium hypochlorite delivery to the City of Clearwater.
7.2.2 The report shall contain the following data:
. Date and Time of Manufacture
. Percent by Weight Sodium Hypochlorite
. Percent by Weight Excess Sodium Hydroxide
. Specific Gravity (Referenced to a temperature)
. Suspended Solids Test Time
7.2.3 No deliveries will be accepted by the City of Clearwater unless accompanied
by said certified laboratory report for the specific batch of liquid sodium
hypochlorite delivered showing the above data and that it conforms to the
Specification. Regardless of whether at different delivery sites, failure to
comply with this provision three (3) times during the contract period shall
constitute sufficient grounds for termination of the contract between the City of
Clearwater and Contractor.
7.3 Quarterly Reports
7.3.1 At the start of the contract and every 90 days, the Contractor shall utilize
one of the approved testing agencies listed in this Specification to
analyze a sample of the liquid sodium hypochlorite delivered to the City
of Clearwater. The Contractor shall supply the sample container and the
driver shall collect the sample from the tank truck. This sample will be
given to the City of Clearwater at the time of the sample and City of
7 Item # 35
Attachment number 1
Page 8 of 10
Clearwater shall forward the sample to the approved authorized testing
agency. Any failure to comply with the Specification shall constitute
grounds for cancellation of the contract between the City of Clearwater
and Contractor.
7.3.2 Charges for the manufacturer's certified report and all quarterly reports
by outside testing agencies should be included in the bid price.
8.1 Contractor Safety Requirements
8.1.1 Contractor must ensure delivery personnel's compliance with all OSHA
requirements, including personal protective equipment for Contractor
delivery personnel, including without limitation chemical goggles,
transparent face shield and hard hat, rubber gloves, rubber boots, and rubber
or plastic-coated fabric apron or slicker suit. Contractor delivery personnel
must wear at minimum, chemical goggles and rubber gloves when handling
hoses and valves.
8.1.2 Contractor delivery personnel must remain within a safe proximity while
the transfer is in progress and continuously monitor for leaking hoses,
connections, or other problems. It is the responsibility of Contractor
delivery personnel to contain leaks and to report any and all spills.
8.2 Material Safety Data Sheets. In compliance with Chapter 442 Florida Statutes, any
chemical delivered form a Contractor, must be accompanied by a Material Safety Data
Sheet (MSDS). The MSDS must be maintained by the user agency and must include
the following information:
. The Chemical Name and the common name of the toxic substance
. The hazards and other risks in the use of the toxic substance, including:
The potential for fire, explosion, corrosivity and reactivity;
The known acute and chronic health effects of risks from exposure, including
the medical conditions which are generally recognized as being aggravated by
exposure to the toxic substance; and
The primary routes of entry and symptoms of overexposure.
. The proper precautions, handling practices, necessary personal protective
equipment, and other safety precautions in the use of, or exposure to, the toxic
substances, including appropriate emergency treatment in the case of
overexposure.
. The emergency procedure for spills, fire, disposal and first aid.
. A description, in lay terms, of the known specific potential health risks posed by
the toxic substance intended to alert any person reading this information.
. The year and month, if available, that the information was complied and the name,
address, and emergency telephone number of the manufacturer responsible for
preparing the information.
. Any questions regarding this requirement shall be directed to:
Department of Labor and Employment Security
8
Item # 35
Attachment number 1
Page 9 of 10
Bureau of Industrial Safety and Health
Toxic Waste Information Center
2551 Executive Center, Circle West
Tallahassee, Florida 32301-5014
Phone: 800/367-4378
8.3 Emergency Plan of Action and Safety Training
8.3.1 Within 30 days of award and acceptance of the contract for the supply of liquid
sodium hypochlorite, the Contractor shall provide in writing, an emergency
contingency plan, with appropriate telephone contacts, for the City of
Clearwater to follow in case an emergency supply of liquid sodium
hypochlorite is needed. The Contractor shall supply in writing, an emergency
spill response plan with appropriate emergency response personnel names (to
include at least two degreed engineers who live within ninety miles of
Clearwater) and telephone contact numbers (24-hour contact numbers) within
30 days of award and acceptance of the contract to supply liquid sodium
hypochlorite. In addition, the proper spill response notification procedure,
along with any forms required by all local, state or federal regulatory agencies,
shall be supplied by the Contractor. This section in no way relieves the
Contractor of his responsibility to notify the proper regulatory agencies in the
event of a spill incident. In the event of a spill or leak, the Contractor shall
supply the necessary personnel (including one degreed engineer) to
immediately respond to such an event, to work with the local Hazardous
Materials Response Team and to manage and oversee "After Event" cleanup
efforts. Should a spill or leak occur, caused by Contractor's personnel,
equipment or method of delivery, Contractor shall immediately comply with
all applicable terms and conditions of the current version of Title III,
Superfund Amendments and Reauthorization Act of 1986,42 U.S.C.S. 11001,
et seq. (SARA) and the Florida Hazardous Materials Emergency Response and
Community Right to Know Act of 1988, Chapter 252, Part II, Florida Statutes.
The responsibility for compliance with Federal and State rules and regulations
regarding Contractor caused spills or releases shall be the sole responsibility of
Contractor. The Contractor shall indemnify and hold the City of Clearwater
harmless for any failure to properly report and lor comply with this provision.
In addition, Contractor shall bear all expenses of spills, unless caused by the
sole negligence of the City of Clearwater.
8.3.2 Safe Handling Training. The Contractor shall provide an appropriate safe
handling training course for liquid sodium hypochlorite within the first month
of the contract, to all current City of Clearwater operations personnel and shall
be available to conduct "refresher" courses or new employee training at six (6)
month intervals during the contract period. The Contractor shall provide this
assistance at no charge to the City of Clearwater.
8.3.3 Technical Assistance. The Contractor shall provide engineering and technical
assistance, as needed, regarding the application of its product and disposal and
handling of residues and sludge's produced by the application of liquid sodium
hypochlorite in the water and wastewater treatment process. This expertise
9
Item # 35
Attachment number 1
Page 10 of 10
shall extend to the application of all other chemicals used by the City of
Clearwater in its water treatment and wastewater treatment plants. The
Contractor shall provide this assistance at no charge to the City of Clearwater.
In addition to the various statements in this Specification stating the grounds for automatic
termination of the Contractor's contract to supply liquid sodium hypochlorite to the City of
Clearwater, and in addition to any other remedies, including the right to obtain cover and
charge Contractor for the costs of cover, Contractor's failure to comply with this
Specification three (3) times over the duration of this contract shall constitute sufficient
grounds for termination of the contract by the City of Clearwater. These failures any three
of which can result in termination of the contract, include, but are not limited to, failure to
deliver in a timely manner, failure to deliver with proper equipment, failure of the liquid
sodium hypochlorite to meet the Specification at anytime, failure to provide a certificate of
analysis, failure to comply with the safety and OSHA requirements of the Specification,
failure to provide drivers with company cell phones, failure to provide licensed drivers listed
on the Contractor's CD, failure to provide updated CD's with a driver's list, failure to
provide requested technical assistance and/or training and failure to respond in a timely
manner to any City of Clearwater emergency.
s
The Bidder shall ensure the following information is included in their proposals:
. Pricing for the Sodium Hypochlorite
. Third Party Laboratory Analysis of Sodium Hypochlorite Sample
. List of References (Ten)
. List of Degreed Engineers (Two)
. List of Subcontractors or Affiliates
. List of Safety Incidents (Last Five Years)
. List of TerminationslDebarments (Last Five Years)
. Copy of OSHA Form 300A/300 logs (Last Three Years)
. Other Information on Company
. Contact Information to Obtain Product Sample
. Copies of any fines, correspondence and consent orders relating to the operation of ALL
of its manufacturing and distribution facilities.
. Any Exceptions Taken to the Specification (Any of which may result in Bidder's
di squalifi cati on)
10
Item # 35
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Item # 35
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Set IAFF Impasse Hearing for September 18, 2008 at 9:00 a.m. (consent)
SUMMARY:
Meeting Date: 8/7 /2008
Review Approval: 1) Clerk
Cover Memo
Item # 36
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve amendments to Code Section 2.527, Settlement of Claims, and pass Ordinance 7964-08 on first reading.
SUMMARY:
Risk Management is recommending that the settlement ordinance be modified to streamline the City's ability to settle claims under
$25,000.
It increases Risk Management's authority to $7,500 and $15,000 for Risk and Legal, and $25,000 for City Manager, Risk
Management and Legal.
It does not change the level in which Council approval is required; such level shall remain at $25,000.
Additionally, and regardless of the amount, the proposed ordinance will not require Council approval if the settlement is
being made from insurance proceeds and not City funds.
Review Approval: 1) Clerk
Cover Memo
Item # 37
Attachment number 1
Page 1 of 2
ORDI NANCE NO. 7964-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE PROCEDURES TO
SETTLE CLAIMS THROUGH THE CITY'S SELF-
INSURANCE PROGRAM; CHANGES THE
PARAMETERS AND PROCEDURES FOR
SETTLING MINOR CLAIMS; PROVIDES THAT
STAFF CONTINUE SETTLEMENT AUTHORITY TO
$25,000 AND COUNCIL MUST CONTINUE TO
APPROVE SETTLEMENTS FOR WHICH THE CITY
MUST PAY MORE THAN $25,000.
WHEREAS, the settlement procedures as set forth in this ordinance are
made clearer and less cumbersome and increasing authority of smaller claims to
allow for inflation, while maintaining the same level of Council approval for more
significant claims.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 2.527, Settlement of Claims, be amended to read:
Sec. 2.527. Settlement of claims.
(1) Claims by the city. The city manager is authorized to settle and release,
on behalf of the city, any claim or lawsuit in favor of the city wherein the
amount alleged to be due to the city does not exceed $10,000.00
provided, however, if the amount alleged to be due to the city exceeds
$2,000.00, the city manager shall first consult with the city attorney and
such other city employees as the city manager may deem appropriate
before making any settlement of such claim.
(2) Claims against the city. The city manager is authorized to settle on behalf
of the city any claim against the city wherein the amount to be paid in
settlement does not exceed $10,000.00, including costs and attorney's fees;
provided, however, if the amount to be paid in settlement exceeds $2,000.00,
the city manager shall first consult with the city attorney and such other city
employees as the city manager may deem appropriate before making any
settlement of such claim.
ill The City Manaqer or his/her desiqnee is authorized to settle and release,
on behalf of the City, any claim or lawsuit both for and aqainst the City, up
to and includinq $25,000: provided, however, that any settlement that
exceeds $7,500 shall be reviewed by the City Attorney and/or desiqnee
- 1 -
Ordinance 796fteffi # 37
Attachment number 1
Page 2 of 2
and any claim that exceeds $15,000 shall require unanimous written
concurrence of the City Manaqer, City Attorney and Risk Manaqer or their
desiqnees.
{JfillDelegation of settlement authority. The city manager may delegate the
authorization to settle claims pursuant to subsection (1) of this section to
other city employees as the city manager may deem appropriate. The city
attorney may delegate to an assistant city attorney the function of consulting
with the city manager regarding the settlement of claims pursuant to this
section.
(1) Maximum settlement authority. The city manager, with the unanimous
written concurrence of the city attorney, the city's risk manager, and the
service agent, is authorized to settle on behalf of the city and authorize
payment of any claim against the city wherein the amount to be paid in
settlement does not exceed $25,000.00, including costs and attorney's fees.
(5) City commission Council approval of settlements. Any proposed
settlement of any claim resultinq in non-reimbursed expenditure of City funds
for or against the city that exceeds $25,000, the authority granted pursuant to
this section or in section 2.615 shall first be approved by the city commission
council before the settlement can become final and binding upon the city.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Paul Richard Hull
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
- 2 -
Ordinance 796fteffi # 37
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve amendments to the City's self-insurance program ordinance as codified in Section 2.641-2.647 and pass Ordinance 7965-
08 on first reading.
SUMMARY:
Risk Management and Finance is recommending that the self-insurance program ordinance be modified to clarify language and
reflect changes in procedures that have occurred since the ordinance's inception.
The proposed ordinance reflects the self-administered status of the City and clarifies the use of in-house adjusters and
servicing agents as necessary to settle claims. . It updates the name of the insurance reserve fund to the central insurance fund
and removes language having to do with how the central insurance fund monies are invested, as this is now addressed in the City's
investment policy.
It removes the minimum $50,000 amount required in the central insurance fund before the City Manager or his/her designee,
opts to self-insure an exposure.
Type:
Current Year Budget?:
Debt-Bond
None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
to
Review Approval: 1) Clerk
Cover Memo
Item # 38
Attachment number 1
Page 1 of 3
ORDINANCE NO. 7965-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING SECTION 2.641-2.647: SELF-
INSURANCE PROGRAM, RELATING TO PROCEDURAL
CHANGES AND NAME CHANGES; PROVIDING AN
EFFECTIVE DATE:
WHEREAS, the self-insurance program ordinance has become outdated and
there have been procedural and name changes that should be reflected in the
ordinance; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Sections 2-641 to 2.647 are amended to read:
Sec. 2.641. Purpose.
It is declared to be the policy of the city that the city shall, wholly or in part, carry its own
insurance risks in order to effect savings on premiums heretofore paid to insurance
companies.
Sec. 2.642. Reserve fund-Established.
A fund to be known as the fund of the city is hereby established. The city manager is
directed to request authority from the city commission council for the transfer of money
to such fund from time to time, as needed.
Sec. 2.643. Same-Disposition; withdrawals':'T in'.'estments
f4i The central insurance reserve fund shall be accounted for deposited in some
bank in the city and shall be kept entirely separate and distinct from all other
funds belonging to the city. The city manager or the service agent his/her
desiqnee and the servicinq aqent. if one is used, shall have authority to make
withdrawals from the insurance reserve fund, but every such withdrawal shall first
be authorized in writing. to pay expenses related to claims both for and aqainst
the City from the central insurance fund. Surplus moneys in the central
insurance reserve fund may be invested in accordance with the City's investment
policy. United States government bonds or in bonds of the city, but all such
bonds shall be kept separate from all other securities owned by the city and shall
be distinctly earmarked as belonging to the insurance reserve fund.
- 1 -
Ordinance 796B:ela # 38
Attachment number 1
Page 2 of 3
(2) The service agent is authorized to establish a bank trust account to receive
funds transferred from the insurance reserve fund, which funds are to be used for the
payment of claims.
Sec. 2.644. Servicing agent; claims management.
The city manaqer, at his/her discretion, may sAal-I obtain the services of a person or
agency to function as servicing agent for the city in its self-insurance program or use in-
house adiusters to administer the self-insurance proqram. The servicing agent and/or
in-house adjusters shall be responsible for a program of claims management, including
the administration of such a program. and a program of loss prevention.
Sec. 2.645. Payment of claims.
As part of the claims management program, the servicing agent and/or in-house
adiusters shall have authority to settle and pay claims not to exceed the sum set forth
as a limitation of settlement authorization in Section 2.527. in the annual service
agreement between the city and the service agent.
Sec. 2.646. Report of losses.
Whenever a claim loss occurs, it shall be the duty of the head of the department in
which the claim loss occurs to report the loss to Risk Manaqement. the service agent in
writing. Such report shall give may include full details concerning the loss, including any
reports, pictures, statements or other data and shall include as well as an estimate of
the value of such claim loss. Each report of claim loss shall be kept on file at the city
hall for a period of one year after it has been acted on and may thereafter be processed
in accordance with the schedule for handling public records.
Sec. 2.647. Authority of city manager to reduce or cancel insurance.
The city manager or his/her desiqnee is authorized, beginning with the first fiscal year
following institution of the self insurance program by the city, to reduce the amount of
fire, windstorm, liability, worker:.ss' compensation, and other insurance carried by the
city, and to continue to make such reductions as the central insurance reserve fund is
increased. The city manager is authorized to use his/her discretion in making such
reductions, and may reduce the amounts of some types of insurance carried by the city
or may cancel some types altogether, as he/she thinks best ; provided, however, the
city shall not be perm itted to be without insurance protection of any kind except when
the insurance reserve fund amounts to $50,000.00 or more.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
2
Ordinance ~-#ffi8
FINAL READING AND ADOPTED
Approved as to form:
Paul Richard Hull
Assistant City Attorney
Attachment number 1
Page 3 of 3
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
3
Ordinance ~-#ffi8
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize the Negotiated Sale of not to exceed $12,900,000 City of Clearwater Improvement Revenue Bonds, Series 2008 to
Branch Banking and Trust Company (BB&T) to finance a portion of the project costs incurred to construct the Downtown Boat
Slips and Beach Walk and adopt Resolution 08-17.
SUMMARY:
The Council previously adopted resolutions 06-08 and 07 -13 establishing the intent to reimburse certain project costs incurred to
construct Beach Walk and the Downtown Boat Slips with the proceeds from future tax-exempt financing.
Raymond James and Associates, Inc., the City's Financial Adviser has determined the most favorable financing vehicle currently
available is a negotiated bank loan.
An RFP was issued on July 1,2008 to solicit interested banks and financial institutions to provide the loan and we received three
(3) competitive proposals. These proposals were compared to what we could expect from a traditional bond sale to insure that we
are using the best financing option. A spreadsheet laying out the proposals and comparison to a traditional bond is attached.
Branch Banking and Trust Company (BB&T) submitted the proposed loan package that provides for the most advantageous
financing option for the City.
The loan will be for $12.9 million at 4.66% fixed rate interest repaid over 20 years.
The Beachwalk portion of the debt payments will be paid from the General Fund and has a maximum annual debt payment
of $295,630. The preliminary 2009 budget includes $315,000 for the Beachwalk debt payment.
The Boat Slips portion of the debt payments includes 2 years of capitalized interest (borrow 2 years of interest payments as well as
the cost of construction) and has no principal payment until the 3rd year. This is to enable the construction of the boat slips and
start up of the operation prior to beginning to repay the debt. The maximum annual debt payment is $763,668. These debt
services payments will be made from the Downtown Boat Slips Enterprise Fund from revenue generated from the Boat Slips. I
have attached an updated proforma schedule for Downtown Boat Slips, showing the slips in operation for 3 months in FY09
(expected opening July 2009) and including the updated debt payments. This schedule shows an average of over $222,000 net
income (cash basis) over the course of the 40 year expected life.
The Enterprise Fund, as well as appropriate debt service funds will be established at the time the bonds are issued. An agenda item
will be brought forward to the Council in FY09 requesting the establishment of the appropriate budget in the Boat Slip Enterprise
Fund and FTE's to operate the boat slips when we get closer to the completion of construction and a firm date for the opening of
the facility.
The Resolution (and related exhibits) are attached as well as the debt service schedules.
Closing on these bonds is anticipated to be on August 12,2009.
Type:
Current Year Budget?:
Debt-Bond
Yes
Budget Adjustment:
Yes
Budget Adjustment Comments:
Cover Memo
Current Year Cost:
Not to Exceed:
Annual Operating Cost:
Total Cost:
Item # 39
For Fiscal Year:
Review Approval: 1) Clerk
to
Cover Memo
Item # 39
TABLE OF CONTENTS
City of Clearwater, Florida (BB&T)
2008 Boatslip & Beachwalk Financing
Report
Sources and Uses of Funds
Bond Pricing
Bond Debt Service
Net Debt Service
Bond Summary Statistics
Cost of Issuance
Sources and Uses of Funds
Bond Pricing
Bond Debt Service
Net Debt Service
Bond Summary Statistics
Sources and Uses of Funds
Bond Pricing
Bond Debt Service
Net Debt Service
Bond Summary Statistics
Attachment number 1
Page 1 of 17
Page
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
Item # 39
(Finance 6.006 beachwalk analysis:2008FIN)
SOURCES AND USES OF FUNDS
City of Clearwater, Florida (BB&T)
2008 Boatslip & Beachwalk Financing
2008VII 2008VI2 Total
9,135,000.00 3,765,000.00 12,900,000.00
9,135,000.00 3,765,000.00 12,900,000.00
2008VII 2008VI2 Total
8,250,000.00 8,250,000.00
3,750,000.00 3,750,000.00
8,250,000.00 3,750,000.00 12,000,000.00
838,374.78 838,374.78
44,560.00 15,000.00 59,560.00
2,065.22 2,065.22
9,135,000.00 3,765,000.00 12,900,000.00
Sources:
Bond Proceeds:
Par Amount
Uses:
Project Fund Deposits:
Boatslip Project Fund
Beach Walk Project Fund
Other Fund Deposits:
Capitalized Interest Fund
Delivery Date Expenses:
Cost of Issuance
Other Uses of Funds:
Additional Proceeds
Attachment number 1
Page 2 of 17
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
Item # 39
(Finance 6.006 beachwalk analysis:2008FIN) Page I
BOND PRICING
City of Clearwater, Florida (BB&T)
2008 Boatslip & Beachwalk Financing
Bond Component
Maturity
Date
Serial Bond:
08/0112009
08/011201 0
08/0112011
08/0112012
08/0112013
08/0112014
08/0112015
08/0112016
08/0112017
08/0112018
08/0112019
08/0112020
08/0112021
08/0112022
08/0112023
08/0112024
08/0112025
08/0112026
08/0112027
08/0112028
Dated Date
Deli very Date
First Coupon
Par Amount
Original Issue Discount
Production
Underwriter's Discount
Purchase Price
Accrued Interest
Net Proceeds
Amount Rate Yield Price
115,000 4.660% 4.660% 100.000
125,000 4.660% 4.660% 100.000
465,000 4.660% 4.660% 100.000
485,000 4.660% 4.660% 100.000
505,000 4.660% 4.660% 100.000
535,000 4.660% 4.660% 100.000
555,000 4.660% 4.660% 100.000
580,000 4.660% 4.660% 100.000
610,000 4.660% 4.660% 100.000
635,000 4.660% 4.660% 100.000
670,000 4.660% 4.660% 100.000
700,000 4.660% 4.660% 100.000
735,000 4.660% 4.660% 100.000
770,000 4.660% 4.660% 100.000
805,000 4.660% 4.660% 100.000
840,000 4.660% 4.660% 100.000
880,000 4.660% 4.660% 100.000
920,000 4.660% 4.660% 100.000
965,000 4.660% 4.660% 100.000
1,005,000 4.660% 4.660% 100.000
12,900,000
08/12/2008
08/12/2008
02/0112009
12,900,000.00
12,900,000.00 100.000000%
12,900,000.00 100.000000%
12,900,000.00
Attachment number 1
Page 3 of 17
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
Item # 39
(Finance 6.006 beachwalk analysis:2008FIN) Page 2
Attachment number 1
Page 4 of 17
BOND DEBT SERVICE
City of Clearwater, Florida (BB&T)
2008 Boatslip & Beachwalk Financing
Period Bond Total
Ending Principal Coupon Interest Debt Service Balance Bond Value
08/0112009 115,000 4.660% 582,771.84 697,771.84 12,785,000 12,785,000
08/011201 0 125,000 4.660% 595,781.00 720,781.00 12,660,000 12,660,000
08/0112011 465,000 4.660% 589,956.00 1,054,956.00 12,195,000 12,195,000
08/0112012 485,000 4.660% 568,287.00 1,053,287.00 11,710,000 11,710,000
08/0112013 505,000 4.660% 545,686.00 1,050,686.00 11,205,000 11,205,000
08/0112014 535,000 4.660% 522,153.00 1,057,153.00 10,670,000 10,670,000
08/0112015 555,000 4.660% 497,222.00 1,052,222.00 10,115,000 10,115,000
08/0112016 580,000 4.660% 471,359.00 1,051,359.00 9,535,000 9,535,000
08/0112017 610,000 4.660% 444,331.00 1,054,331.00 8,925,000 8,925,000
08/0112018 635,000 4.660% 415,905.00 1,050,905.00 8,290,000 8,290,000
08/0112019 670,000 4.660% 386,314.00 1,056,314.00 7,620,000 7,620,000
08/0112020 700,000 4.660% 355,092.00 1,055,092.00 6,920,000 6,920,000
08/0112021 735,000 4.660% 322,472.00 1,057,472.00 6,185,000 6,185,000
08/0112022 770,000 4.660% 288,221.00 1,058,221.00 5,415,000 5,415,000
08/0112023 805,000 4.660% 252,339.00 1,057,339.00 4,610,000 4,610,000
08/0112024 840,000 4.660% 214,826.00 1,054,826.00 3,770,000 3,770,000
08/0112025 880,000 4.660% 175,682.00 1,055,682.00 2,890,000 2,890,000
08/0112026 920,000 4.660% 134,674.00 1,054,674.00 1,970,000 1,970,000
08/0112027 965,000 4.660% 91,802.00 1,056,802.00 1,005,000 1,005,000
08/0112028 1,005,000 4.660% 46,833.00 1,051,833.00
12,900,000 7,501,706.84 20,401,706.84
Item # 39
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
(Finance 6.006 beachwalk analysis:2008FIN) Page 3
Period
Ending
NET DEBT SERVICE
City of Clearwater, Florida (BB&T)
2008 Boatslip & Beachwalk Financing
Total
Debt Service
Capitalized
Interest Fund
Attachment number 1
Page 5 of 17
Net
Debt Service
08/0112009
08/011201 0
08/0112011
08/0112012
08/0112013
08/0112014
08/0112015
08/0112016
08/0112017
08/0112018
08/0112019
08/0112020
08/0112021
08/0112022
08/0112023
08/0112024
08/0112025
08/0112026
08/0112027
08/0112028
697,771.84
720,781.00
1,054,956.00
1,053,287.00
1,050,686.00
1,057,153.00
1,052,222.00
1,051,359.00
1,054,331.00
1,050,905.00
1,056,314.00
1,055,092.00
1,057,472.00
1,058,221.00
1,057,339.00
1,054,826.00
1,055,682.00
1,054,674.00
1,056,802.00
1,051,833.00
412,683.78
425,691.00
285,088.06
295,090.00
1,054,956.00
1,053,287.00
1,050,686.00
1,057,153.00
1,052,222.00
1,051,359.00
1,054,331.00
1,050,905.00
1,056,314.00
1,055,092.00
1,057,472.00
1,058,221.00
1,057,339.00
1,054,826.00
1,055,682.00
1,054,674.00
1,056,802.00
1,051,833.00
20,401,706.84
838,374.78
19,563,332.06
Item # 39
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
(Finance 6.006 beachwalk analysis:2008FIN) Page 4
BOND SUMMARY STATISTICS
City of Clearwater, Florida (BB&T)
2008 Boatslip & Beachwalk Financing
Dated Date
Delivery Date
Last Maturity
08/12/2008
08/12/2008
08/01/2028
Arbitrage Yield
True Interest Cost (TIC)
Net Interest Cost (NIC)
All-In TIC
Average Coupon
4.660168%
4.660168%
4.660000%
4.711565%
4.660000%
Average Life (years)
Duration ofIssue (years)
12.479
9.223
Par Amount
Bond Proceeds
T otallnterest
Net Interest
Total Debt Service
Maximum Annual Debt Service
Average Annual Debt Service
12,900,000.00
12,900,000.00
7,501,706.84
7,501,706.84
20,401,706.84
1,058,221.00
1,021,646.19
Underwriter's Fees (per $1000)
Average Takedown
Other Fee
Total Underwriter's Discount
Bid Price
100.000000
Bond Component
Par Average Average PV of I bp
Value Price Coupon Life change
12,900,000.00 100.000 4.660% 12.479 11,635.55
12,900,000.00 12.479 11,635.55
All-In Arbitrage
TIC TIC Yield
12,900,000.00 12,900,000.00 12,900,000.00
Serial Bond
Par Value
+ Accrued Interest
+ Premium (Discount)
- Underwriter's Discount
- Cost ofIssuance Expense
- Other Amounts
(59,560.00)
Target Value
12,900,000.00
12,840,440.00
12,900,000.00
Target Date
Yield
08/12/2008
4.660168%
08/12/2008
4.660168%
08/12/2008
4.711565%
Attachment number 1
Page 6 of 17
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
Item # 39
(Finance 6.006 beachwalk analysis:2008FIN) Page 5
COST OF ISSUANCE
City of Clearwater, Florida (BB&T)
2008 Boatslip & Beachwalk Financing
Cost of Issuance
$/1000
Amount
FA Fee
BC Fee
BC Expenses
Greenberg Fee
BB&T Fee
1.55039
1.40000
0.19380
0.31008
1.16279
Attachment number 1
Page 7 of 17
20,000.00
18,060.00
2,500.00
4,000.00
15,000.00
4.61705
59,560.00
Item # 39
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
(Finance 6.006 beachwalk analysis:2008FIN) Page 6
SOURCES AND USES OF FUNDS
City of Clearwater, Florida (BB&T)
Boatslip Project, Series 2008
Sources:
Attachment number 1
Page 8 of 17
9,135,000.00
Bond Proceeds:
Par Amount
9,135,000.00
Uses:
Project Fund Deposits:
Boatslip Project Fund
8,250,000.00
Other Fund Deposits:
Capitalized Interest Fund
Delivery Date Expenses:
Cost of Issuance
Other Uses of Funds:
Additional Proceeds
838,374.78
44,560.00
2,065.22
9,135,000.00
Item # 39
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
(Finance 6.006 beachwalk analysis:2008FIN) Page 7
Attachment number 1
Page 9 of 17
BOND PRICING
City of Clearwater, Florida (BB&T)
Boatslip Project, Series 2008
Bond Component
Maturity
Date
Serial Bond:
08/0112009
08/011201 0
08/0112011
08/0112012
08/0112013
08/0112014
08/0112015
08/0112016
08/0112017
08/0112018
08/0112019
08/0112020
08/0112021
08/0112022
08/0112023
08/0112024
08/0112025
08/0112026
08/0112027
08/0112028
Dated Date
Deli very Date
First Coupon
Par Amount
Original Issue Discount
Production
Underwriter's Discount
Purchase Price
Accrued Interest
Net Proceeds
Amount Rate Yield Price
4.660% 4.660% 100.000
4.660% 4.660% 100.000
335,000 4.660% 4.660% 100.000
350,000 4.660% 4.660% 100.000
365,000 4.660% 4.660% 100.000
385,000 4.660% 4.660% 100.000
400,000 4.660% 4.660% 100.000
420,000 4.660% 4.660% 100.000
440,000 4.660% 4.660% 100.000
460,000 4.660% 4.660% 100.000
485,000 4.660% 4.660% 100.000
505,000 4.660% 4.660% 100.000
530,000 4.660% 4.660% 100.000
555,000 4.660% 4.660% 100.000
580,000 4.660% 4.660% 100.000
605,000 4.660% 4.660% 100.000
635,000 4.660% 4.660% 100.000
665,000 4.660% 4.660% 100.000
695,000 4.660% 4.660% 100.000
725,000 4.660% 4.660% 100.000
9,135,000
08/12/2008
08/12/2008
02/0112009
9,135,000.00
9,135,000.00 100.000000%
9,135,000.00 100.000000%
9,135,000.00
Item # 39
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
(Finance 6.006 beachwalk analysis:2008FIN) Page 8
Attachment number 1
Page 10 of 17
BOND DEBT SERVICE
City of Clearwater, Florida (BB&T)
Boatslip Project, Series 2008
Period Bond Total
Ending Principal Coupon Interest Debt Service Balance Bond Value
08/0112009 412,683.78 412,683.78 9,135,000 9,135,000
08/011201 0 425,691.00 425,691.00 9,135,000 9,135,000
08/0112011 335,000 4.660% 425,691.00 760,691.00 8,800,000 8,800,000
08/0112012 350,000 4.660% 410,080.00 760,080.00 8,450,000 8,450,000
08/0112013 365,000 4.660% 393,770.00 758,770.00 8,085,000 8,085,000
08/0112014 385,000 4.660% 376,761.00 761,761.00 7,700,000 7,700,000
08/0112015 400,000 4.660% 358,820.00 758,820.00 7,300,000 7,300,000
08/0112016 420,000 4.660% 340,180.00 760,180.00 6,880,000 6,880,000
08/0112017 440,000 4.660% 320,608.00 760,608.00 6,440,000 6,440,000
08/0112018 460,000 4.660% 300,104.00 760,104.00 5,980,000 5,980,000
08/0112019 485,000 4.660% 278,668.00 763,668.00 5,495,000 5,495,000
08/0112020 505,000 4.660% 256,067.00 761,067.00 4,990,000 4,990,000
08/0112021 530,000 4.660% 232,534.00 762,534.00 4,460,000 4,460,000
08/0112022 555,000 4.660% 207,836.00 762,836.00 3,905,000 3,905,000
08/0112023 580,000 4.660% 181,973.00 761,973.00 3,325,000 3,325,000
08/0112024 605,000 4.660% 154,945.00 759,945.00 2,720,000 2,720,000
08/0112025 635,000 4.660% 126,752.00 761,752.00 2,085,000 2,085,000
08/0112026 665,000 4.660% 97,161.00 762,161.00 1,420,000 1,420,000
08/0112027 695,000 4.660% 66,172.00 761,172.00 725,000 725,000
08/0112028 725,000 4.660% 33,785.00 758,785.00
9,135,000 5,400,281.78 14,535,281.78
Item # 39
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
(Finance 6.006 beachwalk analysis:2008FIN) Page 9
Attachment number 1
Page 11 of 17
NET DEBT SERVICE
City of Clearwater, Florida (BB&T)
Boatslip Project, Series 2008
Period Total Capitalized Net
Ending Debt Service Interest Fund Debt Service
08/01/2009 412,683.78 412,683.78
08/01/2010 425,691.00 425,691.00
08/01/20 II 760,691.00 760,691
08/01/2012 760,080.00 760,080
08/01/2013 758,770.00 758,770
08/01/2014 761,761.00 761,761
08/01/2015 758,820.00 758,820
08/01/2016 760,180.00 760,180
08/01/2017 760,608.00 760,608
08/01/2018 760,104.00 760,104
08/01/2019 763,668.00 763,668
08/01/2020 761,067.00 761,067
08/01/2021 762,534.00 762,534
08/01/2022 762,836.00 762,836
08/01/2023 761,973.00 761,973
08/01/2024 759,945.00 759,945
08/01/2025 761,752.00 761,752
08/01/2026 762,161.00 762,161
08/01/2027 761,172.00 761,172
08/01/2028 758,785.00 758,785
14,535,281.78 838,374.78 13,696,907
Item # 39
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
(Finance 6.006 beachwalk analysis:2008FIN) Page 10
BOND SUMMARY STATISTICS
City of Clearwater, Florida (BB&T)
Boatslip Project, Series 2008
Dated Date
Delivery Date
Last Maturity
08/12/2008
08/12/2008
08/01/2028
Arbitrage Yield
True Interest Cost (TIC)
Net Interest Cost (NIC)
All-In TIC
Average Coupon
4.660168%
4.660165%
4.660000%
4.713625%
4.660000%
Average Life (years)
Duration ofIssue (years)
12.686
9.369
Par Amount
Bond Proceeds
T otallnterest
Net Interest
Total Debt Service
Maximum Annual Debt Service
Average Annual Debt Service
9,135,000.00
9,135,000.00
5,400,281.78
5,400,281.78
14,535,281.78
763,668.00
727,876.12
Underwriter's Fees (per $1000)
Average Takedown
Other Fee
Total Underwriter's Discount
Bid Price
100.000000
Bond Component
Par Average Average PV of I bp
Value Price Coupon Life change
9,135,000.00 100.000 4.660% 12.686 8,370.50
9,135,000.00 12.686 8,370.50
All-In Arbitrage
TIC TIC Yield
9,135,000.00 9,135,000.00 9,135,000.00
Serial Bond
Par Value
+ Accrued Interest
+ Premium (Discount)
- Underwriter's Discount
- Cost ofIssuance Expense
- Other Amounts
(44,560.00)
Target Value
9,135,000.00
9,090,440.00
9,135,000.00
Target Date
Yield
08/12/2008
4.660165%
08/12/2008
4.660168%
08/12/2008
4.713625%
Attachment number 1
Page 12 of 17
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
Item # 39
(Finance 6.006 beachwalk analysis:2008FIN) Page II
SOURCES AND USES OF FUNDS
City of Clearwater, Florida (BB&T)
Beach Walk Project, Series 2008
Sources:
Attachment number 1
Page 13 of 17
3,765,000.00
Bond Proceeds:
Par Amount
3,765,000.00
Uses:
Project Fund Deposits:
Beach Walk Project Fund
3,750,000.00
Delivery Date Expenses:
Cost of Issuance
15,000.00
3,765,000.00
Item # 39
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
(Finance 6.006 beachwalk analysis:2008FIN) Page 12
Attachment number 1
Page 14 of 17
BOND PRICING
City of Clearwater, Florida (BB&T)
Beach Walk Project, Series 2008
Bond Component
Maturity
Date
Serial Bond:
08/0112009
08/011201 0
08/0112011
08/0112012
08/0112013
08/0112014
08/0112015
08/0112016
08/0112017
08/0112018
08/0112019
08/0112020
08/0112021
08/0112022
08/0112023
08/0112024
08/0112025
08/0112026
08/0112027
08/0112028
Dated Date
Deli very Date
First Coupon
Par Amount
Original Issue Discount
Production
Underwriter's Discount
Purchase Price
Accrued Interest
Net Proceeds
Amount Rate Yield Price
115,000 4.660% 4.660% 100.000
125,000 4.660% 4.660% 100.000
130,000 4.660% 4.660% 100.000
135,000 4.660% 4.660% 100.000
140,000 4.660% 4.660% 100.000
150,000 4.660% 4.660% 100.000
155,000 4.660% 4.660% 100.000
160,000 4.660% 4.660% 100.000
170,000 4.660% 4.660% 100.000
175,000 4.660% 4.660% 100.000
185,000 4.660% 4.660% 100.000
195,000 4.660% 4.660% 100.000
205,000 4.660% 4.660% 100.000
215,000 4.660% 4.660% 100.000
225,000 4.660% 4.660% 100.000
235,000 4.660% 4.660% 100.000
245,000 4.660% 4.660% 100.000
255,000 4.660% 4.660% 100.000
270,000 4.660% 4.660% 100.000
280,000 4.660% 4.660% 100.000
3,765,000
08/12/2008
08/12/2008
02/0112009
3,765,000.00
3,765,000.00 100.000000%
3,765,000.00 100.000000%
3,765,000.00
Item # 39
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
(Finance 6.006 beachwalk analysis:2008FIN) Page 13
Attachment number 1
Page 15 of 17
BOND DEBT SERVICE
City of Clearwater, Florida (BB&T)
Beach Walk Project, Series 2008
Period Bond Total
Ending Principal Coupon Interest Debt Service Balance Bond Value
08/0112009 115,000 4.660% 170,088.06 285,088.06 3,650,000 3,650,000
08/011201 0 125,000 4.660% 170,090.00 295,090.00 3,525,000 3,525,000
08/0112011 130,000 4.660% 164,265.00 294,265.00 3,395,000 3,395,000
08/0112012 135,000 4.660% 158,207.00 293,207.00 3,260,000 3,260,000
08/0112013 140,000 4.660% 151,916.00 291,916.00 3,120,000 3,120,000
08/0112014 150,000 4.660% 145,392.00 295,392.00 2,970,000 2,970,000
08/0112015 155,000 4.660% 138,402.00 293,402.00 2,815,000 2,815,000
08/0112016 160,000 4.660% 131,179.00 291,179.00 2,655,000 2,655,000
08/0112017 170,000 4.660% 123,723.00 293,723.00 2,485,000 2,485,000
08/0112018 175,000 4.660% 115,801.00 290,801.00 2,310,000 2,310,000
08/0112019 185,000 4.660% 107,646.00 292,646.00 2,125,000 2,125,000
08/0112020 195,000 4.660% 99,025.00 294,025.00 1,930,000 1,930,000
08/0112021 205,000 4.660% 89,938.00 294,938.00 1,725,000 1,725,000
08/0112022 215,000 4.660% 80,385.00 295,385.00 1,510,000 1,510,000
08/0112023 225,000 4.660% 70,366.00 295,366.00 1,285,000 1,285,000
08/0112024 235,000 4.660% 59,881.00 294,881.00 1,050,000 1,050,000
08/0112025 245,000 4.660% 48,930.00 293,930.00 805,000 805,000
08/0112026 255,000 4.660% 37,513.00 292,513.00 550,000 550,000
08/0112027 270,000 4.660% 25,630.00 295,630.00 280,000 280,000
08/0112028 280,000 4.660% 13,048.00 293,048.00
3,765,000 2,101,425.06 5,866,425.06
Item # 39
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
(Finance 6.006 beachwalk analysis:2008FIN) Page 14
NET DEBT SERVICE
City of Clearwater, Florida (BB&T)
Beach Walk Project, Series 2008
Period
Ending
Total
Debt Service
Net
Debt Service
08/0112009
08/011201 0
08/0112011
08/0112012
08/0112013
08/0112014
08/0112015
08/0112016
08/0112017
08/0112018
08/0112019
08/0112020
08/0112021
08/0112022
08/0112023
08/0112024
08/0112025
08/0112026
08/0112027
08/0112028
285,088.06
295,090.00
294,265.00
293,207.00
291,916.00
295,392.00
293,402.00
291,179.00
293,723.00
290,801.00
292,646.00
294,025.00
294,938.00
295,385.00
295,366.00
294,881.00
293,930.00
292,513.00
295,630.00
293,048.00
285,088.06
295,090.00
294,265.00
293,207.00
291,916.00
295,392.00
293,402.00
291,179.00
293,723.00
290,801.00
292,646.00
294,025.00
294,938.00
295,385.00
295,366.00
294,881.00
293,930.00
292,513.00
295,630.00
293,048.00
5,866,425.06
5,866,425.06
Attachment number 1
Page 16 of 17
Item # 39
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
(Finance 6.006 beachwalk analysis:2008FIN) Page 15
BOND SUMMARY STATISTICS
City of Clearwater, Florida (BB&T)
Beach Walk Project, Series 2008
Dated Date
Delivery Date
Last Maturity
08/12/2008
08/12/2008
08/01/2028
Arbitrage Yield
True Interest Cost (TIC)
Net Interest Cost (NIC)
All-In TIC
Average Coupon
4.660168%
4.660174%
4.660000%
4.706288%
4.660000%
Average Life (years)
Duration ofIssue (years)
II. 977
8.867
Par Amount
Bond Proceeds
T otallnterest
Net Interest
Total Debt Service
Maximum Annual Debt Service
Average Annual Debt Service
3,765,000.00
3,765,000.00
2,101,425.06
2,101,425.06
5,866,425.06
295,630.00
293,770.07
Underwriter's Fees (per $1000)
Average Takedown
Other Fee
Total Underwriter's Discount
Bid Price
100.000000
Bond Component
Par Average Average PV of I bp
Value Price Coupon Life change
3,765,000.00 100.000 4.660% 11.977 3,265.05
3,765,000.00 11.977 3,265.05
All-In Arbitrage
TIC TIC Yield
3,765,000.00 3,765,000.00 3,765,000.00
Serial Bond
Par Value
+ Accrued Interest
+ Premium (Discount)
- Underwriter's Discount
- Cost ofIssuance Expense
- Other Amounts
( 15,000.00)
Target Value
3,765,000.00
3,750,000.00
3,765,000.00
Target Date
Yield
08/12/2008
4.660174%
08/12/2008
4.660168%
08/12/2008
4.706288%
Attachment number 1
Page 17 of 17
Ju121,2008 12:17 pm Prepared by Raymond James / msansbury
Item # 39
(Finance 6.006 beachwalk analysis:2008FIN) Page 16
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Attachment number 3
Page 1 of 1
Item # 39
Attachment number 4
Page 1 of 10
RESOLUTION NO. 08-17
A RESOLUTION AUTHORIZING THE NEGOTIATED SALE OF NOT TO EXCEED
$12,900,000 CITY OF CLEARWATER, FLORIDA, IMPROVEMENT REVENUE
BONDS, SERIES 2008; AWARDING THE SALE THEREOF TO BRANCH BANKING
AND TRUST COMPANY, SUBJECT TO THE TERMS AND CONDITIONS OF A
COMMITMENT LETTER; PROVIDING FOR THE ISSUANCE OF THE SERIES 2008
BONDS IN BOOK-ENTRY-ONL Y FORM; PROVIDING FOR COMPLIANCE WITH
A CONTINUING DISCLOSURE CERTIFICATE; APPOINTING A PAYING AGENT
AND REGISTRAR; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION
WITH THE ISSUANCE AND DELIVERY OF SUCH BONDS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on October 4, 2001, the City Council of the City of Clearwater, Florida (the
"City" or the "Issuer") enacted Ordinance No. 6873-01 (the "Bond Ordinance") to provide for the
issuance of Improvement Revenue Bonds, Series [to be determined] (the "Series 2008 Bonds")
payable from City's Public Service Tax (as defined in the Bond Ordinance); and
WHEREAS, the City has presently outstanding its Improvement Revenue Refunding Bonds,
Series 2001 (the "Series 2001 Bonds"), and through this Resolution intends on issuing its Series 2008
Bonds to fund certain capital costs associated with a beach walk revitalization project in the City's
south beach area and for the construction of approximately 140 boat slips and 2,500 feet of side
moorings in downtown Clearwater (the "Series 2008 Project"); and
WHEREAS, it is in the best interest of the City to provide for the negotiated sale of
$12,900,000 of Series 2008 Bonds; and
WHEREAS, the Issuer issued a request for proposals ("RFP") to banking institutions on July
1,2008, and received responses thereto on July 15, 2008; and
WHEREAS, the Issuer now desires to approve the issuance of its Series 2008 Bonds, to sell
its Series 2008 Bonds pursuant to the RFP to Branch Banking and Trust Company, the respondent
who provided the lowest cost response to the RFP (the "Bank"), and to take certain other actions in
connection with the issuance and sale of the Series 2008 Bonds; and
WHEREAS, the Issuer will be provided all applicable disclosure information by the Bank as
required by Section 218.385, Florida Statutes; and
WHEREAS, this resolution shall constitute a supplemental resolution under the terms of the
Bond Ordinance, and all capitalized undefined terms used herein shall have the meanings set forth
in the Bond Ordinance;
1
Resolution No. 08-17
Item # 39
Attachment number 4
Page 2 of 10
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
SECTION 1. This Resolution is adopted pursuant to the provisions of Article VIII, Section 2
of the Constitution of the State of Florida, Chapter 166, Florida Statutes, the Charter of the City of
Clearwater, Florida, the Bond Ordinance and other applicable provisions of law. The series of the
Improvement Revenue Bonds, Series [to be determined] authorized by the Bond Ordinance are
hereby authorized to be issued in a principal amount of not to exceed $12,900,000 pursuant to this
Resolution, with such bonds hereby designated as Series 2008 Bonds (the "Series 2008 Bonds"). The
Series 2008 Bonds authorized by this Resolution are hereby authorized to be issued as Additional
Parity Obligations under the Bond Ordinance. The issuance of not to exceed $12,900,000 of the
Series 2008 Bonds by the City is hereby approved upon the terms and conditions set forth in the
Bond Ordinance and this Resolution.
The provisions of the Bond Ordinance shall be fully applicable to the Series 2008 Bonds and
all of the covenants contained in the Bond Ordinance shall be applicable to the Series 2008 Bonds.
SECTION 2. The Series 2008 Project, consisting of capital costs associated with a beach walk
revitalization project in the City's south beach area and for the construction of approximately 140
boat slips and 2,500 feet of side moorings in downtown Clearwater together with related and
subordinate improvements and facilities is hereby authorized to be financed with the proceeds of
the Series 2008 Bonds.
SECTION 3. It is in the best interest of the Issuer and the residents and inhabitants thereof
that the Series 2008 Bonds be issued as fully certificated bonds to the Purchaser.
SECTION 4. Due to the present instability in the market for revenue obligations, the critical
importance of the timing of the sale of the Bonds and due to the willingness of the Bank to purchase
the Series 2008 Bonds at rates favorable to the Issuer, it is hereby determined that it is in the best
interest of the public and the Issuer to sell the Series 2008 Bonds at a negotiated sale. The Issuer has
received an offer from the Bank to purchase the Series 2008 Bonds, subject to the terms and
conditions set forth in the Bank's Commitment (the "Commitment") dated July 15, 2008, attached
hereto as Exhibit "A" and incorporated herein by reference, which Commitment is hereby accepted
by the City. The principal amount of the bonds shall not exceed (i) the costs of the Series 2008
Project, (ii) capitalized interest, and (iii) a reasonable allowance for the costs of issuing the Bonds as
determined by the Finance Director in consultation with the City's financial advisor.
The Series 2008 Bonds are hereby sold and awarded to the Bank in accordance with the
Commitment at the price of par, and the Mayor and the City Manager are hereby authorized to
execute and deliver the Series 2008 Bonds in the form set forth in the Bond Ordinance attested by
the City Clerk and approved as to form and legal sufficiency by the City Attorney, receive the
purchase price therefor and apply the proceeds thereof as provided herein, without further
2
Resolution No. 08-17
Item # 39
Attachment number 4
Page 3 of 10
authority from this body. The Mayor and the City Manager are authorized to make any and all
changes on the form of the Series 2008 Bond which shall be necessary to conform the same to the
Commitment of the Bank. Execution of the Bond by the Mayor and the City Manager shall be
conclusive evidence of their approval of the form of the Series 2008 Bond. The Bonds shall be
payable solely as provided herein. Prior to purchase of the Series 2008 Bonds, the Bank shall
execute a Purchaser's Certificate attached hereto as Exhibit B. The disclosure letter as required by
Chapter 218, Florida Statutes is attached hereto as Exhibit C.
SECTION 5. The Series 2008 Bonds shall be issued in fully registered form, in the form set
forth in Section 15 of the Bond Ordinance; shall be dated as of their date of initial issuance; shall be
numbered; shall be in a single denomination equal to the principal amount thereof; shall mature on
August I, 2028; shall bear interest at the rate of 4.66%, subject to the provision of Section 8 hereof;
and such interest to be payable semi-annually on the first (1st) day of each February and August,
commencing on February I, 2009. On the date of the issuance of the Bonds, the Issuer shall receive
the proceeds thereof and deposit same into the Construction Fund created under the Bond
Ordinance.
The Series 2008 Bonds shall be subject to optional redemption in whole, but not in part, on
any Interest Payment Date prior to their maturity date at a redemption price equal to the principal
amount being redeemed together with interest accrued to the date of redemption; provided that if
such redemption occurs on or before August I, 2018, the redemption price shall also include a
prepayment premium of one percent (1.00%) of the principal amount being redeemed.
The Series 2008 Bonds are subject to Amortization Installments in part prior to maturity at a
redemption price equal to 100% of the principal amount thereof, plus accrued interest to the
redemption date beginning on August I, 2009 and on each August 1 thereafter in the following
principal amounts in the years specified:
Date Principal Amount Date Principal Amount
8/1/2009 $ 115,000 8/1/2019 $ 670,000
8/1/2010 125,000 8/1/2020 700,000
8/1/2011 465,000 8/1/2021 735,000
8/1/2012 485,000 8/1/2022 770,000
8/1/2013 505,000 8/1/2023 805,000
8/1/2014 535,000 8/1/2024 840,000
8/1/2015 555,000 8/1/2025 880,000
8/1/2016 580,000 8/1/2026 920,000
8/1/2017 610,000 8/1/2027 965,000
8/1/2018 635,000 8/1/2028 1,005,000
Notwithstanding the foregoing, for so long as the Series 2008 Bonds are owned by the Bank,
(i) the principal of, redemption price and interest on the Series 2008 Bonds shall be payable to the
3
Resolution No. 08-17
Item # 39
Attachment number 4
Page 4 of 10
Bank on the respective principal and interest payment dates at such address as is provided by the
Bank in writing to the Issuer without presentation of the Series 2008 Bonds, and (ii) in the event of a
conflict between the terms of the Series 2008 Bonds or this Resolution and the Commitment, the
terms and conditions of the Commitment shall control.
SECTION 6. The Series 2008 Bonds shall be issued under and secured by the Bond
Ordinance and shall be executed and delivered by the Mayor, the City Manager and the City Clerk
upon the approval of the City Attorney as to form and legal sufficiency, in substantially the form set
forth in the Bond Ordinance, with such additional changes and insertions therein as conform to the
provisions of the Commitment and such execution and delivery shall be conclusive evidence of the
approval thereof by such officers.
SECTION 7. The City's Finance Department is hereby designated and authorized to serve as
Paying Agent and Registrar for the Series 2008 Bonds.
SECTION 8. The City hereby covenants and agrees that upon a Determination of Taxability,
the interest rate on the Series 2008 Bonds shall be increased to the lesser of (i) the Prime Rate plus
two percent (2%) per annum based upon a 360 day year based upon twelve (12) thirty (30) day
months, or (ii) the maximum interest rate permitted by applicable law. A Determination of
Taxability shall mean interest on the Series 2008 Bond is determined or declared, by the Internal
Revenue Service or a court of competent jurisdiction, to be includable in the gross income of the
holder thereof for federal income tax purposes under the Code. Prime Rate shall mean the rate
published by the Bank from time to time and designated as its Prime Rate.
SECTION 9. For purposes hereof, the Reserve Requirement (as defined in the Bond
Ordinance) for the Series 2008 Bonds shall be $0.00.
SECTION 10. All prior resolutions of the Issuer inconsistent with the provisions of this
resolution are hereby modified, supplemented and amended to conform with the provisions herein
contained and except as otherwise modified, supplemented and amended hereby shall remain in
full force and effect.
SECTION 11. The Mayor, or in his absence the Vice Mayor, the City Manager, the Finance
Director, the City Attorney and the City Clerk or any other appropriate officers of the Issuer are
hereby authorized and directed to execute any and all certifications or other instruments or docu-
ments required by the Resolution, the Commitment or any other document referred to above as a
prerequisite or precondition to the issuance of the Series 2008 Bonds and any such representation
made therein shall be deemed to be made on behalf of the Issuer. In the event both the Mayor and
the Vice Mayor are unable to execute the documents related to the Series 2008 Bonds, then any other
member of the City Council shall be authorized to execute such documents with the full force and
effect as if the Mayor or the Vice Mayor had executed same. All action taken to date by the officers
of the Issuer in furtherance of the issuance of the Series 2008 Bonds is hereby approved, confirmed
4
Resolution No. 08-17
Item # 39
Attachment number 4
Page 5 of 10
and ratified.
SECTION 12. This resolution shall become effective immediately upon its adoption.
Passed and adopted by the City Council of the City of Clearwater, Florida, this 7th day of
August, 2008.
(SEAL)
By:
Mayor
ATTEST:
City Clerk
Approved as to form and
legal sufficiency:
City Attorney
5
Resolution No. 08-17
Item # 39
Attachment number 4
Page 6 of 10
EXHIBIT A
COMMITMENT
Resolution No. 08-17
Item # 39
Attachment number 4
Page 7 of 10
EXHIBIT B
FORM OF PURCHASER CERTIFICATE
Mayor and City Council
City of Clearwater
Clearwater, Florida
Ladies and Gentlemen:
This Certificate is being executed and delivered by the undersigned as purchaser (the "Pur-
chaser") to the City of Clearwater, Florida (the "City"), in connection with the issuance, sale and
delivery of the City's Improvement Revenue Bonds, Series 2008 (the "Bonds") to the Purchaser, in
accordance with the terms of the Purchaser's Commitment to the City dated July 15, 2008, being
issued pursuant to Ordinance No. 6873-01 (the "Bond Ordinance") and Resolution No. 08-17 (the
"Resolution") to fund certain capital costs associated with a beach walk revitalization project in the
City's south beach area and for the construction of approximately 140 boat slips and 2,500 feet of
side moorings in downtown Clearwater. Terms defined in the Resolution are used in this letter
with the meanings assigned to them in the Bond Ordinance and the Resolution.
The undersigned hereby represents, warrants and agrees to and with the City that:
1. The Purchaser is an accredited investor as such term is defined in the Securities Act
of 1933 and Regulation D issued pursuant thereto, a principal part of whose business consists of
buying securities such as the Bonds and which is a bank, savings institution, trust company,
insurance company, investment company as defined in the Investment Company Act of 1940,
pension or profit-sharing trust or other financial institution or institutional buyer or a broker dealer.
2. The Purchaser has received copies of the Bond Ordinance and the Resolution and
certain of the other documents or instruments being delivered in connection with the issuance of the
Bonds, and said documents are in form and substance satisfactory to the Purchaser and its counsel.
3. The Purchaser has conducted its own investigations, to the extent it deems
satisfactory or sufficient into matters relating to the business, properties, management, and financial
position and results of operations of the City.
4. The Purchaser understands that the Bonds are not registered under the Securities Act
of 1933, as amended. The Purchaser is purchasing the Bonds for its own account for invesbnent and
not with a view to, and with no present intention of, distributing or reselling the Bonds or any
portion thereof, providing that the Purchaser reserves the right to transfer any or all of the Bonds
purchased or any interest therein at any time and in our sole discretion and, in the event that we so
transfer Bonds, we assume the responsibility for complying with any applicable federal and state
securities laws and the terms of the Indenture.
Resolution No. 08-17
Item # 39
Attachment number 4
Page 8 of 10
The Purchaser understands and agrees that the foregoing representations will be relied upon
by the City in the issuance of the Bonds.
Very truly yours,
BRANCH BANKING AND TRUST COMPANY,
as Purchaser
By:
Name:
Title:
Resolution No. 08-17
Item # 39
Attachment number 4
Page 9 of 10
EXHIBIT C
FORM OF DISCLOSURE LETTER
Mayor and City Council
City of Clearwater
Clearwater, Florida
Ladies and Gentlemen:
1. An itemized list setting forth the nature and estimated amounts of expenses to be
incurred by Branch Banking and Trust Company, as the original purchaser (the "Purchaser") in
connection with the issuance of $12,900,000 in aggregate principal amount of the City of Clearwater,
Florida Improvement Revenue Bonds, Series 2008 (the "Bonds") is attached as Schedule I hereto.
2. No compensation was paid to any finders, as defined in Section 218.386, Florida
Statutes, as amended, in connection with the issuance of the Bonds.
3.
the Bonds.
Underwriting fees in the amount of $14,000 are expected to be realized in the sale of
4. The Bonds are being placed with the Purchaser, as the original purchaser thereof,
and no management fee is being charged.
5. No other fee, bonus or other compensation is to be paid by the Purchaser in
connection with the Bond issue to any person not regularly employed or retained by them, except
for compensation of $5,000 to Greenberg Traurig, P.A., in their capacity as counsel to the Purchaser,
which amount is being paid by the Purchaser.
6. There were no underwriters involved in the placement of the Bonds to the Purchaser.
7. (a) The City is proposing to issue $12,900,000 aggregate principal amount of debt or
obligations for the purpose of financing the acquisition and construction of certain capital
improvements. This debt or obligation is expected to be repaid over a period of 20 years. At a
forecasted true interest cost rate of 4.66%, total interest paid over the life of the debt or obligation
will be $7,501,706.84.
(b) The source of repayment for this issue is the Public Service Tax Revenues of the City.
Authorizing this debt will result in approximately $1,020,085 of such revenues of the City not being
available to finance other services of the City each year for 20 years.
Resolution No. 08-17
Item # 39
Attachment number 4
Page 10 of 10
We understand that you do not require any further disclosure from the Purchaser, pursuant
to Section 218.385, Florida Statutes, as amended.
BRANCH BANKING AND TRUST COMPANY
By:
Its:
Resolution No. 08-17
Item # 39
Attachment number 5
Page 1 of 4
BB&T
BB& T Governmental Finance
P.O. Box 714
Columbia, S.C. 29202
(803) 251-1328
Fax (803) 251-1329
July 15, 2008
(Revised July 23, 2008)
Mr. Matthew Sansbury
Vice President
Raymond James & Associates, Inc.
880 Carillon Parkway
St. Petersburg, FL 33716
Dear Mr. Sansbury:
Branch Banking and Trust Company ("BB&T") is pleased to offer this proposal for the financing
requested by the City of Clearwater ("City").
(1)
Project:
Improvement Revenue Bonds, Series 2008
(2)
Amount To Be Financed:
Not to exceed $12,900,000.00
(3) Interest Rates, Financing Terms and Corresponding Payments:
Term
NBQ rate
20 years
4.66 %
Semi annual interest payments shall be due commencing February 1, 2009 and continue each August 1
and February 1 thereafter through maturity. Annual principal payments shall be due commencing August 1,
2009 and continue each August 1 thereafter through maturity. Interest shall accrue on the Bonds on the basis
of a 360-day year consisting of twelve (12) 30-day months with no compounding.
The interest rate stated above is valid for a closing not later than 45 days after today (the original date
of proposal). Closing of the financing is contingent upon completing documentation acceptable to BB&T and
its counsel.
Remuneration for our legal review expenses and underwriting for this financing transaction shall be
$19,000. All applicable costs of counsel for the City and any other costs shall be the City's responsibility and
separately payable by the City.
The financing documents shall allow for the prepayment of the principal balance in whole on a
scheduled payment date within the first 10 years of the financing agreement with a 1 % prepayment premium.
After the first 10 years the financing documents shall allow for the prepayment of the principal balance in
whole on a scheduled payment date without penalty.
BB&T will require a provision (acceptable to BB&T) be provided in the loan documents in the event
that at any time this transaction is determined to be taxable in accordance with the Interual Revenue Service
code.
Item # 39
Attachment number 5
Page 2 of 4
The stated interest rate assumes that the City expects to borrow more than $10,000,000 in calendar
year 2008 and that the financing shall comply with the IRS Code Sections 141, 148 and 149( e). The Bonds
shall comply with all Florida State statutes. BB&T reserves the right to terminate its interest in this bid or to
negotiate a mutually acceptable rate if the financing is not a qualified tax-exempt financing.
(4) Financing Documents:
It shall be the responsibility of the City to retain and compensate counsel to appropriately structure the
Bonds. BB&T shall also require the City to provide an unqualified bond counsel opinion. BB&T and its
counsel reserve the right to review and approve all documentation before closing.
(5) Security:
The Bonds shall be secured by the City's Public Service Tax revenues.
* * * * * *
BB&T appreciates the opportunity to make this financing proposal and requests to be notified within
ten days of this proposal should BB&T be the successful proposer.
BB&T shall have the right to cancel this offer by notifying the City of its election to do so (whether or
not this offer has previously been accepted by the City) if at any time prior to the closing there is a material
adverse change in the City's financial condition, if we discover adverse circumstances of which we are
currently unaware, if we are unable to agree on acceptable documentation with the City or if there is a change
in law (or proposed change in law) that changes the economic effect of this financing to BB&T. We reserve
the right to negotiate and/or terminate our interest in this transaction should we be the successful proposer.
Please call me at (803) 251-1328 with your questions and comments or contact Michael C. Smith in
our Orlando, FL office at:
255 South Orange Avenue
Orlando, FL 32801
Phone: 407.241.3570
Fax: 877.320.4453
Email: mcsmith@bbandt.com
We look forward to hearing from you.
Sincerely,
BRANCH BANKING AND TRUST COMPANY
!
Andrew G. Smith
Senior Vice President
Item # 39
Attachment number 5
Page 3 of 4
City of Clearwater, FL
$12,900,000
Improvement Revenue Bonds, Series 2008
Rate Period: Semiannual
Nominal Annual Rate: 4.660%
AMORTIZATION SCHEDULE - U.S. Rule (no compounding), 360 Day Year
Date Payment Interest Principal Balance
Loan 8/12/2008 12,900,000.00
2008 Totals 0.00 0.00 0.00
1 1/9/2009 282,201.84 282,201.84 0.00 12,900,000.00
2 8/1/2009 415,570.00 300,570.00 115,000.00 12,785,000.00
2009 Totals 697,771.84 582,771.84 115,000.00
3 2/1/2010 297,890.50 297,890.50 0.00 12,785,000.00
4 8/1/2010 422,890.50 297,890.50 125,000.00 12,660,000.00
2010 Totals 720,781.00 595,781.00 125,000.00
5 2/1/2011 294,978.00 294,978.00 0.00 12,660,000.00
6 8/1/2011 759,978.00 294,978.00 465,000.00 12,195,000.00
2011 Totals 1,054,956.00 589,956.00 465,000.00
7 2/1/2012 284,143.50 284,143.50 0.00 12,195,000.00
8 8/1/2012 769,143.50 284,143.50 485,000.00 11,710,000.00
2012 Totals 1,053,287.00 568,287.00 485,000.00
9 2/1/2013 272,843.00 272,843.00 0.00 11,710,000.00
10 8/1/2013 777,843.00 272,843.00 505,000.00 11,205,000.00
2013 Totals 1,050,686.00 545,686.00 505,000.00
11 2/1/2014 261,076.50 261,076.50 0.00 11,205,000.00
12 8/1/2014 796,076.50 261,076.50 535,000.00 10,670,000.00
2014 Totals 1,057,153.00 522,153.00 535,000.00
13 2/1/2015 248,611.00 248,611.00 0.00 10,670,000.00
14 8/1/2015 803,611.00 248,611.00 555,000.00 10,115,000.00
2015 Totals 1,052,222.00 497,222.00 555,000.00
15 2/1/2016 235,679.50 235,679.50 0.00 10,115,000.00
16 8/1/2016 815,679.50 235,679.50 580,000.00 9,535,000.00
2016 Totals 1,051,359.00 471,359.00 580,000.00
17 2/1/2017 222,165.50 222,165.50 0.00 9,535,000.00
18 8/1/2017 832,165.50 222,165.50 610,000.00 8,925,000.00
2017 Totals 1,054,331.00 444,331.00 610,000.00
Item # 39
Attachment number 5
Page 4 of 4
Date Payment Interest Principal Balance
19 2/1/2018 207,952.50 207,952.50 0.00 8,925,000.00
20 8/1/2018 842,952.50 207,952.50 635,000.00 8,290,000.00
2018 Totals 1,050,905.00 415,905.00 635,000.00
21 2/1/2019 193,157.00 193,157.00 0.00 8,290,000.00
22 8/1/2019 863,157.00 193,157.00 670,000.00 7,620,000.00
2019 Totals 1,056,314.00 386,314.00 670,000.00
23 2/1/2020 177,546.00 177,546.00 0.00 7,620,000.00
24 8/1/2020 877,546.00 177,546.00 700,000.00 6,920,000.00
2020 Totals 1,055,092.00 355,092.00 700,000.00
25 2/1/2021 161,236.00 161,236.00 0.00 6,920,000.00
26 8/1/2021 896,236.00 161,236.00 735,000.00 6,185,000.00
2021 Totals 1,057,472.00 322,472.00 735,000.00
27 2/1/2022 144,110.50 144,110.50 0.00 6,185,000.00
28 8/1/2022 914,110.50 144,110.50 770,000.00 5,415,000.00
2022 Totals 1,058,221.00 288,221.00 770,000.00
29 2/1/2023 126,169.50 126,169.50 0.00 5,415,000.00
30 8/1/2023 931,169.50 126,169.50 805,000.00 4,610,000.00
2023 Totals 1,057,339.00 252,339.00 805,000.00
31 2/1/2024 107,413.00 107,413.00 0.00 4,610,000.00
32 8/1/2024 947,413.00 107,413.00 840,000.00 3,770,000.00
2024 Totals 1,054,826.00 214,826.00 840,000.00
33 2/1/2025 87,841.00 87,841.00 0.00 3,770,000.00
34 8/1/2025 967,841.00 87,841.00 880,000.00 2,890,000.00
2025 Totals 1,055,682.00 175,682.00 880,000.00
35 2/1/2026 67,337.00 67,337.00 0.00 2,890,000.00
36 8/1/2026 987,337.00 67,337.00 920,000.00 1,970,000.00
2026 Totals 1,054,674.00 134,674.00 920,000.00
37 2/1/2027 45,901.00 45,901.00 0.00 1,970,000.00
38 8/1/2027 1,010,901.00 45,901.00 965,000.00 1,005,000.00
2027 Totals 1,056,802.00 91,802.00 965,000.00
39 2/1/2028 23,416.50 23,416.50 0.00 1,005,000.00
40 8/1/2028 1,028,416.50 23,416.50 1,005,000.00 0.00
2028 Totals 1,051,833.00 46,833.00 1,005,000.00
Grand Totals 20,401,706.84 7,501,706.84 12,900,000.00
Item # 39
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt revised formulas for the purpose of computing fees for non-residents to participate at City recreation facilities and in City
recreation programs and activities; eliminate some of the options in lieu of non-resident card purchase; approve the City Manager
or his or her designee to change the surcharge factor; and pass Ordinance 7983-08 on first reading.
SUMMARY:
On February 2, 2005 the City Council revised a 1993 formula for the purpose of computing fees for non-residents and approved
the City Manager or his designee to administer the formulas. The formula adopted at that time is as follows:
Department 0 & M Budget plus
Indirect Overhead minus
Budgeted Revenue divided by
Population equals
Subtotal
Subtotal plus
Capital Recovery Component plus
Card Processing Fee equals
Non-Resident Yearly Fee
One of the City's Tier 1 budget initiatives is to modify the formula by adding a surcharge recovery fee to this formula. If
approved, the surcharge recovery fee may be adjusted by the City Manager or his or her designee in order to address the economic
climate.
In addition, as part of this recommendation the elimination of some of the options in lieu of non-resident card purchases are
included. Specifically, options to be eliminated are as follows:
. Participants of youth seasonal recreation programs
. Participants at Lawnbowls, Shuffleboard, Horseshoe Club and Three-Score Softball
This would then require all participants in these programs and organizations to purchase a non-discounted individual non-resident
card based on the approved formula.
If approved, these changes will result in approximately $115,000 in additional revenue. The new fees and elimination of
discounted fees will take effect on October 1, 2008.
As a matter of information, the resident recreation card will be increased from $5 per person and $25 per family to $7 per person
and $35 per family beginning October 1, 2008.
Based on the new formulas, the proposed fees for non-residents are as follows:
Proposed
2007/08 2008/09
Rates
Current B d
R t ase on
a es
Current
Ordinance
Proposed
2008/09
Rates
Based on
Proposed
Ordinance
Cover Memo
Annual
Individual
Card (IC)
$90
$120
$180
Item # 40
Annual
Family Card $225 $300 $450
(IC x 2.5)
Single Season
Sports Fee $36 $48 N/A
(IC x 40%)
Youth
Seasonal Rec $36 $48 N/A
Prog (IC x
40%)
Adult
Seasonal Rec $36 $48 N/A
Prog (IC x
40%)
Lawnbowl,
Shuffleboard,
Horseshoe
Club and $36 $48 N/A
Three-Score
Softball (IC x
40%)
Review Approval: 1) Clerk
Cover Memo
Item # 40
Attachment number 1
Page 1 of 3
ORDI NANCE NO. 7983-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE SCHEDULE OF FEES, RATES AND
CHARGES, AMENDING APPENDIX A, ARTICLE XI, PARKS,
BEACHES, RECREATION, TO INCREASE CERTAIN FEES FOR
USE OF FACILITIES BY NONRESIDENTS AND TO MODIFY THE
FORMULAS FOR CHARGING NONRESIDENT FEES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater provides recreation facilities and programs for
the residents and taxpayers of the City; and
WHEREAS, the City Council has determined that users of City recreational
facilities and programs who are not City taxpayers should pay a reasonable sum for the
use of such facilities and programs; and
WHEREAS, to be consistent and fair in the establishment of non-City taxpayer
fees, standard formulas were adopted and approved; and,
WHEREAS, the standard formulas need to be adjusted to more accurately
account for the increased cost of recreation services offered to non-residents, now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby
amended to read:
ARTICLE XI, PARKS, BEACHES, RECREATION:
* * *
Use of facilities by nonresidents (ch. 22):
(1) Effective June 1, 2005, nonresidents who wish to rent or use city recreation
facilities or programs may do so by paying a nonresident fee based on the
following formulas which shall be administered by the parks and recreation
director:
(a) Nonresidents:
Department O&M Budget + indirect overhead - budgeted revenue = Net
budget divided by population = subtotal
Subtotal + Capital Improvement Program recovery component + Card
processing fee x surcharqe factor = Individual non-resident yearly fee
Ordinance tJ!6ml:#lg:1.0
Attachment number 1
Page 2 of 3
(b) Annual nonresident family fees:
Individual nonresident yearly fees x 2.5 = Annual nonresident family fees.
(c) Options in lieu of nonresident card purchase:
1. Pay non-card holder rates for tennis, swimming, classes, and/or
admissions. (These fees will vary depending upon activity, however in no
case will they be less than or equal to card holder rates.)
2. In co sponsoring programs where leadership is provided by noncity
employees:
3. Participants of youth seasonal recreational programs
Individual nonresident yearly fee x -10%
3. Participants at lawnbowls, shuffleboard, horseshoe clubs, and three
score softball
Individual nonresident yearly fee x -10%
Cd) Surcharae factor:
Surcharqe factor is established and adiusted bv the city manaqer or his or
her desiqnee in order to address the economic climate. A current fee
schedule includinq the surcharqe factor shall be set out in parks and
recreation departmental policies.
(2) The criteria which establish the class of city residents for the purpose of the fees
above are:
(a) Permanent residence within the incorporated boundaries of the city;
(b) Ownership of real property within the incorporated boundaries of the city, as
evidenced by the official tax rolls maintained by the county;
(c) Tourists and guests temporarily residing at properties three months or less,
within the incorporated boundaries of the city as evidenced by a motel key or
another resident member; or
(d) Persons who are employees of the city, their spouses and children who live
at home.
(3) Nonresidents who wish to rent a city recreation facility must possess a nonresident
card or pay a ten percent surcharge for the rental.
(4) In programs where rentals are charged, or where enforcement is impractical, or a
majority of the facilities used by a program are provided in a municipality other than
Clearwater, the nonresident fee is not required.
Section 2. This ordinance shall take effect on October 1, 2008.
Ordinance tJ!6ml:#lg:1.0
PASSED ON FIRST READING
Attachment number 1
Page 3 of 3
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance tJ!6ml:#lg:1.0
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize the Chief of Police to execute a Multi -Agency Voluntary Cooperation Mutual Aid Agreement with the Office of the
Attorney General Child Predator Cyber Crime Unit, adopt Resolution 08-16, and authorize the appropriate officials to execute
same.
SUMMARY:
The Police Department, pursuant to Section 23. 1225(1)(a) Florida Statutes, will enter into an agreement with the Office of the
Attorney General Child Predator Cyber Crime Unit (CPCU) and other agencies.
The principal purpose of this multi-agency agreement is to facilitate resource sharing among agencies and the successful
prosecution of violators of the Internet Crimes against Children laws, with particular emphasis to identify and dismantle organized
criminal enterprises. In addition, emphasis shall be placed on targeting violators that commit criminal acts in multiple jurisdictions
and/or multiple judicial circuits. This agreement will assist Clearwater detectives engaged in these investigations that originate in
or have other connections to the City of Clearwater jurisdiction. The agreement does not contemplate the full time detachment of
any personnel.
Section 23.1225(3) Florida Statutes provides for mutual aid agreements between law enforcement agencies in the State and
requires approval and execution by an officer "who is authorized to contractually bind the agency" therefore requiring approval of
the City Council for this agreement.
This agreement shall become effective upon execution by the Director of the Office of the Attorney CPCU and at least one other
participating agency. As each additional party executes this agreement, it shall be effective as to the newly executing party.
This Agreement shall remain in full force as to all participating parties until December 31, 2011 unless canceled in writing by the
Director or Chief of Law Enforcement of the Office of the Attorney General's CPCU, or as canceled in writing by an individual
party.
Review Approval: 1) Clerk
Cover Memo
Item # 41
Attachment number 1
Page 1 of 9
RESOLUTION NO. 08-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA, AUTHORIZING THE CHIEF OF
POLICE TO EXECUTE THE "MULTI-AGENCY VOLUNTARY
COOPERATION MUTUAL AID AGREEMENT CONCERNING
THE TAMPA BAY AREA ONLINE CHILD PROTECTION TASK
FORCE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater pursuant to Section 23.1225(1 )(a), Florida
Statutes, is desirous of entering into an agreement that allows voluntary cooperation
and assistance of a routine law enforcement nature across jurisdictional lines by and
among participating law enforcement agencies for the purpose of combating the sexual
exploitation of children by users of the Internet; and
WHEREAS, the City of Clearwater has deemed it to be in the best interests of its
citizens to enter into the "Multi-Agency Voluntary Cooperation Mutual Aid Agreement";
and
WHEREAS, Section 23.1225(3), Florida Statutes, states that the chief executive
officer of a law enforcement agency may enter into a Mutual Aid Agreement when the
chief executive officer is authorized to contractually bind the agency; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby authorizes the Chief of Police on behalf
of the Clearwater Police Department to execute the "Multi-Agency Voluntary
Cooperation Mutual Aid Agreement," a copy of which is attached hereto, between the
City of Clearwater and the other participating law enforcement agencies.
Section 2.
This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _ day of
,2008.
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Resolution 98-16 #
tem 41
Attachment number 1
Page 2 of 9
TAMPA BAY AREA ONLINE CHILD PROTECTION TASK FORCE
MULTI-AGENCY VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
WHEREAS, the below subscribed law enforcement agencies within the State of Florida have
joined together in this agreement (hereinafter "Agreement") to combat the online sexual
exploitation of children, the manufacture and distribution of child pornography, and other
criminal violations related to persons and organizations engaged in the sexual exploitation of
children; and
WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to
investigate and prosecute criminal, civil, and forfeiture actions against identified violators, as
appropriate; and
WHEREAS, the undersigned agencies have the authority under Part I, Chapter 23, Florida
State Statutes, "the Florida Mutual Aid Act", to enter into a voluntary Agreement for
cooperation and assistance of routine law enforcement duties that cross jurisdictional lines;
WHEREAS, the undersigned agencies acknowledge that more efficient use of their respective
powers and resources can be made when combined and will thereby provide a higher quality of
law enforcement services to the public through the coordination of members of the undersigned
agencies;
NOW THEREFORE, the parties agree as follows:
Each of the undersigned law enforcement agencies approve, authorize and enter into this
Agreement at the request of the Office of the Attorney General Child Predator CyberCrime Unit
(hereinafter "CPCU") for the purpose of accomplishing the goals and objectives contained
herein.
Parties To This Agreement:
Office of the Attorney General Child Predator CyberCrime Unit
Other Agencies as evidenced by their attached authorized signature pagers)
Parties may, with the approval of the Office of the Attorney General's CPCU, enter into this
Agreement as evidenced by their signing of this Agreement. Any party may cancel its
Item # 41
Attachment number 1
Page 3 of 9
participation in this Agreement upon delivery of written notice of cancellation to the Director of
the Office of the Attorney General's CPCU.
Intent Statement, Goals and Provisions for Voluntary Cooperation:
It is the intention of the Office of the Attorney General's CPCU to establish this multiMagency
mechanism by which area law enforcement agencies can dedicate resources for the purpose of
targeting internet crimes against children offenders, along with their associated distribution
organizations.
The principal purpose of this multi-agency agreement shall be the successful prosecution of
violators of the internet crimes against children laws, with particular emphasis placed on efforts
designed to identify and dismantle organized criminal enterprises. Furthermore, emphasis shall
be placed on targeting violators that commit criminal acts in multiple jurisdictions and/or
multiple judicial circuits.
Enforcement efforts shall include, but are not limited to, undercover operations designed to
detect illegal internet crimes against children activity, including but not limited to violations of
Chapter 847 and Chapter 827, Florida Statutes; the arrest and prosecution of those involved; the
forfeiture of assets from those engaged in such activity; and the referral of investigative leads
and intelligence to such other federal, state or local law enforcement authorizes as may be
required and appropriate under this agreement.
While the seizure and civil forfeiture of assets is an effective tool in combating organized
criminal activity, the seizure and forfeiture of assets shall not take priority over the primary
function, which shall be to enforce criminal law violations.
Nothing herein shall otherwise limit the ability of participating members to provide, as provided
by or allowable by law, such assistance in any enforcement action as may be lawfully requested
by a law enforcement officer having jurisdiction over an incident, crime or matter under
consideration.
The parties to this Agreement are contributing personnel and resources in support of the internet
crimes against children enforcement efforts, with the operations being coordinated by the Office
of the Attorney General's CPCU.
The Office of the Attorney General's CPCU Prosecutor will be involved in investigative review
and provide guidance when appropriate to ensure successful prosecution of a case. Additionally,
the CPCU Prosecutor will determine whether cases resulting from internet crimes against
children investigation shall be prosecuted in state court, or whether an individual case would be
best resolved through referral to the United States Attorney for consideration of federal
Item # 41
Attachment number 1
Page 4 of 9
prosecution. Should the participating agency disagree with the initial venue determination made
by the Office of the Attorney General's CPCU Prosecutor, said agency supervisor should consult
with the Office of the Attorney General's CPCU Prosecutor, on an individual case basis, for
reconsideration and final decision. Final determination will rest with the Office of the Attorney
General's CPCU Prosecutor.
Jurisdiction:
Members shall enjoy full jurisdictional authority and statewide arrest authority anywhere within
the State of Florida, with full power to enforce Florida laws and avail themselves of the
provisions of this Agreement when engaged in internet crimes against children operations that
have been approved by, and initiated through the Office of the Attorney General's CPCU as
contemplated by the Agreement. Members operating outside the jurisdiction of their Agency
shall not enjoy extra-jurisdictional authority as a law enforcement officer unless approved in
advance by the supervising Lieutenant or the Chief of Law Enforcement of the Office of the
Attorney General's CPCU. At no time, will members operating outside the jurisdiction of their
Agency execute a search warrant or make an arrest unless accompanied by a sworn law
enforcement member of the Office of the Attorney General's CPCU and with the approval of the
supervising Lieutenant, Captain, or the Chief of Law Enforcement of the Office of the Attorney
General's CPCU.
The Parties to this Agreement recognize that any extension of jurisdictional authority beyond the
bounds of their employing Agency is by reason of this Agreement and the overall supervision
and authority of the Attorney General's CPCU as provided by the "Florida Mutual Aid Act"
Pursuant to Section 23.127(1), Florida Statutes. Designated employees of the undersigned
Agencies participating under this Agreement shall, when engaging in authorized mutual
cooperation and assistance pursuant to this Agreement, have the same obligations, powers,
duties, rights, privileges and immunities as if the employee were performing duties inside the
political subdivision in which the employee in normally employed.
Activities shall be considered authorized only when approved and actually directed as provided
herein by the Office of the Attorney General's CPCU. No extension of jurisdiction or authority
is granted by this Agreement for law enforcement activities unless they are approved and
supervised as provided herein and are internet crimes against children operations or have been
encountered directly incident to an approved Office of the Attorney General's CPCU, internet
crimes against children operation.
If a conflict arises between an order or direction provided by the Office of the Attorney
General's CPCU member and a member's employing Agency's rules, standards, or policies, the
conflict shall be promptly reported to the Office of the Attorney General's CPCU supervisor, and
to the supervisor in the member's agency chain of command. The Office of the Attorney
General's CPCU supervisor, in conjunction with the member's agency supervisor, shall attempt
to resolve the conflict in a manner that will allow the internet crimes against children operation
Item # 41
Attachment number 1
Page 5 of 9
to continue appropriately. At no time will a participating member be forced to violate his/her
own agency's policies or rules to carry out an internet crimes against children initiative.
The parties to this Agreement may, by a written memorandum of understanding or written
attachment to this Agreement, identify or further define particular guidelines, policies, or
procedures to be utilized by members when engaged in internet crimes against children
operations. In the absence of written memorandum of understanding or attachments, the policies
and procedures to be utilized shall be those policies and procedures of the Office of the Attorney
General Child Predator CyberCrime Unit. However, as stated above, no member will be
expected to violate or othenvise fail to maintain the member's employing Agency's standards of
conduct, rules or policies.
Powers, Privileges, Costs and Liability-Related Issues:
Employees of the participating agencies, when actually engaging in mutual cooperation and
assistance outside of their jurisdictional limits but inside the state, while in the company of an
Office of the Attorney General Child Predator CyberCrime Unit sworn law enforcement
member, under the terms of this agreement, shall, pursuant to the provisions of section
23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if
the employee was performing duties inside the employee's political subdivision in which
normally employed.
An agency that furnishes equipment pursuant to this agreement must bear the cost of loss or
damage to that equipment and must pay any expense incurred in the operation and maintenance
of that equipment.
Each member agency engaging in internet crimes against children initiatives pursuant to this
Agreement agrees to assume its own liability and responsibility for the acts, omissions, or
conduct of such Party's own employee while such employees are engaged in internet crimes
against children activities/initiatives, and shall remain responsible for the compensation,
retirement, workers compensation and other benefits accruing to the benefit of said participating
employees, as further discussed below:
The Office of the Attorney General Child Predator CyberCrime Unit will provide a secure work
area, for each member to conduct internet crimes against children initiatives in accordance with
existing guidelines established by the Office of the Attorney General Child Predator CyberCrime
Unit. The Office of the Attorney General Child Predator CyberCrime Unit will also provide the
necessary covert internet connection to conduct internet crimes against children initiatives and
each party to this Agreement will be subject to and abide by the undercover computer policies of
CPCU and ICAC policies. Any failure to comply with those policies will void this Agreement
and the member agency will be terminated from the CPCU Taskforce.
Item # 41
Attachment number 1
Page 6 of 9
Each party to this Agreement agrees to furnish necessary personnel, property, police equipment,
including suitable computers for use in conducting covert internet crimes against children
initiatives, including vehicles and resources in order to effect the purpose of the internet crimes
against children investigative activities, and agrees to bear the cost of loss or damage to its
equipment, vehicles or property so provided. Parties understand and agree that they will be
responsible for their own liability and bear their own costs with regard to their property and
resources, or personnel expenses incurred by reason of death, injury or incidents giving rise to
liability.
Each Agency furnishing services pursuant to this Agreement shall compensate its employees
during the time such services are rendered and shall defray the actual expenses of its employees
while they are rendering such services, including any amounts paid or due for compensation due
to personal injury or death while such employees are engaged in rendering such services. The
privileges and immunities from liability, exemption from laws, ordinances, and rules, and all
pension, insurance, relief, disability workers' compensation, salary (including overtime
compensation or compensatory time), death and other benefits that apply to the activity of an
employee's Agency when performing the employee's duties within the territorial limits of the
employee's Agency shall apply to the employee to the same degree, manner, and extent while
such employee acts under this Agreement.
The provisions of this section shall apply with equal effect to paid, volunteer, and auxiliary
employees.
Nothing in this agreement is intended or is to be construed as any transfer or contracting away of
the powers or functions of one party hereto to the other.
Property Seizure and Forfeiture Considerations:
No funds or other property seized during the internet crimes against children operations are to be
utilized by any member agency prior to successful forfeiture or until the title or interest in the
funds otherwise lawfully vests in one of more member agencies. Forfeiture actions based upon
seizures made by members shall be based upon current statutory and case law. The Parties agree
that the Sheriff of the county wherein the seizure occurs, or the Office of the Attorney General,
through its attorneys, will be primarily responsible under this Agreement for pursuing all
forfeiture actions on behalf of all Parties in state court, subject to their right to reimbursement of
associated costs; however, this provision shall not preclude the use of other forfeiture attorneys
or personnel as needed on particular matters, nor shall it preclude the adoption of said seizures
for federal forfeiture proceedings when deemed appropriate. Distribution of the proceeds from
successful forfeiture actions shall be equitable among the Parties to this Agreement and
participating in the operation associated with the seized and forfeited items and shall take into
account their relative roles in support of the efforts unless an alternative distribution allocation
among the Parties has been agreed upon.
Item # 41
Attachment number 1
Page 7 of 9
Any Party to this agreement or any prosecutor handling the criminal prosecution of internet
crimes against children cases may request copies of forfeiture complaints and pleadings filed by
reason of internet crimes against children seizures, and such copies shall be promptly provided to
the requestor. If any legal dispute or concern as to the form or sufficiency of forfeiture actions or
other action proposing to vest the interest of member agency (ies) in seized cash or property is
raised by any of the Parties to the Agreement, an attempt to resolve the issue through informal
discussion and contacts shall be made. In the event any Party to this Agreement believes that
there is no legal sufficiency upon which to pursue the forfeiture of particular seized cash or
property, and concerns cannot be resolved, no forfeiture action is to be filed. All options
available to state and local law enforcement agencies with regard to unclaimed evidence or
abandoned property, gifts and plea agreements are available, provided the property under
consideration otherwise qualifies under law for such consideration. Forfeiture actions shall be
further governed by terms and conditions described in Section 932.704(11)(a), Florida Statutes.
Evidence and Records:
The Parties agree that reports and records shall be maintained in accordance with the policies and
guidelines established by the Attorney General's CPCU and will utilize the CPCU case tracking
and evidence database. This will not restrict member agencies from utilizing their agencies
current case reporting mechanism in documenting investigative reports as dictated by agency
policy.
Evidence shall be seized in accordance with each member's agency guidelines and all evidence
seized in internet crimes against children operations shall be maintained by the participating
local agency in whose jurisdiction the evidence was initially seized.
The Office of the Attorney General's CPCU may at any time order a review and audit by the
Office of the Attorney General Inspector General's Office, of operations with regard to the
seizure and handling of all evidence, property, or cash or any other aspect of internet crimes
against children operations. The Parties agree to cooperate in any such audit by allowing full
access to documents, personnel and facilities to perform the audit function.
Terms of Agreement:
This Agreement shall become effective as to the executing Parties upon execution by the
Director of the Office of the Attorney General's CPCU and at least one other participating
Agency. As each additional Party executes this Agreement, it shall be effective as to the newly
executing Party.
Item # 41
Attachment number 1
Page 8 of 9
This Agreement shall remain in full force as to all participating Parties until December 31, 2011,
unless canceled in writing by the Director or Chief of Law Enforcement of the Office of the
Attorney General's CPCU, or as canceled in writing by an individual Party as provided herein.
This Agreement may be duplicated for dissemination to all Parties and such duplication shall be
of the same force and effect as the original. Execution of this Agreement may be signified by
properly signing a separate signature page, the original of which shall be returned to, and
maintained by, the Chief of Law Enforcement, Office of the Attorney General's CPCU, 1300
Riverplace Blvd, Suite 405, Jacksonville, FL 32207. Under no circumstances may this
Agreement be renewed, amended, or extended except in writing.
Item # 41
Attachment number 1
Page 9 of 9
A2:encv Si2:nature Pa2:e
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement to Combat
Internet Crimes Against Children
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a chief executive officer of
the Agency who is authorized to contractually bind the agency. By signing below, an indication
of such authorization is being made. Any signatory may attach to this signature page any further
evidence of authorization you wish to remain on file at the Office of the Attorney General's
CPCU along with this signature page.
..............................................................................1
For the
(Agency)
(Signature) (See Resolution 08-16, attached hereto, authorizing this signature)
(Printed Name)
(Title)
(Date)
Item # 41
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the State of Florida Department of Transportation contract renewal for sweeping state roadways as outlined in the
Maintenance Agreement, FIN project 42193917201 and adopt Resolution 08-13.
SUMMARY:
The maintenance agreement between the Florida Department of Transportation and the City of Clearwater
approved by Council on September 20, 2007, for the sweeping of various state roadways in 26 cycles will expire
on December 6,2008.
The City of Clearwater Legal Staff has coordinated the scope of services with the FDOT
representative. Renewal is subject to the terms and conditions as outlined in the maintenance agreement scope of
services, designated sweeping locations, and method of compensation, exhibits A, B, and C respectively.
FDOT Standard Agency Format requires conformance with the Manual of Uniform Traffic Control Devices
(MUTCD). The Public Services Department has the necessary equipment to conform to the MUTCD, i.e.... a
shadow truck with an attenuator and arrow board.
FDOT compensation for services is based on miles of sweeping completed, currently estimated at
$40,876.94 annually (at $70.30 per mile).
Operating costs to provide these services are approximately $52.00 per mile.
Type:
Current Year Budget?:
Other
Yes
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
to
Review Approval: 1) Clerk
Cover Memo
Item # 42
Attachment number 1
Page 1 of 1
RESOLUTION NO. 08-13
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE EXECUTION OF A
CONTRACT RENEWAL OF THE MAINTENANCE
AGREEMENT BETWEEN THE CITY OF CLEARWATER
AND THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, TO PROVIDE FOR ROADWAY
SWEEPING WITHIN THE DEPARTMENT'S RIGHT-OF-
WAY IN THE CITY OF CLEARWATER; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FDOT) has agreed to
retain the City of Clearwater to perform roadway sweeping within the Department's
right-of-way in the City of Clearwater under the Maintenance Agreement, FIN Project
No. 42193917201, a copy of which is attached hereto as Exhibit "A"; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the renewal of the
Maintenance Agreement between City of Clearwater and the State of Florida
Department of Transportation, FIN Project No. 42193917201 to retain the City of
Clearwater to provide roadway sweeping within the Department's right-of-way in the
City of Clearwater, and authorizes Clearwater City Manager, William B. Horne II, to sign
said Maintenance Agreement on behalf of the City of Clearwater.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2008.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Camilo A. Soto
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution Nteoo-# J:1.2
Attachment number 2
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Contract No.
FIN Project No. 42193917201
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
MAINTENANCE AGREEMENT
STANDARD AGENCY FORMAT
BY THIS AGREEMENT, made and entered into this _ day of _, 20_, by and
Between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTAION, District VII, an
Agency of the State of Florida, hereinafter called "Department" and The City of Clearwater,
Florida a Municipal Corporation, hereinafter called "Agency", hereby agree as follows:
1. SERVICES AND PERFORMANCE
A. In connection with Performing Roadway Sweeping on the Primary Roadway systems
within the city limits of Clearwater, Pinellas County, Florida, the Department does
hereby retain the Agency to furnish certain services, information and items as described
in Exhibit "A", attached hereto and made a part hereof. These services were acquired
in compliance with Section 335.055.
B. Before any additions or deletions to the work described in Exhibit "A", and before
undertaking any changes or revisions to such work, the parties shall enter into a
Supplemental Agreement covering such modifications and the compensation to be paid
therefore. Performance of any such services prior to the execution of a Supplemental
Agreement will result in nonpayment of those services. Reference herein to this
Agreement shall be considered to include any supplemental thereto.
C. Where Exhibit "A" calls for the preparation of tracings, plans, specifications, maps,
and/or reports these items as well as all data collected, together with summaries and
charts derived wherefrom, shall be considered works made for hire and shall become the
property of the Department without restriction or limitation on their use and shall be
made available, upon request, to the Department at any time. The Agency shall not
copyright any material and products or patent any invention developed under this
Agreement. The Department will have the right to visit the site for inspection of the
work and the drawings of the Agency at any time. Unless changed by written agreement
of the parties, said site shall be City of St. Petersburg, Florida, P.O Box 2842 St.
Petersburg, FL. 33731-2842
D. All final plans, documents, reports, studies and other data prepared by the Agency will bear
the endorsement ofa person in the full employ of the Agency.
E. The Department will be entitled at all times to be advised, at its request, as to the status of
work being done by the Agency and of the details thereof. Coordination shall be
maintained by the Agency with representatives of the Department.
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F. All services shall be performed by the Agency to the satisfaction of the Director who shall
decide all questions, difficulties and disputes of any nature whatsoever that may arise
under or by reason of this Agreement. The Director's decision upon all claims, questions
and disputes shall be final and binding upon all parties. Adjustments of compensation and
contract time because of any maj or changes in the work that may become necessary or
desirable shall be left to the absolute discretion of the Director.
Reference herein to Director shall mean the Department's District Secretary of District
Seven, or his designee.
2. TERM
A. Initial Term. This Contract shall begin on the date of execution and shall terminate on
Date Listed Below. Subsequent to the execution of the Agreement by both parties, the
services to be rendered by the Agency shall commence and be completed in accordance
with the option selected below.
[X] Services shall commence upon written notice from the Department's Contract
Manager and shall be completed by 365 DAYS or date of termination, whichever
occurs first.
[ ] Services shall commence , 20_, and shall be completed by
, 20 or date of termination whichever occurs first.
[ ] Other: See Exhibit "A"
B. RENEWALS
[ ] This Contract may not be renewed.
[X] This Contract may be renewed on a yearly basis for a period of up to two years
after the initial contract or for a period no longer than the term of the original
contract whichever period is longer. Renewals shall be contingent upon
satisfactory performance evaluations by the Department and subject to the
availability of funds. Any renewal or extension shall be in writing and executed
by both parties, and shall be subject to the same terms and conditions set forth in
this Agreement.
C. EXTENTIONS. In the event that circumstances arise which make performance by the
Agency impracticable or impossible within the time allowed or which prevent a new
contract from being executed, the Department, in its discretion, may grant an extension of
the Agreement. Extension of this Agreement shall be in writing for period not to exceed
six (6) months and shall be subject to the same terms and conditions set forth in this
Agreement; provided the Department may, in its discretion, grant a proportional increase
in the total dollar amount based on the method and rate established herein. There shall be
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only one extension of this Agreement unless the failure to meet the criteria set forth in
this Agreement for completion of this Agreement is due to events beyond the control of
the Agency.
It shall be the responsibility of the Agency to ensure at all times that sufficient time
remains in the Project Schedule within which to complete services on the project. In the
event there have been delays, which would affect the project completion date, the Agency
shall submit a written request to the Department which identifies the reason(s) for the
delay and the amount of time related to each reason. The Department will review the
request and make a determination as to granting all or port of the requested extension.
3. COMPENSATION AND PAYMENT
A. The Department agrees to pay the Agency for the herein described services at
compensation as detailed in Exhibit "C" attached hereto and made a part hereof.
B. Payment shall be made only after receipt and approval of goods and services unless
advance payments are authorized by the State Comptroller under Section 215.422(14),
Florida Statutes.
C. If this Contract involves units of deliverables, then such units must be received and
accepted in writing by the Contract Manager prior to payments.
D. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b),
Florida Statutes.
E. Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre audit and post audit thereof.
F. Bills for travel expenses specifically authorized shall be submitted and paid in accordance
with Section 112.061, Florida Statutes
G. The Agency providing goods and services to the Department should be aware of the
following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services, unless the Agreement specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the
Department of Banking and Finance. The 20 days are measured from the latter of the
date the invoice is received or the goods or services are received, inspected and approved.
H. If a payment is not available within 40 days, a separate interest penalty of .03333 percent
per day will be due and payable, in addition to the invoice amount, to the Agency.
Interest penalties of less than on (1) dollar will not be enforced unless the Agency
requests payment. Invoices, which have to be returned to the Agency because of Agency
preparation errors, will result in a delay in the payment. The invoice payment
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requirements do not start until a properly completed InVOICe IS provided to the
Department.
I. A Vender Ombudsman has been established within the Department of Banking and
Finance. The duties of this individual include acting as an advocate for
contractors/vendors who may be experiencing problems in obtaining timely payment(s)
from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or by
calling the State Comptroller's Hotline, 1-800-848-3792.
1. Records of costs incurred under terms of this Agreement shall be maintained and made
available upon request to the Department at all times during the period of this Agreement
and for three years after final payment is made. Copies of these documents and records
shall be furnished to the Department upon request. Records of costs incurred includes the
Agency's general accounting records and the project records, together with supporting
documents and records, of the Agency and all subcontractors performing work on the
proj ect, and all other records of the Agency and subcontractors considered necessary by
the Department for a proper audit of costs.
K. The Department, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess
of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no
money may be paid on such contract. The Department shall require a statement from the
Comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding one year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years. Accordingly, the State of Florida's performance and obligation
to pay under this Contract is contingent upon an annual appropriation by the Legislature.
This paragraph shall be incorporated verbatim in all contracts of the department which
are in an amount in excess of $25,000 and which have a term for a period of more than
one year.
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4. INDEMNITY AND SURETYSHIP
A. INDEMNITY. To the extent provided by law, the Agency shall indemnify, defend, and
hold harmless from any claim, loss, damage, cost, charge, or expense arising out of any
act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its
employees will be liable under this paragraph for any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission, or negligent act by the Department or any
of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused
by the Agency in the performance of services required under this agreement, the
Department will immediately forward the claim to the Agency and the Department will
evaluate the claim and report their findings to each other within fourteen (14) working
days and will jointly discuss options in defending the claim. After reviewing the claim,
the Department will determine whether to require the participation of the Agency in the
defense of the claim or to require that the Agency defend the Department in such claim as
described in this section. The Department's failure to promptly notify the Agency of a
claim shall not act as a waiver of any right herein to require the participation in or
defense of the claim by the Agency. The Department and the Agency will each pay its
own expenses for this evaluation, settlement negotiations, and trial, if any. However if
only one party participates in the defense of the claim at trial, that party is responsible for
all expenses at trial.
B. LIABILITY INSURANCE
[X] No general liability insurance required.
[ ] The Agency shall carry and keep in force during the period of this Agreement a
general liability insurance policy or policies with a company or companies authorized to
do business in Florida, affording public liability insurance with combined bodily injury
limits of at lease $_ per person and $_each occurrence, and property damage
insurance of at least $ each occurrence, for the services to be rendered in accordance
with this Agreement.
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C. WORKER'S COMPENSATION. The Agency shall also carry and keep in force Worker's
Compensation insurance as required for the State of Florida under the Worker's
Compensation Law.
D. CERTIFICATION. With respect to any insurance policy required pursuant to this
Agreement, all such policies shall be issued by companies of recognized responsibility and
licensed to do business in the State of Florida. The Agency shall provide to the Department
certificates showing the required coverage to be in effect and showing the Department to be
an additional certificate holder. Such policies shall provide that the insurance is not
cancelable except upon thirty (30) days prior written notice to the Department.
5. COMPLIANCE WITH LAWS
A. The Agency shall allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Agency in conjunction with this Agreement. Failure by the Agency to grant such public
access shall be grounds for immediate unilateral cancellation of this Agreement by the
Department. However, upon receipt of any such public records request, the Agency shall
immediately, and before releasing such records, notify the Department's Contract Manager.
B. The Agency agrees that prior to issuing any statements, press or publicity releases concerning
this Agreement or its subject matter or otherwise disclosing any of the data or other
information obtained or furnished in compliance with this Agreement, or any particulars
thereof, the Agency will notify the Department's Contract Manager.
C. The Agency shall comply with all federal, state and local laws and ordinances applicable to
the work or payment for work thereof, and shall not discriminate on the grounds of race,
color, religion, sex, or national origin in the performance of work under this Contract.
D. If the Agency is licensed by the Department of Professional Regulation to perform the
services herein contracted, the Section 337.162, Florida Statutes, applies as follows:
(1) If the Department has knowledge or reason to believe that any person has
violated the provisions of the state professional licensing laws or rules, it shall
submit a complaint about the violations to the Department of Professional
Regulation. The complaint shall be confidential.
(2)
Any person who is employed by the Department and who is licensed by the
Department of Professional Regulation and who, through the course of his
employment, has knowledge to believe that any person has violated the
provisions of state professional licensing laws or rules shall submit a complaint
about the violations to the Department of Professional Regulation. Failure to
submit a complaint about the violations may be grounds for disciplinary action
pursuant to Chapter 455 and the state licensing law applicable to that licensee.
The complaint shall be confidential.
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(3) Any confidential information submitted to the Department of Professional
Regulation shall remain confidential pursuant to Chapter 455 and applicable
state law.
E. The Agency covenants and agrees that it and its employees shall be bound by the standards
of conduct provided in applicable Florida Statutes and applicable rules of the Board of
Professional Regulation as they relate to work performed under this Agreement. The Agency
further covenants and agrees that when a former state employee is employed by the Agency,
the Agency will require that strict adherence by the former state employee to Florida Statutes
112.313(9) and 112.3185 is a condition of employment for said form state employee. These
statutes will by reference be made a part of the Agreement as though set forth in full. The
Agency agrees to incorporate the provisions of this paragraph in any subcontract into which
it might enter with reference to the work performed pursuant to this Agreement.
6. TERMINATION AND DEFAULT
A. This Agreement may be canceled by the Department in whole or in part at any time the
interest of the Department requires such termination. The Department also reserves the right
to seek termination or cancellation of the Agreement in the event the Agency shall be placed
in either voluntary or involuntary bankruptcy. The Department further reserves the right to
terminate or cancel the Agreement in the event an assignment be made for the benefit of
creditors. This Agreement may be canceled by the Agency only by mutual consent of both
parties.
B. If the Department determines that the performance of the Agency is not satisfactory, the
Department shall have the option of (a) immediately terminating the Agreement, or (b)
notifying the Agency of the deficiency with a requirement that the deficiency be corrected
within a specified time, otherwise the Agreement will be terminated at the end of such time,
or (c) take whatever action is deemed appropriate by the Department.
C. If the Department requires termination of the Agreement for reasons other that unsatisfactory
performance of the Agency, the Department shall notify the Agency of such termination,
with instructions as to the effective date of termination or specify the stage of work at which
the Agreement is to be terminated.
D. If the Agreement is terminated before performance is completed, the Agency shall be paid
only for that work satisfactorily performed for which costs can be substantiated. Such
payment, however, may not exceed an amount, which is the same percentage of the contract
price as the amount of work satisfactorily completed is a percentage of the total work called
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for by this Agreement. All work in progress will become the property of the Department and
will be turned over promptly by the Agency.
7. ASSIGNMENT AND SUBCONTRACTS
The Agency shall no sublet, assign or transfer any work under this Agreement without the
prior written consent of the Department.
8. MISCELLANEOUS
A. The Agency and the Department agree that the Agency, its employees, and subcontractors
are not agents of the Department as a result of the Contract for purposes other than those set
out in Section 337.274, Florida Statutes.
B. All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any
gender shall extend to and include all genders.
C. This Agreement embodies the whole agreement of the parties. There are no promises, terms,
conditions, or obligations other than those contained herein, and this Agreement shall
supersede all previous communications, representations, or agreements, either verbal or
written, between the parties hereto.
D. It is understood and agreed by the parties hereto that if any part, term or provision of this
Agreement is by the courts held to be illegal or in conflict with any law of the State of
Florida, the validity of the remaining portions or provisions shall not be affected, and the
rights and obligations of the parties shall be construed and enforced as if the Agreement did
not contain the particular part, term or provision held to be invalid.
E. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida.
F. In any legal action related to this Agreement, instituted by either party, the Agency and the
Department agree that venue shall be governed by Section 337.19, Florida Statutes.
G. Attachments.
Page A-I through Page A-4:
Exhibit "A" Scope of Services
Page B-1
Exhibit "B", Sweeping Locations & Quantities
Page C-1:
Exhibit "C", Method of Compensation
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IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized
officers on the day, month, and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Name of Agency
By:
Authorized Signature
Name:
Title:
By:
Director of Operations
District Seven
(Seal)ATTEST:
Executive Secretary
(Seal)
ATTESST:
FOR DEPARTMENT USE ONLY
LEGAL REVIEW
AUTHORIZATION RECEIVED FROM
COMPTROLLER'S OFFICE AS TO
AVAILABILITY OF FUNDS
Attorney, Department of Transportation
AIREVISION.ONE
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EXHIBIT" A", SCOPE OF SERVICES
I. The Agency shall assume the Departments maintenance responsibilities as follows:
A. The Agency shall perform routine mechanical/vacuum road and bridge sweeping consisting
of cleaning and removing sand, soil, paper, glass, cans and other debris from designated areas
within the limits of the State Maintained Highway right-of-way.
Areas to be cleaned will be curb and gutter, valley gutter, and curbs, and median, gore areas,
inlet grates, inlet throats, and other designated sites.
Spot sweeping and cleanup of accident and/or load spills will be the responsibility of the
Department.
These specifications and special provIsIOns are end-result oriented. Although the main
purpose of this contract is to accomplish mechanical/vacuum road sweeping operations on
state roadways, the Agency may encounter objects larger than what a mechanical sweeper
can remove. At such times, the Agency shall furnish hand or mechanical means to remove
all debris encountered.
B. All roadway sweeping must be done between the hours of 7:00 PM and 6:AM Sunday night
thru Friday Morning to minimize the disruption of traffic.
All operations shall be performed in accordance with the Departments District 7 Lane
Closure Guide.
Sweeping shall include (22.364) miles on various state roads in Pinellas County.
C. All roadway sweeping operations shall follow the safety guidelines established in the
Departments latest edition of the Roadway and Traffic Design Standard, Index 600 and the
latest edition of the Manual on Uniform Traffic Control Devices, Part VI.
When mechanical/vacuum sweeper is used on the roadway it shall have a SLOW MOVING
VEHICLE sign mounted on top of the vehicle. Additionally, a flashing arrow panel in
conformance with Section 6E-8 and 6E-9 of the Manual of Uniform Traffic Control Devices
(MUTCD) shall be mounted on the top rear of the vehicle.
A shadow truck or attenuator truck shall be provided when sweeping is to be accomplished
on all State Roadways. The shadow truck shall also be equipped with a sequential arrow
panel mounted on the top rear of the vehicle in conformance with Section 6E-9 of the
MUTCD.
A-I
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In addition, the shadow truck shall be equipped with an Attenuator System (approved crash
cushion system) designed for installation at the back of the vehicle. The foregoing
requirements are to be considered as minimum and the Agencies compliance with these
recommendations shall in no way relieve him of final responsibility for providing adequate
traffic control devices for the protection of employees and public throughout the work areas.
All sweeping shall be accomplished with or in the same direction as the traffic. Sweeping
against or opposing the traffic SHALL NOT be permitted.
D. All safety devices on the sweeping operation equipment shall be inspected by the Engineer or
his representative prior to being placed into service for this contract. Any deficient safety
devices shall be corrected or replaced immediately and service shall not begin until the
deficiency is corrected.
The mechanical road sweepers shall have a capacity of at least 7 yards cubed and shall be
equipped with the required safety devices listed under Section "C".
The shadow truck or attenuator truck shall weigh a minimum of 10,000 pounds and shall be
equipped with the required safety devices listed under Section C.
Use truck mounted attenuators rated at 43 mph or 62 mph design speeds, Base utilization of
TMAs on the posted speed limit. Restrict a TMA rated for 43 mph to use on roadways with
posted speed limits of 43 mph or less and prohibit from use on freeways. A TMA rated for
62 mph may be utilized on all freeways or roadways with posted speed limits greater than 43
mph. Equip the TMA cartridge with lights and reflectors in compliance with applicable
Florida motor vehicle laws, including turn signals, dual taillights, and brake lights. Ensure
that lights are visible in both the raised and lowered positions if the unit is capable of being
raised.
Ensure that the complete unit is painted DOT yellow (Fed. Std. 595 b, No. 13538). Stripe the
rear facing of the cartridge in the operating position with the alternating 6 inches safety
orange 45E striping to form an inverted "V" at the center of the unit and slope down and
toward the outside of the unit, in both directions from the center. The bottom of the cartridge
shall have the same pattern, covering the entire bottom, with 6 inches white and 6 inches
safety orange stripes. Use Type III reflectorized sheeting for striping.
Obtain certified test reports from the TMA manufacturer showing the attenuator meets all
requirements set by the National Cooperative Highway Research Program, Report 230.
Certification shall include drawings and calculations signed and sealed by a Professional
Engineer registered in the State of Florida for each model.
A-2
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The flashing arrow boards shall be in conformance with Section 6E-9 of the Manual of
Uniform Traffic Control Devices.
E. The sweeping operations shall not create exceSSIve airborne dust or other particles as
determined by the Engineer.
Vehicles that are parked in the sweeping area are to be swept around. The area occupied by a
parked vehicle will be considered as work accomplished.
F. The term debris shall mean all materials normally picked up by a mechanical sweeper, such
as sand, glass, paper, cans, and other materials. It also will include large items such as tires,
tire parts, hub caps, large stones, boxes, tree limbs, wood, cable, and other such materials.
It is expected that the Agency shall encounter objects that are larger than what the
mechanical/vacuum sweeper can capably remove and therefore the Agency shall use other
means (hand or mechanical) to successfully remove all debris encountered.
It is expected that the Agency shall encounter piles of soil and vegetation which will require
special removal methods over and above that to be encountered in normal Sweeping of
Accumulated Debris during the first complete cycle. The Agency shall furnish such labor,
materials and equipment as may be required to accomplish removal of these built-up areas.
Disposal of debris shall be the responsibility of the Agency and in accordance with all rules
and regulations in effect at the time of the disposal. Cost involved with the disposal of debris
shall be included in the contract unit price(s).
STOCKPILING OF DEBRIS ON THE RIGHT-OF-WAY SHALL NOT BE PERMITTED.
G. Completed work shall be clean and free of all accumulated debris after sweeping as
determined by the Departments Inspector, regardless of the number of sweeping passes
required to achieve the specified quality.
H. For the purpose of this contract, the areas specified for sweeping shall be all the locations on
the location map. The areas specified shall be swept for (26) cycles.
Each sweeping cycle shall be performed, completed and accepted within seven (1) calendar
days after issuance of the work document.
Sweeping paved shoulders, curbs and gutters, highway interchange ramps, barrier walls, gore
areas and curbed areas of bridge decks and other designated areas measured in miles.
Sweeping and complete removal of build-up areas and accumulated debris for the initial
cycle, measured in lane miles. Lane miles shall mean all areas where sweeping is to be
accomplished measured longitudinally, i.e., as to cover the ENTIRE WIDTH of paved
median and outside shoulders.
A-3
12
Item # 42
Attachment number 2
Page 13 of 15
I. If at any time after the Agency has assumed the aforementioned maintenance responsibilities
it shall come to the attention of the Department's District Secretary for District Seven that the
right-of-way as identified in Attachment "A", or any part thereof, is not properly maintained
pursuant to the terms of this Agreement, the District Secretary may issue a written notice that
a deficiency or deficiencies exist(s) by sending a certified letter in care of City Manager, City
of Clearwater.
Thereafter, the Agency shall have a period of (30) calendar days within which to correct the
cited deficiency or deficiencies. If said deficiency or deficiencies are not corrected within
this period, the Department may at its option, proceed as follows:
A. Assess the Agency costs, if any, incurred by the Department to maintain the areas
covered under this Agreement with Department or private agency forces, or
B. Terminate Agreement in accordance with Paragraph VI and maintain all of the
areas covered under this Agreement by Department of private agency forces.
1. The Department recognizes that the Agency must comply with Section 166.241, Florida
Statutes, Article VII of the Florida Constitution and Section 2-132 of the City Code. This
Agreement shall not be construed to modify in any way, the Agency's obligations under the
statute, constitution and ordinance.
K. It is understood between the parties hereto that the maintenance areas covered by this
Agreement may be removed, relocated, or adjusted at any time in the future as found
necessary by the Department in order that the adjacent State Road be widened, altered or
otherwise changed to meet with future criteria or planning of the Department. The Agency
shall be given sixty (60) calendar days notice to adjust their maintenance.
A-4
13
Item # 42
Attachment number 2
Page 14 of 15
EXHIBIT "B' SWEEPING LOCATIONS AND QUANTITIES
PAY ITEMS
Roadway Sweeping (Mechanical)
$40,876.94
Sweeoim!: Cycle Miles and Locations
15007 651 Missouri Ave! Belleaire Rd (to) 2 1.535 3.798 4.526 70.30 318.18
Court St Highlands Ave
15025 595 Myrtle Ave Chestnut St (to) 2 0.000 1.585 5.410 70.30 380.32
Ft Harrison Ave
15040 60 Gulf-to-Bay Clearwater Mall 2 4.552 5.803 2.502 70.30 175.89
Blvd (to) McMullen-
Booth Rd
15045 60 Clearwater Mem. Clearwater 4 0.167 0.836 3.184 70.30 223.84
Bridge Memorial Bridge
(to) Oak Ave
15045 60 Chestnut St Oak Ave (to) 4 0.836 1.697 2.678 70.30 188.26
Missouri Ave
15045- 60 Court St Chestnut St. (to) 4 0.000 0.595 1.874 70.30 131 .74
101 Oak Ave
15050 590 Drew St Glenwood Ave 2 1.570 1.888 0.636 70.30 44.71
(to) Keystone Dr
15050 590 Drew St Saturn (to) 4 2.298 2.881 1.554 70.30 109.25
NE Coachman Rd
1 ,572.19
26
40,876.94
B-1
14
Item # 42
Attachment number 2
Page 15 of 15
EXHIBIT "c' METHOD OF COMPENSATION
A. The Department agrees to pay the Contractor $ 40,876.94 annually for maintenance
performed hereunder, provided, however, that such maintenance is performed and complete
pursuant to the terms and standards set forth herein. Payment will only be made on complete
and signed off work orders.
C-1
15
Item # 42
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
A ward a contract to Dolphin Communications Services, Inc., St. Petersburg, FL in the amount of $312,798, for the installation of
conduit and fiber optic cable in support of emergency operations preparedness at various City facilities and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The City's Emergency Management Committee has determined that the recently renovated Station 48 training facility needs to be
equipped to function as an Emergency Operation Center for this hurricane season.
The timing of this decision and the need to provide for additional scalable technology support services at this location requires that
the installation of fiber optic cabling be expedited to support this EOC location.
This vendor is recommended based upon past performance, cost competitiveness, and familiarity with the City's existing fiber
deployment.
The renovated Station 48 is a reinforced structure rated withstand Category 5 storm intensities. This facility will provided back-up
data and voice communications support on the City's Wide area network, and will be capable of providing primary support for
operations in the event that the MSB and Police Main Buildings are rendered unusable for any reason.
This contract will be paid from an existing CIP (94729 City-Wide Connectivity Infrastructure) and will not result in any additional
operating costs.
Type:
Current Year Budget?:
Capital expenditure
Yes
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$312,798
Annual Operating Cost:
Total Cost:
none
$312,798
2007 to 2008
Appropriation Code
0316-94729-56400
Amount
$312,798
Appropriation Comment
Bid Required?:
Other Bid / Contract:
No
Bid Number:
Bid Exceptions:
Emergency
Review Approval: 1) Clerk
Cover Memo
Item # 43
Attachment number 1
Page 1 of 4
Dolphin Communications Services Incorporated
Proposal For
City of Clearwater IT Department
Prepared For: Dan Mayer
Project # 10645-A
7/21/08
Statement of Work
Dolphin Communications Services Incorporated (DCSI) will provide all labor & materials necessary
to install new conduit and fiber optic cabling as specified for immediate use. This conduit / cabling
system will support new communications connectivity from the General Services Building to the
Clearwater Air Park, Solid Waste Facility and Fire Station # 48 Training Facility, and, will connect
these locations to the main fiber optic cabling system at the MSB Building, in Downtown
Clearwater. All scheduling and work will be coordinated with City of Clearwater IT management &
staff to provide a complete structured backbone system as specified.
General Overview
DCSI will provide the following:
· all products and services in accordance with BICSI guidelines & EIA/TIA specifications for a
complete structured connectivity system.
· a single point of contact for all cabling installation services throughout the project
implementation and will provide the City of Clearwater with daily updates of the project's
progress as scheduled.
· all necessary labor and materials for a complete structured connectivity system as specified and
will warrant it's installation to be free from defects in materials & workmanship for a period of
(5) years from date of acceptance and approval from dedicated City of Clearwater IT
Management.
Item # 43
Attachment number 1
Page 2 of 4
Scope of Work
Proposed (SW48E) Solid Waste to Fire Station # 48 Extension
. DCSI will install quad (1%") duct conduit (2,650') from the Solid Waste Facility to the Fire
Station # 48 Training Facility for immediate and future IT communications access. The
conduit system will include (6) new in-ground pull boxes with 20K lid & City of Clearwater
ID tags. All new boxes will be installed to allow immediate & future cabling to be installed
without damage or undue difficulty.
. DCSI will install 4" EMT conduit from the building entrance of the Solid Waste Facility to the
designated IT communications closet for access to all immediate & future cabling that may
be installed.
. DCSI will install a new (24) strand single mode fiber optic cable & tracer wire (4,000') from
the COC Solid Waste Facility to the Fire Station # 48 Training Facility utilizing new conduit
being proposed. This cabling will be installed to the proper locations in each building and will
be terminated, labeled and tested for immediate use. All necessary fiber optic patch panels,
bulkhead adapters and fiber optic assemblies are also included in this project.
Proposed (APE) Air Park Extension
. DCSI will install quad (1%") duct conduit (980') from the General Services Building to the
Clearwater Air Park for immediate and future IT communications access. The conduit
system will include (6) new in-ground pull boxes with 20K lids & City of Clearwater ID tags.
All new boxes will be installed to allow immediate & future cabling to be installed without
damage or undue difficulty for cabling installation.
. DCSI will install a new (24) strand single mode fiber optic cable / tracer (1,100') from the
General Services Building to the Clearwater Air Park utilizing new conduit being proposed.
This cabling will be installed to the proper locations in each building and will be terminated,
labeled and tested for immediate use. All necessary fiber optic patch panels, bulkhead
adapters and fiber optic assemblies are also included in this project.
Item # 43
Attachment number 1
Page 3 of 4
Proposed (SWE) Solid Waste Extension
. DCSI will install quad (1%") duct conduit (4,000') from the General Services Building to the
Solid Waste Facility for immediate and future IT communications access. The conduit
system will include (11) new in-ground pull boxes with 20K lids & City of Clearwater ID
tags. All new boxes will be installed to allow immediate & future cabling to be installed
without damage or undue difficulty for cabling installation.
. DCSI has included cost for the CSX Railway crossing on Hercules Avenue. This includes the
6" rigid sleeve for the quad duct conduit as it crosses the CSX Railway property. Two (2)
additional 30" X 48" X 36" in-ground pull boxes have been included for this CSX Railway
crossing. Pricing does not include costs for Engineering Services that may be required by
CSX in order to obtain final "right of way" approval. These costs will determined based on
final CSX Railway requirements once all requests have been submitted.
. DCSI will install a new (24) strand single mode fiber optic cable / tracer (4,500') from the
General Services Building to the Solid Waste Facility utilizing new conduit being proposed.
This cabling will be installed to the proper locations in each building and will be terminated,
labeled and tested for immediate use. All necessary fiber optic patch panels, bulkhead
adapters and fiber optic assemblies are also included in this project.
Proposed (48) Strand MSB to Public Works Complex Fiber Extension
. DCSI will pull back the existing (48) strand single mode fiber optic cable (coming from the
MSB) at the Public Works Complex and will extend all (48) fibers to the General Services
Building for immediate use. All (48) fibers will be spliced outside the Public Works Complex
in an in-ground pull box & appropriate splice case, and, will terminate into a new (48) port
fiber optic patch panel at the General Services Building. All fibers will be terminated and
tested for immediate use.
Note: The existing (24) strand single mode fiber optic cable from the Public Works Complex
to the General Services Complex will not be effected and will continue to support IT
connectivity to this location.
Item # 43
Pricino Schedule
Total Solid Waste to Fire Station # 48 Material Costs
Total Solid Waste to Fire Station # 48 Labor Costs
Total Extended Labor and Materials Costs
Total General Services to Air Park Material Costs
Total General Services to Air Park Labor Costs
Total Extended Labor and Materials Costs
Total General Services to Solid Waste Material Costs
Total General Services to Solid Waste Labor Costs
Total Extended Labor and Materials Costs
Total (48) Strand Fiber Extension to GS Material Costs
Total (48) Strand Fiber Extension to GS Labor Costs
Total Extended Labor and Materials Costs
Total Extended Project Labor & Materials Costs
Attachment number 1
Page 4 of 4
$ 31,617.00
$ 71.870.00
$ 103,487.00
$ 16,740.00
$ 24,840.00
$ 41,580.00
$ 51,268.00
$ 106,478.00
$ 157,746.00
$ 4,360.00
$ 5,625.00
$ 9,985.00
$312,798.00
Note: All prices exclude any applicable sales tax that may apply.
DCSI - An Ocean of Freedom
Item # 43
Meeting Date: 8/7 /2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint a youth member to the Sister Cities Advisory Board with the term expiring on August 31, 2012.
SUMMARY:
BOARD: Sister Cities Advisory Board
TERM: 4 years
APPOINTED BY: Sister Cities Advisory Board
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: One member of the City Council and a representative of the Clearwater Sister Cities, Inc.
MEMBERS: 6
CHAIRPERSON: Linda S. Damsky
MEETING DATES: No less often than quarterly
PLACE: TBD
APPOINTMENTS NEEDED: 1
SPECIAL QUALIFICATIONS: Representatives of the local business community, the School Board's World Language
Coordinator or designee, and the Clearwater Arts Foundations shall not be required to reside within the City of
Clearwater.
THE FOLLOWING ADVISORY BOARD MEMBER(S) RESIGNED:
1. Nicole Scholet - 2761 Northridge Dr. E., 33761 - Student
Original Appointment 12/14/06 - (Expiration date - 12/31/2010 - 1st Term)
(Youth Member)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE YOUTH MEMBER
VACANCY:
1. Katie Bosley - 2524 Northfield Ln., 33761 - Student
(Youth Member)
2. Zachary Tranter - 2295 Glenmoor Rd. S., 33764 - Student
Cover Memo
(Youth Member)
Item # 44
Zip codes of current members:
2 - 33765
1 - 33767
1 - 34698
Review Approval: 1) Clerk
Cover Memo
Item # 44
Attachment number 1
Page 1 of 1
CITY OF CLEARWATER - APPLICATION FOR ADVISORY
BOARDS
Name: Zachary Tranter
RECEIVED
JUl 01 2008
Home Address:
2295 Glenmoor Rd. S.
Clearwater, FI 33764
Telephone: 727-531-6230
OfFICIAL RECORDS ANi)
LE6ISLA'TtVE SRVC:S DFPT
Office Address: N/A
How long a resident of Clearwater? : 7 years
Occupation: Student
School: Palm Harbor University High School
Field of Education: IB Program
Community Activities: From May 2007 to May 2008, I raised a future service dog
for PAWS with A Cause.
Other Interests: I enjoy cooking, singing, and acting.
Board Service: N/A
Board Preference: Youth Member of the Sister Cities Advisory Board
Date: June 27, 2008
Item # 44
Attachment number 1
Page 1 of 1
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
I understand that the Sister Cities Advisory Board is in place to preserve the
great relationship between Nagano, Japan and Clearwater. They try to better
the program in any way possible.
2. Have you ever observed a board meeting either in person or on C-View,
the City's TV station?
After returning from Nagano with the 2007 Student Exchange, my fellow
students and I attended a board meeting to present the city with the gifts
given to them by Nagano.
3. What background and/or qualifications do you have that you feel would
qualify you to serve this Board?
As a past Exchange Student I know how it is to connect with a different
culture. The Sister Cities Advisory Board attempts to better this connection
and, because I have previously connected with the Japanese culture, I feel I
am qualified to propose and make decisions on bettering the program.
4. Why do you want to serve on this Board?
I would like to serve on the Board because I believe that I could help better
the program. I see the program from the eyes of a teenager and could help
mold the program to appeal more to teenagers. This would strengthen the
program for future generations and increase cultural awareness to youth.
Item # 44
Attachment number 2
Page 1 of 1
JUt 1 8 2008
CITY OF CLEARWATER - APPLICATION FOR ADVISORY B~fiJ~08'
(must be Clearwater resident)J:(-:,;,'S,Ai,
Name: ~ o..t\e. 6~\f.u
V"Y\DrttG~ S ~
~Address:
:15:2-11 \--jovfu~e.,\(\ U'\,
t \ e.o.x \iO.ter J f L Zip 33710 \
~. - (('II;
Telephone:J21-'12-(o--63'~ lZ1-10Cr-5LfQg
How long a resident of Clearwater? ~ 6 ~.t~
Occupation: otvu1 €.xlt.
Field of Education:
\-\ \~ \'1 ~OO\ - D.~i u.Jc--l.cU"
t-\ I!\ h c:;; ( "" 0 d
~11~~s:
--a(oS l ~vS1::-c.. ex '
C\ f-c.n...) c..-ter I F L Zip 2>?:, I L~ I
Telephone: - /7..(- 'l Cf I -~<6ll
Employer: -
Other Work Experience:
~~~\t\i\'\CJI hOMe <A~;,t-(U\t-
t,o d\~o.\a\{<\ \NOMQ,'\. (OC.tO\\OlloJ)
If retired, former occupation: -
Community Activities: VO\~t-et(. a.,-r thUXc.h \Y\ re. \\~I O\A) e.c1\Atc}.,t-iOI\ 0
'6\AXY\fN..K p\0)~rCU'i)~ I Slc;:.,~ u+\e~ exL~C.V\~(> P(D~:I~\IV\. hos.t.
Other Interests: Cheif, ~Oc..(~l drCU'\"-C\.) oxic (eSptOOJ\'j ?no\\)9mp\r\~)
Board Service (current and past): Board Preference:
~\S\--if (,tie) 1ic\\l\~(J(l1 ~OCl.vc\
Additional Comments: -'*- 'P~E N.!5 ~\IC. ~Oll\1{ CUS;CDO'-t--i
FU\~ I \\l~s" \V\ Cl*'t of' Cte..c(t..Oc..~
Signed: ~ j!,~
Date: 5 - 2 q -O~
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
Item # 44
Attachment number 2
Page 1 of 1
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
:r LAndex~H~nd fu.e bo(;.Lrd's duJ,'e-S. ~ (e~po(\Slbi\ in\f:..~ ax-e.. to
odvis.e. -the. 6r..; COLU1 ciL OY\ f11e ~I's +-if cih'e> prc.qr04"h :I a.<;s~{
~ €voJ~re the.. cI.Jl'renr-pro9fCU'v\. Tf1ro~h clisc!.As's,'"", 3 tr-rt'''L
-t:owo.xd mo..lGtI1j CUY f\~ce~o.YLj ; thf'r-V v€-l"l1enK.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
no
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
I. ~ co~fv'/+o.Aole. CO{\I!~;~ with aduA~ jY\t\u..dif19 ~b.e..6
of- \'Y\'j c\1\JXbh / teo..c..h~f') 3 Clc\m..:''1i ~\vo..to's. T/m .exITLH'l. eJ~lfI\J()\"ec\
'In ~.m:,..,-ewri CV-\CU' (1U-\\!lh<-') oJ- ~ <ichw~ (A~ (L n~')tY" ck -H..,_ ryiV'\d~~
(J(h"\~^1 ?c::a.vcl ~ co-CQ~o..n o~- ~ crv &..-e.ev- ~"y..o!,Lr.(\..AdLhh'CJt\ I l'V\.j rCuM\\~
~(A>, hU'~ttd VV'-v\A fip\e e.xc,^,",cN\~<' <<'\>utWA"\t~ o\tvr t,,~ y.e.o.n I i()dlAll\~ thn)~k
-w t\e.o..r~y S\~\er (.Ah'.E'~ PIlt("61~. .
4. Why do you want to serve on this Board?
":1:' ~d \o,,{, me.. a:~ex-1eK\t.~ ot- \tJOM~ vJ~tn t.Om.mv.vl~~
\ eo.dex-~ t ~~tci(J..\~ i 1'\ -ti\i.~ i ...d'"€y()cd, ol\.cJ. prOCjyo.-m.. I WQ.nt-" to
qi\le, t:fJ4.. tv (Y\~ COMM.W'l."hj b~ f)\+e.~I'\~ ()i111 he\pnA ~()f>\J-:)-,
0.\ Q t--tevl,mtht.. tltOJrvJcU'if ~\\rv"" C\h tS Pt1>tJ('OJfh-
Name: ~Q+1 e., Bo $\ ~
Board Name: ~,~te,y- C4h'~S A-dVL ~ ~Oo.Kd
Item # 44
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date: 8/7 /2008
Review Approval: 1) Clerk
Cover Memo
Item # 45
SUBJECT / RECOMMENDATION:
Spiritual Change Request for Funding
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date: 8/7 /2008
Review Approval: 1) Clerk
Cover Memo
Item # 46
Attachment number 1
Page 1 of 1
Received
Business Plan for
A Spiritual Change, Inc
Prepared 7/2008
dlii; 1 Z008
City Manager's Office
Executive Summary
A Spiritual Change, Inc has been operating since February 1999 with a moderate level
of community financing. As a result of budget cuts from various agencies and local
governments during our current economic downturn, ASC is at risk of not being able to
provide our many valuable services to the underserved community in Greenwood
(Clearwater, FL). Currently the majority of our programs are serviced through volunteer
time without actual funding to ensure the stability of the offerings. We are seeking one-
time funding to get our programming back on track and move forward to becoming self
supporting through fundraising, earned income, and other grant funding opportunities.
1.0 The Business
A Spiritual Change, Inc (ASC) provides kinship support groups and substance abuse
prevention services to both youth and adult consumers. We have been located in North
Greenwood for the past seven years, ASC is currently partnering with the African
American Leadership Council, Clearwater Intermediate Middle School, the North
Greenwood Collaborative and the Pinellas County Urban League.
1.1 Objectives
To utilize evidence-based prevention services coupled with a common sense
approach to help individuals prevent substance abuse and other related social
problems.
1.2 Mission
The mission of A Spiritual Change is to assist youth and their families in
achieving self-sufficiency. To achieve this end, we assist individuals with
eliminating barriers to gainful employment, such as substance abuse issues,
education, and criminal history.
1.3 Service Area
ASC primary focus is to provide services to individuals primarily in the North
Greenwood neighborhood, where the facilities are located. However, we service
resident who reside in other communities with in Clearwater.
2.0 Legal Entity
A Spiritual Change, Inc. is a 501(c) (3) registered nonprofit corporation in the State of
Florida.
Item # 46
Attachment number 1
Page 1 of 1
3.0 Services
Substance Abuse Prevention Proaram
Past research has proven that prevention works. We know that there are a number of
risk factors, such as attitudes that are favorable to negative behavior, lack of
commitment to school, family conflict and peer participation in negative behavior. These
risk factors cross the domains in which children and youth live: communities, schools,
families, and individuals; the more of these risk factors a child accumulates, the greater
the chance that that child will engage in negative behaviors.
Conversely, we know that there also are protective factors, such as clear community
norms of positive behavior, bonding to schools, healthy families and resilience; The
more of these protective factors a child accumulates, the greater the chance that the
child will engage in positive behaviors.
ASC provides Levell and Level II Prevention Services to youth ages 12-17 in the North
Greenwood community. By involving the family in the program through home visits and
parent meetings, we work to ensure that the program is supported in the home. Our
prevention program addresses Risk and Protective Factors as part of our group
counseling program. Youth are required to complete 6 hours of counseling in individual
and group sessions. The goal is to improve children's ability to resist substance abuse
and violence, while strengthening the family system
ASC works with the youth to provide employability skills, such as resume writing,
interview skills, appropriate dress, and attitudinal issues.
Substance Abuse Intervention Proaram (QUI counselina)
Drunk driving is a destructive form of behavior that many experts consider a sign of other
underlying problems. Individuals charged with driving drunk may find a DUI counseling
session very useful in identifying and treating other problems, such as depression or
alcoholism.
DUI counseling may be required by the court as part of a sentence, or a judge may
assign DUI counseling as a requirement for the defendant to receive a diversion. The
individual being treated will meet with the DUI counseling professional and discuss the
relationship with alcohol, and the inherent risks in drinking and driving. DUI counseling
focuses on helping the individual recognize problems and make behavioral
modifications. Persons undergoing DUI counseling learn to understand why they drink
and acquire skills to change their drinking behaviors. Utilizing group and individual
counseling sessions focusing on education, self-exploration, problem solving and
helping individuals address issues in their life associated with alcohol/drug use; ASC
offers a substance abuse intervention program to individuals that have had a DUI
conviction. As these individuals work to put their life back on-track and regain their
driver licenses, ASC supports positive choices and responsible decision making.
Services are rendered based on individual treatment, motivation and need. Continued
care recommendations will be made upon completion of the program based on individual
needs.
This program generates revenue for ASC with referrals coming from Suncoast Safety
Council. Each participant pays approximately $700 for the program.
Item # 46
Attachment number 1
Page 1 of 1
Kinship Support ProQram
ASC offers kinship support to assist those that are raising children of substance abusing
family members. The program addresses the unique needs of kinship care families by
incorporating emotional, physical, and spiritual dimensions of wellness.
When a relative begins parenting a child, loss of the parent is the primary emotional
hurdle the child faces. Whether the loss of the parent is due to death, substance abuse,
or child abuse or neglect, the child will grieve deeply. He or she may very likely exhibit
anger, depression, and the regression in development that accompanies children's grief.
When the separation from the parent is involuntary, visitation stress and the child's
divided loyalties make the kinship care arrangement a potential powder keg of conflict
and emotional turmoil.
Many kinship care families face financial strain when bringing a child or children into the
family. Financial support for kinship care varies widely and often families receive no
financial assistance at all. They may face difficulties in meeting the educational and
health needs of the child. Often, older family caregivers have their own health and age-
related issues that make parenting difficult.
The group is a way for kinship care families to assist one another. The groups tend to
offer social and emotional support for members by providing advice and understanding.
Employment Services
North Greenwood has historically suffered from a high unemployment rate and/or low
wage employment. In February of 2008, ASC began a partnership with the Pinellas
County Urban League Career Connections program. A full-time employment specialist
is located at our facility to assist with the assessment of individual interest, skills, and
abilities, as well as counseling, to facilitate an effective job search
We believe that achieving the American Dream is possible for everyone, regardless of
age, race or current economic condition. It is our mission to promote pathways to
economic self-sufficiency for these individuals and their families who are working to
achieve this dream.
4.0 Market Analysis Summary
Police statistics indicate that a large percentage of the youth and adult population in the
North Greenwood neighborhood have been arrested or are in detention. This can often
be a result of unemployment or underemployment, and the resulting criminal record later
acts as a further barrier to employment, creating a cycle of destructive behavior.
ASC works to prevent the negative employment cycle through substance abuse
prevention and the acquisition of employability skills. We also work with past offenders
to who have demonstrated a commitment to keep their life on a positive track. We will
work with these individuals to obtain restoration of their civil rights, sealing or expunging
their criminal record, and referrals to appropriate services.
Item # 46
Attachment number 1
Page 1 of 1
5.0 Personnel Summary
Jonathan R. Wade Sr., LCSW, CAP is a life long resident of the City of Clearwater,
Florida. He possesses a Masters of Social Work degree from The University of South
Florida (1997). Jonathan is the founder and Executive Director of A Spiritual Change,
Inc. Jonathan has 17 years experience as substance abuse therapist and 4 years as A
License Clinical Social Worker. He has served in leadership positions on numerous
boards and committees such as President of the North Greenwood Association, Chair of
the City of Clearwater Park and Recreation Board, 211 Tampa Bay Cares Board
member and Leadership Pinellas Board member to name a few.
Personnel Plan
FY2008 FY2009 FY 2010
Executive Director! $0 $0,000 $12,000
Counselor
Employment In Kind In Kind In Kind
Specialist
Outreach worker $0 $0 $31,200
Total Personnel 2 2 3
Total Payroll $0 $0 $43.200
7.0 Financial Data
7.1. Capital equipment
ASC purchased a building in the North Greenwood Community in 2003 with a
Community Development Block Grant. The building, located at 1402 N. Martin
Luther King Jr. Avenue, has been renovated and is now fully equipped with
counseling offices, a computer lab with 10 workstations, and kitchen facilities.
7.2 Annual Budget
Proposed Current
Item Monthly
amount
Mortgage 785.00
Annual
amount
9420.00
Funding source
Electric 155.00
1860.00
City of Clearwater
(requesting 1 time funding)
City of Clearwater
(requesting 1 time funding)
City of Clearwater
(requesting 1 time funding)
City ()f Clearwater
(requesting 1 time funding)
Waterlsewer/garbage85.00
1020.00
Security monitoring 37.00
444.00
Item # 46
Attachment number 1
Page 1 of 1
Verizon (phone) 235.00 2820.00 City of Clearwater
(requesting 1 time funding)
Brighthouse. (internet) 125.00 1500.00 City of Clearwater
(requesting 1 time funding)
Property insurance 167.00 2004.00 City of Clearwater
(requesting 1 time funding)
Liability insurance 75.00 900.00 City of Clearwater
(requesting 1 time funding)
Professional liability 33.35 400.00 City of Clearwater
(requesting 1 time funding)
Supplies 250.00 3000.00 City of Clearwater
(requesting 1 timefunding)
Development and grant 2,000.00 24,000.00 12,000 in kind,
consulting services 12,000 from City of Clw
Staffing 2,000.00 24,000.00 In kind
Total 5,947.35 71,368.00
Total Requested $35,368
Proposed Future
Item Monthly Annual Funding source
amount amount
Mortgage 785.00 9420.00 Will locate grant funding,
secure donations or fund
with earned income
Waterlsewer/g~rbage 85.00 1020.00 Will locate grant funding,
secure.donations or fund
witheamed income
Electric 155.00 1860.00 Will locate grant funding,
secure donations or fund
with earned income
Security monitoring 37.00 444.00 Will locate grant funding,
secure donations or fund
with earned income
Verizon (phone) 235.00 2820.00 Will locate grant funding,
secure donations or fund
with earned income
BrighthbuSe (internet) 125.00 1500.00 Will locate grant funding,
secure donations or fund
with earned income
Property insurance 200.00 2400.00 Will locate grant funding,
secure donations or fund
with earned income
Liability insurance 75.00 900.00 Will locate grant funding,
secure donations or fund
with earned income
Item # 46
Attachment number 1
Page 1 of 1
Professional liability 33.35 400.00 Will locate grant funding,
secure donations or fund
with earned income
Supplies 350.00 4200.00 Will locate grant funding,
secure donations or fund
with earned income
Development and grant 2,000.00 24,000.00 Will fund with earned income
consulting services
Staffing 5.600.00 67,200.00 24.000 In kind; 43,200 will
be funded through grants,
prior to hiring staff.
Total $9,680.35 $116,164
Income sources for FY 2009 and beyond:
Partnership with Urban League $15,000/year
DUI counseling $17,000/year
(other sources will be explored as well)
7.3 Planned Development Activities
ASC is planning to engage the services of a professional grant
writing/development consultant with a portion of the funds from the City of
Clearwater. In order to help ASC grow and become fiscally stable, services will
include: board development and recruitment, grant writing, funding search,
budget analysis/funding analysis, "meet and greet" or "fundraising" event,
fund raising letter campaign, assistance with identifying potential partner
organizations, identifying potential sources of earned income, and development
of a long range funding plan.
7.4 Business insurance
Copies of professional liability, property, and personal liability insurance are
attached.
8.0 Supporting Documents
8.1 Tax returns for last two years
attached
8.2 Copy of licenses and other legal documents
attached
Item # 46
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Attachment number 1
Page 1 of 1
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DIVISION OF MEDICAL QUALITY ASSURANCE
DATE LICENSE NO. CONTROL NO.
03/0212007 SW 8569 24189
The LICENSED CLINICAL SOCIAL WORKER
named below has met all requirements of
the laws and rules of the state of Florida.
Expiration Date: MARCH 31, 2009
JONATHAN RICHARD WADE
ATTN: BAY PINES VAMC
P. O. BOX 5005
BAY PINES, Fl 33744
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rc {~(.t"r:~~~
1'J'6I'irl02 iIll7
(?~4 a-~- <;;;'iL~lLJ.~
Charlie Crist Ana M. Viamonte Ros, M.D., M.P.H.
GOVERNOR SECRETARY
DISPLAY IF REQUIRED BY LAW
Florida Certification Board
1715 S. GadSden Street
Tallahassee, Florida 32301
850-222-6314
-
Member Name:
Certification Level:
Certification Number:
Expiration Date:
@)',''''',
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: ':.. ~
-
Jonathan Wade
CAP
2232
6/30/2009
Item # 46
BUSINESS TAX - RENEWAL
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City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Dogs on the Beach - Councilmember Doran
SUMMARY:
Meeting Date: 8/7 /2008
Review Approval: 1) Clerk
Cover Memo
Item # 47
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RESTING/NESTING
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Federal and state law protects these bird~
nests. Please minimize disturbance to th
keeping dogs out of the designated area. Oi
h,. h..~.,..nL'l ft.. nft+L'l ".,..n dftL'l+..ft,. ftftftL'l ~nd ,.
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Royalty Theater Appraisal - Councilmember Gibson
SUMMARY:
Meeting Date: 8/7 /2008
Review Approval: 1) Clerk
Cover Memo
Item # 48
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Beach Parking Garage Options - Councilmember Gibson
SUMMARY:
Meeting Date: 8/7 /2008
Review Approval: 1) Clerk
Cover Memo
Item # 49
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date: 8/7 /2008
Review Approval: 1) Clerk
Cover Memo
Item # 50