09/16/1999
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J\genda: 9-16-99
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City Commission
Meeting
9-16-99.
note: 9-13 -99 Preliminary (W orksession) Agenda and paperwork
that was in package initially but then not continued onto
Thursday's agenda is at the back of this agenda pack.
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, September 16, 1999 - 6:00 P.M. - Commission Chambers
1. Invocation - Dr. James Hilton, Central Christian Church.
2. Pledge of Allegiance - Mayor.
3. Presentations
a) Legislative Report - Senator Sullivan - Given.
Proclamation: Assisted living Week - 9/12-18/99
4. Approval of Minutes - Regular Meeting 9/2/99 - Approved as submitted.
5. Citizens to be heard re items not on the Agenda
Jim Ficken opposed increasing the millage rate and suggested Jolly Trolley services be cut.
Earlv Sorenson opposed the use of eminent domain powers to provide land for private businesses.
Jack Alvord, Loren Westerberqer, Susan Richards, & Shellv Eckerd supported protection of
Bayview and opposed proposed development nearby, stating process delays are costing residents
money. It was reported the City cannot require the developer to appear.
Susan Richards complimented the landscaping design at the Gulf-to-Bay Boulevard K-Mart.
Bill Jonson requested details regarding billboards on City approved bus shelters and questioned the
status of citations related to illegal billboards and when they will be removed.
John Tassanari said ramps are needed for the handicapped. He requested repairs to South
Glenwood Avenue, complaining discovery of the entity responsible for road repair is too complicated.
Benetta SlauQhter reviewed Downtown events planned for the next 6 weeks and congratulated
the Jazz Holiday Committee for their hard work.
John Doran said the idea for a roundabout on the beach was discussed first by beach residents at
a public Charetto.
PUBLIC HEARINGS
Not Before 6:00 P.M.
Public Hearing - Second Reading Ordinances
6. Ord. #6443-99 - Relating to Building Code Regulations; amending Sec. 47.051 by replacing 1993
National Electrical Code with adoption of 1999 National Electrical Code
ACTION: Ordinance adopted.
7. Ord. #6446-99 - repealing anti-discrimination compliance program provisions of the City Code
ACTION: Ordinance adopted.
9/16/99
1
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #8-14) - Approved as submitted less Item #12.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
8. Approval of Purchases per 8/27/99 memorandum:
AAA - A Painting, Inc., materials & labor to paint structures located at East Advanced Pollution
Control Facility, $36,399 (GSS)
Anderson and Shah Roofing, Inc., roof replacement at East Water Pollution Control Facility,
$26,000 (GSS)
Diesel Energy Systems, 2nd & Final renewal, service & maintenance of generators used
throughout City by all departments, 10/1/99-9/30/2000, est. $75,000 (GSS)
Sweeping Corporation of America, extension, street & parking lot sweeping at Clearwater Beach
and downtown, 10/1/99-9/30/2000, $127,980 (PW)
Angelo's Recycled Materials, d/b/a Frontier Recycling, extension, disposal of yard waste & other
materials suitable for recycling collected throughout City, 9/17/99-9/30/2000, est. $350,000
(SW)
Hughes Supply, misc. construction materials during remaining portion of contract ending
11/30/99, increase to est. $40,000 due to closure of Builders' Square (GSS)
Home Depot, misc. construction mat~rials during remaining portion of contract ending 11/30/99,
increase t~ ast. $40,000 due to c1o~ure of Builders' Square (GSS)
9. Contract for installation of gas main~; & service lines to Mastec North America, Inc., $894,320;
and authorize transfer of funds from project 353-96314 - Pasco County Gas Mains & Service
Lines to project 353-96310 - Pinellas County Gas Mains & Service Lines, in the amount
$1,000,000 (GAS)
10. Agreement with Peoples Gas System, a division of Tampa Electric Company, approving purchase
of gas mains & service facilities at a cost not to exceed $26,157.29; and approve joint filing of
petition for Territorial Agreement with Florida Public Service Commission (GAS)
11. Approve acceptance of one-year COPS MORE 98 Grant, for fiscal year 1999-2000, from US
Dept. of Justice, Office of Community Oriented Policing Services, $1,079,571 (PO)
12. Authorize negotiation of lease with Chi Chi Rodriguez Youth Foundation, Inc. to operate Glen
Oaks Golf Course (PR) - Delay until complete picture regarding other courses.
13. Contract for Purchase of Property with Walton Mclean Byars, Trustee, 917 Park Street, Magnolia
Park Sub., Blk 3, west Y.1 of Lot 5 and north 9.88' of vacated alley, for $90,000 plus est.
transaction expenses of $1,300 for total not to exceed $91,300 (PW)
14. Authorize designating Clearwater Neighborhood Housing Services (CNHS) a Community
Development Housing Organization (CHDO) and enter into a contract under provisions of
Cranston-Gonzalez National Affordable Housing Act of 1990, $124,800 (PLD)
9/1 6/99
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OTHER ITEMS ON CITY MANAGER REPORT
1 5. Third Quarter Budget Review (BU) - Approved.
a) First Reading Ord. #6444-99 - Amending the Operating Budget for Fiscal Year ending 9/30/99
b) First Reading Ord. #6445-99 - Amending Capital Improvement Program Report and Budget for
Fiscal Year ending 9/30/99
ACTION: Ordinances passed 1st reading.
1 6. Joint Project Agreement with FDOT, install natural gas mains for relocation during US 19 at Drew
Street improvement project, est. $80,000; Res. #99-41 - authorizing execution of agreement and
acceptance of new city facilities; and placing of funds with FOOT for completion of utility
installation (GAS)
ACTION: Approved agreement. Resolution adopted.
17. Approve utility work by Highway Contractor Agreement with FOOT for relocation of existing
water and sewer facilities impacted by US19 at Drew Street improvement project, $757,982;
Res. #99-40 - authorizing execution of agreement (PW)
ACTION: Approved agreement. Resolution adopted.
18. Agreement with Pinellas County Fire Protection Authority to provide fire services (FD)
ACTION: Continued to 10/07/99.
19. Recommend a Commission member for appointment to St. PetersburglClearwater Area Economic
Development Council
ACTION: Commissioner Hart recommended.
20. Other Pending Matters - None.
CITY ATTORNEY REPORTS
21. Other City Attorney Items - None.
22. City Manager Verbal Reports - None.
23. Other Commission Action
Hart recommended attendees use the ferry for Jazz Holiday venues on the beach 10/9-10/99 and
invited all to attend Jazz Holiday venues scheduled at Coachman Park 10/14-15-16-17/99.
Hart invited citizens to attend Military Appreciation Day 11/6/99.
Hooper invited residents to attend the Uno festival at Coachman Park 09/18-19/99.
24. Adjournment - 7:28 p.m.
9/16/99
3
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ORDINANCE NO. 6443-99
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE BUILDING CODE REGUlATIONS; AMENDING
SECTION 47.051, CODE OF ORDINANCES, BY REPLACING THE
1993 NATIONAL ELECTRICAL CODE WITH THE ADOPTION OF
THE 1999 NATIONAL ELECTRICAL CODE; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 47.051, Code of Ordinances, is amended by replacing the
1993 National Electrical Code requirement, with the adoption of the 1999 National
Electrical Code requirement, as follows:
Sec.47.051. Adoption and enforcement.
(1) There shall be enforced within the city, by the building official, the following
standard or national codes, which are adopted by reference:
*
*. *
*
*
(b) National Electrical Code, 1999 1993 edition, published by the National Fire
Protection Association.
*
*
*
*
*
Section 2. This ordinance shall take effect on October 1, 1999.
PASSED ON FIRST READING
September 2, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Ordinance 6443-99
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leslie K. Dougalf-Si e
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
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ORDINANCE NO. 6446.99
7
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO COMMUNITY RELATIONS; REPEALING A
PORTION OF SECTION 12.01; AMENDING SECTION 12.03 TO
DELETE CERTAIN DUTIES OF THE DIRECTOR OF HUMAN
RELATIONS; AND REPEALING SECTIONS 12.02, 12.31, 12.32,
12.33,12.34,12.35,12.36,12.37,12.38,12.61,12.62, 12.63, and
12.64, CODE OF ORDINANCES, RELATING TO
DISCRIMINATORY PRACTICES IN HOUSING, EMPLOYMENT,
AND PUBLIC ACCOMMODATIONS, AND ENFORCEMENT BY
THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater and Pinellas County have agreed that certain
functions regarding investigation and enforcement of anti-discrimination laws shall be
transferred from the City to the County, and it is therefore necessary to repeal portions of the
City of Clearwater Code of Ordinances setting forth such violations and providing for
investigation and enforcement; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Subsections (2) and (3) of Section 12.01, Code of Ordinances, are hereby
repealed, said Section to read as follows:
Sec. 12.01 Policy and finding.
(1) Basic to good community relations in the city is the God-given dignity and worth
of humanity. Our heritage has provided the moral, ethical and spiritual foundation upon which
civilization is built. Moral and spiritual values intertwined with secular concerns, can unite the
ability of all citizens to achieve the good life, based on universal justice and full opportunity.
The city commission therefore affirms the necessity of good comrnunity relations between all
groups in the city, in order to gain continuous growth in the development of a just, righteous and
compassionate society. The city commission further affirms that in the city, with its population
consisting of people of both sexes, married and unmarried, the physically and mentally impaired
and people of every racej age, color, creed, national origin, and ancestry, as well as people of
differing education, social and economic stations, there is no greater danger to health, morals,
safety and welfare of the city and its inhabitants than the existence of groups prejudiced against
one another and antagonistic to each other because of these differences. The city commission
hereby finds and declares that acts of prejudice, intolerance, discrimination and disorder
occasioned thereby threaten the rights and proper privileges of its inhabitants and menace the
institutions and foundations of a free democratic state. A community relations board is found
necessary and desirable to encourage and bring about mutual understanding; to assist the
efforts of citizens and groups who are striving to eliminate prejudice, privation, intolerance,
bigotry, discrimination and disorder occasioned thereby; and to give effect to the guarantee of
equal rights for all ensured by the constitution and the laws of Florida and of the United States
of America.
(2) The city commission further finds and declares that any viol:Jtion of the provisions
and ctaRdards sat out in this chapter sh:lll constitute an irrop::uable inju~ to the citizen& of the
Ordinance No. 6446-99
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city, and the cUy acting on behalf of its .citizens :md to ensure tompli:mc9 '::ith the policy set out
iA this section, ,hall R3ve 3l:1thority to seek injunctive relief to terminate or pre'Jent any such
viol:ltien.
(3) In a4GitiGn, the Gity commission decbres that the provisions of this ch:lpter GONe the
follO'Ning purposes:
(a) Te provido for execution 'Mthin the city of tho policies embodied in Title VIII of the
Civil Rights Act of 1968 (42 U.S. C. S 3601 ot--&eq.), ::a& ::amendod by the Fair Housing Act
AmeRdments of 1 gS8e; and
(b) T9 secure for all iAdividuals ,:..ithin the city the freedom from discrimination
because of r3&e, oolor, religion, A:Jtional origin, sox, familiol st3tUS, or handicap, in connoction
with R9l:f6ing <)00 public oooommodations.
m~ The provisions of this chapter shall be liberally construed to preserve the public
safety, health and general welfare and to further the purposes stated in this section.
Section 2. Section 12.03, Code of Ordinances, is hereby amended to read as follows:
Sec. 12.03. Director.
The city manager shall employ a director and such other personnel as may be provided
for in the annual operating budget of the city. It shall be the responsibility of the director to
serve as staff aide to the community relations board, to perform the duties ::l&cigned to the
director by thi& Ghaptar,- and to perform such other duties of an administrative nature as may be
assigned by the city manager.
Section 3. Sections 12.02, 12.31, 12.32, 12.33, 12.34, 12.35, 12.36, 12.37, 12.38,
12.61, '12.62, 12.63, and 12.64 are hereby repealed in their entirety.
Section 4. This ordinance shall take effect October 1, 1999.
PASSED ON FIRST READING
September 2, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 6446-99
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CITY OF CLEARWATER
<2
9.1~.q4
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INTEROFFICE MEMO
To: Mayor and City Commissioners
From: George E. McKibben, Purchasing Manager
Copies: Michael J. Roberto, City Manager
Cynthia E. Goudeau, City Clerk
Subject: Purchases to be approved at the September 16, 1999 City Commission Meeting
Date: August 27, 1999
A. The following items are purchases included in the approved 1998/99 budget. All
recommended vendors are the lowest most responsive bidders in accordance with the
specifications unless a specific exception is noted.
1. Award a contract to AAA - A Painting, Inc., Dunedin, Florida, in the amount of
$36,399, for materials and labor to paint structures located at the East Advanced
Pollution Control Facility. Appropriation code: 565-06531-530300-519-000. (General
Support Services Administration)
2. Award a contract to Anderson and Shah Roofing, Inc. of Florida, Largo, Florida, in the
amount of $26,000, for roof replacement at the East Water Pollution Control facility.
Appropriation code: 315-94514-530300-519-000. (General Support Services
Administrati on)
3. Extend the contract with Diesel Energy Systems, Largo, Florida in the estimated
amount of $75,000, for service and maintenance of generators utilized throughout the
City by all departments during the contract period October 1, 1999 through September
30,2000. This is the second and final renewal option. Appropriation code: 566-06611-
546500-519-000.. (General Support Services Administration)
4. Extend the contract with Sweeping Corporation of America, ClcaIwater, Florida, in
the amount of $127,980, for street and parking lot sweeping at Clearwater Beach and
downtown during the contract period October 1, 1999 through September 30, 2000. This
extension provides a fourth year of contract at the same price. The City will assume this
task in FY 2000/2001. Appropriation code: 435-01333-530300-545-000. (Public
Works Administration)
5. Extend the contract with Angelo's Recycled Materials, d.h.a. Frontier Recycling,
Largo, Florida in the estimated amount of$350,000, for disposal of yard waste and other
materials suitable for recycling that will be collected throughout the City during the
contract period September 17, 1999 through September 30, 2000. Exception to bid under
Section 2.564 (l)(d), Code of Ordinances - City of Largo bid 97-B-476. Appropriation
codes: 424-02083-543500-534-000 ($140,000) and 424-02082-543500-534-000
($210,000). (Solid Waste/Recycling Adnlinistration)
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6. Increase the contract with Hughes Supply, Clearwater, Florida, to an estimated
amount of $40,000, for purchase of miscellaneous construction materials during the
remaining portion of the contract period ending November 30, 1999. Increase is needed
due to the closure of Builders' Square. Exception to bid under Section 2.564 (1)(e),
Code of Ordinances - Impractical to bid. This represents numerous small purchases for
convenience offield crews. Appropriation code: 565-06531-550800-519-000. (General
Support Services Administration)
7. Increase the contract with Home Depot, Clearwater, Florida, to an estimated amount
of $40,000, for purchase of miscellaneous construction materials during the remaining
portion of the contract period ending November 30, 1999. Increase is needed due to the
closure of Builders' Square. Exception to bid under Section 2.564 (l)(e), Code of
Ordinances - Impractical to bid. This represents numerous small purchases for
convenience of field crews. Appropriation code: 565-06531-550800-519-000.
(General Support Services Administration)
Funding for the above referenced purchases is included in the FY 1998/99 Budget.
Additional funding needed for debt service, FY 1999/2000 or other contract periods will
be requested in the appropriate departmental budgets as recommended by the City
Manager.
-rl18
Tina Wilson, Budget Director
.,
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
q
9.1~. <t~
Final Agenda Item #
SUBJECT/RECOMMENDATION: Award a contract for the installation of gas mains and service lines to
Mastec North America, Inc., of Tampa, Florida in the amount of $894,320, which is the lowest and most
responsive bid, and authorize the transfer of funds from project 353-96314, Pasco County Gas Mains &
Service Lines, to project 353-96310, Pinellas County Gas Mains & Service Lines in the amount of
$1,000,000,
I&l and that the appropriate officials be authorized to execute same.
SUMMARY: Recommend awarding Bid 76-99 to Mastec North America Inc. of Tampa, Florida for the
Installation of Gas Mains and Service Lines at various locations to include underground exterior house
piping as required to meet commercial and residential customer requirements in support of gas sales and
operations. The Gas Mains and Service line work will be charged to code 353-96310, Pinellas County
Gas Main & Service Lines, in the amount of $762,450 and 353-96314 Pasco County Gas Mains &
Service Lines, in the amount of $70,000. The house piping will be charged to codes 423-02068-531100-
530-000, South Pinellas Installation in the amount of $46,870 and 423-02178-531100-532-000, North
Pinellas Installation in the amount of $15,000.
Also provide Commission authorization to transfer funds from bond construction project 353-96314,
Pasco County Gas Mai ns & Service Lines to project 353-96310, Pinellas County Gas Mains & Service
Lines in the amount of $1,000,000 to cover the cost of this project. The current project balance in the
Pasco project is $1,473,001.38, the fund transfer from project 353-96314, Pasco County Gas Mains &
Service Lines, will leave sufficient funds for the Pasco project for the near future.
Reviewl>d by: Originating Dept: \,
\
Legal ~?- Info Srvc NA Clearwater Gas System .~tl/'"
Budget ~ Public Works NA User Dept.
Purchasing OCM/ACM Clearwater Gas System
Risk Mgmt NA Other NA Attachments
Bid tabulation 76-99
Submitted by: o None
City Manager
Costs
Total $894,320
Current FY
FY 2000
-0-
$894,320
Funding Source:
CJ X
OP
Othe
r
Appropriation Code:353-9631 0/
353-96314/423-02068-5311-532-000,423-02178-
531100-532-000
Printed or, recycled paper
Rev. 2/98
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~}{s 3
Clearwater City Commlssion
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
l ()
Q.I(P,13
Final Agenda Item #
SUBJECT/RECOMMENDA liON:
Approve a Pinellas County Territorial Agreement with TECO Peoples Gas System, approve the purchase of gas mains and
services fad I ities at a cost not to exceed $26,157.29, and approve the joint filing of a petition for the Territorial
Agreement with the Florida Public Service Commission,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
· Approval of the Agreement will establish southern and eastern boundaries in Pinellas County between Clearwater Gas
System (CGS) and TECO Peoples Gas System (PGS), an Investor-Owned Utility. This Agreement has already been
approved by PGS. Once approved by the City of Clearwater, the Agreement will be submitted to the Florida Public
Service Commission (FPSC), which has final jurisdictional authority for establishing utility territories in Florida.
· This Agreement is similar to the Pasco County Territorial Agreement with PGS approved by the Commission on March 16,
1995. This Agreement established northern and eastern boundaries in Pasco County between CGS and PGS and was
subsequently authorized by the FPSC.
· The FPSC approval of this Pinellas County Territorial Agreement will complete the delineation of the boundaries between
the service areas of PGS and CGS and will avoid any future territorial conflicts and customer disputes regarding their
appropriate natural gas service provider.
· CGS developed a 3 phase expansion plan in the spring of 1997 to install gas service to Indian Shores, Redington Shores,
North Redington Beach and Redington Beach. The project was designed, Interlocal Agreements were secured, permits
were obtained and construction began on August 31, 1998. This expansion caused PGS to contact CGS to open dialogue
on establishing territorial boundaries, as they also desired to expand into the same south beach communities. These
negotiations were noticed to the FPSC staff in accordance with State regulatory procedures.
o The proposed Agreement establishes the Hillsborough/Pinellas County line as the eastern boundary and generally SR 688
(Ulmerton/Walsingham Road) as the southern boundary on the mainland, with the Madeira Beach/Redington Beach
municipal boundary as the southern-most territorial line on the beaches.
. The Agreement calls for a transfer of existing customers and facilities along SR 688 (UlmertonANalsingham Road). CGS
will transfer 1 customer south of this boundary and PGS will transfer 10 customers north of the boundary. This Agreement
will clearly determine service territories and avoid customer overlap along CGS's and PGS's common boundaries.
. The Agreement calls for this transfer of customers and facilities within 90 days after approval by the Florida Public Service
CommisJion. The acquiring party will pay to the transferring party a negotiated price for the existing facilities serving each
of the transferred customers, which essentially is based upon the replacement cost, less depreciation, of the transferred
facilities. The transfer cost to be paid by CGS to PGS will not exceed $26,157.29 and PGS will pay the City a negotiated
price of $7,091.90.
. There are sufficient funds in ClP code 353-96310, Pinellas County Gas Mains & Services, to fund this project, current
project available balance is $269,704.56.
Reviewed by:
Legal ~-, Info Srvc
c:- f:-'::-
Budget et Public Works
Purchasing DCM! ACM
Risk Mgmt NA Other
NA
Originating Dept:
Clearwater Gas S)'slem ..1;-1))
.~
Costs
Total $26,157.29
I:.stimated
NA
User Dept.
Clearwater Gas System
Funding Source:
Current FY $26,157.29 CIP X
estimated
NA
Attachments
OP
Other
Submitted by:
City Manager
o None
A ro riation Code: 353-96310-5638000-532-000
Rev. 2/98
n.'l
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3
(0
AGREEMENT
Section 0.1 This AGREEMENT is made and entered into this day of
, 1999, by and between the CLEARWATER GAS SYSTEM, a department of the
CITY OF CLEARWATER, a municipal corporation organized and existing under the laws of the
State of Florida ("Clearwater"), and PEOPLES GAS SYSTEM, a division of Tanlpa Electric
Company, a corporation organized and existing under the laws of the State of Florida ("PGS").
Clearwater and PGS are hereinafter sometimes referred to singularly as "Party" and collectively
referred to as "Parties."
WITNESSETH:
Section 0.2 WHEREAS, Clearwater is presently providing natural gas service to private
individuals, finns, corporations and governmental entities in portions of Pine lIas County, both within
and without the corporate limits of the City of Clearwater, and in portions of Pasco County; and
Section 0.3
WHEREAS, PGS is presently providing natural gas service to persons, fimls,
corporations and governmental entities throughout portions of the State of Florida, including
portions of both Pinellas and Pasco Counties, Florida; and
Section 0.4 WHEREAS, a potential dispute has arisen between Clearwater and PGS
regarding service to potential natural gas customers located in Pinellas County; and
Section 0.5 WHEREAS, Clearwater and PGS desire to resolve the potential dispute
between them in order that present and future applicants for natural gas service may expeditiously
obtain such service from one or the other of them; and
Section 0.6
WHEREAS, the respective areas of retail service of the Parties are contiguous
in certain places with the result that duplication of service facilities may occur in the future unless
t '" 't"' ,,'I ,. 'I. .~ ,I'''' H,. .~.... .,;..' "' ',... ,":.,' '."~', ',;...~,., " . " ': ",' ":..' 7' j '. ,
such duplication is precluded by virtue of this Agreement; and
Section 0.7
WHEREAS, the Parties recogJ11ze that any duplication of said service
facilities may result in needless and wasteful expenditures that are detrimental to the public interest;
and
Section 0.8
WHEREAS, the Parties desire to avoid and eliminate the circumstances giving
rise to the aforesaid potential duplications and toward that end have established a Territorial
Boundary Line to delineate their respective retail territorial areas in Pinellas County; and
Section 0.9
\VHEREAS, the Florida Public Service Commission ("PSC") is empowered
by the legislature of the State of Florida, pursuant to section 366.04(3)(a)~ Florida Statutes, to
approve and to supervise territorial agreements between natural gas utilities; and
Section 0.10 WHEREAS, there already exists a territorial agreement approved by the PSC
for Pasco County, and this Agreement will complete the delineation of the territorial boundaries
between CleaIWater and PGS, avoiding future conflicts of this nature; and
Section 0.11 NO\V, THEREFORE, in fulfillment ofthe purposes and desires aforesaid, and
in consideration of the mutual covenants and agreements herein contained, which shall be construed
as being interdependent, the Parties, subject to and upon the tenns and conditions herein set forth,
do hereby agree as follows:
ARTICLE I
DEFINITIONS
Section 1.1
Natural Gas As used herein, the term "Natural Gas" shall mean: natural gas,
manufactured gas, liquefied gas with air admixture, or a similar gaseous substance furnished to the
public by pipeline.
2
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Section 1.2 Clearwater Territorial Area As used herein, the term "ClealWater Territorial
Area" shall mean the area labeled CleaIwater Gas System Pinellas County Service Area on Exhibit
"A" to this Agreement.
Section 1.3 PGS Territorial Area As used herein, the term "PGS Territorial Area" shall
mean the area labeled Peoples Gas System Pinellas County Service Area on Exhibit "A" to this
Agreement.
Section 1.4 Existing Customers As used herein, the term "Existing Customers" shall
mean those natural gas customers of either Party taking service from that Party on the effective date
of this Agreement.
Section 1.5 Point of Use As used herein, the tenn "Point of Use" shall mean the end-use
natural gas facilities of a customer, as distinct from the point of connection or point of metering.
Section 1.6 New Customers As used herein, thcterm "New Customers" shall mean those
consumers applying for natural gas service for a Point of Use in the Territorial Area of either Party
during the term of this Agreement.
Section 1.7 TerritOlial Area As used herein, thctenn "Territorial Area" shall mean either
or both, where appropriate, the Clearwater Territorial Area or the PGS Territorial Area.
Section 1.8 Territorial Boundary Line As used herein, the tenn "Territorial Boundary
Line" shall mean the boundary line so labeled, designating the di viding line between the areas shown
on Exhibit "A" of this Agreement, which dividing line is further described as follows:
From the Point of Beginning (P.G.B.) At the northeast comer of Section 2~ Township
27 South, Range 17 East proceed generally south along the east line of Section 2,
Township 27 South, Range 17 East to the point of intersect with the Hillsborough
County boundary line, then generally west along the Pasco County/Hillsborough
County boundary line to the point of intersect with the Pinellas County boundary
line, then generally south along the Pinellas County/Hillsborough County boundary
3
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line to the point ofintersect with State Road 60 (CoUltney Campbell Causeway), then
generally west along the irregular southerly shoreline of State Road 60 (Courtney
Campbell Causeway) to the point of intersect with the Bayside Bridge (County Road
593), then generally south along the Bayside Bridge (County Road 593) and
continuing generally south along the centerline of 49th Street North (County Road
593) to the point of intersect with the centerline of State Road 686 (Roosevelt
Boulevard), then generally west along the centerline of State Road 686 (Roosevelt
Boulevard) to the point of intersect with the centerline of 58th Street North, then
generally south along the centerline of 58th Street North to the point of intersect with
the projection of 146th Avenue North, then generally west along the projection of
146th Avenue North to the point of intersect with the centerline of 62nd Street North
and the centerline of 146th Avenue North, and continuing generally west along the
centerline of 146th Avenue North to the point of intersect with the centerline of66th
Street North, then generally south along the centerline of 66th Street North to the
point of intersect with the centerline of 142nd Avenue North, then generally west
along the centerline of 142nd Avenue North to the point of intersect with the
centerline ofB e1cher Road, then generally south along the cen terline 0 fB elcher Road
to the point of intersect with the centerline of Ulmerton Road, then generally west
along the centerline ofUlmerton Road to the point of intersect with the centerline of
113th Street North, then generally south along the centerline of 113th Street North
to the point ofintersect with the centerline ofWalsingham Road, then generally west
along the centerline of \NaIsingham Road to the point of intersect with State Road
688 (Walsingham RoadfUlmerton Road), then generally west along the centerline of
State Road 688 (Walsingharn Road) to the centerline of the intracoastal waterway
then generally south along the center line of the intracoastal waterway to the point
of intersect with the southen1ffiost boundary of the To\vn of Redington Beach then
generally southwesterly along the southernmost boundary of the Town of Redington
Beach to the point of intersect with the shoreline of the GulfofMexico.
The following additional territory is hereby granted to Peoples Gas System:
A. Those properties abutting the north side of 142nd Avenue North from 66th Street
North to Belcher Road.
B. Those properties abutting the north side of Walsingham Road from 113th Street
North to State Road 688 (Walsingham Road/Ulmerton Road).
The following additional territory is hereby granted to Clearwater Gas System:
C. Those properties abutting the south side of State Road 688 (\Valsingham Road) from
146th Street North to the centerline of the Intracoastal Waterway.
4
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ARTICLE II
RETAIL NATURAL GAS SERVICE
Section 2.1
In General Except as otherwise specifically proy ided herein, Clearwater shall
have the exclusive authority to furnish retail natural gas service to all New Customers within the
Clearwater Territorial Area, and PGS shall have the exclusive authority to furnish retail natural gas
service to all its Existing Custor:ners and all New Customers in the PGS Territorial Area.
Section 2.2
Existing Customer Transfer The Parties are currently serving certain Existing
Customers within the Territorial Area ofthe other Party. Within 90 days of the effective date ofthis
Agreement, as provided for in Section 4.1 , each Party shall convey to such other Party such Existing
Customers, together with such lateral gas mains, service lines, and appurtenances thereto previously
used by the Party in providing service in the territory of the Party which will provide service
thereafter. Such facilities shall be transferred whether or not they are necessary for the provision of
service by the acquiring Party. The acquiring Party shall pay to the transferring Party a price to be
nlutually agreed between the Parties. If the Parties are unable to agree upon a price, the price shall
be replacement cost less depreciation. Notwithstanding the foregoing, existing customers within the
Clearwater Territorial area currently being served by PGS under its Rider FTA may remain with
PGS if they request, in writing, to do so. Any such customer will be allowed to remain with PGS
as long as the customer maintains continuous service. If service to such a customer is terminated
for any reason, including change of ownership/tenant, or if such a customer desires to be transferred
to Clearwater at a future date, PGS and Clearwater will effect the transfer of such customer and such
gas mains, service lines, and appurtenances thereto previously used by PGS in providing service to
such customer according to the terms of Section 2.5.
5
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Section 2.3
Service to New Customers The Parties agree that neither of them will serve
or attempt to serve any New Customer whose Point of Use is located within the Territorial Area of
the other Party, except as provided in Section 2.5.
If a New Customer or prospective New Customer requests or applies for service from either
Party, but such Customer's Point of Use is located in the Territorial Area of the other Party, the Party
receiving such a request or application shall refer such New Customer or prospective New Customer
to the other Party with citation to this Agreement as approved by the PSC.
Section 2.4 Boundary Modifications The Parties recognize that, in specific instances,
good engineering practices or economic constraints on one of the Parties may from time-to-time
indicate that small service areas and/or New Customers should not be served by the Party in whose
territory such areas or Customers are then located under Section 2.1. In such instances, the Parties
agree to jointly and expeditiously seek approval of the PSC for modification of this Agreement in
order to pennit the appropriate Party to provide service to such small service areas and/or. New
Customers.
Section 2.5 Temporary Service To help facilitate the provision of natural gas service to
Custolners and to minimize costs and delays in providing such service, a Party which has a gas main
installed on its side of the Territorial Boundary Line may temporarily serve Customers located on
the other side of such Territorial Boundarj Line in territory herein reserved to the other Party only
(a) ifrequested by such other Party or (b) ifsuch other Party is unable to provide such service within
a reasonable time; provided, however, that when such temporary service is contemplated by a Party,
it shall give written notice, setting forth the details of such contemplated service, to the Party in
whose territory the Customer is located under Section 2.1 of this Agreement, and to the PSC, before
6
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installing any additional facilities needed for the provision of such temporary service. At such time
as the Party in whose territory such Customers are located under Section 2.1 has a gas main available
for providing, or is otherwise able to provide, natural gas service to such Customers, the Party
providing temporary service pursuant to this section shall surrender any such Customers upon the
request of the Party in whose territory such Customers are located, and shall convey to such other
Party, at a price to be mutually agreed between the Parties, such gas mains, service lines, and
appurtenances thereto previously used by the Party in providing temporary service, whether or not
such facilities are necessary for the provision of service by the acquiring Party, and located in the
territory of the Party which will provide service thereafter. If the Parties are unable to agree upon
a price, the price shall be replacement cost less depreciation. Any Customer who receives
temporary natural gas service under the provi sions of this section shall be noti tied in advance that
when service becomes available from the Party in whose territory such Customer is located, the
Customer will be required to receive service from such Party at such Party's then-current rates, and
that such temporary service is provided onl:' as a temporary convenience to the Customer.
ARTICLE III
OPERATION AND MAINTENANCE
Section 3.1
Facilities to Remain Nothing in this Agreement is intended to affect the gate
stations, regulators, or gas mains of either Party which are now or which may in the future be located
in the service area of the other Party; provided, however, that each Party shall operate and maintain
said lines and facilities in such manner as to minimize any interferences with the operations of the
other Party. No such facilities shall be used by either Party to provide retail natural gas service to
Customers located in the Territorial Area of the other Party except as may be necessary to implement
the provisions of Section 2.4 or 2.5 hereof.
7
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ARTICLE IV
PREREQUISITE APPROVAL
Section 4. 1
PSC Approval
The provisions and the Parties' perfonnance of this
Agreement are subject to the regulatory authority of the PSC, and appropriate approval by that body
of the provisions of this Agreement shall be an absolute condition precedent to the validity,
enforceability and applicability hereof. This Agreement shall have no effect whatsoever until that
approval has been obtained, and the date of expiration ofthe appeal period following issuance ofthe
Order granting PSC approval of this Agreement shall be deemed to be the effective date of this
Agreement. Any proposed modification to this Agreement shall be subn1itted to the PSC for
approval. In addition, the Parties agree to jointly petition the PSC to resolve any dispute concerning
the provisions of this Agreement or the Parties' performance of this Agreement.
Section 4.2
Liability in the Event of Disapproval In the event approval pursuant to
Section 4.1 is not obtained, neither Party will have any claim against the other arising under this
Agreement.
ARTICLE V
DURATION
Section 5.1
Review and Term of Agreement
Prior to the second anniversary of the
effective date of this Agreement and no more than every fifth anniversary thereafter, the Parties shall
\
meet to review the status of this Agreement and shall submit ajoint status report to the Commission.
After this Agreement becomes effective pursuant to Section 4.1 hereof, it shall continue in
effect until modification shall be mutually agreed upon and approved by the PSC, or until
termination shall be mandated by a governmental entity or court havingj urisdiction to mandate such
termination or modification.
8
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ARTICLE VI
~nSCELLANEOUS
Section 6.1
Negotiations Whatever terms or conditions may have been discussed during
the negotiations leading up to the execution of this Agreement, the only ones agreed upon are those
set forth herein, and no alteration, modification, enlargement or supplement to this Agreement shall
be binding upon either of the Parties hereto unless the same shall be in writing, signed by both
Parties, and approved by the PSC.
Section 6.2 Successors and Assigns
Nothing in this Agreement, expressed or
implied, is intended or shall be construed to confer upon or give to any person or entity, other than
the Parti es hereto, any right, remedy or claim under or by reason of this Agreement or any provi sian
or condition hereof; and all of the provisions, representations, covenants and conditions herein
contained shall inure to the sole benefit of, and shall be binding only upon, the Parties hereto and.
their respective representatives, successors and assigns.
Section 6.3 Notices Notices given hereunder shall be deemed to have been given to
Clearwater if mailed by certified mail to: Managing Director, Clearwater Gas System, 400 N.
Myrtle Avenue, Clearwater, Florida 33755, and to PGS ifmailed by certified mail to: Manager of
Regulatory Coordination, Peoples Gac; System, P.O. Box 2562, Tampa, Florida 33601-2562. Such
address to which such notice shall be mailed may be, at any time, changed by designating such new
,
address and giving notice thereofin writing in the manner herein provided.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed in
duplicate in their respective corporate names and their corporate seals affixed by their duly
9
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authorized officers on the day and year first written above.
PEOPLES GAS SYSTEM
a diViSiO;Tampa /: C07any
By: I~~
Bruce Christmas
Vice President-Operations
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form and
legal sufficiency:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
10
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E'l..hibit "AH
CLEAR'NATER GAS SYSTEM / PEOPLES
TERRITORIAL BOUNDRIES
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BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
. In Re: Joint Petition for approval of
territorial boundary agreement in
Pinellas County by Peoples Gas
System and Clearwater Gas System,
a department of the City of
Cleazwater
DOCKET NO.
Submitted for Filing:
8- -99
DRAFT
.
. .
JOINT PETITION
Petitioners, Peoples Gas System ("Peoples") and Clearwater Gas System, a department of
. the Ci ty of Clearwater ("Clearwater Gas"), by their undersigned attorneys and pursuant to Section
366.04(3)(a), Florida Statutes, and Rule 25-7.0471, Florida Administrative Code, jointly file this
petition for an order approving the territorial boundary agreement between Peoples and Clearwater
attached hereto as Exhibit 1, and in support thereof state as follows:
1. The names and mailing addresses of the petitioners are:
Peoples Gas System
P. O. Box 2562
Tampa, Florida 33601-2562
Clearwater Gas System
400 North Myrtle Avenue
ClealWater, Florida 33755
2. The names and mailing addresses of the persons authorized to receive notices and
cornmunications with respect to this petition are:
Ansley WatsQn, Jr., Esq.
Macfarlane Ferguson & McMullen
P. O. Box 1531
Tampa, Florida 33601-1531
Angela Llewellyn
Peop les Gas System
P. O. Box 2562
Tampa, Florida 33601-2562
William J. Peebles, Esq.
P. O. Box 10930
Tallahassee, Florida 32302
Chuck Warrington
General Manager
Clearwater Gas System
400 North Myrtle Avenue
Clearwater, Florida 33755
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BACKGROUND
3. Clearwater Gas presently provides natural gas service to customers in portions of
Pinellas County (both within and outside the corporate limits of the City of Clearwater) and in
portions of Pasco County. Peoples presently provides natural gas service throughout portions of the
State of Florida, including portions of Pinellas and Pasco Counties.
4. A potential dispute has arisen between Clearwater Gas and Peoples with respect to
which of them should serve potential natural gas customers located in Pinellas County. In order to
resolve that potential dispute, the petitioners have entered into an Agreement (the "Pinellas
Territorial Boundary Agreement"), a copy of which is attached hereto as Exhibit 1 and incorporated
herein by reference. The Pinellas Territorial Boundary Agreement defines the territorial service
areas of each petitioner within Pinellas County.
5. By its Order No. PSC-95-0620-AS-GU, issued on May 22, 1995 in Docket No.
940660-GU, the Commission approved a territorial agreement between Clearwater and Peoples
resolving an earlier dispute and defining the service areas of the petitioners within Pasco County.
The Commission's approval of the Pinellas Territorial Boundary Agreement will complete the
delineation of the boundaries between the service areas of the petitioners, thereby avoiding future
conflicts between them.
RELIEF REQUESTED
6. Petitioners seek the Commission's approval, pursuant to Section 366.04(3)(a), Florida
Statutes, and Rule 25-7.0471, Florida Administrative Code, of the Pinellas Territorial Boundary
Agreement, such approval being a condition precedent to the effectiveness ofthe agreement and the
territorial boundaries set forth therein. Any modification of the agreement, once approved by the
"
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Commission, would also require the Commission's approval prior to such modification's becoming
effective. A written description of the Territorial Boundary Line (as defined in the agreement) is set
forth in Section 1.8 of the Pinellas Territorial Boundary Agreement, and such line (as well as the
service areas of each petitioner within PinelIas County) are depicted on the map attached as Exhibit
A to the agreement.
7. All tenns and conditions pertaining to the Pinellas Territorial Boundary Agreement,
and the implementation thereof, are set forth in such agreement.
8. Attached hereto as Exhibit 2 is a summary of existing customers to be transferred
from each petitioner to the other within 90 days following the effective date of the Pinellas
Territorial Boundary Agreement. Each customer which will be transferred from one petitioner to
the other pursuant to the agreement has been contacted, and has been provided an explanation of the
difference between the rates currently applicable to service and the service rates which would apply
following consummation of the transfer from one petitioner to the other.
9. In connection with the transfers of customers for which the agreement provides,
Section 2.2 of the agreement requires that all lateral gas mains, service lines and appurtenances
thereto, previously used by the transferring party in providing service to the customers to be
transferred, also be transferred to the party which will provide service following the transfer. The
agreement provides that the price to be paid by the transferee party to the transferring party shall be
"mutually agreed." Petitioners have agreed that the price to be paid by Clearwater Gas to Peoples
for such facilities will be up to $26,157.29 (depending on whether facilities currently used by
Peoples to provide service to two customers receiving transportation service under Peoples' Rider
FT A are transferred to Clearwater Gas), and that the price to be paid by Peoples to Clearwater Gas
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for such facilities will be $7,091.90. Petitioners submit that each of such purchase prices is
reasonable.
10. Each of Peoples and Clearwater Gas represents that approval and implementation of
the Pinellas Territorial Boundary Agreement will not cause a decrease in the availability or reliability
of natural gas service to existing or future ratepayers of either Peoples or Clearwater Gas.
11. Absent the Commission's approval ofthe agreement, the plans of Clearwater Gas and
Peoples for providing retail natural gas service in portions of Pinellas County would overlap.
Petitioners submit that approval of the agreement by the Commission will avoid the future
uneconomic duplication of facilities by Peoples and Clearwater Gas, will expedite the handling of
applications for service by future potential customers, and is therefore in the public interest.
WHEREFORE, Clearwater Gas and Peoples respectfully request that the Commission enter
its order approving and adopting the Pinellas Territorial Boundary Agreement.
DATED this _ day of August, 1999.
PEOPLES GAS SYSTEM,
a division of Tampa Electric Company
CLEARWATER GAS SYSTEM
a department of the City of Clearwater
ANSLEY WATSON, JR.
SCOTT C. DAVIS
Macfarlane Ferguson & McMullen
P. O. Box 1531
Tampa, Florida 33601-1531
(813) 273-4200
WILLIAM J. PEEBLES, ESQ.
P. O. Box 10930
Tallahassee, Florida 32302
(850) 681-7383
4
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EXHIBIT 2
Name
Long John Silver's
Maria's Kitchen Two, Inc
Denny's
Village Inn
KFC National Management Co.
Angelino's
Miami Subs
Taco Bell
Customers movin from Peo
Service Address
12881 Walsingham Rd.
12931 Walsingham Rd.
12933 Walsingham Rd.
131 05 Walsingham Rd.
13677 Walsingham Rd.
13883 Walsingham Rd.
8651 Ulmerton Rd.
8671 Ulmerton Rd.
les to Clearwater
City
largo
Largo
Seminole
Largo
Largo
Largo
Clearwater
Largo
State
FL
FL
FL
FL
FL
FL
FL
FL
Zip
33774
34644
33774
33774
34644
33774
34622
33771
Customers moving from Clearwater to Peoples
Name Service Address City State
Castillian Lake Club Apartments 11444 137th 81. N. Largo FL
Zip
33774
Customers who ma remain with Peo .es as FTA Partici ants
Name SeNice Address City State
Hanson Cleaners 12963 Walsingham Rd. #206 Largo FL
Albertsons 13031 Walsingham Rd. St. Petersburg FL
Zip
34664
34664
Customers remainin
Name
Word of Faith Church
Vacant
with Peoples unti! availability of Clearwater service
Service Address City State Zip
1550 Belcher Rd. S. Largo FL 33771
2300 Belcher Rd. S. Largo FL 33771
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item If:
Meeti ng Date:
II
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Fi nal Agenda Item #
SUBJECT/RECOMMENDATION:
COPS MORE 98 - Approve acceptance of a one-year grant for fiscal year 1999/2000 in the amount of
$1,079,571 from U.5. Department of Justice, Office of Community Oriented Policing Services (COPS)
I:&l and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Clearwater Police Department has been awarded a COPS MORE 98 grant that will provide
funding for the purchase of approximately 200 new laptop computers for patrol cars, docking
stations, and field reporting software. This equipment will support wireless data transfer of
reports, images, GIS data in the field, broader access to local, state, and national databases, and
browser-based inter- and intra-net capabilities.
. The new laptops, docking stations, and field reporting software will improve the police
department's ability to:
o Collect and analyze incident-based data - All Clearwater police officers are trained in
computer data entry. New, faster computers will improve the officer's ability to collect and
analyze crime and call-for-service data. New field reporting software will improve the
accuracy and speed of data collection.
. Identify repeat crime victims and/or repeat problem locations - Officers will maintain CD
ROM's produced in-house containing historical call-far-service and premise history data
and photographs of wanted persons. Mobile data access to Computer Aided Dispatch
(CAD) data will identify potentially hazardous locations and chronic problem areas. GIS
queries from the field will give officers immediate access to neighborhood specific crime-
related data as well as information regarding property owners and code enforcement data.
. Offer patrol officers direct access to incident-based crime data in patrol cars - The
proposed system will link to the department's new Records Management System (RMS)
with the ability to perform queries from the field.
. Link calls for service databases/CAD with other databases such as those on arrests,
incidents, field interviews, etc. - The City's new CAD and RMS systems are provided by the
same vendor and are fully integrated. These systems and their integration are
accomplished outside the COPS MORE '98 grant. However, the wireless upload of
incident reports will get that information into our data systems faster for rapid integration
with our other databases and access by detectives and staff.
. The federal share of the grant is $1,079,571; the City's required match is $359,858. $192,278.99
are available in special project number 181-99393 for matching funds. The balance of
$167,579.01 will be provided by a third quarter budget amendment transferring $167,579.01 from
savings in the Police Department operating budget to special project number 181-99393. There is
no additional staff being hired for this grant.
1--ReViewed by: Originating Dept: Costs
Legal ~ Info Srvc n/a Poli . ~
Total
Budget . Public Works n/a User De t. Funding Source:
Purchasing nfa DCMfACM Pol" Current FY CI nla
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l Risk Mgmt nl Other nfa Attachments OP
Other
Submitted by: ./ None
City Manager Ap ropriation Code:
V Printed on reqcled paper Rev. 2/98
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Clearwater City Commission
Agen.da Cover Memorandum
Worksession Item #:
Meeti ng Date:
~~
~9
Final Agenda Item #
SUBJEa/RECOMMENDATION: Authorize negotiation of a lease with Chi Chi Rodriguez Youth
Foundation, Inc., to operate Glen Oaks Golf Course.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Chi Chi Rodriguez Youth Foundation, Inc. (Foundation), has operated the Glen Oaks Golf Course for
the past 15 years. The lease with the Foundation ended on April 6, 1999, and is being extended on a
month by month basis until a decision is reached concerning the future of the course.
e A "Request for Proposal" (RFP) for the operations, maintenance, programming and capital improvements
of Glen Oaks Golf Course received only one proposal, which was from the Foundation. The Commission
postponed authorizing negotiations until NGF Consulting submitted its report on golf course options.
lit The Foundation proposal was very comprehensive and met all the requirements of the RFP and therefore
staff is recommending negotiating a new lease with the Foundation.
e Over the past 15 years the Foundation has renovated and managed Glen Oaks as a public facility;
provided funds for maintenance and capital improvements; created youth programs to help disadvantaged
children and youth; created an afternoon school program; and worked with the Glen Oaks Advisory
Committee to improve the course.
. In 1994 the City Commission directed staff to prepare a report outlining various options as to how the Glen
Oaks Golf Course property might be used. The following options were considered: City to operate course;
Lease course to Non-profit organization (Chi Chi); Lease course to "for profit" organization or individual;
develop as urban park; sell property to private sector for other use; city use property for other municipal
purposes; redevelop property into combination residential/golf course. The City Commission approved
renewing the lease with Chi Chi for five more years.
:.....,4
~ Staff believes that the same components are in place today as they were five years ago and that the best
option for the community is to negotiate a new lease with the Foundation. Following is a list of items to be
negotiated into the contact:
. The Foundation will pay the City a fair annual rent based on profits.
. The City will be more involved in the operation by having monthly inspections, participating in meetings
and more closely monitoring lease compliance.
. The Foundation and City will make specific improvements to the golf course in accordance with a
capital improvement schedule agreed upon by both parties.
. Additional property known as the Glen Oaks Tree farm will be included in the lease.
. The Foundation will conduct a feasibility study within the next 12 months to determine future capital
improvements to the golf course including a new clubhouse and improved parking.
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Attachments
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Reviewed by:
legal Nt A
Budget NA
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RiskMgmt Nt A
Info Srvc N/A
Public Works N/A
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A ro riation Code:
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item # J -~
Meeting Date: 09-16-99
SUBJECT/RECOMMENDATION: Approve a Contract For Purchase of Property with Walton Mclean
Byars, Trustee, of improved property legally described as the West Y2 of Lot 5, Block 3, MAG NOLlA
PARK SUBDIVISION, and the north 9.88 feet of a vacated alley, commonly known as 917 Park Street, for
$90,000, plus estimated transaction expenses of $1,300, for a total cost not to exceed $91,300,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· The subject property is the third of four separately owned parcels located in the block the City is
acquiring for the planned "Town Pond". This is the next to last parcel needed.
· While the Purchase Price exceeds the value of $50,000 estimated on August 21, 1998 in an appraisal
performed for the City by Appraisal Associates of Tampa Bay, Inc.; it is the least amount the owner
considers sufficient to replace the present rental income of $8400 per year the property produces.
· Among other provisions, the contract stipulates the property is being purchased "as is". During
environmental assessments conducted pursuant to the Dimmitt property purchases, groundwater
samples were collected and analyzed on both the southern and western property I ines of the subject
property. No major environmental impacts were found. No other assessments have been made
specific to the subject property.
. The contract further provides that the tenant, Florida Final Coat, Inc., a painting contractor, may
remain in occupancy on a month-ta-month basis as a tenant at sufferance and continue to pay
monthly rent of $700, plus applicable sales taxes, until a termination date mutually agreed upon
between the City and the tenant. Tenant has given verbal assurance that numerous containers of
paint and a 5 gallon open container of waste oil stored within the structure will be properly disposed
of prior to vacating the property.
. The contract provides that the City will pay all closing costs, estimated at $1300.
8 Funding is to be provided from bond proceeds as anticipated in the results of the Utility Rate Study.
Any financial resources required to be used prior to the issuance of the bonds will be provided by a
loan from the consolidated cash pool.
Reviewed by:
legal ~
Budget vm ~
Purchasing NA
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Risk Mgmt NA
Info Srvc
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Originating Dept:
Public Works
User Dept.
Costs
Tot,ll
$91,300
Public Works
DCM/ACM
Other
ClJrrent FY
$-0-
Funding Source:
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Other
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Attachments
Submitted by: -:5r
City Manager r-
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A) ro riation Code: 375.96125-560100-539-000
Rev. 2/98
Bvars Cont Agn. ewb0899
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CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
\3
PARTIES: WALTON MCLEAN BYARS, as Trustee (herein "Seller"), of 100 palmview Road East, No.
66, Palmetto, Florida 33613-2229 Phone (941) 721-0813, and the CITY OF CLEARWATER,
FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P.
O. Box 4748, Clearwater, Florida 34618-4748, ATTENTION: City Attorney, Phone: (813) 562-
4010 (collectively "Parties") hereby agree that the Seller shall sell and Buyex shall buy
the following real property ("Real Property") and personal property ("Personalty")
(collectively "Property") upon the following terms and conditio~s.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY
AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT.
Time periods of 5 days or le~s shall be computed without including .
Saturday, Sunday, or national legal holidays and any time period ending
on a Saturday, Sunday or national leqal holiday shall be extended until
5:00 P.M. of the nent business day.
1. PROPERTY DESCRIPTION
LEGAL DESCRIPTION: The West ~ of Lot 5, Block 3, MAGNOLIA PARK SUBDIVISION, as
recorded in Plat BeoK 3, Page 41, of the Public Recor.ds of
Pinellas County, Florida, TOGETHER WITH the North 9.88 feet of a
vacated alley, as shown on the plat of COACHMAN HEIGHTS
SUBDIVISION, north of Block A, as recorded in Plat Book 20, age
26, of the Public Records of Pinellas County, Florida. Said
portion of vacated alley, lying adJacent to the said West ~ of Lot
5, Block 3, MAGNOLIA PAR.K SUBDIVISION; together with all the
tenements, hereditaments dnd appurtenances thereunto belonging,
and the reVerSlons, remainders, z:ents, issues and profits thereof.
STREET ADDRESS:
917 Park Street, Clearwater, Florida 33756
PERSONALTY :
NONE to be conveyed
2. FULL PURCHASE PRICE .. IALL TRANSACTION EXPENSES PAID BY BUYER)... $ 90,000.00
3. MANNER OF PAYMENT: City of Clearwater check in U. S. fu~ds at time
of closing (subject to credits, prorations)... $ 90,000.00
4. DETERMINATION OF PURC~~SE PRICE
The full Purchase Price as shown here~n has been negot:ated with Seller by City staff.
The property was not being offered fat sale..Selle: intended to retain ownership for the
purpose of generating supplemental retlrement income. 7he purchase price is deemed
sufficient by the Seller to replace the ~ncome stream now generated by ownership.
5. TIME FOR ACCEPTANCE; APPROVALS
Following exec'..ltion of this contract by Selle!, the Fr ice, terms and conditions as
contained herein shall remain unchanged and be held unco~d:tionally open for a period of
45 days following delivery in dupl1ca<:e oriqinol to Ear: Barrett, Real Estate Sexvices
Manager, in the Public Works Departmen': 0f th", C:lty 0: Clearwater for acceptance and
approval or rejection by action of the Cledrwat€:= C:t'J Corr::,..:.ssion ("Commission"). If thi~
agreement is accepted and approved by the Commission, it will be executed by duly
author.ized City officials and delivered to Buyer withi:: 10 days thereafter. If this
contract is rejected by the Ccmmiss~on upon lnitial prese~tation, this contract shall be
null and void in all respects dnd Buyer shall be so lnfor~ed in .writing within 5 days of
such action.
6. TITLE
Seller warrants legal capacity to and sholl convey mar~e':able title to the Property by
Statutory Warranty, Trustee's, Per soni'll Representati \'E:' S or Guardian's Deed, as
appropriate to the s':atus of Seller, subject only to matters contained in Paragraph 7
acceptable to Buyer. Otherwise title shall b~ free of liens, easements and encumbrances
of record or known to Seller, but subject to property :a:.:es for the year of closing;
covenants, restrictions and public utility easeITiE:nts of record; and NO OTHERS; provided
there exists at closing no violation of the foregoing and none of them prevents Buyer's
intended use of the Property for pLblic purposes. Selle: warrants and represents that
there is ingress and egress to the: Real Property suff:.-::ient for the intended use as
described herein.
7. TITLE EVIDENCE
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Buyer, At Buyer eJ<pensc shall have the privilege c: obtaining a title insurance
commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances,
exceptions or qualifications set forth in this Contra:=, and those which shall be
discharged by Seller at or before ClO$lng. Seller shall =cnvey a marketable title subject
only to liens, encumbrances, e>:ceptions or qual if icatio~s set forth in this contract.
Marketable title shall be determined according to applicable Title Standards adopted by
Page 1 0 f 5
the Florida Bar and in accordance with law. If Buyer finds that title is defective, but in
no event later than five (5) days before closing, Buyer shall notify Seller in writing
specifying such defect(s). If the defect(s) render title unmarketable, Seller will have 90
days from receipt of notice within which to remove the defect(s), failing which Buyer
shall have the option of either accepting the title as it then is or withdrawing from this
Contract. Seller will, if title is found unmarketable, make diligent effort to correct
defect(s) in title within the time provided therefor, including the bringing of necessary
suits.
8. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver- evidence of title and to
examine same, may have Real Property surveyed and certified to the Buyer, Seller and
closing agent by a registered Florida land surveyor. If survey shows any encroachment on
Real Property, or that improvements located on Real Property encroach on setback lines,
easements, lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect. The survey shall be
performed to minimum technical standards of Chapter 61G17-6, Florida Administrative Code
and may include a description of t.he property under the Florida Coordinate System as
defined in Chapter 117, Florida Statutes.
9. CLOSING PLACE AND DATE
Buyer shall designate closing agent and this transaction shall be closed in the offices
of the designated closing agent in Pinellas County, Florida, on or before 30 day.
fo11owing the Effective Date, unless extended by other provisions of this contract. If
either party is unable to comply with any provision of this contract within the time
allowed, and be prepared to close as set forth above, a fter making all reasonab1e and
diligent efforts to comply, then upon giving written notice to the other party, time of
closing may be extended up to __~ days without effect upon any other term, covenant or
condition contained in this contract.
10. CLOSING DOCUMENTS
Buyer shall furnish deed,
lien affidavit, assignments
corrective instruments.
closing statement, bill of sale (if applicable), mechanic's
of leases, tenant and mortgage estoppel letters, and
11. CLOSING EXPENSES
Documentary stamps on the deed, unless this transacti.on is exempt under Chapter 201.24,
Florida Statutes, togethe~ with recordation of deed, shall be paid by the Buyer. Seller
shall pay the costs of recording any corrective instruments.
12. PRORATIONS; CREDITS
If there exists allY taxes, assessments, rent (if 3r....) and other revenue of the
Property shall be prorated through the day before clos"-r.g. Closing agent shall collect
from the Seller all ad valorem taxes uncollected but due through day prior to closing and
deliver same to the Pinellas County Tax Collector with notification to thereafter exempt
the Property from taxation as provided in Chapter 196.012 (6) I Florida Statutes. If the
amount of taxes and assessments for the current year cannot be ascertained, rates for the
previous year shall be used with due allowance being made for improvements and exemptions.
Any deposits held by Seller in trust fo~ th~rd parties ~n occupancy of the Property shall
be credited to Buyer at time of closing. Assessments for any improvements that are
substantially complete at time of closing shall be paid in full by Seller.
13. OCCUPANCY
Seller warrants that there are no parties in occupancy o~her than the Seller and
F10ridl! Final Coat, Inc., tenant .1n occupancy under a month-to-month rental &grcaement
paying rent thereon at the rate of $700.00 per month, plus state sa1ea tax of 7%. Seller
.ha1l retain entire month's rent due and payable for month in which this transaction
closes. Se11er affirms he possesses no security deposit or other trust ~unds upon which
tenant ~y have a future claim; and agrees to deliver occupancy of the Property at time of
closing_ Buyer agrees to tenant re~ininq in occupancy under existing rental arrangement
wi~out ~nt adjustment, and until such date as may be mutua11y agreed upon between Buyer
and tenant.
."
14. PROP~TY CONDXTXON
Seller shall deliver the Property to Buyer at time of closing in its present "a~ is"
condition, ordinary wear and tear excepted, and sha~l maintain the landscapip.9 and
grounds in a comparable condition. Seller makes no warranties other than as 'ai~closed
herein in Paragraph 18 ("SELL:::R WARRANTIES") and marketability of title. Buye.r's
covenant to purchase the Property "as is" is more specifically represented in either
subparagraph a. or b. as marked [X].
a. (XI ~ I.: Buyer has inspected the Property or waives any right to inspect and
dccepts the Property in its present "as is" condition.
Page 2 of 5
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b. ( ] AA Ia With Right of Inspection: Buyer may, at Buyer expense and within N/A days
from Effective Date ("Inspection reriod"), conduct inspections, tests,-
environmental and any other investigations of the Property Buyer deems
necessary to deternUne suitability for Buyer's intended use. Seller shall grant
reasonable access to the Property to Buyer, its agents, contractors and assigns
for the purposes of conducting the inspections provided, however, that all such
persons enter the Property and conduct the inspections and investigations at
their own risk. Seller will, upon reasonable notice, provide utilities services
as may be required for Buyer's inspections and investigations. Buyer shall not
engage in any activity that could result in a mechanics lien being filed against
the Property without Seller's prior written consent. Buyer may terminate this
contract by written notice to Seller prior to expiration of the Inspection
Period if the inspections and/or investigations reveaJ conditions which are
reasonably unsatisfactory to Buyer, unless Seller elects to repair or otherwise
remedy such conditions to Buyer satisfaction; or Buyer, at its option, may elect
to accept a credit at closing of the total estimated repair costs as determined
by a licensed general contractor of Buyer's selection and expense. If this
transaction does not close, Buyer agrees, at Buyer expense, to repair all
damages to the Property resulting from the inspections and investigations and
return the Property to its pr~~ent condition.
lS. SELLER HELD HARMLESS
Buyer is self insured, and subje.:t to the limits and restrictions of the Florida
Sovereign Immunity Statute, F.S. 758.28, agrees to inde~lify and hold harmless the Seller
from claims of injury to persons or property during development of the survey described in
Paragraph 8, whether such claims result from Buyer's e.wn negligence, or that of its
employees or agents.
16. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in
escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period
of not longer than 5 days from and after closing, dunng which time evidence of title
shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or
change which would render Seller's title unmarKetable from the date of the last title
evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer
shall, within the 5 day period, notify the Seller in writlng of the defect and Seller
shall have 30 days from the date of receipt of such notlflcation to cure the defect. If
Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall,
upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property
and reconvey it to Seller by special warranty deed. If Buyer falls to make timely demand
for refund, Buyer shall take title "as i::;", wai'Ji:1g all :lghts against" Seller as to any
intervening defect except as may be available to Buyer Ly virtue of warranties contained
in the deed. The escrow and ClO$log pro~edure required by t~lS provision may be waived if
title agent insures adverse matters pursu<lnt to Sectlon (,':-:.7841, F.S. (1987), as amended.
17. DEFAULT
If this transaction is not closed due to an:l defaul~ or failure on the part of the
Seller, other than to make the title mad:etablE: after diligent effort, Buyer may seek
specific performance or unilaterally cancel thls agreement upon giving written notice to
Seller. If this transaction is not closed due to any default or failure on the part of the
Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee
regarding this transaction, the defaultlng party shall be liable for such fee.
18. SELLE~ WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect
the value of the Property, or which would be detrimental to the Property, or which would
effect Buyer's desire to purchase the property except as follows: (Specify known defects.
If none are known, write "NONE")
NONE
Buyer shall have the number of days granted in Paragraph 7 above ("Title Evidence") to
investigate said matters as disclosed by the Seller, and shall notify Seller in writing
whether Buyer w~ll close on this contract notwithstanding said matters, or whether Buyer
shall elect to cancel this contract. If Buyer fails to so notify Seller within said time
period, Buyer shall be deemed to have waived any objection to the disclosed matters and
shall have the obligation to close on the contract.
19. RADON GAS NOTIFICATION
.~ ,. i,
In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as
amended, Buyer is hereby informed as follows:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit.
Page 3 of 5
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20. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither thls contract nor any notice of lt 5~~ll be recorded in any public records.
This contract shall blnd and inure to the beneflt of the parties and their successors in
interest. Whenever the context perml ts, si ngular shall include plural and one gender
shall include all.
21. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when
deposited in the United States Mail, r-roperly stamped, certified or registered, and
addressed t~ the respective party to be notified, in~luding the parties to this contact,
the parties attorneys, escrow agent, inspectors, contractors Qnd all others who will in
any way act at the behest of the partles to sat:..sfy all terms and conditions of this
contract.
22. ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if anyl
may be singular or plural. ThlS Contract is binding upon Buyer, Seller, and their heirs,
personal representatives, successors and assigns (:f assignment is permitted).
23. ATTORNEY FEES; COSTS
In any litigation arising out of this contra~t, thr. prevailing party shall be entitled
to recover reasonable attorney's fees and ~osts..
24. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provislons shall co~~rol all printed provisions of contract
in conflict with them.
25. NO BROKER
Seller and Buyer represent and agree they hi'1\.'i';' dealt with no Broker or finder in
connection with the transactions contemplated hereby. Seller and Buyer further agree to
indemnify the other from any damage, ll.at:illry or ,:::':per.se either may suffer as a result of
any claim of a Broker or finder with whom it is determined that the other party has dealt
with in contravention of this agrep.ment; except, r.owev<,:=, that total Ci ty obligatlons
under th~s provision shall be subject to the lirnl t~ and restrictions of the Florida
sovereign immunity statute, F.S. 76f'.2E'.
26. EFFECT OF PARTIAL INVALIDITY
The invalidity ~f any provislon of this conn:.1::: will not ilnd shall not be deemed to
effect the validity of any other prov:~lon. LL ~:~.: e'..ent that any provision of this
contract is held to be invalid, the partles a~re'" :~at tr.e remaining provisions shall b~
deemed to be l.n full force and effect d'" i t t~.-=.: :-.ac: been e>:ecuted by both parties
subsequent to the exp~ngement of the invalld pr~v:o:~".
27. OOVERNING I.1\.W
!t is agreed by CIllO between the par':les here':C' ~i..lt this contract shall be govern~d
by, construed, and enforced in accordanc~ wl~h the !a~! c~ the State of Florida.
28. COUNTERPARTS; FACSIMILE COpy
This contract may be executed ~n t:....:;, or mor". c:~nt",rpilrts, each of which shall be
deemed an original and all of WhlCh together shal: ccr.st~tute one instrument. A facsimile
copy of this contract, lncluding any aaaendum, a~':dch~"'nts and any written modifications
hereof, and any initlals or signature thereon shal: be d~~~ed an ?riginal.
29. ENTIRE AGREEMENT
Upon execution by Seller and Buye~, thls contract shall constitute the entire
agreement between the parties, shall supersede a:::l and all prlor and contemporaneous
written and oral promises, representations or cor.dit:ons :.n respect thereto. All prior
negotiations, agrel:.'ment!:, memoranda and writings shill: be merged herein. Any changes to
be made in this agreement shall only be valld w~en expressed in writing, acknowledg~d by
the parties and incorporated herein or attached h~reto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
~ OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Date of execution by Seller:
~wrr
'/
1999.
I * ~.
sel1er:t1l~ h. L
Walton McLean Eyars, Jr.,
aA<LQ..-z
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Page 4 of S
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RE: Contract For Purchase of Real
Property by the City of Clearwater
Fr: Walton H. Byars, Trustee
APPROVED AND ACCEPTED this _____ day of
Countersigned:
Brian J. Aungst, Hayor-Commissioner--
Approved as to foon and
legal sufficiency:
John Carassas, Assistant City Attorney
Byars Purchase OB~9p.wb.do~
, 1999.
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto, City Manager
ATTEST:
Cynthia E. Goudeau, City Clerk
t~ J. .,
!.age 5 of :.
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LOCATOR MAP
917 Park Street
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ClealWater City Commission
Agenda Cover Memorandum
Worksession Item II:
Meeting Date:
~.~
Final Agenda Item #
SUBJECT/RECO"1MEN DATION:
Authorization to designate Clearwater Neighborhood Housing Services (CNHS) a Community Housing
Development Organization (CHDO) and to enter into a contract in the amount of $124,800 under the
provisions of the Cranston-Gonzales National Affordable Housing Act of 1990.
4.,
x and that the appropriate officials be authorized to execute same.
SUi\"MARY:
Among the purposes of the Cranston-Gonzales National Affordable Housing Act of 1990, as amended, are: (1)
to promote partnerships between State, units of general local government and nonprofit organizations, and (2)
to expand nonprofit organizations capacity to develop and rnanage decent and affordable housing. To assist in
achieving these purposes, the City of Clearwater, under the HOME invp~tment Partnership (HOME) Program
must reserve not less than 15% of their HOME allocations for investment in housing to be developed,
sponsored, or owned by Community Housing Development Organizations (CHDOs).
The City of Clearwater must identify eligible nonprofit organizations that are capable, or can reasonably be
expected to become capable of carrying out elements of Clearwater's approved housi ng strategy. Only
nonprofit organizations that have been certified by HOME participating jurisdictions as CH DOs can receive
funds from the minimum 15% set-aside.
The HOME program allows a jurisdiction two years within which to encurnber the 15% set-aside. The City of
Clearwater has funds in the amount of $60,300 for FY 1998 and $64,500 for FY 1999 available for a CHDO to
develop housing, own a rental property, or sponsor housing programs such as down payment and closing cost
assistance programs.
Clearwater Neighborhood Housing Services (CNHS) has requested and has provided the requisite
documentation to be designated a CHOO, and has requested and provided a plan for use of the City's 15 %
set-aside from the HOME Program. The plan is in keeping with the City's Consolidated Plan and conforms
with the guidelines of HUD Notice CPD-97-11 which provides guidance on Community Housing
Development Organizations (CHDOs) under the HOME Program.
Reviewed by:
Legal
Info Srvc
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Public Works "'J{.I-
OCM/ ACM
Other A)1L
Originating Dept.:
Planning and Dev
Services
User Dept.: 1.'7/'"
Housing Division 1 (,)YI
Costs
Totill 124,800
~
Budget ~
Purchasing V-
Risk Mgmt ..!J..Ii!-
Submitted by: --I
City Manager k-
Printed on recycled paper
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Current
FY
1997/98
1998/99
Funding Source: HOME
(I
Attachments
OP
Other
o None
A ro riation Code:683-0nOO-530300-554-000
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COMMUNITY HOUSING DEVELOPMENT ORGANIZATION
HOME INVESTMENT PARTNERSHIP PROGRAM
PARTICIPATION AGREEMENT
FOR
FY 1997-98 HOME PROGRAM
THIS AGREEMENT is entered into this day of September, 1999, by and between the City of
Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avenue,
Clearwater, Florida, hereinafter referred to as the "City" and Clearwater Neighborhood Housing Services,
Incorporated hereinafter referred to as the Community Housing Development Organization "(CHOO)".
WHEREAS, the City has entered into an agreement with the U. S. Department of Housing and Urban
Development for the purpose of conducting a Housing and Community Development Program with federal
financial assistance under Title I of the Housing and Community Development Act of 1974, as amended;
and
'VHEREAS~ HUD created the HOME Investment Partnership Program that provides funds to expand the
supply of affordable housing for very low income and low income persons; and
WHEREAS, the City has determined through its Consolidated Plan of Objectives and Projected Use of
Funds, which was adopted on July 17, 1997, the necessity for providing program administration, housing
rehabilitation, relocation, demolition, and property acquisition and disposition for low to moderate income
families; and
'VHEREAS, the Consolidated Plan provide for the use of HOME Program funds for rental housing
development and homcownership and homeowner assistance to low to moderate families. The HOME
Program require participating jurisdictions to set aside 15% of their HOME entitlement for Community
Housing Development Organizations hereinafter referred to as CHDOs; and
WHEREAS, the City has established Clearwater Neighborhood Housing Service, Inc. as the CHDO for
the City for fiscal year 1997-98; and
WHEREAS, the City desires to engage the CHDO to render certain services in connection therewith:
NO\V THEREFORE, the parties hereto agree to follows:
SECTION II:
SCOPE OF SERVICES
The CHDO agrees to implement the following programs in Clearwater in accordance with the projected
accomplishments attached and made a fully binding part of this Agreement, as follows:
HOME funds provided by the City to the CHDO may only be used for rental housing development in
accordance to the project listed in Schedule A of this agreement.
SECTION II:
CONDITION OF SERVICE
The CHDO must abide by all rules and regulations stated in the HOME Investment Partnerships Act (the
HOME Act) (Title II of the Cranston-Gonzalez National Affordable Housing Act the created the HOME
Investment Partnership Program that provides funds to expand the supply of affordable housing for the
very low and low income persons.
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expenditures of funds provided directly or indirectly by this Agreement, including matching
funds and program income.
2. Time sheets for split-funded employees who work on more than one activity, in order to
record the HOME activity delivery cost by project and the non-HOME related charges.
3. How the Statutory National Objecrive(s) and the eligibility requirement(s) under which
funding has been received, have been met. These also include special requirements such as
necessary and appropriate determinations, income certifications, written agreements with
beneficiaries, where applicable.
The CHDO is responsible for maintaining and storing all records pertinent to this Agreement in an orderly
fashion in a readily accessible, permanent and secured location for a period of five (5) years after expiration of
ll1is Agreement, with llle following exception: if any litigation, claim or audit is started before the expiration
date of the three year period, the records will be maintained until all litigation. claims or audit findings
involving these record" are resolved. TIle City shall be informed in writing atter close-out of this Agreement,
of the address where the records are to be kept.
SECTION III:
TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the u.s. Department of
Housing and Urban Development and being duly executed by both parties, whichever is later.
This agreement shall be effective beginning September 1, 1999 through September 30, 2000 for funding
through the FY 1997-98 HOME Program.
SECTION IV:
TER1\nNATION
TIle City and the CHDO agree:
A. This Agreement may be tenninated by either party hereto by written notice of the other party of such
intent to tenninate at least thirty (30) days prior to the effective date of such termination.
B. This Agreement may be tenninated in whole or in part, for convenience, when both parties agree
upon the termination conditions. A written notification shall be required and shall include the
following: reason for the termination, the effective date, and in the case of a partial termination, the
actual portion to be terminated. However, if, in the case of a partial termination, the City determines
that the remaining portion of the Agreement will not accomplish the purposes of such Agreement, the
City may terminate such in its entirety.
C. The City may place the CHDO in default of this Agreement, and may suspend or tenninate this
Agreement in whole, or in part, for calise.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this Agreement, or any
federal statute or regulation.
b. Submitting reports to the City which are late, incorrect or incomplete in any
material respect.
c. Implementation of this Agreement, for any reason, IS rendered impossible or
infeasible.
d. Failure to respond in wntmg to any concerns raised by the City, including
substantiatIng documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring of the subrecipient, and applicable HUD rules and regulations.
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The CHDO must maintain an affordability period of 15 years on the HOME funded project. Should the
CHDO not maintain affordability, the funds allocated will be recaputured from the CHDO based upon an
amount detennined by the City. '0('
The CHDO must maintain rent and occupancy standards as identified in HOME Program regulations.
The CHDO must maintain that it is an organized under State or local laws;
The CHDO must maintain that it has no part of its net earnings inuring to the benefit to any member,
founder, contributor, or individual;
The CHDO must maintain that it is neither controlled by, nor under the direction ot~ individuals or entities
seeking to derive profit or gain from the organization;
The CHDO must maintain that it is free to contract for goods and services from vendor of its choosing;
The CHDO must maintain that it has a tax exemption ruling from the Internal Revenue Service under
Section 501 (C) (3) of the Internal Revenue Code of 1986;
The CHDO must maintain that it has standards of financial accountability that confonns to 24 eFR 84.21,
"Standards for Financial Management Systems";
The CHDO must maintain that it has among its purposes the provision of decent housing that is affordable
to low-income and moderate income persons, as evidenced in its charter, articles of incorporation,
resolutions or by-laws by;
- maintaining at least one-third of its governing board's membership for residents of low income
neighborhoods. other low income community residents, or elected representative of low income
neighborhood organizations;
- providing a fonnal process for low income program beneficiaries to advise the organization in
its decisions regarding the design, sitting, development and management of affordable housing;
The CHDO must continue to demonstrate the capacity for activities assisted with HOME funds~
lbe CHDO shall maintain in its file the documentation on which basis it detennines that the project benefits
low and moderate income persons, minorities and residents of Clearwater. Such records shall include, but not
be limited to profiles identifying financial classification, head of household, ethnicity, race and gender, or area
beneHt data, as required.
Costs incurred under this program shall be in compliance with Federal Management Circular No. A-122,
"Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement.
The CHDO shall abidc by those provisions of 24 CFR Part 92, when applicable, incorporated by reference
into this Agreement.
No expenditures or obligations shall be incurred for the program prior to approval and release of funds from
the U.S. Department of Housing and Urban Development. Further, it is expressly understood that in the event
no funds are released from the U.S. Department of Housing and Urban Development in connection with this
Program, then the City is not liable for any claims under this contract.
The CHDO shall certify, pursuant to Section 109 of the Act, that no person shall be denied the bcnefits of the
program on the ground of race, color, national origin or sex.
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The CHOO agrees that to the extent that it staffs the Program with personnel not presently employed by said
party, it will take affirmative action in attempting to employ low income persons residing in the City of
Clearwater, particularly minority group members.
The CHDO shall comply with the provisions of 24 CFR 92, "Program Income", gross income directly
generated from the use of HOME funds. All program received by the CHDO shall be returned to the City.
The CHOO shall comply with First Amendment Church/State principles, as follows:
1. It will not discriminate against any employee or applicant for employment 011 the basis of
religion and will not limit employment or give preference in employment to persons on the
basis of religion.
2. It will not discriminate against any person applying for public services on the basis of
religion and wilI not limit such services or give preference to persons on the basis of
religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing, and exert no 0111er religious infiuence in the
provision of such public services.
4. The portion of a facility used to provide public selvices assisted in whole or in part under
this Agreement shall contain no sectarian or religious symbols or decorations.
5. The funds received under this Agreement shall not be used to construct, rehabilitate, or
restore any religious facility which is owned by the Provider and in which the public
services arc to be provided. However, minor repairs may made if such repairs are directly
related to the public services; are located in a stnlcture used exclusively for non-religious
purposes; and constitute, in dollar terms, only a minor portion of the HOME expenditure for
the public services.
TIle CHDO shall transfer to the City upon expiration of this Agreement, any HOME funds on hand at the time
of expiration and any accounts receivable attributable to the use of HOME funds. 'Ole following restrictions
and limitations apply to any real property under the Provider's control which was acquired or improved in
whole or in part with HOME funds in excess of $25,000:
I. Any real propel1y under the CHDO control must be used to meet HOME regulations until
five years or such longer period of time as determined appropriate by the City after
expiration of the Agreement.
2. If the real property is sold within the period of time specified above. the property must be
disposed of in a manner which results in the City being reimbursed in the amount of the
current fair market value of the property, less any portion thereof attributable to
expenditures on non-HOME funds for acquisition of, or improvement to, the property.
Such reimbursement is requireJ.
TIle CHDO shall ensure the following when entering into a sub-contract agreement:
I. The full correct legal name of the party shall be identified.
2. The "Scope of Services" shall describe the activities to be performed.
TIle CHDO shall maintain sufficient records in accordance with 24 CFR 92.508 (4) to determine compliance
with l1le requirements of this Agreement, the HOME Program and all applicable laws and regulations.
This documentation shaH include, but not be limited to, the following:
1. Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and
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B. The City agrees to pay the CHDO for expenditures incurred under this Agreement in accordance
with the Budget and Project Implementation Schedule attached hereto and made a part hereof as
Appendix
C. Line item transfers are allowable only within each component and may not exceed in the aggregate
fifteen percent (15%) of each line item without prior written approval of the City. All changes
amounting to more than fifteen percent (15%) i =:quire prior written approval.
SECTION VII:
CONFLICT OF INTEREST
The CHOO covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with HOME funded activities, has any personal financial interests, direct or
indirect, in this Agreement. The CHDO covenants that in the perfonnance of this Agreement, no person
having such conflicting interest shall be employed. The CHDO covenants that it will comply with all
provisions of 24 CFR 92 "Conflict ofInterest". The CHDO shall disclose, in writing, to the City any possible
conflicting interest or apparent impropriety that i!: covered by the Above provisions. 111is disclosure shall
occur immediately upon knowledge of such possible conflict. The City will then render an opinion which
shall be binding on both parties.
SECTION VIII:
INDEMNIFICATION AND INSURANCE
The CHOO shall indemnify and hold harmless the City from any and all claims, liability, losses and causes of
action which may arise out of the Agreement as a result of actual or alleged acts of the CHOO hut not actual or
alleged acts of the City. The CHDO shall pay all claims and losses of any nature whatsoever in connection
therewith and shall defend or pay to defend all suits brought against the City, when requested, and shall pay all
costs and judgements which may issue thereon.
Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are
involved in any way in the performance of the Agreement.
Tbe CHDO shall submit to the City an ORIGINAL Certificate of Insurance.
All liability insurance coverage shall be approved by the City's Risk management Office prior to the release
of any funds under this Agreement. Generally, the amount of coverage necessary would be at a minimum of
$1,000,000.
FUlther, in the event evidence of the required insurance is not forwarded to the Risk Management Office
within thirty (30) days after the execution of this Agreement, this Agreement may be tellllinatcd at the City's
option and any paymcnts tllen due may be pcrmanently withheld by the City and the City will have no further
obligation under this contract or any subrecipient contract.
SECTION IX:
REPORTING AND EV ALVA TION REQUIREMENTS
Maintaining credibility for the conununity development effort rests heavily on the ability to produce an impact
in low/moderate income areas, through progress in accomplishing scheduled activities. An effective method
for maintaining project progress against a previously established schedule is through project evaluation and
reporting, which will consist of both written reports and staff discussions on a regular basis. The CHDO also
assures prompt and efficient submission of the following:
A. Monthly Reports are due no later tllan the tenth (lOth) day of the succeeding month and shall
include the request for payment when applicable. Contents of the Monthly Report, attached hereto
and made a part hereof as Appendix 3, shall include but not necessarily be limited to the following:
1. The Narrative Report Fonn
2. The Financial Summary Form, which shall include the request for payment and
documentation, as applicable.
3. The Client Profile Form
B. Semi-Annual Progress Evaluation. No later than April 1 0, the CHOO shall submit evaluation of the
effectiveness of the program during the first six months of the year. The purpose of this report is to
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_ -41
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2. The City shall nOtify the CHDO in writing when the CHDO has been placed in default.
Such notification shall include actions taken by the City, such as withholding of payments,
actions to be taken by the CHDO as a condition precedent to clearing the deficiency and a
reasonable date for compliance, which shall be no more than fifteen (15) days from
notification date.
3. The City shall notify the CHDO in writing when sufficient cause is found for termination of
this Agreement. TIle CHDO shall be given no more than fifteen (15) days in which to reply
in writing. appealing the termination prior to final action being taken by the City.
D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of
the U.S. Department of Housing and Urban Development, this Agreement will terminate effective as
of the time that it is detemlined such funds are no longer available.
E. Costs of the CHDO resulting from obligations incurred during a suspension or after termination, arc
not allowable Imless the City expressly authorizes them in the notice of suspension or termination or
subsequently. Other costs during suspension or after tennination which are necessary and not
reasonably avoidable are allowable if:
1. TIle costs result from obligations which were properly incurred before the effective date of
suspension or termination. are not in anticipation of it, and in the case of termination, are
noncancelable, and
2. TIle costs would be allowable if the award were not suspended or expired normally at the
end of the Agreement in which the temlination takes effect.
F. Upon termination of the Agreement. the CHDO and the City shall meet to discuss the City's
determination if any amounts arc to be repaid to the City or if additional amounts are due the CHDO.
SECTION V:
Al\fENDMENTS
Any alterations, variations. modifications or waivers of this Agreement shall only be valid when they have
been reduced to writing and duly signed by both parties. Any changes which do not substantially change the
scope of the project and/or the Project Implementation Schedule or increase the total amount payable under
this Agreement, shall be valid only when reduced to writing and signed by the City Administration and the
Provider.
The City shall not reimburse the CHDO for outlays in excess of the funded amount of the Agreement unless
and until the City officially, in writing, approves such expenditure by executing a written modification to the
original Agreement.
SECTION VI:
METHOD OF PA Yl\1ENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures
incurred shall be $60.}00 for fiscal year 1997-98. Funds provided are subject to the performance standards
listed in Attachment A.
The funds must be expended in accordance with the terms and conditions of the Agreement. Funds set aside
for the CHDO may increase or decrease, subject to production performance standards. Production will be
revie\ved monthly. Any remaining balance of funds shall reve11 to the City or other City approved provider(s).
Such compensation shall be paid in accordance with the projected accomplishments and budget descriptions
attached hereto and made a pat1 hereof as Appendix 1.
A. The CHDO shall submit requests for payment for actual expenditures, including applicable back-up
documentation. on a as needed bases and the City will provide reimbursement, upon approval, within
ten (10) working days after receipt of the same, if submitted by the deadline data for inclusion on the
drawdown request.
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pennit the City to implement a subrecipient ranking system for requests for funding for the
subsequent program year. This report shall be provided on forms to be developed by the City. This
requirement may be waived if the CHDO elects not to request funding in the subsequent program
year.
C. Final Evaluation. Within twenty (20) days of contract completion, a final report documenting how
tlle Statutory National Objective and the eligibility requirements wen: met, must be submitted by the
Provider to the City's Housing Division of the Planning and Development Services Development
Department for review and approval. The contents of same shall include a I:umulative total of the
data submitted during the program's operation. Further, such report shall include statistical findings
which depict program efficiency~ i.e., the number of dollars spent, including non-CDBG funding
sources, to render actual service to program recipients, and an overall evaluation of the program's
effectiveness, and quantitative results. The fmal report will be evaluated and the Provider will be
notified if additional data is necessary or that the project/activity is considered "closed-out".
Other Reporting Requirements may be required by the City in the event of program changes, need for
additional information or documentation and/or legislation amendments. The CHDO shall be informed, in
writing, if any changes become necessary.
Reports and/or requested documentation not received by the due date, shall be considered delinquent, and may
be considered by the City as sufficient cause to suspend HOME payments to the CHDO.
SECTION X:
AUDIT AND INSPECTIONS
At any time during nonnal business hours and as often as City andlor Federal Government representatives
may deem necessary, there shall be made available to representatives of the City and/or the Federal
Government an opportunity to review, inspect or audit all records, documentation, and any other data relating
to all matters covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after the end of the CHOO fiscal year.
TIle audit shall be performed in accordance with OMB Circular A-133 or OMB Circular A-128, as applicable.
I f this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any
disallowed costs identified in an audit after such close-out.
SECTION XI:
COMPLIANCE WITH LOCAL, STATE & FEDERAL REGULATIONS
TIle CHDO agrees to comply with all applicable federal regulations as they may apply to program
administration. Additionally, the CHDO will comply with all state and local laws and ordinances hereto
applicable.
SECTION XlI:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly wlderstood and agreed by the parties hereto that monies contemplated by this Agreement to be
used for compensation originated from grants of federal HOME Investment Partnership Program funds must
be implemented in full compliance with all ofHUD's and State's roles and regulations.
It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant
funds, that the financial sources necessary to continue to pay the CHDO compensation will not be available
and that this Agreement will thereby temunate effective as of the time that it is determined that said funds arc
no longer available.
In the event of such detemlinatiol1, the CHDO agrees that it will not look to, nor seek to hold liable, the City or
any individual member of the City Commission thereof personally for the perfonnance of this Agreement and
all of the parties hereto 'ihall be released from further liability each to the other under the terms of this
Agreement.
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IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date first above indicated.
CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC.
By
President
Date
ATTEST:
Secretary
Date
Countersigned:
CITY OF CLEARWATER, FLORIDA
Brian Aungst
Mayor-Commissioner
Michael Roberto
City Manager
Date
ATTEST:
Cynthia Goudeau
City Clerk
Date
Approved as to form & legal sufficiency:
(Assistant) or
City Attorney
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ATTACHMENT A
Clearwater Neighborhood Housing Service, Inc. has been designated as the Community
Housing Development Organization (CHDO) for Fiscal Year 1997-98 and has been
awarded $60,300 in funding through the HOME Investment Partnership Program.
Cleanvater Neighborhood Housing Service, Inc. has chosen to obligate these funds to
refinance the existing mortgage and rehabilitate a two unit rental housing structure
located at 606 North Garden A venue, Clearwater.
Funding allocated for this project will be held in an escrow account with the City of
Clearwater and disbursed to the CHDO as determined by the project description listed
below:
Rental Housing Refinancing/Rehabilitation Project
606 North Garden Avenue
Hard Costs
Existing mortgage payoff...................................................... $15,200
Construction and material costs............................................ 35,500
Total............. $50,700
Soft Costs
Accounting Fees.. ...................... ............. ................................$ 100
Appraisal Fees......................................................................... 500
Architectural/Engineering Costs
Job Specifications...................................................... 500
Job progress inspections................... ........... .............. 300
Legal Costs
Preparation of HOME Program Rental Lease.......... 500
Recordation fees, transaction taxes, etc................................ 200
Developers fees....................................................................
Total Soft Costs
3,760
$5,860
Temporary Relocation Costs
Temporary lodging and storage costs...................................$ 3,740
Total Project Costs....... ... .... ...... ........ ..... ... ...........t ... ...... ..... ....... .... .$60,3 00
t..,
B~ 1-
Third Quarter Budget Review
Fiscal 1998-99
City Manager's Transmittal
/5
q. \to .9~
Memorandum
TO:
Mayor and City Commission
FROM:
Michael Roberto, City M
COPIES:
City Manager, Department Directors
Deputy City Manager, Assis
SUBJECT: Third Quarter Review - Amended City Manager's Annual Budget Report
DATE: August 30, 1999
General Fund
At third quarter, anticipated fund revenues and expenditures reflect an increase of $12,350 offsetting
increases in the program ex.penditures in Public Works for damages on transportation devices that were
funded from insurance proceeds ($9,550) and funding from contractual services at the Sailing Center
which will provide for the purchase of a point-of-sale system at the Sailing Center ($2,800).
Franchise fees and Utility tax revenues were decreased by a total of $564,250 due to slower than
anticipated collections. Bllt, these decreases were offset by anticipated increases in the collection of
property tax proceeds and revenues from court fines.
"Vision" Funding: Mid Year amendments reflect the distribution of $6,000 to provide funding for the
LoreUi/McQueen presentation in June.
Total distribution of the $750,000 of vision funding to date is $364,439. The current balance of vision
funds available for distribution is $385,561.
Budgeted revenues and expenditures of all Enterprise Funds are basically as anticipated at third quarter.
Any significant amendments for these funds are noted below.
Gas Fund
The budget decreases to Gas Fund revenues and ex.penditure in the amounts of $174,270 and $302,690
respectively, primarily reflect reduced fuel sales as well as fuel purchases as a result of the unusually
warm winter.
Stormwater Fund
Budget amendments to Stormwater revenues and expenditures at third quarter reflect the appropriation of
$20,000 of retained earnings to offset an unanticipated penalty of $20,000 from the Florida Department of
Environmental Protection.
Third Quarter Budget Review
FlJcal 1998-99
City Manager'. Transmittal
~
Third Quarter amendments to the Marina Fund reflect increases of $45,000 in gas and oil sales due to
seasonal weather offsetting an increase of $25,000 in fuel inventory purchases.
Internal Seni~~
Administrative Services Fund revenues and expenditures reflect the appropriation of $297,600 of retained
earnings for the Oxford consulting engagement for the Peoplesoft upgrades as approved by the
Commission on June 17, 1999. No other significant amendments are proposed for the General Services,
Administrative Services and Central Insurance Funds at third quarter.
Capital Improvement Fund
The amendments to the Capital Improvement Fund total a net decrease of $246,621. Almost all Capital
Improvement budget increases have been previously approved by the City Commission and are outlined
on page 21 of the detailed report. Other amendments that have not previously been approved by the City
Commission are outlined on the same page, the most significant being the transfer of $74,000 of
recreation facility impact fees to the Skate Park Facility project to provide additional funding for the
construction of the park.
Special Provam Fund
Amendments to the Special Program fund total a net increase of $1,292,284. Significant increases
include over $450,000 in new grant funds including funds for the COPS More grant, Weed and Seed,
the Victims of Crime as well as numerous others. The budget amendments also include transfers from
programs in the General Fund totaling over $477,000 primarily in the Police Department to provide
matching funds for these grants and establish a project to fund the MSB and Library Police Aides for
the fiscal year 2000. The balance of the program increases reflects funds from court proceeds funding
the Police Contraband Forfeiture and other Police programs as well as donations for various purposes.
~ed Third Ouarter Report
The complete third quarter report is available in the City Clerk's office. The complete report includes
detailed explanations of budget amendments, as well as a schedule of administratively approved change
orders. An overall analysis of fund budgets, quarterly variances, and fund amendments is attached for
your review.
If you have any further questions, or would like additional detail, I would be pleased to discuss this
quarterly review and my recommended amendments with you.
, " ~ ~ " "', '. . . " 'I -;,~:.... ',I. .'. '.. l . ~ .. ~.. . '. .......;~ " . . " . I" .. . . .,
ORDINANCE NO. 6444-99
AN ORDINANCE OF THE CllY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1999 TO REFLECT INCREASES AND
DECREASES IN REVENUES AND EXPENDITURES FOR THE
GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL
PROGRAM FUND, GAS FUND, SOLID WASTE FUND,
STORMW A TER UTILIlY FUND, RECYCLING FUND, MARINE
FUND, AND ADMlNISTRA TIVE SERVICES FUND, AS PROVIDED
HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 1999, for operating
purposes, including debt service, was adopted by Ordinance No. 6329.98; and
WHEREAS, at the Third Quarter Review it was found that an increase in expenditures of
$12,350 is necessary in the General Fund; an increase of $1,292,284 is necessary in the Special Program
Fund; an increase of$53,854 in the Special DeveloprnentFund; an increase of$8,175 is necessary in the
Solid Waste Fund; an increase of $20,000 is necessary in the Stonnwater Utility Fund; an increase of
$25,000 is necessary in the Marine Fund; and increase of $297,600 in the Administrative Services Fund;
and that sufficient revenues are available to cover these additional expenses; 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 Commission 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 COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 6329-98 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal
year beginning October 1, 1998 and ending September 30, 1999 a copy of which is
on file with the City Clerk, the City Commission hereby adopts !!!lJ!!!lended budget
for the operation of the City, a copy ofwhich 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
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
-1),. ~ L
Pamela K. Akin, City Attorney
Attest:
Cynthia E.Goudeau, City Clerk
Ordinance 16444-99
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EXHIBIT A
1998.99 BUDGET REVENUE
First Third
Quarter Mid Year Quarter
Original Amended Amended Amended
Budget Budget Budget Budget Budget
1998/99 1998/99 1998/99 1998/99 Amendment
General Fund:
Property Taxes 21,242,420 21,242,420 21.242,420 21,576,440 334,020
Sales Tax 5,235,000 5,235,000 5,185,000 5.185,000
Franchise Fees 7,888,000 7,888,000 7,784,690 7.614,690 -170.000
Utility Taxes 15.653,090 15,653.090 15,611,386 15.217,136 -394,250
Licenses & Permits 2.813,000 2,813.000 2.813,000 2,813,000
Fines, Forfeitures or
Penalties 1.199,6bO 1,199.600 1.199,600 1,417,630 218,030
Intergovernmental Revenue 8,522,340 8,522.340 8.481,840 8,481,840
Charges for Services 1,535,550 1,535,550 1,535,550 1,535,550
Use and Sale of City Property
and Money 1,266,760 1,266.760 1.305.820 I 1,315,370 9,550
Miscellaneous Revenues 182,060 182,060 143,000 158,000 15,000
Interfund ChargeslTransfers 10,071,300 10.071,300 10,144,610 10,144,610
Transfer from Surplus 1,800,000 2,066,716 2,225,874 2,225,874
Total, General Fund 77,409,120 77,675,836 77,672,790 77,685.140 12,350
-=
Special Revenue Funds:
Special Development Fund 12,780,350 . 13,002.350 13,349,350 13,340,340 -9,010
Special Program Fund 2,113,000 3,954,518 4,475,124 5,767,408 1,292,284
Utility & Other Enterprise Funds:
Water & Sewer Fund 48,331,170 48,331,170 48,986,470 48,986,470
Gas Fund 21,178,070 21,178,070 20,765,450 20,591,180 -174,270
Solid Waste Fund 13,847,000 14.253,180 14.253,180 14,261,355 8,175
Stormwater Utility Fund 4,745,000 5,114,649 5,044,249 5,064,249 20,000
Recyding Fund 2,271,000 2,201,610 2,201.610 2,182,700 -18,910
Marine Fund 2,134,770 2.153,213 2,163,513 2,208,513 45.000
Parking Fund 2,993,280 2,993,280 2.993,280 2,993,280
Harborview Center Fund 2,064,700 2.069.700 2,165,340 2,165,340
Internal Service Funds:
Administrative Services Fund 7,025.300 7.025.300 7,017,620 7.315.220 297,600
General Services Fund 2,759,690 2,759,690 2,781,190 2,781,190
Garage Fund 8,256,290 8.256,290 8,345/450 8,345,450
Central Insurance Fund 10,766,320 10,693,334 10.693,334 10,693.334
Total, All Funds 218.675,060 221,662,190 222,907.950 224,381.169 1,473,219
Ordinance #6444~99
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EXHIBIT A (Continued)
1998.99 BUDGET EXPENDITURES
First Third
Quarter Mid Year Quarter
Original Amended Amended Amended
Budget Budget Budget Budget Budget
1990/99 1998199 1998199 1998/99 Amendment
General Fund:
City Commission 194,200 194,200 194,200 194,200
Administration 3,947,570 4,113,208 3,961,458 3,981,698 20,240
Legal 1,190,550 1,190,550 1,190,550 1,190,550
City Clerk 790.480 790.480 790.480 790,480
Finance 1,817,710 1,817.710 1,817.710 1.817.710
Human Resources 796,030 796.030 981.930 961,690 .20,240
Police 24,585.250 24,825.250 24,825.250 24.825,250
Fire 11,770,450 11,770.450 11.770,450 11.770,450
Central Permitting 3,508.650 3,533.650 3,719.710 3,719,710
Parks & Recreation 11,388.000 11,409,200 11.398.370 11.398,370
Library 4,400,550 4,410.550 4.410,550 4.410,550
Marine - Pier 60 288,580 288.580 288.580 288.580
Marine - Salling Center 135,560 135.560 147.760 150.560 2,800
Marine - Airpark 6.200 6.200 6,200 6,200
Public Works Administration 7,082,270 7,082,270 7.012,570 7.022.120 9.550
Non-Departmental 5,507,070 5,311,948 5.157,022 5.157.022
Total, General Fund 77,409,120 77,675.836 77.672,790 77,685,140 12,350
Special Revenue Funds:
Special Development 12,705,350 12,904.284 13.035,784 13,089,638 53,854
Special Program 2,013,000 3,854.518 4.375,124 5.667,408 1.292.284
Utility & OttIer Enterprise Funds:
Water & Sewer Fund 48,331,170 48,331.170 48.331.170 48.331.170
Gas Fund 20,485,525 20,485,525 20,462.140 20.159.450 -302.690
Solid Waste Fund 14,021.790 14,253.180 14,253,180 14.261,355 8.175
Stormwater Utility Fund 3,761.560 5,114,649 5.044.249 5.064.249 20,000
Recycling Fund 2,265.940 2,201,610 2,201,610 2.182.700 u18,910
Marine Fund 2,000,110 2,018.553 2.075,323 2.100.323 25,000
Parking Fund 2,993,280 2,993.280 2.993.280 2.993,280
Harborview Center Fund 2,064,700 2,069.700 2,165,340 2.165,340
Internal Service- Funds:
Administrative Services Fund 7,017,620 7,017.620 7,017,620 7,315.220 297.600
General Services Fund 2,159.690 2.759,690 2.781,190 2.781.190
Garage Fund 7,999.150 7,999.150 8,345.450 8.345,450
Central Insurance Fund 9,707.510 9,634,524 9,669,504 9,669,504
Total, All Funds 215,535.515 219,313.289 220.423,754 221,811,417 1.387,663
Ordinance #6444-99
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-
o
Interoffice Correspondence Sheet
To: Mayor and Commissioners
From: Tina Wilson, Budget Director
CC: Michael Roberto, City Manager
Bill Horne, Assistant City Manager
Date: September 1 5, 1 999September 15, 1999
RE: Correction to Third Quarter Capital Improvement Ordinance #6445-99
Attached for your consideration is a correction to the Third Quarter Capital
Improvement Ordinance #6445-99 as a follow up to last night's public hearing.
The amount of $325,000 is returned to the General Fund from Capital Project
315-93296, Clearwater Beach Aquatics Park and Pool. This will provide funds
for the balancing of the 1 999/00 operating budget.
The '1999/00 capital budget will reflect the reallocation of $325,000 of Penny for
Pinellas dollars from the D.D. Davis Park project to the Clearwater Beach
Aquatics Park project.
The third quarter exhibits also reflect an earlier proposed correction in the
categories entitled Major Street Maintenance increasing the quarterly amendment
by $13,860 from $895,000 to $908,860 in th is category and a reduction of the
quarterly amendment by the same $13,860 in the Maintenance of Buildings
category from $282,000 to $268,140.
All other categories remain unchanged and the total amendment to the Capital
Improvement Fund remains at a net decrease of $571,621.
.' '., ," r 1 I ~ , , ,\ , ~ .. . \ .
Corrected 9/14/99
ORDINANCE NO. 6445-99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING
THE CAPITAL IMPROVEMENT PROGRAM REPORT AND BUDGET FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1999, TO REFLECT AN INCREASE IN
BUDGET EXPENDITURES TO EXPAND THE SCOPE OF PROJECTS IN TIlE
FUNCI10NAL CATEGORIES OF FIRE PROTECTION, NEW STREET
CONSTRUCTION, INTERSECTIONS, LAND ACQUISITION, PARK
DEVELOPMENT, BEAUTIFICA nON, LIBRARIES, AND MISCELLANEOUS,
AND TO REFLECf A DECREASE IN BUDGET EXPENDITURES TO REDUCE
THE SCOPE OF PROJECTS IN THE FUNCTIONAL CATEGORIES OF MAJOR
STREET MAINTENANCE, MISCELLANEOUS ENGINEERING, BUILDING
MAINTENANCE, SEWER SYSTEM, GAS SYSTEM, UTILITY
MISCELLANEOUS, AND RECYCLING, FOR A NET DECREASE OF $571,621;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Program Report and Budget for the fiscal year ending
September 30, 1999 was adopted by Ordinance No. 6330-98; and
WHEREAS, unanticipated needs necessitate an increase in expenditures for the following: Fire
Protection $183,992; New Street Construction $550,000, Intersections $3,000, Land Acquisition $1,186,
Beautification $6,989, Libraries $1,622, and Miscellaneous $166,264, and
WHEREAS, funds of $209,939 are available to finance these projects through use of
Community Redevelopment Agency Revenues, Donations, Solid Waste Revenues, Administrative
Services Revenues; and
WHEREAS, Section 2.519 of the Cleanvater Code authorizes the City Commission 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 COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 6330-98 is amended to read:
Pursuant to the Third Quarter Amended Capital Improvement Program Report and
Estimated Budget for the fiscal year beginning October 1, 1998 and ending September
30, 1999, a copy of which is on file with the City Clerk, the City Commission hereby
adopts a Third Quarter Amended budget for the capit.a1 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
Brian 1. Aungst, Mayor-Commissioner
Attest:
Approved as to form:
Cynthia E. Goudeau, City Clerk
Pamela K. Akin, City Attorney
Ordinance #6445-99
II" . "J '.. .. I, . , ' . , t
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1998/99
Corrected
9/14/99
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
1998/99 1998/99 1998/99 1998/99 Amendments
-- ----- ------- ------- --.---.
Pollee Protection 0 0 0 0
Fire Protection 736,500 1,752,068 1,752,068 1,936,060 183,992
New Street Construction 750,000 1,443,061 10,750,000 11,300,000 550,000
Major Street Maintenance 6,205,000 6,205,000 6,210,282 5,301,422 -908,860
Sidewalks & Bike Trails 422,000 422,000 422,000 422,000
Intersections 445,000 445,000 445,000 448,000 3,000
Parking 1,775,000 1,775,000 1,275,000 1,275,000
Miscellaneous Engineering 135,000 135,000 105,427 101,427 -4,000
Land Acquisition 0 218,150 329,650 330,836 1,186
Beautification 0 0 -5,282 1,707 6,989
Park Development 1,330,000 1,566,000 1,594,396 1,347,396 -247,000
Marine Facilities 350,000 350,000 481,966 481,966
Libraries 1,931,670 1,939,727 1,939,727 1,941,349 1,622
Garage 2,770,000 2,770,000 2,770,000 2,770,000
Maintenance of Buildings 653,000 653,907 653,907 385,767 -268,140
General City Buildings 0 0 0 0
Miscellaneous 1,312,650 1,316,777 1,147,420 1,313,684 166,264
Stormwater Utility 7,058,000 7,706,398 7,706,398 7,706,398
Water System 5,841,200 6,743,240 6,743,191 6,743,191
Sewer System 9,565,000 9,544,270 9,544,270 9,525,225 -19,045
Gas System 6,398,130 6,398,130 1,234,130 1,230,395 -3,735
Solid Waste 565,000 565,000 565,000 565,000
Utilities Miscellaneous 0 0 49 -4,485 -4,534
Recycling 436,600 416,600 416,600 387,240 -29,360
TOTAL 48,679,750 52,365,328 56,081,200 55,509,519 .571,621
Ordinance # 6445-99
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EXHIBIT A (Continued)
RESOURCES APPROPRIATED FOR CAPITAL PROJECTS 1998/99
Corrected
9/14/99
Original
Budget
1998/99
First Qtr
Amended
Budget
1998/99
Mid Year
Amended
BUdget
1998/99
Third Qtr
Amended
Budget
1998/99 Amendments
GENERAL SOURCES: -- ------- ----- ------
Genoral Operating Revenue 1,052,000 1,126,982 1,112,940 808,193 -304,747
General Fund Retained Earnings 800,000 800,000 800,000 800,000
General Revenue/County Co-op 206,670 206,670 206,670 206,670
Special Development Fund 160,000 382,000 382,000 361,854 -20,146
Community Redevelopment Agency 0 10,010 10,010 92,249 82,239
Road Millage 1,795,000 1,795,000 1,795,000 1,795,000
Open Space Impact Fees 0 0 70,848 70,848
Recreation Land Impact Fees 0 0 40,652 40,652
Recreation Facillity Impact Fees 0 0 0 74,000 74,000
Transportation Impact Fees 1,090,000 1,090,000 1,090,000 1,090,000
Pennies I 4,944,650 4,921,584 4,921,584 4,921,584
Pennies II 0 693,061 10,000,000 10,000,000
Development Impact Fees 270,000 270,000 270,000 270,000
Local Option Gas Tax 1,750,000 1,750,000 1,750,000 1,750,000
Grants - Other Agencies 115,000 115,000 115,000 115,000
FEMA 0 0 144,966 144,966
Plnellas County Commission 0 6,315 6,315 6,315
Property Owners Share 0 0 0 0
Interest 0 0 0 0
Donations 0 8,057 8,057 12,629 4,572
Other Municipalities 0 0 0 0
Reimbursement from SWFWMD 0 871,364 871,364 871,364
FI Cept of Envlr Protection Grants 0 0 0 0
Florida State -Other Grants 0 0 0 0
Land Sales 0 0 0 0
Rental Fees 0 0 0 0
Insurance Reimbursement 0 0 0 0
SELF SUPPORTING FUNDS:
Marine Operating Revenue 50,000 50,000 50,000 50,000
Parking Revenue 275,000 275,000 275,000 275,000
Harborvlew Center Revenue 15,000 15,000 15,000 15,000
Utility System:
Water Revenue 2,358,100 2,358,100 2,358,100 2,355,382 -2,718
Sewer Revenue 9,878,100 9,857,370 9,857,370 9,856,777 -593
Reclaimed Water Revenue 175,000 175,000 175,000 175,000
Water Impact Fees 75,000 75,000 75,000 75,000
WaterR&R 800,000 800,000 800,000 800,000
Sewer R & R 1,325,000 1,325,000 1,325,000 1,325,000
Utility R & R 0 0 0 0
Gas Revenue 1,234,130 1,234,130 1,234,130 1,230,781 -3,349
Solid Waste Revenue 565,000 797,150 797,150 805,325 8,175
Stormwater Utility 20,000 1,319,000 1,319,000 1,319,000
Recycling Revenue 436,600 416/600 416/600 387,240 -29,360
Grant - Reclaimed Water 840,000 840,000 840,000 840,000
Ordinance # 6445-99
, ~ . \ . \ It ~. I ,;.I' << '.' . ~ .
EXHIBIT A (Continued)
Corrected
9/14/99
RESOURCES APPROPRIATED FOR CAPITAL PROJECTS 1998/99
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
1998/99 1998/99 1998/99 1998/99 Amendments
---. -- ----- ----
INTERNAL SERVICE FUNDS:
Garage Fund 53,000 53,000 53,000 53,000
Admin Services Fund 165,000 165,000 165,000 205,953 40,953
BORROWING - GENERAL SOURCES:
Lease Purchase 1,189,000 2,118,295 2,118,160 2,117,949 -211
SELF-SUPPORTING FUNDS:
Lease Purchaso - Sewer 82,500 82,500 82,500 65,064 -17,436
Lease Purchase - Water 22,500 63,640 63,640 63,640
Lease Purchase - Stormwater UtUlty 242,500 242,500 242,500 242,500
Bond Issue - Stormwater 6,738,000 6,100,000 6,100,000 6,100,000
Parking Bonds 1,500,000 1,500,000 1,000,000 1,000,000
19948 Gas Bond Issues 5,164,000 5,164,000 0 0
INTERNAL SERVICE FUNDS:
Garage Lease/Purchase 3,223,000 3,223,000 3,223,000 2,820,000 -403,000
Admin Svcs Lease/Purchase 70,000 70,000 -99,357 -99,357
TOTAL ALL FUNDING SOURCES: 48,679,750 52,365,328 56,081,199 55,509,578 -571,621
Ordinance # 6445-99
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THIRD QUARTER REVIEW
AMENDED CITY MANAGER'S FISCAL YEAR 1998-99 REPORT
PAGE #
General Fund O'pe:rating Budget.. ........ ........................ ....................... ............ .................... ...... ............ ........ .... ......... ....... 3
Utility Fund Operating Budget ............ ................ ............... .... ..... .... ....... ... ................. ....... ....... .......... .......... .................... 9
Enterprise Funds Operating Budgets... .... ........ .... ........ .......................... ...... ............ ... ........................ ...... ........ .... ..... ..... 14
Internal Service Funds Operating Budgets...... .... ........ .................................. .............. ............. ............ ........... ......... ...... 17
Capital Improvement Pro~ Budget.................... ........................lil..............................................................................21
Special Program Fund Budget ......... .... ............ ................. ....... ........... ............................. ............................. .................. 33
Special Development Fund...... ........ .... .... .... .... .... .... ....................... .lo.. ........... ............. ....... ................ .......... .... ...... ......... 44
Schedule of Administrative Change Orders .... ........ ........ .......... .......... ....................... ........ ............... ............... ........ ...... 46
Ordin.aJ1ces. ........... ......... ....................... ..... I.......... ........ ....... I......... I................... I................ I........... .......................... I.... " 48
Third Quarter budgets were projected in the following manner:
All department expenditure budgets have been established on a month-ta-month basis so that projects identified in the
report are not simply time percentages applied to annual budgets but rather department director's judgment of
month-to-month expenditures. This technique was also used for revenue projections.
The actual and projected data contained in this review represents nine months, October I, 1998 through June 30, 1999.
The adjustments, however, represent all data available at the time of the report, including action taken by the City
Commission after June 30, 1999.
The operating funds infonnation is presented as follows:
Original Budget
The budget as adopted by the City Commission on September 17, 1998.
End of Previous Quarter
Amended Budget
Reflects any adjustment enacted by the City Commission at the prior
quarterly review.
Third Quarter Projections
Monthly budgets submitted by departments are based on prior year
experience and unique circumstances and adjustments approved by City
Commission during First Quarter and Mid Year Reviews.
Third Quarter Actual
Self-explanatory .
Variance
Difference between Third Quarter projected and Third Quarter actual. A
minus sign (-) indicates an over expenditure.
Variance %
% of variance to Third Quarter projection. A minus sign (.) indicates an
over expenditure.
Adjustments
Adjustments which have been approved by the City Commission, made
at the Manager's discretion, andlor adjustments proposed based on mid
year review.
Amended Budget
Adding the End of Previous Quarter Amended Budget and Adjustments.
Amended Budget %
Percentage change of amended budget to original budget
F
Capital Improvement Projects
The amended 1998/99 Capital Improvement Projects budget report is submitted for the City Commission review. This
review provides the opportunity to analyze the status of all active projects and present formal amendments to the project
budget .
The Capitallmprovement and Special Program funds infonnation is presented as follows:
Budget
The budget as of October 1, 1998 which includes budgets from prior
years which have not been completed.
Amendment
Amendments which have been approved by the City Commission, made
at the Managers discretion, and/or adjustments proposed as a result of the
Third Quarter review.
Revised Budget
Adding columns one and two.
Expenditure
Self-explanatory.
Encumbrance
Outstanding contract or purchase order commitment.
Available Balance
Difference between revised budget and expenditure.
Status
C . project is completed
L.P. . project will be fmanced through lease purchase
Amend Ref
Reference number for description of amendment
, , ~ I . _ I'''.,; . jI . . '.... ,.' . . . . ,
Proper1y Taxes
Jfranchi~ Fees
Utility T.a&es
Licenses & Permits
Fines, Forfeitures & Penalties
Use & Sale of City Property
Miscellaneous Revenue
'"'
City of Clearwater
General Fund Revenues
Third Quarter Amendments
FY 1998/99
Increasel
Olecrease)
334,020
(170,000)
(394,250)
218,030
9,550
15,000
12,350
~
Description
By the end of July, basically all property tax
revenues have been received to date. The budget
is adjusted to reflect actual collections for the year.
The budget amendment reflects a decrease in
anticipated revenues from electric franchise fees
based upon collections for the first ten months of
the fiscal year.
The budget amendment reflects a decrease in
anticipated revenues from electric and telephone
fees based upon collections for the first ten months
of the fiscal year.
The 11 % positive variance is most likely a timing
variance in the timing of the collection of
occupational licenses. No amendment is proposed
at third quarter.
The budget amendment reflects an unanticipated
increase in the receipt of court fines and funding
for crossing guards.
The increase of $9,550 is due to anticipated
revenues from insurance proceeds for damage
assessments on transportation devices. The 22 %
negative variance in this category is entirely due to
a timing variance in the posting of quarterly
interest earnings.
Miscellaneous revenues reflect a small increase of
$15,000.
3
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lV26IaG3: 10 PM
GENERAL FUND
REVENUE REVIEW
THIRD QUARTER. October 1,1998 to June 30,1999
FY '"' Pnw Qtr third Third Third QuaMr
Adope.d Am.nded Quarter Quarter Amended
Revenue Source Budget Budgft Projection Actual Vartance % AdJatmt Budget %
Property Taxea 21.242,420 21,242,420 20,704,920 21,052,512 347,592 2% 334,020 21,576,440 2%
Franchise Fees 7.868,000 7,784,690 4,678,701 4,552,441 -126,260 -3% -170,000 7,614,690 -3%
Utility Taxes 15.653,090 15,611,386 10,050,238 9,544,053 -506,185 -5% -394,250 15,217,136 -3%
Licenses and Por 2.813,000 2,813,000 1,469,747 1,638,114 168,367 11% 0 2,813,000 0%
Fines, Forfeiture &
Penalties 1.199,600 1,199,600 819,070 960,412 141,342 17% 218,030 1,417,630 18%
Intergovernmental
Federal 515,500 522.500 208,150 133,248 -74,902 nJe 0 522,500 1%
State 7,983,000 7,950,000 5,258.012 5,191,087 -66,925 -1% 0 7.950,000 0%
County 5,258,840 5,194,340 3,663,358 3.719,863 56,505 2% 0 5,194,340 -1%
Charges for Sarv! 1.535,550 1,535,500 1,031.602 996,394 -35,208 -3% 0 1,535,550 0%
Use and Sale of City
Property and 1.266,760 1,303,820 988,949 774,505 -214,444 -22% 9,550 1,313,370 4%
Miscellaneous Re 182,060 143,000 57,238 82,687 25,449 44% 15,000 158,000 -13%
Interfund Administration
Service Char\] 3.992,370 3.992,370 2,994.282 2,994.300 18 0% 0 3,992,370 0%
Interfund Other Service
Charg" 2,744,600 2.714,600 2.028,462 2,007,645 -20,817 -1% 0 2,714,600 -1%
Interfund Transfer 3,334,330 3,437,640 2,258,681 2,248, n6 -9.905 0% 0 3,437,640 3%
Subtotal, General 75,609,120 75,444,916 56,211,410 55,896,037 -315,373 -1%
12,350 75,451,266 0%
Transfer to Surpl 0 0
o
o
o nla
o
o nJa
Transfer from Sur 1,800,000 2,225.874
o
o
o nla
o
2,225,874 24%
TOTAL.GENER 77,409,120 77,672.790 56.211.410 55,896,037 -315,373 -1%
12,350
77.685,140 0%
.......
4
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city of Clearwater
General Fund Expendlturn
Third Quarter Amendments
FY 1998199
IncreaseJ
~
~ription
Human RelsUJom
20,240
The program amendment reflects the transfer
of funding from the Human Resources Office
transferring an FrE for the implementation of
the Valuing Diversity program.
Human Resources
(20,240)
The program amendment reflects the transfer
of funding to the Human Relations Office
transferring an FTE for the implementation of
the Valuing Diversity program.
Police
The Police Department budget reflects a
positive variance of $938,795, or 5 % at third
quarter. Debt savings and other line item
savings totaling almost $350,000 in the Police
Department provide funds to transfer to the
Special Program Fund to fund the CHIPS
program for one additional year ($100,000),
fund the MSB and Library PST's for one
additional year ($111,060), and provide
matching grants for the COPS MORE grant.
The net budget amendment to the Police
Department program is $0.
Fin
The Fire Department reflects a positive
variance of $254,800, or 3 %. Program
savings of $60,000 from primarily debt
savings within the Fire Department budget
provides funding to establish a capital
improvement project for the renovation of the
lA.F.F. building for administrative offices,
reflecting a net amendment of $0.
5
Parks and Recreation
Public Works Administration
Sailing Center
Non-Departmental
Net Amendment
~._. ~
city of Clearwater
General Fund expenditures
Third Quarter Amendments
FY 1998/99
IncreaseJ
~I'PA~}
9,550
2,800
12,350
~ription
Savings in numerous line items and programs
provide funding of $45,000 for tax assessment
related to the recent Sales tax audit, reflecting
a net amendment of SO.
The Public Work's program reflects
numerous line item adjustments, all of which
are self balancing. The program increase of
$9,550 is due to damage assessments regarding
transportation devices and is offset by a like
increase in anticipated revenues from
il}Surance proceeds.
The 5 % positive variance in the
Transportation and Drainage program is only a
timing variance in the payment of the monthly
utility bill for streetlights.
The budget amendment reflects the cost of a
point-of-sale system for the Sailing Center
Office. Unanticipated revenues from Sailing
Center contract fees provides revenues to
offset this cost.
The net amendment to the Non-Departmental
program is $0.
Operating Expenditures
Contractual services are increased with the
allocation of $6,000 of Vision Funds at Third
Quarter to provide funding for the
6,000 LorelliIMcQueen presentation in June.
Vision Funds
The allocation of Vision Funds at Third
Quarter provides funding for the
(6,000) LorelliIMcQueen presentation in June.
6
GENERAL FUND
EXPENDITURE REVIEW
THIRD QUARTER - October 1, 1998 to June 30,1999
FY lMe Prw Qtr Third ThIrd Amended
Ortglnal Al'Mnded Quarter Quarter Vanance Budget
Pr~ram Budget Budget Projection Actual Amount % Adjustment Amount %
CITY COMMISSION 194.200 194,200 150.465 144,572 5.893 4% 194,200 0%
ADMIHISTRA TlON -
CITY MANAGER 761.730 762,918 600,187 601,134 -947 0% 762,918 0%
ECONOMIC DEVELOPME 564.270 567,270 436.394 378,982 57.412 13% 567,270 1%
HUMAN RELATIONS
Compliance Program 421.100 <421,100 325,985 317,951 8,034 2% 11.540 432,640 3%
C<)mmunity Program 358,2!Xl 368,290 293,730 334,810 ~ 1,080 -14% 8.700 376,990 5%
OFFICE OF TOURISM DE 313,370 313,370 240.768 195,261 45,507 19% 313,370 0%
ORGANIZATIONAL & EM 391,44() 145,540 145.540 135,371 10,169 7% 145,540 -63%
STRATEGIES FOR SUCC 94.150 94.150 57,767 36,383 39% 94,150
PUBLIC COMM & MARKE 1,137,370 1,288,820 1,016,886 855.738 161,148 16% 1.288,820 13%
Sub-total: 3,947,5TO 3,961,458 3,153,640 2,877,014 276,626 9% 20,240 3,981,698 1%
LEGAL 1.190,550 1,190.550 916.179 816,076 100,103 11% 1,190,550 0%
CITY CLERK 790,4480 190,480 611 ,285 603,870 13,415 2% 790,480 0%
FINANCIAL SERVICES
FINANCE 1,471,630 1,471,630 1.157,341 1,114.692 42,649 4% 1,471,630 0%
CITY AUDITOR'S OFFICE 144,710 144,710 111,411 129,049 .17,638 -16% 144,710 0%
OFFICE OF MGMT & BUD 201.370 201,370 153,427 152,610 817 1% 201,370 0%
Sub-total 1,817,710 1,817,710 1.422,179 1,396,351 25,828 2% 0 1,817,710 0%
HUMAN RESOURCES
Administration 242,230 331,450 275,978 259,022 16,956 6% -3,000 328.450 36%
Recruitment & Selection 229,660 268.460 214.681 182,260 32,421 15% .12,240 256,220 12%
Pay & Classification 124,110 173,670 145,101 130,876 14,225 10% 173,670 40%
Emp Relations 200,030 208,350 161,496 166,126 -4,630 _3O~ -5,000 203.350 2%
Sub-total: 796,030 981,930 797,256 738,284 58,972 7% .20,2~ 961,690 21%
POLICE DEPARTMENT
Office of the Chief 1,293,580 1,296.580 1,020,330 993,787 26,543 3% .200 1,296,380 0%
Criminal Investigations 3,841,450 3,916,450 3,053,882 3.127,866 -73,964 -2% -9,300 3,907,150 2%
Patrol 12,137,450 12,247,450 9,561.569 9,374,447 187,122 2% -17,700 12,229,750 1%
Support Services 4.328,550 4,380,550 3.379,011 2.727,497 651,514 19% 49,200 4,429.750 2%
Communications 2.984,220 2,984,220 2,317,242 2,169,642 141,600 6% -22,000 2,962.220 -1%
Sub-total: 24,585,250 24,825,250 19,332,034 18,393,239 938,795 5% o 24,825.250 1%
FIRE DEPARTMENT
Administration 376,980 375,150 289,141 287.947 1,194 0% 375,150 0%
Support Services 1.166,090 1,235,080 953,855 844,133 109,722 12% 51,500 1,286,580 10%
Life Safety Management 505.130 422,380 304,351 305,919 -1,568 -1% 422,380 .16%
Fire Operations 7,034,930 7,052,250 5,715,146 5.651,285 63,861 1% .23.500 7,028,750 0%
Emergency Medical Servic 2,687,320 2,685,590 2,072,311 1,990,712 81,599 4% -28,000 2,657,590 -1%
Sub-total: 11,770,450 11,770,450 9,334,804 9,079,996 254,808 3% o 11,770,450 0%
PLANNING & DEVELOPMENT SERVICeS
Commuunity Response Te 883,590 948,830 738,645 739,065 -420 0% 948.830 7%
Neighborhood & HOUSing S 461,390 461,390 356,574 356,933 -359 0% 461,390 0%
Administration 520,140 625,300 503,758 492,586 11,172 2% 625,300 20%
Planning Services 622,270 624,280 488,865 432,767 56,098 11% 624,280 0%
Building & Inspections 1,020.660 1,059,910 833,656 826,064 7,592 1% 1,059,910 4%
Sub-total: 3,608,650 3,719,710 2,921,498 2,~7,416 74.083 3% 0 3,719,710 6%
7
GENERAL FUND
EXPENDITURE REVIEW
THIRD QUARTER. October 1, 1998 to June 30,1999
FY MIlt Prev Qtr third Third Amended
Original Amended Quarter Quarter Variance Budget
Program Budget Budget Projection Actual Amount % AdJuatment Amount %
Parka & Recreation
Administration 833,310 887,090 692,206 616,196 75,410 11% 51,000 938,090 13%
Recreation Progl'8mmlng 4,028,460 4,183.820 3,185,790 2,965.581 220,203 7% 0 4.183,820 4%
Recreation Facility Malnt 2,652,890 2.604,690 1,981,221 1,889,280 97,947 5% 9.320 2.614,010 -1%
Nursery 1,520,260 1,458,910 1,107,952 1,063,089 44,863 4% -28,500 1.430,410 -6%
Parks Maintenance 2,353,080 2,263,860 1,718,387 1,819,879 -101,492 ..0% -31.820 2.232,040 -5%
Sub-total: 11,388,000 11,398,370 8,691.562 8,354,631 336,931 4% o 11.398,370 0%
Library
Administration 626,100 645,390 498,733 472,046 26,687 5% 645,390 3%
Public Services 1,284,310 1,229,530 1,053,524 1,037,142 16,382 2% 1.229,530 -4%
Technical Services 858,250 873,730 681,154 647,932 33,222 5% 873,730 2%
extension Services 964,140 994,150 777,275 764,459 12,816 2% 994,150 3%
Cooperative Services 667,750 667,750 566,841 557,794 9,047 2% 667,750 0%
Sub-total: 4,400,550 4,410,550 3,577,527 3,479,373 98,154 3% 0 4.410,550 0%
Manno
Pier 60 288,580 288,580 226,320 224,558 1,762 1% 288,580 0%
Sailing Center 135,560 147,760 116,429 105.927 10,502 9% 2,800 150,560 11%
Sub-total: 424.140 436,340 342,74.9 330,485 12.284 4% 2.800 439,140 4%
MARINE/Airpark 6,200 6,200 4,662 1.376 3,286 70% 6,200 0%
PUBLIC WORl<S ADMINISTRA nON
Administration 838,570 891,410 691,169 675,521 15,648 2% -6,400 885,010 6%
Engineering 1,513,580 1,522,510 1,187,291 1,189,241 .1,950 0% 34,150 1,556,660 3%
Transportation & Drainage 4,730,120 4.598.650 3,489,087 3,300,071 189,016 5% -18.200 ",580,450 -3%
Sub-total: 7,082,270 7,012,570 5,367,547 5,164,833 202,714 4% 9,550 7,022,120 -1%
NON..oEPARTMENTAL 5,507,070 5,157,022 3,923,177 3,969,o.ro -45,883 -1% 6,157,022 -6%
TOTAL-GENERAL FUND 77,409,120 77,672,790 60,552,564 58,196,555 2,356,009 <1% 12,350 n,685,l40 0%
8
Water & Sewer Fund
Revenues:
Expenditures:
Gas Fund
Revenues :
Expenditures:
Solid Waste Fund
Revenues:
Increase!
O>ecrea~)
(174,270)
(302,690)
8.175
City of Clearwater
Utility Fund Operations
Third Quarter Amendments
FY 1998/99
Description
At third quarter, Water & Sewer Fund revenues
~xceed anticipated expenditures by approximately
$655,300 for FY 1998/99.
Water and Sewer Fund revenues are in line with
anticipated receipts at third quarter. The 58 %
negative variance in Other Revenues only reflects a
timing variance in the posting of anticipated
quarterly interest earnings.
No amendments are proposed for the Water and
Sewer Fund programs. Program expenditures are
approximately as anticipated at third quarter.
At third quarter, Ga'\ Fund revenues exceed
anticipated expenditures by approximately
$431,730 for 1998/99.
The budget decrease to Gas Fund revenues
primarily reflects reduced fuel sales as a result of
the unusually warm winter.
The budget decrease to Gas Fund expenditures
primarily reflects reduced fuel purchases as a result
of the unusually warm winter.
At third quarter, Solid Waste Fund revenues equal
anticipated expenditures for FY 1998/99.
Solid Waste Fund revenues are in line with
anticipated receipts at third quarter. The 16 %
negative variance in Other Revenues only reflects a
timing variance in the posting of anticipated
quarterly interest earnings. The budget increase of
$8,175 reflects the appropriation of retained
earnings to the Capital Improvement project for the
S1. Petersburg Times property purchase to provide
funding for environmental testing.
9
City of Clearwater
Utility Fund Operations
Third Quarter Amendments
FY 1998/99
Increasel
(Decrease)
DescrlptlQQ
Expenditures:
8,175
Budget amendments reflect savings in salary
savings and savings in dump fees in the Collection
and Container Maintenance programs offsetting
several line item adjustments for pit repairs and
telephone expenses at third quarter. The budget
increase of $8,175 reflects the transfer of funds to
the Capital Improvement project for the St.
Petersburg Times property purchase to provide
funding for environmental testing.
Revenues:
20,000
At third quarter, Stormwater Fund revenues equal
anticipated expenditure~ for FY 1998/99.
Budget amendments to Stormwater revenues at
third quarter reflect the appropriation of $20,000 of
retained earnings to offset the unanticipated
$20,000 FDEP penalty noted below.
Budget amendments at third quarter reflect an
increase of $20,000 for unanticipated expenditures
related to an FDEP penalty. The program increase
is offset by the appropriation of retained earnings
of the Stormwater Fund to cover the expenditure.
Stormwater Fund
Expenditures
20,000
Revenues:
(18,910)
At third quarter. Recyclin~ Fund revenues equal
a.nticipated expenditures for IT 1998/99.
Third Quarter adjustments to Recycling Fund
revenue reflect a decrease of $35,000 in the sales of
recycleables, an increase of $10,000 in interest
income, and the transfer of $6,090 of recycling
grant proceeds to the related capital improvement
project, for a net decrease to anticipated revenues
of $18,910 at third quarter.
Recycling Fund
10
. '. ... , ' I,", ' ' . . . ,1 w , ~
.._.# .4'>" ~.t~ "1."'~~ .'"........"......__ .. ~.... :,,. ".,:, '.' i'''',' ..: ~ ',', " .-' .,
Expenditures
. Increasel
(Decrease)
(18,910)
city of Clearwater
Utility Fund Opentions
Third Quarter Amendments
FY 1998199
Description
At third quarter, transfers to the capital
improvement project for planned vehicle
replacements is reduced by $33,200 offsetting the
decrease in fund revenues as well as an increase in
operating expenditures of $8,200 for the payment
of sales tax due to the recent State audit and the
transfer of $6,090 of recycling grant proceeds to
the capital improvement fund, resulting in a net
decrease in fund expenditures of$18,910.
11
. " f'" . ~. " \' \\ \ .. ; to : ,I. , . , . ' , ' . " .
UTILITY FUNDS
REVENUE REVIEW
THIRD QUARTER - October 1,1998 to June 30,1999
FY 98/it Prey Qtr Third Third
Adopted Amended Quarter Quarter 3rd Qtr Amended
Budget Budget Projection Actual Variance % Adjustment Budget %
WATER AND SEWER FUND
Operating Revenue
Water Revenue 15,965,000 17,000,000 13,008,753 12,613,501 -395,252 -3% 0 17,000,000 6%
Sewer Revenue 16,070,000 16,070,000 11,989,503 12,100,508 111,005 1% 0 16,070,000 0%
Reclaimed Water 175,000 112,000 131,247 102,888 -28,359 -22% 0 112.000 -36%
Total Operating Revenue 32,210,000 33,182,000 25,129,503 24,816,897 -312,606 -1% 0 33,182,000 3%
Other Operating 1,350,000 1,290,000 952,500 899,335 -53,165 -6% 0 1,290,000 -4%
Other Revenue 2,941.430 2,609,730 1,879,133 784,161 -1,094,972 -58% 0 2,609,730 .11%
Other (Non-Revenue)
Financing Sources 11,829,740 11,904,740 142,500 440,554 298,054 209% 0 11,904,740 1%
Total, Water and Sewer Fund 48,331,170 48,986,470 28,103,636 26,940,947 -1,162,689 -4% 0 48,986.470 1%
GAS FUND
Operating Revenue 16,244,600 15,366,920 12,093,850 11,870,870 -222,980 -2% -211,450 15,155,470 -7%
Other Operating 2,009,400 2,352,620 1,927,130 1,775,540 .151,590 -8% 86,450 2,439,070 21%
Other Revenue 1,780,940 1,902,780 1,476,626 1,280,387 -196,239 -13% -69,270 1,833,510 3%
Other (Non-Revenue)
Financing Sources 1,143,130 1,143,130 0 0 0 nla 20,000 1,163.130 2%
Total, Gas Fund 21,178,070 20,765,450 15,497,606 14,926,797 -570,809 -4% -174,270 20,591,180 -3%
SOUD WASTE FUND
Operating Revenue 13,422,000 13,525,000 10,188,247 10,144,780 -43,467 0% 0 13,525.000 1'~
Other Operating 94,000 84,000 60,497 58,639 -1,858 -3% 0 84.000 -11%
Other Revenue 331,000 451,030 368,286 310,802 -57,484 -16% 0 451,030 36%
Other (Non-Revenue)
Financing Sources 0 193,150 0 0 0 nla 8,175 201.325 nla
Total, Solid Waste Fund 13,847,000 14,253,180 10,617,030 10,514,221 -102,809 -1% 8,175 1<4,261.355 3%
STORMWATER FUND
Operating Revenue 4.600,000 4,500,000 3,349,997 3,387,913 37,916 1% 0 4,500,000 -2%
Other Revenue 145,000 25.000 17,500 91,754 74,254 424% 0 25,000 -83%
Other (Non-Revenue)
Financing Sources 0 519,249 0 0 0 nla 20,000 539,249 0%
Total, Stonnwater Fund 4,745,000 5,~,249 3,367,497 3,479,667 112,170 3% 20,000 5,064,249 7%
RECYCLING FUND
Operating Revenue 1,391,100 1,416,050 1,068,275 1,056,954 -11,321 -1% 0 1,416,050 2%
Other Operating 879,900 757,890 537,940 525, n2 -12,168 -2% -25,000 732,890 -17%
Other Revenue 0 27,670 0 0 0 6,090 33,760
Total, Recycling Fund 2,271,000 2,201,610 . 1,606,215 1,582,726 -23,489 -1% -18,910 2,182,700 -40/.
TOTAL. UTILITY FUNDS 90,372,240 91,250,959 59,191,984 57,444,358 -1,741,626 -3% -165,005 91,085,954 1%
-
12
" . \ ./ 1 ' , . , , . ' ".. ' I. . I. ,,' .. " . . f ,~ . . , . ~ \ ,
UTlUTY FUNDS
EXPENDITURE REVIEW
THIRD QUARTER - October 1, 1998 - June 30, 1999
FY98191 PrevQtr Third Third
Adopted Amended Quarter Quarter Amended
Program Budget Budget Projection Actual Variance % Adjustment Budget %
WATER & SEWER FUND
Sanitary Sewers 4,494.280 4.460,750 3,896,210 3.979.234 -83,024 -2% 0 4.460,750 -1%
Water Division 18,158.700 18.166.700 14,289,704 14.226,327 63,3n 0% 0 18,166,700 0%
Water Pollution Control 18,618.320 18,643,850 16,087,434 15,558,921 528.513 3% 0 18,643.&50 0%
Non-Departmental 7,059,870 7,059.870 5,294.907 4,792,283 502,624 9% 0 7.059,870 0%
TOTAL WATER & SEWER FUN 48,331,170 48,331,170 39,568,255 38,556,765 1,011,490 3% 0 48,331,170 0%
GAS FUND
Administration & Supply 13.288,255 13,105,420 10,169,864 9.184,933 984.931 10% .385.650 12,719.nO -4%
South Area Operations 4,075,170 3.956,530 3.274,408 3,241.212 33,196 1% -9,560 3,946,970 -3%
North Area Operations 1 ,405.330 1,593,700 1.205,547 1,230,713 54,834 4% -30,140 1,563.560 11%
Gas Marketing & Sales 1,716,nO 1.806,490 1.392,384 1,455,239 -62,855 -5% 122,660 1.929.150 12%
TOTAL GAS FUND: 20,485,525 20,462,140 16,122,203 15,112,091 1.010,106 6% .302,690 20,159,450 -2%
SOLID WASTE FUND
Administration 1,099,380 1,376,580 1,130.337 1.035,748 94,589 8% 10,175 1.386,755 26%
Collection 11 ,586,830 11,495,330 8,760,556 8.440,234 320,322 4% -10.000 11,485.330 -1%
Transfer 921.870 946,870 751,197 753,853 -2,656 0% 13.000 959.870 4%
Container Maintenance 413,710 434.400 338,540 306,471 32,069 9% -5,000 429,400 4%
TOTAL SaUD WASTE FUND: 14,021,790 14,253,180 10,980,630 10,536,306 44',324 4% 8,176 14,261,355 2%
STORMWATER UTILITY FUND
Stormwater Produdlon 208.500 232.815 189,065 191,807 -2.742 -1% 20,000 252,815 21%
Stormwater Utility 3.133.390 4,462,164 3,735,224 3,508,858 226,366 6% 0 4.462,164 42%
Stormwater PD & E 419,670 349,270 246,393 182,076 64,317 26% 0 349,270 -17%
TOTAL STORMWA TER UT1L F 3,761,560 5,044,249 4,170,682 3,882,141 287,941 7% 20,000 5,064,249 35%
RECYCLING FUND
Residential Program 1.024.590 1,032,580 840,294 782,541 57,753 7% -18,910 1,013,670 -1%
Multi-Family Program 511,780 4n,45O 373,480 369,669 3.811 1% 0 477,450 -7%
Commercial Program 729,570 691.580 554,128 553,621 507 0% 0 691,580 -5%
TOTAL RECYCLING FUND: 2,265,940 2,201,610 1,767,902 1,705,831 62,011 4% -18,910 2,182,700 -4%
TOTAL, UTILITY FUNDS
88,865,985 90,292,349 72,609,672 69,793,140 2.815.932 4%.
-293,426 89,998,924
1%
13
. I '.. i . ~ . " l ~ I'" , '. \ ...' . "'. ':," ,..,... ~ ,<. .. / .' :'. 4." I: I. -
, ': I , ' "1 I t, . , 'I' ,'.,' '" ". '"'" , " ~ ,,'.,',,' ,.>,~ '-''1.1".'
Marll)e Fund
Revenues:
Expenditures:
Increasel
(l>ecrease)
45,000
25,000
City of Clearwater
Other Enterprise Funds
Third Quarter Amendments
FY 1998/99
Description
At third quarter, anticipated revenues of the
Marina Fund exceed anticipated e~enditure.s..
by $108,190 for FY 1998/99.
Revenue amendments reflect an increase of
$45,000 in gas and oil sales due to seasonal
weather.
Expenditure amendments reflect an increase
of $25.000 in inventory purchases for resales
which is offset by increases in sales noted
above.
Parking Fund
Revenues :
Expenditures:
Parking Fund receipts are in line with
program expenditures at third qua..-rer. The
13 % negative variance in Other Revenues only
reflects a timing variance in the posting of
anticipated quarterly interest earnings.
No amendments are proposed to Parking
Fund expenditures at third quarter.
Harborview Fund
Revenues :
Expenditures:
Fund revenues reflect an $80,000 increase in
anticipated revenues from food and beverage
sales. This increase will offset the necessary
contribution from the General Fund by a like
amount. The net effect of the amendments to
revenue is $0.
No amendments are proposed to the
Harborview Fund expenditures at third
quarter.
14
1 , .,. . j 1 ',,; } I . 1 f... " .1 '\t' 't t " ., . . , " ~' 'I \ , '.
PARKING FUND
Operating Revonues
Parking Receipts 2,546,460 2,486,500 1,937.185 1,882,034 -55,151 -3% 0 2,486,500 -2%
other Revenues 282,860 342,820 256,349 224,012 -32,337 -13% 0 342,820 21%
other (Non-Revenue)
Financing Sources 163,960 163,960 0 0 0 0 163,960 OOh
Total, PARKING 2,993,280 2,993,280 2,193,534 2,106,046 -87,488 -4% 0 2,993,280 0%
HARSORVlEW CENTER FUND
Operating Revenues
Total, HARBORVlEW CENTER
2,064,700 2,165,340 1,614.450 1,747,886 133,436 8%
2,064,700 2,165,340 1,614.450 1,747,886 133,436 8%
o 2,165,340 5%
o 2,165,340 5%
Total, ENTERPRISE FUNDS
7,192,750 7,322,133 5,417,770 5,637,158 219,388 4%
45,000 7,387,133 2%
15
. ,. " I " . t".. .~, , " " ,..' . '.. ,
I " - ~ ",. I ~ ., ." .' . I . . '. ~ t
ENTERPRISE FUNDS
EXPENDITURE REVIEW
THIRD QUARTER.. October 1 t 1998 to June 30, 1999
Program
FY tM8
Original
Budget
Third
Quarter
Projection
Third
Quarter
Actual
Variance
Amended
% AdJulbnent Budget %
Prey au
.'mended
Budget
MARINE FUND:
MARINE DEPARTMENT -
Marina Operations
1.619,332 1.648,893
2,075.323
.29,561 -2%
2,000,110
25.000 2.100,323 5%
PARKING FUND:
PUBLIC WORKS ADM-
Par1<lng System 2,524,410 2,524.410 1.990,328 1.749,652 240,676 12% 2,524,410 0%
MARINE DEPARTMENT.
Beach Guard Operations 468.870 468.870 344,675 346,664 -1,989 -1% 468,870 0%
TOTAl: 2,993.280 2,993,280 2,335,003 2.096,316 238,687 10% 0 2,993.280 0%
HARBORVlEW CENTER FUND:
Harborvlew etr Operations
2,165.340
1,634,165 1,642,257
-8,092 0%
2.064,700
2.165,340 5%
TOTAL, ENTERPRISE FUND
1,233,943
5,588,500 5,387,466
201,034 4%
25,000 7,258,943 3%
7,058,090
16
.... , !. ,.... ~ , . .' . '. ' . . . ' ",' ... .., .... !,
Increase/
O>e~ease)
GeneJ:a1 ServiceS
Revenues:
Expenditures:
City of Clearwater
Third Quarter Amendments
Internal Service Funds
FY 1998/99
Description
At third quarter, anticipated General Service
Fund revenues ~qual anticipated expenditl1reL
for FY 1998L22...
General Services Fund revenues are
approximately as anticipated. No amendments
are proposed at third quarter.
Actual General Services Fund expenditures
are within anticipated expenditure projections.
No amendments are proposed at third quarter.
AdministrJltive Services
Revenues:
Expenditures:
297,600
297,600
At third quarter, anticipated Admini~trative
Service Fund revenues equal anticipated
expenditures for FY 1998/99.
Administrative Services Fund revenues and
expenditures reflect the appropriation of
$297,600 of retained earnings for the Oxford
consulting engagement for the Peoplesoft
upgrades as approved by the Commission on
June 17, 1999.
Garage Fund
Revenues:
Expenditures:
At third qJ.1arter, anticipated Garage Fund
revenues equal anticipated expenditures for FY
1998/9.2.-
Garage Fund revenues are approximately as
anticipated. No amendments are proposed at
third quarter.
Actual Garage Fund expenditures are within
anticipated expenditure projections. No
amendments are proposed at third quarter.
17
.' . h . . . , , . .' . /' . : l ...., ' ", . " '.~' ~ '.',' , ,," . .
'..: .. ~. . '~ ~'" .." -'. . .'~ t, c" .
City of Clearwater
Third Quarter Amendments
Internal Service Funds
FY 1998/99
Central Insurance
Revenues:
Expenditures:
At third quarter, anticipated Central
Insurance Fund revenues exceed anticipated
expenditures by $1,023.810 for FY 1998/9~.
No amendments at third quarter.
18
.1'~
..,'4- . .. I >J~.. .', ',' ... .
FY 98199
Original
Budget
PrevQtr
Amended
Budget
Third
Quarter
Projection
Third
Quarter
Actual
INTERNAL SERVICE FUNDS
REVENUE REVIEW
THIRD QUARTER - October 1,1998 to June 30, 1999
Variance
Amended
% Adjustment Budget
%
General Services
2,759.690 2,781,190 1.994,566 2,030,129 35,563 2%
o 2,781,190 1%
Administrative Services
7,025.300 7,017,620 5.062,426 4,983,356 -79,070 -2%
297,600 7,315,220 4%
Garage Fund
8,256.290 8,345,450 6.132,238 6,233,593 101,355 2%
o 8,345,450 1%
Central Insurance
10,766.320 10.693,334 8.044,778 7.511,058 -533,720 -7%
o 10,693,334 -1%
TOTAL, INTERNAL
SERVICE FUNDS
28,807,600 28,837,594 21,234,008 20,758,136 -475,872 -2%
297,600 29,135,194 1%
19
INTERNAL SERVICE FUNDS
EXPENDITURE REVIEW
THIRD QUARTER - October 1, 1998 to June 30, 1999
Program
FY 98/89
Original
Budget
PrevQtr
Amended
Budget
Third
Quarter
Projection
Third
Quarter
Actual Variance
%
Amended
Adjustment Budget
'h
GENERAL SERVICES FUND:
GENERALSUPPORTSERVCES.
Administration 260,450 219,410 159,693 166,191 -6,504 4% 0 219,410 -16%
Building & Maintenance 2,499,240 2,561,780 2,000,362 1,755,138 245,224 12% 0 2,561,780 3%
Total, Genenl Service Fund 2,759,690 2,781,190 2,160,055 1,921,336 238,720 11% 0 2,781,190 1%
ADMINISTRATIVE SERVICES FUND:
GENERAL SUPPORT SERVICES -
Information Technology 3,712,620 3,712,620 3,055,905 3,112,106 -56,201 .2% 297,600 4,010,220 8%
PUBLIC COMM & Ml\RKET -
Graphic Communications 356,850 356,850 2"4,065 211,086 62,979 23% 0 356,850 0%
FINANCE -
Purchasing 224,670 224,670 172,078 162,085 9,993 6% 0 224,670 0%
GAS SYSTEM
Clearwater Customer SeN 2,723,480 2,723,480 2,094,386 1,812,309 282,077 13% 0 2,123,480 0%
Total, Administrative SVC8 Fund 7,017,620 7,017,620 5,596,434 5,297,586 298,8.c8 5% 297,600 7,315,220 4%
GARAGE FUND:
GENERAL SUPPORT SERVICES -
Fleet Maintenance 7,590,550 7,590,550 5,771,550 5,288,650 482,900 8% 0 7,590,550 0%
Radio Communications 408,600 754,900 658,128 475,545 182,583 28% 0 754,900 85%
Total, Ga!"8ge Fund 7,999,150 8,345,450 6,429,678 5,764,196 665.483 100h 0 8,346,450 4%
CENTRAL INSURANCE FUND:
FINANCE -
. Risk Management 344,390 356,370 277,494 253,191 24,303 9% 0 356,370 3%
HUMAN RESOURCES -
Employee Benefits 146,890 169,890 167,548 104,793 62,755 37% 0 169,890 16%
NON-DEPARTMENTAL 9.216,230 9,143,244 5,822,012 4,911,755 910,251 16% 0 9,143,244 -1%
Tota!, Central Insurance 9,707,510 9,669,504 6,267,054 5,269,139 997,315 16% 0 9,669,604 0%
TOTAL,
INTERNAL SERVICE FUNDS
27,483,970 27,813,764 20,453,221 18,252,865 2,200,366 11.h
297,600 28,111,3~ 2%
-.
20
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Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Third Quarter Summary
FY 1998-99
I,
1
i
The amended 1998-99 Capital Improvement Program budget report is submitted for the City Commission's third
quarter review. The net proposed amendment is a budget decrease of $246.621. This review provides the
opportunity to examine the status of aU active projects and present formal amendments to the project budgets.
Fiscally significant budget increases encompassed within this review are as follows:
The following Capital Improvement Budget increases have not been previously approved by the Commission.
PUBLIC SAFETY:
Alternative Funding Study: A budget increase of $20,253 of General Fund revenues representing the
transfer of revenue remaining in 181-99955, EMS Transport Consultant, which is being closed.
TRANSPORTATION:
Major Intersection Improvements A budget increase of $3,000 representing a donation from the
Clearwater Beach Association for the Acacia Roundabout.
LEISURE:
St. Pete Times Property Purchase: A budget increase of $8.175 of solid waste revenues representing the
transfer of operating savings to fund environmental testing on the property.
Skate Park Facilities: A budget increase of $74,000 of Recreation Facility Impact Fees to provide
additional funding for construction of a facility at 5t Pete Junior College.
UTILlTIFS:
Recycling Grant: A budget increase of $6,090 of recycling revenues to reflect the actual amount of
recycling grant revenues received.
The following Capital Improvement Budget increases have been previously approved by the Commission.
Downtown Redevelopment
Enterprise Network PC Software Upgrade
Project
Bude:et
82,239
40,564
Commission
Approval
8/16/99
6/17/99
21
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CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 1998/99
I ncreasel
Amendment Project (decrease) Transfer Net Budget
Number Number Amount Amount Description Amendment
1 315-91223 Pollutant Storage Tank Remov-Fire Sta #6
Transfers to provide funding for emergency repair
and retrofit of Fueling Facility as approved 9/2/99
(50,000.00) Gen Fd rev to 94761, Pollut Stor Tk Remov/Repl-Gen
(10,000.00) Garage rev to 94761 (60,000.00)
2 315-91226 Vehicular Support - CLOSE
(261.00) * decrease lease purchase funding to
Close this project which is complete (261.00)
3 315-91228 Alternative Funding Study
20,253.25 Gen Fd rev from the closing of 181-99955,
EMS Transport Consultant 20,253.25
4 315-91229 Replace & Upgrade Airpacks
224,000.00 Gen Fd rev fr 92262, SR 60 Corridor Beaut,
to establish new project to replace fire dept
airpacks 224,000.00
5 315-92141 Drew Street Widening
550,000.00 local option gas tax from 92262 to fund
design modifications needed to reduce the
project limits to extend from Saturn Ave to
Northeast Coachman only, as approved by the
Commission on 8/19/99 550,000.00
6 315-92262 SR 60 Corridor Beautification
change scope to delete median monuments
and coloring and sidewalk coloring due to
FOOT permit restraints and use related
funding savings as follows:
(550,000.00) gas tax to 92141, Drew St. Widening
(224,000.00) Gen Fd rev to establish 91229, to replace
& upgrade airpacks of Fire Dept
(134,860.00) Gen Fd rev to 94510, Air Conditioner
Replacement - Citywide to replace units
in various locations (908,860.00)
7 315-92555 Major Intersection Improvements
3,000.00 ." donation from Clearwater Beach Assoc
for the Acacia Roundabout 3,000.00
22
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CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 1998/99
Increase/
Amendment Project (decrease) Transfer Net Bur:tget
Number Number Amount Amount Description Amendment
8 315-92816 N Greenwood Business Area - CLOSE
(4,000.00) PFP rev to 93219, Cherry Harris Park to
provide parking for the park and close proj (4,000.00)
9 315-93126 Atrium Land Acquisition - CLOSE
(6,988.89) PFP rev to 93316, 8ayfront Park Renov
to return funding and close completed proj (6,988.89)
10 315-93127 St. Pete Times Property Purchase
8,175.25 solid waste rev representing operating
savings to provide funding for environmental
testing needed for the purchase, but not
included in the original project scope 8,175.25
11 315-93206 Skate Park Facilities
74,000.00 Rec Facility Impact Fees
25,000.00 PFP fr 93212, Recreation Trails to provide
funding for construction 99,000.00
12 315-93212 Recreation Trails
(25,000.00) PFP to 93219, Cherry Harris Park, for park
development and change title from
Recreation Path
(25,000.00) PFP to 93206, Skate Park Facilities
(105,000.00) PFP to 93223, McMuln Tennis Court Ren (155,000.00)
13 315-93217 Countryside HS Ballfield Restrooms - CLOSE
close completed project
14 315-93218 Cultural/Social Rec Center - CLOSE
(25,000.00) PFP to 93296. Aquatics Park & Pool
25,000.00 Gen Fd from 93296 to change the type of
funding and close the project 0.00
15 315-93219 Cherry Harris Park
provide additional funding as follows for park
renovations including parking, lighting,
shelters, restrooms, etc.
4,000.00 PFP fr 92816, N Greenwood Business Area
25,000.00 PFP fr 93212, Recreation Trails
10,000.00 Gen Fd fr 93285, JR Stadium Struc Repair 39,000.00
23
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CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 1998/99
Increase/
Amendment Project (decrease) Transfer Net Budget
Number Number Amount Amount Description Amendment
16 315.93221 Citywide P&R Master Plan
(75,000.00) PFP to 93296, Aquatics Park & Pool
75,000.00 Gen Fd from 93296 to change the type of
funding in the project 0.00
17 315.93223 McMullen Tennis Complex Court Renov
105,000.00 PFP fr 93212, Recreation Trails, to
fund construction of 8 clay courts 105,000.00
18 315-93285 Jack Russell Stadium Structural Repairs
(10,000.00) PFP to 93219, Cherry Harris Park, for park
development (10,000.00)
19 315-93296 Clwtr Beach Aquatics Park & Pool
change the type of funding as follows
25,000.00 PFP fr 93218, Cultural/Social Recr Center
(25,000.00) Gen Fd to 93218
75,000.00 PFP fr 93221, Citywide P&R Master Plan
(75,000.00) Gen Fd to 93221 0.00
20 315-93316 Bayfront Park Renovation
6,988.89 PFP rev from 93126, Atrium Land Acquis,
to return unused funding 6,988.89
21 315-93523 New Main Library
1,572.04 * interest earnings on donated trust reserve 1,572.04
22 315-93524 Library Computers
50.00 * lip funding approved by Commission on
6/17/99 50.00
23 315-94510 Air Conditioner Replacement - City Wide
134,860.00 Gen Fd rev fr 92262, SR 60 Corridor Beaut 134,860.00
24 315-94515 Radio Replacement Program
(403,000.00) * decr UP funding for FY99 to the level of
expected replacements (403,000.00)
25 315-94602 Mun Services/Public Safety & Police
(66,480.00) Gen Fd rev to 94607 to establish project for
Downtown Bluff Development,as approved by
Commission on 8/19/99 (66,480.00)
24
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CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 1998/99
Increase/
Amendment Project (decrease) Transfer Net Budget
Number Number Amount Amount Description Amendment
26 315-94607 Downtown Bluff Development
66,480.00 Gen Fd from 94602 to establish new project
for downtown bluff development and fund
consultant approved by commission 8/19/99 66,480.00
27 315-94714 Downtown Redevelopment
82,239.00 * eRA rev representing transfer of year end
cash balance as approved by eRA 8/16/99 82,239.00
28 315-94717 Harborview Center - CLOSE
(20.146.37) Spec Dev Fd rev returned to fund to close
completed project (20,146.37)
29 315-94759 Ent Network PC Software Upgrade-CLOSE
40,564.00 Admin Svcs rev representing operating
savings of Software Applications for purchase
of hard drives, memory and software as
approved by Commission on 6/17/99
389.41 Admin Svcs rev representing operating
savings of Software Applications to close
completed project 40,953.41
30 315-94761 Pollutant Storage Tank Remov/Repl-General
Transfers to provide funding for emergency repair
and retrofit of Fueling Facility as approved 9/2/99
50,000.00 PFP from 91223, Poll Stor Tank Remov-Fire Sta#6
10,000.00 Garage rev from 91223 60,000.00
31 315-94767 Public Works Complex Remodel - CLOSE
1,609.11 sewer rev fr 96665, Sanitary Sewer R&R
1,609.11 water rev fr 96363, Gas Inventory Control.
to provide additional funding and close proj 3,218.22
32 315-96363 Gas Inventory Control/Fin Rept Sys - CLOSE
(53,977.95) gas rev to 96374, Line Relocation-Pinellas
(1,609.11 ) water rev to 94767, PW Complex Remod
(2,125.84 ) Return water rev to W&S Fund to close
completed project (57,712.90)
33 315-96374 Line Relocation-Pinellas Capitalized
53,977.95 gas rev from 96363, Gas Inventory Control 53,977.95
25
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CAP IT AL IMPROVEMENT FUND
Third Quarter Amendments
FY 1 998/99
Increase/
Amendment Project (decrease) Transfer Net Budget
Number Number Amount Amount Description Amendment
34 315-96519 Utility Rate Study - CLOSE
(3,348.82) gas rev to Gas Fund
(592.66) water rev to W&S Water Distribution
(592.66) sewer rev to W&S 'Nastewater Collection
to return revenue to funds and close proj (4,534.14)
35 315-96654 Facilities Upgrade & Improvements
174,444.55 sewer rev fr 96659, Compactor
23,903.31 sewer rev fr 96661, East A\Nf Fac Sea Wall,
to close the completed projects 198,347.86
36 315-96659 Compactor - CLOSE
(174,444.55) sewer rev to 96654, Facilities Upgrade &
Improvements, to close completed project (174,444.55)
37 315-96661 East AWT Facility Sea Wall- CLOSE
(23,903.31) sewer rev to 96654, Facilities Upgrade &
Improvements, to close completed project (23,903.31 )
38 315-96665 Sanitary Sewer R&R
(1,609.11) sewer rev to 94767, PW Complex Remod (1,609.11 )
39 315-96677 Case Backhoe for Wastewater - CLOSE
(17,436.35) decr lip funding to close completed project (17,436.35)
40 315-96805 Recycling Grant
6,090.00 recycling rev to reflect actual amount of
recycling grant revenues received 6,090.00
41 315-96806 Recycling Equipment Replacement
(35,450.00) return recycling rev to fund to provide
additional operating funding (35,450.00)
(246,620.75) (0.00) Totals (246.620.75)
26
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CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1,1998 to June 30, 1999
Actual Expenditures
Budget Amended Revised Project Open Avallablo Amend
Description 10/1/98 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref
PUBLIC SAFETY
Police Protection
91127 Police Computer Network 3,339.305 3,339.305 3.339.305 2,414,634 798.309 126,361
91134 Beach Dist Substa Renov 250,000 250,000 250,000 0 0 250,000
91137 Radio Comm Tower Link 285,000 186,400 186,400 186,400 0 0 C
91138 Countryside Sub expansion 325,000 423,600 423,600 15,375 323,173 85,052
91139 S Greenwood Neigh Patrol 75,000 75,000 75,000 0 0 75,000
Sub-Total 4,274,305 4,274,305 0 4,274,305 2,616,410 1,121,482 536,413
Fire Protection
91213 Fire Apparatus Refurbish 290,500 318,787 318,787 134,854 0 183.933
91218 Fire Engine Replacement 1,066,965 1,968,905 1,968,905 334,965 1,633,940 0
91220 Emergency Operations Ctr 101,016 101,016 101,016 98,874 0 2,142
91221 EMS Capital Equipment 641,300 653,655 653,655 349,665 303,990 0
91223 Pol Stor Tk Rem-Fire Sta#6 100,000 100,000 -60,000 40,000 23,215 0 16,785 1
91224 Vehicle Lift System 35,000 35,000 35,000 35,000 0 0 C
91225 Safety Village Classroom 42,000 42,000 42,000 0 0 42,000
91226 Vehicular Support 95,500 95,500 -261 95,239 19,036 76,203 0 C 2
91227 Fire Admin Computerization 25,500 25,500 25,500 13.429 20 12,051
91228 Alternative Funding Study 0 72,986 20.253 93,240 0 45,650 47,590 3
91129 Replace & Upgrade Airpacks 0 0 224,000 224,000 0 0 224,000 4
Sub-Total 2,397,781 3,413,349 183,992 3,597,341 1,009,038 2,059,803 528,501
TRANSPORTATION
New Streot Construction
92140 Highland Avenue Widening 5,611,157 5,611,157 5,611,157 5,544,018 0 67,139
92141 Drew Street Widening 2,050,000 2,050,000 550,000 2,600,000 1,829,238 11,843 758,919 5
92145 Landmark Dr Extension 1,002,502 1,002,502 1,002,502 725,952 14,565 261,985
92146 Druid Rd Improvements 1,750,000 1,750,000 1,750,000 146,353 49,365 1,554,282
92147 Beach Streetscapes 92,303 92,303 92,303 38 0 92,265
92148 Gateway to the Beach 0 10,000,000 10,000,000 1,721,747 6,632,041 1,646,212
Sub-Total 10,505,962 20,505,962 550,000 21,055,962 9,967.345 6,707,814 4,380,803
Major Street Maintenance
92258 Paving Unpaved Streets 366,186 366,186 366,186 197.830 0 168,356
92259 Traffic Calming 250,000 250,000 250,000 44,134 21,241 184,625
92260 Street Resurfacing 4,869,983 4,869,983 4,869,983 2,801,942 1,217,606 850.436
92262 SR 60 Corridor Beaut 5,199,500 5,204,782 -908,860 4,295,922 324,300 173,402 3,798,220 6
Sub-Total 10,685.669 10,690,951 -908,860 9,782,091 3,368,206 1,412,249 5.001,636
Sidewalks and Bike Trail
92337 Civic Ctr/Marina Crosswalk 100,000 100,000 100,000 0 0 100,000
92338 Sidewalks 1,265,073 1,265,073 1,265,073 994,620 309,196 -38,742
Sub-Total 1,365,073 1,365,073 0 1,365.073 994,620 309,196 61,258
Intersections
92551 City-Wide Intersection Imprvmt 611,778 611,778 611,778 384,786 11 226.981
92552 Signal Renovation 501,148 501,148 501,148 372,075 7,455 121,618
92553 New Signal Installation 550,188 550,188 550,188 229,848 0 320,340
92555 Major Intersection Improv 2,070,915 2,070,915 3,000 2,073,915 1,329,956 42,812 701,147 7
Sub-Total 3,734,029 3,734,029 3,000 3.737,029 2,316,666 50,278 1,370,085
27
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CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 1998 to June 30, 1999
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/98 PrevQtr Amdmts Budget To Date Encumbr Balance Status Ref
Parking
92630 Parking Lol Resurfacing 729,023 729,023 729,023 329,906 255 398,862
92632 Pkng Garage Structure Rpr 844,732 344,732 344,732 77,307 0 267,425
92634 Downtown Parking Facility 1,700,000 1,700,000 1 ,700,000 0 0 1,700,000
92635 Rev Control Equip Sys Upgr 150,000 0 0 0 0 0 C
92636 Parking Lot Improvement 110,000 260,000 260,000 16,377 4,115 239,508
Sub-T~tal 3,533,755 3,033,755 0 3,033,755 423,589 4,370 2,605,796
Miscellaneous Engineering
92816 N Greenwood Business Area 300,000 242,427 -4,000 238,427 238.427 0 0 C 8
92820 Memorial Causeway Br Repl 4,900,768 4.900,768 4,900,768 2,010.241 2,891,116 -589
92822 Miscellaneous Engineering 189,689 189,689 189,689 58,255 12.909 118,525
92824 Eng Field Office Tech Upgr 0 28,000 28,000 0 0 28,000
5,390,457 5,360,884 -4,000 5,356,884 2,306,922 2,904,025 145,937
LEtSURE
Land Acquisition
93126 Atrium Land Acquisition 489,270 475,270 -6,989 468,281 468,281 0 0 C 9
93127 St. Pete limes Prop Purch 0 232,150 8,175 240,325 240,325 0 0 C 10
93128 Ray Green Pari( expansion 0 111,500 111,500 105,416 858 5,226
489,270 818,920 1,186 820,106 814,022 858 5,226
Park Development
93204 Concrete Sidewalk & Pad 75,000 63,000 63,000 44.072 0 18,928
93206 Skate Park Facilities 101,000 101,000 99,000 200,000 0 0 200,000 11
93208 Softball Complex Dev 976,099 976,099 976,099 711,549 218,876 45,675
93209 DelOra Pari( Renovtns 40,000 39,909 39,909 39,909 0 0 C
93212 Recreation Trails 650,000 650,000 -155,000 495,000 235,642 198,926 60,432 12
93213 Grandstand & Bleacher 75,000 75,000 75,000 23.556 48,075 3,369
93216 Ross Norton Park 100,000 99,520 99,520 99,520 0 0 C
93211 Ctyside HS Ballfld Restroom 40,000 40,000 0 40,000 40,000 0 0 C 13
93218 CulturaVSocial Rec Ctr 50,000 25,000 0 25,000 25,000 0 0 C 14
93219 Chell)' Harris Park 337,649 549,902 39,000 588,902 75,583 439.524 73,795 15
93220 Pinellas Trail Amenities 67,000 48,000 48,000 7.487 0 40.513
93221 Citywide paR Master Plan 50,000 75,000 0 75,000 0 0 75,000 16
93222 Northeast Coachman Park 25,000 0 0 0 0 0 C
93223 McM Tns Comp Court Renov 195,000 195,000 105,000 300,000 0 0 300,000 17
93224 Stale Street Park 25,000 0 0 0 0 0 C
93225 Swim Pool Renovations 100.000 100,000 100,000 96,328 0 3.673
93226 Rec Portable Stage 85,000 84,865 84,865 84,865 0 0 C
93227 Disc Golf Course Renov 25,000 25,000 25,000 14,509 0 10.491
93228 Island Estates Playground 50,000 50,000 50,000 1,250 26,476 22,274
93229 Tennis Court Resurfacing 195,357 195,357 195,357 160,947 26,208 8,203
93230 Playground Equip RepUNew 481,530 481,530 481,530 473,753 0 7.777
93249 New Pari(ing Lots 60,248 60,248 60.248 20,248 0 40,000
93262 Fencing Replacemt Program 209.555 209,555 209,555 183,434 0 26,121
93269 Light Replacement 724,176 654,176 654,176 599,419 63 54,694
93285 J Russell Stdm Struc Repairs 762,191 762,191 -10.000 752,191 740,130 3,468 8,593 18
93286 Parking Lot Resurfacing 157,000 157,000 157,000 77.561 0 79.439
93288 Big Pier 60 Park 1,598.788 1,569,746 1,569,746 1,569,746 0 0 C
93295 Lake Chautauqua Park 642,889 603,781 603,781 503,235 12,180 88,366
93296 C Beach Aquatics Pk &Pool 575.000 847,000 0 847,000 59.364 504 787,132 19
Sub-Tolal 8,473,482 8,737,879 78,000 8,815,879 5,887,106 974,298 1,954,475
28
,"
. ,
;';.{:~':i'>'{';:"':~):'!\';'~L,:",j;'::", .\>.."..{2J/t"',Q'+,;}'::i':',:::,;x~~:,;>~;:~ ,/\~,s':'X";"~':
.' . ~, . ' " , " ';", (. '. , .'" ..... .,' , " . I .
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1,1998 to June 30, 1999
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/98 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref
LEISURE (CONTINUED)
Beautification
93316 Bayfront Par1< Renovations 135,655 135,655 6,989 142,644 31,746 805 110,092 20
93321 Gulf to Bay Beautification 40,000 34,718 34,718 34,718 0 0 C
Sub-Total 175,655 170,373 6,989 177,362 66,465 805 110,092
Marine Facilities
93413 UliIities/Svcs Replace 295.411 295,411 295,411 280,434 0 14,977
93429 Dock Replacement & Repair 158,740 158,740 158.740 142,504 0 16.236
93436 Waterway Maintenance 138,941 138.941 138,941 122,487 0 16.454
93443 Seminole St Boatramp Drdgng 290,615 290,615 290,615 267,786 200 22,630
93470 Brldge1Docks/Seawalls-R&R 829,054 974,020 974,020 421,805 202,386 349,829
93487 Fishing Piers 356,031 356.031 356,031 194,047 2,153 159.831
93490 Fuel System R&R 15,000 15,000 15.000 9,260 0 5.740
93492 Pier 60 Maintenance 34,540 21,540 21,540 6,013 0 15.527
93493 Marina Restroom Renov 64,075 64.075 64.075 63,978 0 97
Sub-Total 2.182,407 2,314,373 0 2,314.313 1,508,314 204,138 601,321
Libraries
93521 BooksIMat'ls Collection 1,802,645 1,802.645 1,802,645 1,3'14,097 90,159 398,388
93523 New Main Library 1.700,000 1,708,057 1,572 1,709,629 0 178,000 1,531,629 21
93524 Library Computers 50,000 50,000 50 50,050 0 50,050 0 22
Sub-Total 3,552,645 3,560,702 1,622 3,562,324 1,314,097 318,209 1,930,017
GARAGE
94210 Motor Pool Refurbishment 431,167 431,167 431,167 12,342 6,031 412,794
94220 Fuel Site Enhancement 207,656 207,856 207,856 200,388 0 7,468
94222 Motorized Equip -Cash 925,080 925.080 925.080 564,028 24,154 336.897
94223 Garage/Bldg&Mainl Tech Up 434,187 434,187 434.187 144,799 117,499 171,889
94227 Motorized Equip - UP 6.535,134 6,535.134 6,535,134 4,180,266 983,712 1,371.156
Sub-Total 8,533,424 8,533,424 0 8,533,424 5,101,823 1,131,397 2,300,205
BUILDING MAINTENANCE
94510 Air Cond Replace-City Wide 584,413 585,320 134,860 720.180 403,230 0 316,950 23
94512 Roof Repairs 423,903 423,903 423,903 357,963 0 65,939
94514 Roof Replacements 407,925 407,925 407,925 195,365 12,964 199,596
94515 Radio Replacement Program 835,330 835,330 -403,000 432,330 375,933 0 56,397 24
Sub-Total 2,251,571 2,252,478 -268,140 1,984,338 1,332,491 12,964 638,882
GENERAL PUBLIC BUILDINGS & EQUIPMENT
94602 Mun Svcs/P Safety & Police 21,557,333 21,557,333 -66,480 21,490,853 21,257,393 0 233,460 25
4607 Downtown Bluff Dev 0 0 66,480 66,480 0 0 66,480 26
Sub-Total 21,557,333 21,557,333 0 21,557,333 21,257,393 0 299,940
MISCELLANEOUS
94702 ADA Transition Plan 658,743 658,743 658,743 585,650 0 73,093
94703 Network Equipment Upgrade 0 30,000 30,000 0 29,818 182
94705 Alpha Comp-Hr Fin/Payroll 195,000 193,159 193,159 193,159 0 0 C
94707 Oce Lie/Code Enfl Permitting 328,009 328,009 328,009 293,966 20.580 13.463
94711 Sand Key Power Line 1 ,400,000 1,400,000 1.400,000 1,153,287 0 246,713
94713 Airpark Master Plan 947,885 947,885 947,885 583,203 279,865 84,817
94714 Downtown Redevelopment 972,455 982,465 82,239 1,064,704 960.329 0 104,375 27
94717 Harborview Center 11,674,360 11,674,360 -20,146 11,654,214 11,654.213 0 0 C 28
94722 PayrolUHuman Resource Sys 385,000 385,934 385,934 347,284 3,300 35,350
94727 Beach Redev Project Plan 100,000 100,000 100,000 75,287 0 24,713
94729 City-wide Connect Infra 170,000 170,000 170.000 0 0 170,000
94734 Harborview Center F F & E 618,951 618,951 618,951 610,416 237 8,299
94736 Geographic Information 300,000 275,000 29 275,000 153,689 118 121,193
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 1998 to June 30, 1999
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/98 Prey Qtr Amdmts Budget To Date Encumbr Balance Status Ref
MISCELLANEOUS (continued)
94737 Inform SVC5 UPS System 45.000 45.000 45,000 0 0 45,000
94738 Telephone System Replac 1,358.812 1,358.812 1,358,812 1,092,667 105,000 161,145
94741 Auto Time Recording Sys 125,000 125,000 125,000 0 0 125,000
94745 District Parking Plan 477.860 477,860 477,860 84,049 850 392,961
94749 Enterprise Network-Phs II 812,110 661,759 661,759 661,759 0 0 C
94751 Color Copier & Digital 85,000 61,000 61,000 61,000 0 0 C
9475~ Centralized Rcn:tsllmg 338.224 338,224 338,224 33,705 8,485 296,034
94756 Is Est Underground Utilities 9.000 9,000 9,000 0 9,000 0
94757 UtiI Billing/Cust Info Sys 1,573.270 1,573,270 1,573,270 913,175 341,764 318,331
94759 Ent Netwk PC Software Up 180,000 180,000 40,953 220,953 20,049 200,905 0 29
94760 Affordable Housing Infra 87.440 87,440 87,440 84,307 11,616 -8,483
94761 Poll Stor Tank RemlRepl-GF 185,384 185,384 60,000 245,384 5,870 9,217 230,298 30
94762 Economic Dev Studies 150,000 150,000 150,000 99,533 123 50,344
94763 Code Review & Rewrite 234,450 234,450 234,450 234,450 0 0 C
94764 City Newsletter 130,000 125,024 125,024 125,024 0 0 C
94765 IMR Development 1,541.788 1,541.788 1,541,788 894,013 134,125 513,650
94766 Engineering Computer Upgr 40.000 40,000 40,000 36,076 0 3,924
94767 PW Complex Remtxleling 80,000 80,000 3,218 83,218 83,218 0 C 31
94768 300 Gallon Maintainer Truck 90.000 90,000 90,000 0 49,578 40,422
94769 Pier 60 Visitors Center 40.000 40,000 40,000 975 0 39,025
94770 Ent Inter/Intranet Web Serv 45.000 44,994 44,994 44,994 0 0 C
94771 Clwtr Marine Aquarium 50.000 50,000 50,000 21,322 28,678 0
Sub--Total 25,428,741 25,263,511 166,264 25,429,776 21,106,670 1,233,257 3,089,849
UnUTlES
Stormwater Utility
96102 Stevenson's Crt< Improv 5,617,692 5,617,692 5,617,692 5,448,881 21,689 147,121
96103 Stmwtr Quality Imprv/Prop 2,368.885 2,379.350 2,379,350 2,297,078 76,798 5,474
96105 Habitat Restor/lmprovemts 272.884 272,884 272,884 266,800 6,324 -239
96109 Downtown Lake 223,000 223,000 223,000 186.603 0 36,397
96111 Groundwater Quality Pr 650,000 650,000 650,000 277,523 14,142 358,335
96115 Storg Tank Remv-Annex 553,000 529,934 529,934 529,934 0 0 C
96118 Storm Drainage R & R 1,061.089 1,061,089 1,061,089 942,105 20,914 98,070
96119 Allen's Ck Wtrshd Rehab 1,872,218 1,872,218 1,872,218 1,562,517 307,968 1,733
96120 Alligator Ck Implementation 1,250,000 1,250,000 1,250,000 567,895 165,581 516,524
96121 Cooper's Pt Restoration 280.821 280,821 280,821 122.298 1,150 157,373
96122 Utility Rate Study Projects 6,738.000 1,815,000 1,815,000 0 0 1,815,000
96123 Long Reach Trackhoe Exc 220.000 220,000 220,000 0 193,750 26,250
96124 Storm Pipe System Improv 0 950.000 950,000 394.439 40,506 515,055
96125 Town Pond 0 2,300,000 2,300,000 167,873 578,716 1,553,411
96126 Stev Ck Watershed Plan 0 200,000 200,000 0 0 200,000
96127 N Grwd Stmwtr Retrofit 0 160,000 160,000 5,050 0 154,950
96128 Allen's Ck Gabion 0 1,300,000 1,300,000 10.951 7,544 1,281,505
96129 Stev Ck Estuary Restor 0 250,000 250,000 1,750 0 248,250
96130 NPDES 0 349,000 349,000 26,772 72.900 249,328
96131 En! Rd Cross Channel B 0 75,000 75,000 0 0 75,000
Sub-Total 21,107,589 21,755,987 0 21,755,987 12,808,468 1,507,980 7,439,539
Water System
96707 Main Construction 522,064 522.064 522,064 236,689 0 285,375
96721 System R & R-Maintenance 615,149 615.149 615,149 540,684 0 74,465
96739 Reclaimed Water Dist 11,492,294 12,353,145 12,353,145 6,521,400 1,136,397 4,695,348
96740 Water SupplylTreatment 2,991,089 2,991,089 2,991.089 511,143 12,477 2,467.469
96741 System R & R-Capitalized 3,320,514 3,320,514 3,320,514 1,247,086 0 2,073,428
96742 Line Relocation-Capitalized 3,194,310 3,194,310 3,194,310 989,754 300,126 1,904.430
30
" . . " I ". ...... r ' '" . : ' - "\ ..", ~ "~.~ ' t:. .,' i ... ..'\ ., ~, .., \,' . . 'i ;, ~ "!" \.~ '. .'j . .
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1,1998 to June 30,1999
Actual Expondituros
Budget Amended Revised Project Open Available Amend
Description 10/1/98 Prey Qtr Amdmts Budget To Date Encumbr Balance Status Ref
UT1L1nES (contlnuod)
Water System (continued)
96743 Mtr Bkflow Prey Dev/Chang 475,273 475,273 475,273 353,102 0 122,171
96744 System Expansion 458.770 458.770 458,770 323,518 0 135,252
96745 Reclaimed Water Vehicles 0 41,140 41,140 0 40.203 937
Sub-Total 23,069,463 23,971,454 0 23,971,454 10,723,376 1,489,203 11,758,875
Sewer System
96630 Sanitary Sewer Ext 752,439 752,439 752,439 359,214 0 393,225
96634 San Util Reloc Accomodation 2.966,439 2,966,439 2,966,439 623,157 31,304 2,311,979
96645 Laboratory Upgrade & R&R 435,000 435,000 435,000 192,342 23.023 219,636
96652 Morton Plant Pump Station 1,170,000 1,170,000 1,170,000 600 0 1,169,400
96654 Facilities Upgrade & Improv 777,018 777,018 198,348 975,366 198,253 6,325 770,788 35
96655 WPC Pre-Treatment Prog 210,712 210,712 :l10,712 191,206 17,840 1,666
96656 Laboratory Buildiong 1,375,000 1,375,000 1,375,000 32,000 48,000 1,295,000
96658 Chlorine Hndlg/NE A..'./t 1,390,000 1,390,000 1.390,000 24,500 100 1,365,400
96659 Compactor 55,000 55,000 -23,903 31,097 31,097 0 0 C 36
96661 East AWT Fac Sea Wall 420,000 420,000 -174,445 245,555 245,555 0 0 C 37
96662 Digester CLNAlMarshall 225,000 225,000 225,000 0 0 225,000
96664 WPC R & R 1,381,189 1,381,189 1,381,189 861,031 109,285 410,873
96665 Sanitary Sewer R&R 7.793,274 7,793,274 -1,609 7.791,665 2,074,875 686,344 5,030,445 38
96667 Upgrade G-395 to Vac Con 91,500 80,770 80,770 80,770 0 0 C
96668 Portable Generator 28,900 18,900 18,900 18,900 0 0 C
96670 Poll Stor Tk Remov-WPC 103,000 103,000 103,000 98,072 9,447 -4,519
96671 Rotary Screen Sludge Thick 710,000 710,000 710,000 4,450 149,312 556,238
96672 NE AM Carousel 1.000,000 1.000.000 1,000,000 5,410 564,090 430,500
96673 Holding/Storage Building 747,000 747,000 747,000 0 0 747.000
96674 NE - Aerated Sludge Hold Tk 1.848,000 134,000 134,000 0 0 134,000
96675 Five Yard Dump Truck 38,000 38,000 38,000 0 0 38,000
96616 Telemetry Sys for Lift Sta 35,000 35,000 35,000 0 31 ,460 3,540
96617 Case Backhoe for Wstwtr 60,000 60,000 -17,436 42,564 42,564 0 0 C 39
96678 RDP.Lime Dust & Odor Cont 0 322,000 322,000 0 0 322,000
96679 NE-Blower & Building 0 135,000 135,000 0 0 135.000
96680 NE-Influenl Screen Compact 0 170,000 170,000 0 0 170,000
96681 NE-Control Bldg Gr FI Remod 0 157,000 157,000 0 0 157,000
96682 MS-Aerated Sludge Hold Tk 0 930,000 930,000 0 0 930.000
Sub-Total 23,612,471 23,591,741 .19,045 23,572,696 5,083,995 1,676,530 16,812,170
Gas System
96310 Pin Ph III Gas Mains & Svc 1.314,230 2.314,230 2,314,230 1,819.676 . 397,987 96.567
96311 Pin Ph III Gas Improvements 370,000 370,000 370,000 96,684 32,025 241.291
96312 Pinellas Ph III Relocation 790,000 790,000 790,000 -1"1,733 208,048 599.685
96313 Pin Ph III Land. Bldg & Equip 1.000,000 1.000,000 1.000,000 53,304 ~ f)S8 942.737
96314 Pasco Ph II Gas Maint & Svc 3,730,000 2.730,000 2,730,000 942.211 220,062 1,567,727
96315 Pasco Ph \I Land. Bldg &Eq 520,000 520,000 520,000 48,093 50 471,857
96358 Environmental Remediation 687,335 687,335 687,335 420.075 67,078 200.182
96363 Gas Inv ControUFin Report Sys 98,142 98,142 -57,713 40,429 40,429 0 0 C 32
96364 System R&R-Capitalized 825,362 825,362 825,362 0 0 825.362
96365 line Relocation-Pinel! Mainl 216,089 216,089 216,089 0 0 216,089
96366 System R&R.Pinellas Maint 358,687 358,687 358,687 197.266 0 161,421
9.6367 Gas Meter Change Out-Pin 120,000 120,000 120,000 0 0 120.000
96369 Pasco Expansion 2,428,000 0 0 0 0 0
96374 Line Relocation-Pin Capit 1.838,139 1.838,139 53,978 1,892,117 996 10,696 1,880,425 33
96375 Pinel/as Expansion 2,736,000 0 0 0 0 0
Sub-Total 17,031,984 11,867,984 -3,735 11,864,249 3,601,002 939,904 7,323,344
31
. . '. fl ,\f". ,,' '...'
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 1998 to June 30, 1999
Actual Expenditures
Budget Amended Revised Project Opon Available Amend
Description 10/1/98 PrevQtr Amdmts Budget To Date Encumbr Balance Status Ref
UTILITIES (continued)
Solid Waste
96424 Mini Transfer Station 272.279 222,279 222,279 139,516 0 82,763
96426 Facility R & R 781,752 831,752 831,752 738,309 11,745 81.697
96427 Residential Container Acq 1,603,996 1.768,996 1,768,996 1,623,552 96,158 49,286
96429 Commercial Container Acq 2,478,708 2.513,708 2,513,708 2,170,088 215,196 128,424
96438 RolI-off Cont Hauling 315,000 315,000 315,000 176,150 0 136.850
96439 Container Screening Pro 450,000 450,000 450,000 6,378 0 443,623
96440 Improvements to SW Complx 157.497 157,497 157,497 11,654 0 145,843
96441 Special Solid Waste Service 50,000 50,000 50,000 1,475 0 48,525
Sub-Total 6,309,232 6,309,232 0 6,309,232 4,867,122 323,099 1,119,011
Utility Miscellaneous
96516 Citywide Aerial Photo 122,447 122,447 122,447 117,488 222 4.737
96519 Utility Rate Study 119.700 119,700 -4534 115,166 115,166 0 0 C 34
96520 Is Estates Reclaimed Wtr 395.700 395,749 395,749 395,749 0 0 C
Sub-Total 637,847 637,896 -4,534 633,362 628,404 222 4,737
Recycling
96801 Recycling Vehicles 332.640 332,640 332,640 161,200 0 151.440
96802 Recycl Bldg/Process Ramp 310.000 310,000 310,000 149,685 0 160,315
96804 Recycling Carts/Dumpsters 456.925 456,925 456,925 208,167 17,680 231.078
96805 Recycling Grant 715.189 715,189 6,090 721,279 295,806 12,702 412,770 40
96806 Recycling Equip Replac 706.000 688,000 -35,450 652,550 0 0 652,550 41
Sub.Total 2,522.754 2,502,754 -29,360 2.473,394 834,858 30,382 1,608,154
208,822,898 216,224,348 -246,621 215,977,728 119,938,40a 24,413,063 71,626,265
-
32
. J ' , ~ j i' ',I .. , ',' I ' " . ': . t J' . , , . , ' .. J /,' '. "
Special Program Fund
3rd Qtr Budget Amendments
October 1, 1998 - June 30, 1999
Amdmt
Number
Project
Number
'ncreasel
(Decrease) Transfer
Amount
Amount Description
Net Budget
Amendment
1
99135
0.00
Downtown Survey Grant - Close program which is
complete.
0.00
Planning programs
Totals:
0.00
0.00
0.00
2
99313
111,060.00
PST's MSB Sa Library 2000 . record a budget
transfer of $111,060.00 from the general fund to
establish a program to account for the PST's at the
Library and the MSB building for year 2000.
111,060.00
Police Education Fines- record a budget increase of
$8,210.00 in Police Education Fines to match
3 90317 8,210.00 budgeted revenues with actual revenues received. 8,210.00
VOCA Grant - record a budget increase of
$36,121.00 representing award received from State
4 99318 36,121.00 of Florida under 1999-2000 Victims of Crime Act. 36,121.00
5
99319
175,000.00
Weed & Seed 2000 . record a budget increase of
$175,000.00 representing award received from US
Dept. of Justice.
175,000.00
6
99329
2,486.24
Investigative Recovery Costs - record a budget
increase of $2,486.24 in Court Forfeiture Proceeds
to match budgeted revenues with actual revenues
received.
2,486.24
7
99330
65,577.29
Florida Contraband Forfeiture. record a budget
increase of $65,577.29 in Court Proceeds to match
budgeted revenues with actual revenues received.
65,577.29
Officer Friendly Program - record a budget
decrease of $500.00 in Donations to match budgeted
8 99332 (500.00) revenues with actual revenues received. (500.00)
Bicycle Jamboree - record a budget increase of
$500.00 in Donations to match budgeted revenues
9 99333. 500.00 with actual revenues received. 500.00
33
,.
.. _.'. ..... .. ~ ~'. ..,',.. , \ . .' - ~. ..' , . ...,. \ < .. ~ ,
IncreaseJ
Amdmt Project (Decrease) Transfer Net Budget
Number Number Amount Amount Description Amendment
LLEBG Year 3 - record budget Increase of 34,250.00
from the General Fund representing required
10 99347 34,250.00 matching funds. 34,250.00
South Greenwood Neighborhood Patrol - Close
11 99366 0.00 program which is complete. 0.00
COPS Phase 1 Year 1 - Close program which is
12 99367 0.00 complete. 0.00
13
99368
(3,693.03)
Florida Motor Vehicle Theft Prevention '96 - record
a budget decrease of $3,693.03 in State of Florida
grant funds and close program which is complete.
(3,693.03)
14
99370
0.00
North Greenwood Neighborhood Patrol Kids Club
close program which is complete.
0.00
Intergeneratlonal Grant - Record a budget decrease
of $1.842.09 in Juvenile Welfare Board grant funds
15 99372 (1,842.09) and close program which is complete. (1,842.09)
Year 2 South Greenwood r"eighborhood Patrol -
Record a budget decrease of $36,706.11 in State of
Florida grant funds and close program which is
16 99373 (36,706.11) complete. (36,706.11)
Urban Partnership Grant - record a budget
decrease of $5.399.73 and close program which is
17 99374 (5,399.73) complete. (5,399.73)
COPS Universal Grant - record a budget increase of
$20,159.24 representing required matching funds
from the general fund. Also record a budget transfer
18 99375 20,159.24 from the following programs: 20,159.24
2.394.00 99378 - $2,394.00 2,394.00
75,534.26 99382 - $75,534.26 75,534.26
2,654.03 99396 - $2,654.03 2,654.03
380.66 99399 - $380.66 380.66
34
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, '. , ", :""'.' ' t,,' 1 " '!'.' i ' r '" ., I ...' . ,'''' t I. " ' . ~. ',t ' '.
Increasel
Amdmt Project (Decrease) Transfer Net Budget
Number Number Amount Amount Description Amendment
Geographic Infonnation Systems - record a budget
decrease of $13,324.62 in grant funds and close
19 99376 (13,324.62) program which is complete. (13,324.62)
LLEBG Year 1 - record a budget transfer of
$2,394.00 to program 181-99375 to meet matching
requirements and close the project which is now
20 99378 (2,394.00) complete. (2,394.00)
Florida Motor Vehicle Theft Prevention 96/97 -
record a budget decrease of $11,303.78 in State of
Florida grant funds, transfer surplus funds of $2.00 to
program 181-99384 and close program which is
21 99379 (11,301.78) (2.00) complete. (11,303.78)
Clearwater DUJ Enforcement - Record a budget
decrease of $525.09 in State of Florida grant funds
22 99380 (525.09) and close program which is complete. (525.09)
Clearwater Pedestrian Safety & Enforcement -
Record a budget decrease of $7,475.51 in State of
Florida grant funds and close program which is
23 99381 (7,475.51) complete. (7,475.51)
HUD Drug Elimination/Homer Villas - record a
budget transfer of $75,534.26 to program 181-99375
24 99382 (75,534.26) to meet matching requirements (75,534.26)
Weed & Seed '97 - record a budget decrease of
$18,907.67 in Dept. of Justice grant funds, transfer
surplus funds of $.92 to program 181-99384 and
25 99383 (18,906.75) (0.92) close program which is complete. (18,907.67)
26
99384
(6,508.56)
2.92
Weed & Seed Enforcement - Record a budget
decrease of $6,505.64 in grant funds, transfer $2.00
from program 181-99379, $.92 from program 181-
99383 and $.26 in general fund revenues.
(6,505.64)
27
99388
22,897.02
Weed & Seed FY '98 - record a budget increase of
$22,897.02 representing required matching funds
from the general fund.
22,897.02
35
, .' , '..' .':. f .. !' \Y . I ~ '.. " . . ," . ," '".; ,
Increasel
Amdmt Project (Decrease) Transfer Net Budget
Num bar Number Amount Amount Description Amendment
Florida Motor Vehicle Theft Prevention '98 - record
a budget decrease of $1 ,367.11 in State of Florida
grant funds, transfer $9.36 from the general fund and
28 99389 (1,367.11) close program which is complete. (1,367.11)
Weed & Seed Asset Forfeiture - record budget
increase of 6,560.30 from the General Fund
29 99392 6,560.30 representing required matching funds. 6,560.30
COPS MORE '98 - record a budget increase of
$167,533.01 representing required matching funds
30 9t}393 167,533.01 from the general fund. 167,533.01
Geographic Info Systems '98 - record a budget
transfer of $2,654.03 to program 181-99375 to meet
31 99396 (2,654.03) matching requirements (2,654.03)
LLEBG Year 2 - record budget increase of 28,302.43
from the General Fund representing required
32 99398 28,302.43 matching funds. 28,302.43
GIS Enhancement '98 - record a budget transfer of
$380.66 to program 181-99375 to meet matching
33 99399 (380.66) requirements (380.66)
Public Safety Programs
Totals: 571,106.15
0.00
571,106.15
34
Code Enforcement '91 . Reverse Mid Year 1999
Budget transfer of $6,970.87 in remaining funds to
program 181-99650 (Code Enforcement '98), grant
6,970.87 funds cannot be transferred to non-grant program.
6,970.87
99430
35
Code Enforcement '98 - Reverse Mid Year 1999
Budget transfer of $6,970.87 from 181-99430, Also
reverse Mid Year 1999 Budget transfer of $6,970.87
to the General fund. HUD grant funds cannot be
6,970.87 (6,970.87) transferred into non-grant program.
0.00
99650
Community Development Programs
Totals: 6,970.87
0.00
6,970.87
36
, . { ,t'" . , ,~,',:' ~ . I ' \,' ,; 't j, ",., . ,: ~, :.' \ ,', '.\:.... .
Amdmt
Number
Increasel
(Decrease)
Amount
Amount Description
Affordable Housing Impact Fee - record a budget
decrease of $26,716.91 in rental fees to match
budgeted revenues with actual revenues received.
(26,715.91)
Project
Number
Transfer
Net Budget
Amendment
36
99538
(26,715.91)
37
EEOC Charge Resolutioll1995 - record a budget
decrease of $36.845.50 in grant funds to match
budgeted revenues with actual revenues received
and close program which is complete.
(36,845.50)
99555
(36.845.50)
Social Service Programs
Totals: (63,561.41)
0.00
(63,561.41 )
38
Extrication '99 - record a budget increase of
$2,267.00 in sales to match budgeted revenues with
actual revenues received.
2,267.00
99902
2,267.00
39
Frog Reissue Program - record a budget increase of
$56.70 in Sales to match budgeted revenues with
actual revenues received.
56.70
99903
56.70
40
Police Outside Duty - record a budget increase of
$1,548.25 in Contractual Service fees to match
budgeted revenues with actual revenues received.
1.548.25
99908
1,548.25
41
Library Special Account - record a budget increase
of $19,395.90 in Donations to match budgeted
revenues with actual revenues received.
19,395.90
99910
19.395.90
Reengineerin9 Training - close program which is
42 99916 0.00 complete. 0.00
Waste Tire Grant - record a budget increase of
$10,452.00 recognizing grant revenues received from
the State of Florida Dept. of Environmental
43 99919 10,452.00 Protection. 10,452.00
Internship Program - close program which is
44 99923 0.00 complete. 0.00
City Hall Technology - close program which is
45 99924 0.00 complete. 0.00
37
Amdmt
Number
46
47
48
49
50
51
52
53
54
55
56
;:,.
-:~..t
", "I" , ., , ,','. ,.' , . ~. '. '. . \. '. ' " 4" I :. I ,,",' .' . . -, "'~ ' ......, ,'O . I _ -, .
Project
Number
99929
99931
99934
99935
99937
99938
99941
99948
99955
99958
99960
Increasel
(Decrease) Transfer
Amount
0.00
6,268.68
0.00
0.00
0.00
100,000.00
1,735.42
94,720.4 7
(20,523.25)
286,775.00
168,779.98
Amount Description
Nagano Olympics - close program which is
complete.
Folk Art Festival - record a budget increase of
$6,268.68 in Donations to match budgeted revenues
with actual revenues received.
Special Team Equipment - close program which is
complete.
Camera - close program which is complete.
Water Rescue Board - close program which is
complete.
Homeless Shelter - record a budget increase of
$100,000.00 in general fund revenue.
Moccasin Lake Nature Park - record a budget
increase 0($619.50 in Sales and $1,115.92 in
Donations to match budgeted revenues with actual
revenues received
Transforming Local Government - record a budget
increase of $94,635.47 in donations and $85.00 in
sales to match budgeted revenues with actual
revenues received.
EMS Transport Consultant - record a budget
decrease of $20,523.25 in general fund revenues,
close program which is complete, and transfer
surplus general funds to CIP program 315-91228.
Hurricane Georges - record a budget increase of
$286,775.00 representing reimbursement of funds
from FEMA for cost incurred in preparation of
Hurricane Georges arrival.
NCAA Concerts - record a budget increase of
$168,779.98 in Donations to match budgeted
revenues with actual revenues received.
38
Net Budget
Amendment
0.00
6,268.68
0.00
0.00
0.00
100,000.00
1,735.42
94,720.47
(20,523.25)
286,775.00
168,779.98
\ '" ' 'I ,..: ,". .',' f ":. , .' ., . ' ' , .~,,'... ,~. ':, ,', ... "!"" _ "
Increasel
Amdmt Project (Decrease) Transfer Net Budget
Number Number Amount Amount Description Amendment
Parks & Rec Gift Giving - record a budget increase
of $494.96 in sales and $6,043.36 In donations to
match budgeted revenues with actual revenues
57 99962 6,538.32 received. 6,538.32
58
99965
41,250.00
JWB/Martin Luther King - record a budget increase
of $41 ,250.00 representing grant funding received
from the Juvenile Welfare Board.
41,250.00
59
99967
10,406.00
JWB/Kings Highway - record a budget increase of
$10,406.00 representing grant funding received from
the Juvenile Welfare Board.
10,406.00
60
99969
7,630.00
JWB/Natlonal Guard Armory - record a budget
increase of $7,630.00 representing grant funding
received from the Juvenile Welfare Board.
7,630.00
61
99970
9,660.00
Tree Replacement Project -Record a bUdget
increase of $9,660.00 in Court Forfeiture Proceeds to
match budgeted revenues with actual revenues.
9,660.00
62
99983
20,000.00
Local Mitigation Strategy - record a budget increase
of $20,000.00 in FEMA funds to match budgeted
revenues with actual revenues received.
20,000.00
63
99984
10,807.43
Forest Fire Support - record a budget increase of
$10,807.43 recognizing grant funds received from the
State of Florida.
10,807.43
Miscellaneous Programs
Total: 777,767.90
0.00
777,767.90
IGrand
Totals: 1,292,284
o
I
1,292,284
39
.,~ "
.,
~... . ' '.' ,~. ,....~;. h~,.... u">, ,...,.. ...\oJ 'J' '.;'1 ..' . ' t' 'to . ......; -:''. ,,' '...:.' ~ .~ t. a.', ': I. ,'"'' " " ',,\,'
CIlY OF CLEARWATER
SPECIAL PROGRAM STATUS SUMMARY
THIRD QUARTER REVIEW: October 1,1998 to June 30, 1999
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/98 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
PLANNING PROGRAMS
99125 Hazard Mitigation FEMA 0 56,540 56,540 0 56,540
99128 Countywide Consistency Grant 43,050 43,050 43,050 32,910 500 9,640
99130 Mapping Services - PPC 3,000 3,000 3,000 1,002 1,998
99135 Downtown Survey Grant 25,000 25,000 25,000 25,000 0 C 1
99136 Sustainable Challenge 7,000 7,000 7,000 0 7,000
78,050 134,590 0 134,590 58,912 500 75,178
PUBLIC SAFETY PROGRAMS
99313 psrs MSB & Library 2000 0 0 111,060 111,060 111,060 2
99314 Suncoast Clean Cities 0 14,990 14,990 7,881 7,109
99317 Police Education Fund 649,296 670,390 8,210 678,600 627,122 51,478 3
99318 VOCA Grant 0 0 36,121 36,121 36,121 4
99319 Weed & Seed 2000 0 0 175,000 175,000 175,000 5
99320 Victim Assistance Program 197 197 197 41 156
99325 Citizen's Police Academy 18,500 18,500 18,500 15,083 3,417
99329 Investigative Recovery Costs 274,851 287,522 2,486 290,009 165,760 124,249 6
99330 FL Contraband Forfeiture Fnd 166,918 303,782 65,577 369,359 259,106 110,253 7
99331 Law Enforcement Trust Fd '91 1,551,870 1,451,870 1,451,870 1,416,967 1,853 33,050
99332 Officer Friendly Program 65,870 72,645 -500 72,145 49,579 9,041 13,525 8
99333 Bicycle Jamboree 9,096 11 ,446 500 11,946 11,095 851 9
99340 Clearwater OUI Enforcement '99 0 85,038 85,038 70,618 1,500 12,920
99341 Clearwater Pedestrian Safety '99 0 45,868 45,868 37,649 8,219
99342 Stop Aggressive Driving '99 0 142,550 142,550 97,194 4,567 40,789
99343 Tobacco Enforcement '99 0 27,646 27,646 0 27,646
99346 Geographic Info Systems '99 0 148,224 148,224 54,061 94,163
99347 LLEBG Year 3 0 351,932 34,250 386,182 101,639 23,443 261,100 10
99349 Weed & Seed Asset Forfeiture '99 100,000 100,000 100,000 36,973 15,235 47,792
99356 Greenwood/Gardens Youth Prog 152,542 142,395 142,395 83,798 58,597
99361 Pub Hsg Drug Elimination 224,904 224,904 224,904 215,690 9,214
99363 OUI Equipment Fund 7,500 9,000 9,000 8,531 469
99364 Crime Prevention Program 630 630 630 556 74
99365 N-1TSA School Bus Passing Gran 40,000 50,000 50,000 31,244 18,756
99366 S Greenwood N9ighborhd Patrl 219,978 219,978 219,978 219,978 0 C 11
99367 COPS-Phase 1-Yr 1 589,153 589,153 589,153 589,153 0 C 12
99368 Vehicle Theft Prevention 34,669 34,669 -3,693 30,976 30,976 0 C 13
99370 N Greenwood f'P Kids 3,575 3,575 3,575 3,575 0 C 14
99372 Intergenerational Grant 15,858 15,858 -1,842 14,015 14,015 0 C 15
99373 Yr 2 S Greenwood fleighborhood 261,127 261 ,127 -36,706 224,421 224,421 0 C 16
99374 Urban Partnership Grant 64,867 64,867 -5,400 59,467 59,467 0 C 17
99375 COPS Universal Grant 1,196,402 1,196,402 101,122 1,297,524 777,692 519,832 18
99376 Geographic Info System 230,777 230,777 -13,325 217 ,453 217,453 0 C 19
99378 LLEBG Year 2 293,086 294,364 -2,394 291,970 291,970 0 C 20
99379 FI Motor Veh Theft Pre 29,554 29,554 -11,304 18,250 18,250 0 C 21
99380 Clwr DUI Enforcement 165,687 165,687 -525 165,162 165,162 0 C 22
99381 Clwr Ped Safety & Enforcement 83,037 83,037 -7,476 75,562 75,562 0 23
99382 HUD Drug Elimin/Homer 324,324 334,323 -75,534 258,789 263,126 -4,337 24
99383 Weed & Seed '97 90,000 90,000 -18,908 71,092 71,092 0 C 25
99384 Weed & Seed Enforcement '97 50,000 50,000 -6,506 43,494 43,494 0 C 26
99385 Weed & Seed Prenatal/Child 25,000 0 0 0 0 C
40
,\.~ ;',/\1 Ip~l .,....~,; :'_ .\~: '. :h' ," 1~1,\" ",", .\-,' I: >I~~,.,;...... '!:~~ ~ -'(.,~.
'w~.:._ ., r'...'.,':' " ,"',' , .. '.-," . 'I '.' . ,'",>.; ,\' .: '. .t , ,t'. : .~_ .:l.~.,' ... ,.~, ::,,1,' 'f .'.' ',',:'.
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/98 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
99386 COPS Problem Solving Partnersh 90,856 90,856 90,856 88,185 3,295 -624
99387 Federal Forfeiture Sharing 64,794 67,541 67,541 52,808 14,733
99388 Weed & Seed N'98 175,000 175,000 22,897 197,897 191,044 5,245 1,608 27
99389 FI Motor Veh Theft '98 20,976 20,976 -1,367 19,609 19,609 0 C 28
99390 Clwr CUI Enforcement '98 153,670 131,638 131,638 135,834 -4,196
99391 Clwr Pedestrian Safety '98 79,431 59,799 59,799 55,368 4,431
99392 Weed & Seed Asset Forfeiture 175,000 175,000 6,560 181,560 108,920 72,640 29
99393 COPS MORE '98 185,000 192,279 167,533 359,812 0 359,812 30
99394 Weed & Seed '99 0 175,000 175,000 96,554 520 77,926
99396 Geographic Info System '98 247,308 222,311 -2,654 219,657 216,555 3,102 31
99397 Safe roeighborhood - CSF 0 75,000 75,000 49,430 25,570
99398 local law Enforcement Block 343,589 312,698 28,302 341,000 351,299 -10,299 32
99399 GIS '98 Enhancement 17,962 20,932 -381 20,552 16,441 4,111 33
99489 Americops. Project N.Jcops 114,029 143,379 143,379 105,770 37,609
Sub-Total 8,606,884 9,685,309 571,106 10,256,415 7,843,790 64,700 2,347,925
COMMUNllY DEVELOPMENT
99430 Code Enforcement '97 163,733 156,762 6,971 163,733 156,762 6,971 34
99431 Economic Development 194,756 194,756 194,756 194,756 0 C
99432 Housing Rehabilitation 73,803 73,803 73,803 73,803 0 C
99433 Infill Housing '97 561.486 561,486 561,486 561,486 0 C
99434 Public Facilities '97 291 ,260 291,260 291,260 291,260 0 C
99435 Public Services '97 152,310 152,310 152,310 152,310 0 C
99436 Program Administration '97 183,183 183,183 183,183 183,183 0 C
99437 Community Services Fd '97 6,300 6,300 6,300 6,300 0 C
99438 Homeless Emergency '97 0 0 0 0 0 C
99439 Property DemolitIon '97 2,750 2,750 2,750 2,750 0 C
99440 Housing Relocation '97 12,444 12,444 12,444 12,444 0 C
99441 Rental Housing '97 144,893 144,965 144,965 144,965 0 C
99481 Public Services '95 159,955 159,955 159,955 159,955 0 C
99485 Subrecipiant Infill Hsing'95 505,527 505,527 505,527 505,527 0 C
99488 Code Enforcement '95 168,166 168,166 168,166 168,166 0 C
99490 Code Enforcement '96 130,940 130,940 130,940 130,940 0 C
99491 Economic Development '96 233,936 233,936 233,936 233,936 0 C
99492 Housing Rehabilitation '96 102,098 102,098 102,098 102,098 0 C
99493 Infill Housing '96 290,716 290,716 290,716 290,716 0 C
99494 Public Facilities '96 305,500 305,500 305,500 305,500 0 C
99495 Public Services '96 134,189 134,189 134,189 134,189 0 C
99496 Program Administration '96 275,072 275,072 275,072 275,072 0 C
99650 Code Enforcement '98 88,000 88,354 88,354 89,968 -1,614 35
99651 Economic Development 35,996 35,996 35,996 99,853 -63,857
99652 Housing Rehabilitation 274,259 274,259 274,259 -73,977 348,236
99653 Infill Housing '98 199,539 199,539 199,539 209,020 -9,481
99654 Public Facilities '98 222,315 222,315 222,315 33,291 189,024
99655 Public Services '98 149,900 149,900 149,900 149,999 .99
99656 Program Administration 197,000 197,000 197,000 170,438 26,562
99657 Fair Housing '98 10,000 10,000 10,000 10,000 0 C
99658 Rental Housing Dev '98 100,000 100,000 100,000 100,000 0 C
99660 Temporary Housing Relocate '98 0 0 0 0 0 C
99661 Economic Development '99 250,000 250,000 250,000 43,110 206,890
99662 Housing Rehabilitation '99 43,959 43,959 43,959 51,711 -7,752
99663 Home Ownership '99 139,589 139,589 139,589 53,648 85,941
99664 Public Facilities & Improvements' 259,059 259,059 259,059 65,566 193.493
99665 Public Services '99 149,850 149,850 149,850 57,311 92,539
99666 Program Admiistration '99 199,800 199,800 199,800 69,702 130,098
41
. . ~:,
. , . '.' '. ' " . . ~, . i , ,_ .' ,'.l, " .'~"" '. I .l' It ;.' I.. 1. : '.' : .\ ~.;~ " .... . - . ~.. ~ . -, ' '. . ". " ..' ,j, ..
Actual Expenditures
Budget Amended Revised Project Open Available Amend
D..eMptlon 10/1/98 PreyQtr Amdtnt Budget To Date Encumbr Balance Status Ref
99667 Fair Housing '99 12,000 12,000 12,000 8,815 3,185
99668 Rental Housing '99 0 0 0 0 0
99669 Home Ownership Training '99 4,743 4,743 4,743 0 4,743
0 8,429,026 6,422,482 6,971 6,429,453 5,224,573 0 1,204,880
SOCIAL SERVICES
99538 Affordable Housing Imp Foes 362,552 375,120 -26,716 348,404 132,235 216,169 36
99555 EEOC Charge Resolution '95 73,950 73,950 -36,846 37,105 37,105 0 C 37
99557 Code Enfora>ment-NGrnwd '96 88,000 66,532 66,532 66,532 316 -316
99559 EEOC Charge Resolution 122,001 175,184 175,184 148,984 26,200
99560 HUD Fair Housing Assls 62,240 72,440 72,440 75,400 -2,960
99561 HUD Computers 10,000 10,000 10,000 4,064 5,936
99562 HUD Special Ed Grant 20,000 20,000 20,000 13,304 6,696
99563 N County Dhscriminallon '97 205,000 305,000 305,000 205,000 100,000
99564 Youth VIP Program 31,250 31,250 31,250 24,453 6,797
99565 ,JWB - Teen Camp 100,000 100,000 100,000 35,160 64,840
99598 Challenge Loan Guarantee Fd 67,757 71,891 71,891 0 71,891
99599 Infill Housing Developmt Pgm 432,365 445,986 445,986 209,136 236,851
Sub-Total 1,515,114 1,747,353 -63,561 1,683,792 951,371 316 732,105
MARINE
99701 Clearwater Beach Nlurishment 2,500 2,500 2,500 300 2,200
99704 Sembler Mitigation Project 391,393 415,281 415,281 0 415,281
99705 Clean Vessel Grant 35,334 35.334 35,334 35,334 0 C
99707 Beach Guard Donations 0 100 100 0 100
99708 Patrol Boat lifts 2,676 2,676 2,676 2,676 0 C
Sub-Total 431,903 455,891 0 455,891 38,310 0 417,581
MISCELLANEOUS PROGRAMS
99901 DOT Beautification Courtney Carn 0 23,000 23,000 0 23,000
99902 Extrication '99 0 3,850 2,267 6,117 2,598 3,519 38
99903 FROG Reissue Program 9,810 10,051 57 10,108 3,946 6,162 39
99908 Police - Outside Duty 57.204 64.035 1.548 65,583 79,005 -13,422 40
99909 CRA Downtown Beautification 36,965 36,965 36,965 36,965 0 C
99910 Library Special Account 197,692 207,869 19,396 227,265 192,137 2,341 32,787 41
99915 Employee Retirement Fund 2.502,946 2,451,463 2,451,463 2.463,597 -12,134
99916 Reengineering Training 80,000 79,543 79.543 79,543 0 C 42
99917 Ervin's Youth Group 441,917 441,917 441,917 441,917 0 C
99918 N Ft Harrison Beautification 4,029 4,029 4,029 920 3,109
99919 Waste Tire Grant 124,717 200,315 10,452 210,767 181,681 29,086 43
99921 Urban & Comm Forestry Grant 50,100 50,100 50,100 50,100 0 C
99922 Adopt-A-Park 3,850 5,530 5,530 5,130 400
99923 Internship Program 82,330 12,307 12,307 12,307 0 C 44
99924 City Hall Technology 217,000 215,931 215,931 215,931 0 C 45
99925 Peg Access Support 100,000 175,000 175,000 175,000 0 C
99926 Street Banner Program 44,000 44,000 44,000 39,924 4,076
99928 Nagano Sister City Program 40,329 40,329 40,329 40,423 -94
99929 Nagano Olympics 190,838 168,596 168,596 168,596 0 C 46
99930 Saturday in the City 8,292 8,587 8,587 8,587 0 C
99931 Folk Art Festival 40,574 53,436 6,269 59,705 40,895 18,810 47
99934 Special Team Equipment 7,400 180 180 180 0 C 48
99935 Camera 15,560 1 5,287 15,287 15.287 0 C 49
99937 Water Rescue. Board 2,000 1,968 1,968 1,968 0 C 50
42
; ;~,
Actual Expenditures
Budget Amended Revised Project Open Available Amend
DescrIption 10/1/98 PrevQtr Amdrnt Budget To Date Encumbr Balance Status Ref
99938 Homeless Sheller 255,000 281,716 100,000 381,716 305,453 76,263 51
99939 Brownfield - Federal 100,000 100,000 100,000 90,425 9,575
99940 NGmwd Improvement 10,000 9,499 9,499 9,499 0 C
99941 Moccasin Lake I'>eture Park 75,427 78,832 1,735 80,568 68,658 11,910 52
99942 N3gsno State Grant 766,214 770,244 770,244 770,244 0 C
9994..~ Visitor's Guide 55,000 55,000 55,000 26,717 28,283
99945 MPA Internship Program 40,000 59,724 59,724 60,801 -1,077
99947 Safe t~ighborhood TV Specialist 37,000 83,147 83,147 48,752 34,395
99948 Transforming Government 5,000 52,900 94,720 147,620 44,307 20,422 82,891 53
99949 Entrepreneurial Development 3,350 3,350 3,350 0 3,350
99950 lOB Fees 54,131 54,131 54,131 32,830 21,301
99951 Special Events Pilot Program 47,500 47.500 47,500 31.870 15,630
99952 Union Leave Buyouts 996,820 996,820 996,820 643.067 353,753
99953 Lobbyist Services 104.500 104,500 104,500 45,781 64.999 -6,280
99954 501(C)3 Services 280,650 280,650 280,650 440 280.210
99955 EMS Transport Consultant 40,000 40.000 -20,523 19,477 19,477 18,523 -18,523 C 54
99958 Hurricane Georges 0 0 286.775 286,775 12,680 274,095 55
99959 Safety Village Upgrade 14,785 14,785 14,785 10,851 3,550 384
99960 N:AA Concerts 0 136,755 168,780 305,534 259,229 2,490 43,815 56
99961 Year "2000" Firewor1<s 0 30,000 30.000 30,000 30,000 -30,000
99962 Parks & Ree Gift Giving Pgm 391,842 458,995 6,538 465,533 442,025 5,206 18,302 57
99963 Economic Development Incentive 0 129,452 129,452 50,000 79,452
99964 Sand Key Beach Vegetation 0 20,000 20,000 11,442 8.558
99965 JWB - Martain Luther King 0 0 41,250 41.250 13,909 10,600 16,741 58
99967 JWB - Kings Highway 0 0 10,406 10,406 996 9,410 59
99969 JWB - t-erl Guard Armory 0 0 7.630 7,630 102 115 7,413 60
99970 Tree Replacement Project 153,027 185.709 9,660 195,369 139,797 5,771 49,801 61
99971 Brownfield Assessment 100,000 150,000 150,000 80,090 25,000 44.910
99972 Brownfield Stabilization 100,000 150,000 150,000 27,680 122,320
99973 Brownfield Clean-up 200,000 200,000 200,000 0 200,000
99974 Brownfield Data Collection and R 100,000 100,000 100,000 49,160 8,211 42.629
99975 Brownfield - remediation 0 225,000 225,000 22,551 f.>3,722 118,727
99979 Historical Facade Program 0 30,000 30,000 2,589 27.411
99983 Local Mitigation Strategy 0 20,000 20,000 40,000 6,919 3:~,O81 62
99984 r-brth Florida Firefighting 20,000 53,386 10,807 64,193 35,585 28,60a 63
99987 Countryside Recycling 1,807 1,807 1.807 0 1,807
99989 Media Radios 10,107 10,107 10,107 1.842 8,265
99993 Sailing Center Donations 26,190 26,215 26,215 26.159 56
99995 Water Conservation Devices 100,000 100,000 100,000 65,111 34,889
99998 Safety Village 19,168 28,036 28,036 11,523 16,513
0 8,365,070 9,402,545 777,768 10,180,313 1,755,198 280,950 2,144,165
TOTAL ALL PROJECTS 25,486,047 21,848,170 1,292,284 29,140,454 21,872,154 346,466 6,921,834
43
. . . ,1' ,~ ' . . , '; . ..._ .~._ '.. . '.. ' ' , ...., ,', . ,/
,n.:,,!<!:;:,,:. ,'<;'.~'<~,! .;.,_.>;.
Clearwater, Florida
SPECIAL DEVELOPMENT FUND
Third Quarter Amendments
FY 1998-99
Revenues
Decrease $ 9,010
Budget amendments reflect increases of $20,990 in proceeds from
property tax revenues, $50tOOO in Development Impact Fees, and
a decrease of $80,000 in revenues from transportation impact
fees.
Expenditures
Increase
$ 53,854
$ 74,000 - The budgeted amendment reflects the transfer of
$74,000 of Recreation Facility impact fees to Capital
Improvement project 315-93206, Skate Park Facilities to provide
additional funding for the construction of the first park.
$ (20,146) - The budgeted amendment reflects the return of funds
from the Harborview project, which is now, complete.
44
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SPECIAL REVENUE FUNDS
Third Quarter: October 1, 1998 . June 30, 1999
SPECIAL DEVELOPMENT FUND
First Quarter Mid Year Third Quarter
Original Amended Amended Amended
Budget Budget Budget Budget
1998/99 1998/99 1998/99 1998/99 Amendments
Revenues:
Ad Valorem Taxes 1,709,310 1,709,310 1,709,310 1 ,730,300 20,990
Infrastructure Tax 7,239,630 7,239,630 7,239,630 7,239,630
Rental Fees 20,000 20,000 20,000 20,000
Development Impact Fees 78,000 78,000 150,000 200,000 50,000
Interest Earnings 200,000 200,000 200,000 200,000
Open Space Fees 50,000 50,000 50,000 50,000
Recreation Facility Fees 75,000 75,000 140,000 140,000
Recreation Land Fees 20,000 20,000 230,000 230,000
Transportation Impact 292,420 292,420 292,420 212,420 -80,000
Local Option Gas Tax 949,770 949,770 949,770 949,770
Appropriation of Prior Year Revenue 2,146,220 2,368,220 2,368,220 2,368,220
12,780,350 13,002,350 13,349,350 13,340,340 -9,010
Expenditures:
Transfer to Capital
Improvement Fund 10,009,650 10,208,584 10,340,084 10,393,938 53,854
Debt Service -Infra Tax Loans 2,565,700 2,565,700 2,565,700 2,565,700
Debt Service Payments 130,000 130,000 130,000 130,000
12,705,350 12,904,284 13,035,784 13,089,638 53,854
SPECIAL PROGRAM FUND
Revenues:
Intergovernmental:
CDSG Grant 1,059,000 1,059,000 1,059,000 1 ,059,000
Home Funds 429,000 429,000 429,000 429,000
SHIP Funds 522,000 522,000 522,000 522,000
Interest Earnings 100,000 198,846 200,354 200,354
Police Fines and Court Proceeds 0 88,'138 190,475 276,408 85,933
Other Governmental Revenue 0 50 50 50
Recreation Impact Fees 0 0 20,000 20,000
Sales 0 2,757 5,140 8,663 3,523
General Fund Revenue 0 363,635 -35,251 441,958 477,209
Donations 0 147,059 304,104 600,343 296,239
Grant Proceeds 0 993,160 1,610,969 2,065,517 454,548
CRA Revenues 0 129,452 129,452 129,452
Downtown Development Board 0 15,000 30,000 30,000
Contractual Services 0 3,421 6,831 8,379 1,548
Miscellaneous Revenue 3,000 3,000 3,000 -23,716 -26,716
2,113,000 3,954,518 4,475,124 5,767,408 1,292,284
Expenditures:
Planning Programs 0 0 56,540 56,540
Public Safety 0 1,028,737 1,078,425 1,649,531 571,106
Community Develop Prog 1,059,000 1,059,000 1,052,456 1,059,427 6,971
Social Services 0 65,467 172,239 108,678 -63,561
Marine 0 23,888 23,988 23,988
Miscellaneous 0 723,426 1,037,476 1,815.244 777,768
Home Program 429,000 429,000 429,000 429,000
SHIP Program 522,000 522,000 522,000 522,000
Nagano Program 3,000 3,000 3,000 3,000
2,013,000 3,854,518 4,375,124 5,667,408 1,292,284
45
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City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
Third Quarter
FY 1998/99
In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change
orders without City Commission approval within certain limitations.
The following change order have been administratively approved since the last report to the Commission based on the
code specified criteria:
1. Increases do not exceed $25,000 over Commission approved amount on a cumulative basis.
2. Change does not change the scope of a project.
3. Price increases do not require additional appropriation to the project.
4. Contract price decreases may be approved without limitation.
5. The time for completion may not be extended by more than thirty (30) days, in anyone change or
cumulatively for the same project.
06/07/99
06/14/99
06/16/99
06/25/99
08/05/99
08/05/99
.....
Administrative Change Order No.2 - 1998/99 Sidewalk Contract (98-00651.
This change order decreases the contract to adjust for quantities that were
actually used to complete the project.
Purvis Curbs Corporation
-$75,00
Administrative Change Order No.2 - Jeffords Street Lift Station #7 (98-0046).
This change order decreases the contract to adjust for quantities that were
actually used to complete the project.
Steve's Excavating & Paving, Inc.
-$0,09
Administrative Change Order No. 1 & Final - Alliga/or Creek Tnmk Sewer
cleaning & Television Inspection. This change order decreases the contract to
adjust for quantities that were actually used to complete the project.
Kimmins Contracting Corp.
-$19,186,00
Administrative Change Order No. 1 & Final - Hercules Avenue Stonn Line
Replacement (98-0024). This change order does not change the contract and is
to adjust for quantities used to complete the project.
Steve's Excavating & Paving, Inc.
$0.00
Administrative Change Order No.3 - 1998/99 -Sidewalk Contract Order No.3
(98-0065). Due to the some additional asphalt work, and curb work, this
change order reflects a net decrease.
Purvis Curbs Corp.
-$88.26
Administrative Change Order No.1 and Final - 1999 Tennis Court Resurfacing
(99-0007). This change order decreases the contract due to the adjustment of
items in order to complete the project.
Steve's Excavating & Paving, Inc.
-$1,482.50
46
08/11/99
08/23/99
08/24/99
08/24/99
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
Third Quarter
FY 1998/99
Administrative Change Order No. 1 - Del Oro Section - East/West Recreation
Trail (99-0008). This change order increase the contract due to citizen concerns
regarding the location of the trail.
Purvis Curbs Corporation
Administrative Change Order No. 1 - Cherry Harris Park (98-0082). This
change order increases the contract to adjust for quantities actually used to
complete the project.
Macre Construction, Inc.
Administrative Change Order #2 and Final - Madison Avenue/Gould Street
Roadway Improvements (98*0158). This change order increases the contract to
adjust for the quantities to those amounts actually used to complete the
construction of the new water main.
Suncoast neve of PC, Inc.
Administrative Change Order No.1 and Final - Clearwater Airpark - Runway
& Taxiway Lighting System Installation (98-{x)()3). This change order decreases
the contract to allow for the actual bid and addition of a 15" base can.
H_L. Pruitt Corporation
47
$7,318.99
$3,881.90
$13,989.10
-$16,924.95
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Item #16
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
Jv~
'1.l~.~j
Final Agenda Item #
SUBJECT/RECOMMENDATION:
Approve a Joint Project Agreement with the State of Florida's Department of Transportation to install
natural gas mains for relocation during improvement project #15150-6566, FPN 256957-1-56-01
WPI 7117045, US 19 (SR 55) at Drew St. at an estimated cost of $80,0001 and adopt Resolution 99-41.
1:&1 and that the appropriate officials be authorized to execute same.
SUMMARY:
5 State of Florida's Department of Transportation has a project to construct an overpass on US 19 (SR 55)
at Drew Street including roadway, sidewalk, other improvements, and utilities to include those existing
Clearwater Gas System facilities which conflict with the design.
. Under the joint Project Agreement (JPA), the State of Florida's Department of Transportation general
contractor will perform the relocation of the gas mains.
. Having the State of Florida's Department of Transportation general contractor install the gas mains allows
for work to be done in a timely manner and releases Clearwater Gas System from any penalty payments.
. The available balance in appropriation code 353-96312-563800-532-000, Pinellas Line Relocation, as of
August 19, 1999 is $478,039.93. The Joint Project Agreement cost is estimated to be $80,000.
N/A
Originating Dept.: r;
Clearwater Cas System
User Dept.:
Clearwater Cas System
.Attachrnel'\ts 99-41
Resolut J.on
Costs
Estimated $80,000
Estimated $80,000
Funding Source:
Reviewed by:
Legal ~
Budget ~1l1~
Purchasing N/A
--
Risk Mgmt N/A
Info Srvc
Public Works
DCWACM
Other
N/A
N/A
Total
Current FY
98/99
CI
OP
Other
x
Submitted by:
City Manager
Printed on recycled paper
jI'
Project mclP
o None
A ro riation Code: 353.96312-563800.532.000
RESOLUTION NO. 99-41
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, REGARDING UTILITY JOINT PROJECT
AGREEMENT BETWEEN THE CITY OF CLEAR WATER
AND THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION; AUTHORIZING THE EXECUTION
OF AGREEMENTS FOR INSTALLATION AND
ACCEPTANCE OF NEW CITY FACILITIES; AND
AUTHORIZING THE PLACING OF FUNDS WITH THE
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE COMPLETION OF
UTILITY INSTALLATION.
WHEREAS, the State of Florida Department of Transportation is constructing,
reconstructing or otherwise changing a portion of the State Highway System, namely, State
Road 55 (US 19) at Drew Street, which call for the installation of new CITY gas facilities
over and/or undersaid highway; and proposes to construct or reconstruct a transportation
facility identified above, hereinafter referred to as the "Project", and
WHEREAS, in order for the FDOT to proceed with the project, it is necessary for
the City of Clearwater, hereinafter referred to as the "DAO'" to execute and deliver to the
FDOT the agreeInent identified as Utility Work By Highway Contractor Agreement,
hereinafter referred to as the IIAgreement";
Resolution No. 99-41
BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That the City of Clearwater enters into a Joint Project Agreement with
the State of Florida Department of Transportation for installation by the Department of said
new City facilities designated as Utility Job 6566,. Section 15150, Financial Proj ect ID
256957-1-56-01, RJW Job N/A, and that the City assume all costs incurred in the respective
utility installations, which costs are estimated to be $80,000.
Section 2. That the Mayor and City Manager be authorized to enter into such
agreements with the State of Florida Department of Transportation for the installation and
acceptance of said new City facilities, and that the City Manager be hereby authorized and
directed to execute and deliver to the State of Florida Department of Transportation a Utility
Agreement for the adjustment, change or relocation of certain utility facilities within the limits
of said State Road 55.
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Section 3. That the estimated costs of such utility installations as set forth above
be paid in advance to the State of Florida Department of Transportation in accordance with
such utility installation agreement.
PASSED AND ADOPTED this
day of
1999.
Brian J. Aungst
Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
~c~
. Jo . Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Resolution No. 99-41
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STATE OF "1.0RlOA DEPARTMENT OF TRANSPORTATION 'fJ
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
ktmNo. '10.010.22
VT1UT1ES
ovat
Financial Project 10: 256957-1-56-01
Work Program Item No. (old): 7117045
State Job No. (old): 15150-3566
Federal Project 10:
County/Section No: 15 150
District Document No:
THIS AGREEMENT, entered into this _day of , year of , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as
the .FOOr, and CITY OF CLEARWATER-CLEARWATER GAS SYSTEM, hereinafter referred to as
the .UAO.;
WITNESSETH:
WHEREAS, the FOOT, is constructing, reconstructing, or otherwise changing a portion of a
public road or publicly owned rail corridor, said project being identified as U.S. 19 (at Drew Street), State
. Road No.: 55, hereinafter referred to as the -Project-; and
WHEREAS, the UAO owns or desires to install certain utility facilities which are located within
the limits of the Project hereinafter referred to as the -Facilitie.s. (said term shall be deemed to include
utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this
Agreement); and
WHEREAS, the Project requires the location (vertically and/or horizontally), protection,
relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter
referred to as -Utility Work-; and
WH EREAS, the FOOT and the UAO desire to enter into a joint agreement pursuant to Section
337.403(1)(b) of the Florida Statutes for the Utility Work to be a(X,'omplished by the FDOrs contractor
as part of the construction of the Project;
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs
associated with the Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein, the FOOT and the UAO hereby agree as follows:
1. Design of Utility Work
a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design,
Page 1 of 14
. '.
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STATE OF FLORIDA DEPARTMENT OF TRAASPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 7to.o,C).Z2
UTUJIES
ozm
plans, technical special provisions, a cost estimate, and a contingency utility
relocation schedule (said contingency schedule to be used In the case of a bid
rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or
before August 9, year of 1999.
b. The Plans Package shall be In the same format as the FOOT's contract documents
for the Project and shall be suitable for reproduction.
c. Unless otherwise specifically directed in writing, the Plans Package shall include
any and all activities and work effort required to perform the Utility Work, including
but not limited to, all clearing and grubbing, survey work and maintenance of traffic.
d, The Plans Package shall be prepared in compliance with the FDOT'S the Utility
Accommodation Manual and the FDOT"s Plans Preparation Manual in effect at the
time the Plans Package is prepared, and the' FOOT's contract documents for the
Project. If the FOOT'S Plans Preparation Manual has been updated and conflicts
with the Utility Accommodation Manual, the Utility Accommodation Manual shall
apply where such conflicts exist.
e. The technical special provisions which are a part of the Plans Package shall be
prepared in accordance with the FDOT"s guidelines on preparation of technical
special provisions and shall not duplicate or change the general contracting
provisions of the FOOTs Standard Specifications for Road and Bridge Construction
and any Supplemental Specifications, Special Provisions, or Developmental
Specifications of the FDOT for the Project.
f. UAO shall provide a copy of tho proposed Plans Package to the FDOT, and to such
other right of way users as designated by the FDOT, for review at the following
stages: Phase IV submittal. Prior to submission of the proposed Plans Package for
review at these stages, the UAO shall send the FOOT a work progress schedule
explaining how the UAO will meet the FOOT'S production schedule. The work
progress schedule shall include the review stages, as well as other milestones
necessary to complete the Plans Pacl{age within the time specified in subparagraph
a. above.
g. In the event that the FOOT finds any deficiencies in the Plans Package during the
reviews performed pursuanttosubparagraph f. above, the FOOT will notify the UAO
in writing of the deficiencies and the UAO will correct the deficiencies and return
corrected documents within the time stated in the notice. The FOOT's review and
approval of the documents shall not relieve the UAO from responsibility for
subsequently discovered errors or omissions.
h. The FOOT shall furnish the UAO such information from the FOOT's files as
Page 2 of 14
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STATE OF flORIDA OEPAATMEIIrJ' OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTI LIlY EXPENSE)
requested by the UAO; however, the UAO shall at all times be and remain solely
responsible for proper preparation of the Plans Package and for verifying all
information necessary to properly prepare the Plans Package, Including survey
information as to the location (both vertical and horizontal) of the Facilities. The
providing of information by the FOOT shall not relieve the UAO of this obligation nor
transfer any of that responsibility to the FOOT.
JonnNo.110.0'0022
UTiliTIES
OIZM
i. The Facilities and the Utility Work will include all utility facilities of the UAO which
are located within the limits of the Project, except as generally summarized as
follows: None
These exceptions shall be handled by separate arrangement.
j. If any facilities of the UAO located within the project limits are discovered after work
on the project commences to be qualified for relocation at the FDOT'S expense, but
not previously identified as such, the UAO shall file a claim with the FOOT for
recovery of the cost of relocation thereof. The filing of the claim shall not
necessarily entitle the UAO to payment and resolution of the claim shall be based
on a determination of fault for the error. The discovery of facilities not previously
identified as being qualified for relocation at the FOOT'S expense shall not
invalidate this Agreement.
k. The UAO shall fully coop~rate with all other right of way users in the preparation of
the Plans Package. Any conflicts that cannot be resolved through cooperation shall
be resolved in the manner determined by the FOOT.
I. Upon completion of the Utility Work, the Facilities shall be deemed to be located on
the public road or publicly owned rail corridor under and pursuant to the Utility
Permit:
(Note: It is the intent of this line to allow either attachment of or separate reference
to the permit).
2. Performance of Utility Work
a. The FOOT shall incorporate the Plans Package into its contract for construction of
the Project.
b. The FOOT shall procu re a contract for construction of the Project in accordance with
the FOOT's requirements.
c. If the portion of the bid of the contractor selected by the FDOT which is for
performance of the Utility Work exceeds the FDOrS official estimate for the Utility
Page 3 of 14
. '.
STATE OF FlORIDA DEPARTMENT OF TRANSPOATATtON
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY E'5PENSE)
Work by more than ten percent (100/0) and the FOOT does not elect to participate
in the cost of the Utility Work pursuant to Section 337.403(1){b) of the Florida
Statutes, the UAO may elect to have the Utility Work removed from the FOOT's
contract by notifying the FDOT in writing within 10 days from the date that the UAO
is notified of the bid amount. Unless this election is made, the Utility Work shall be
performed as part of the Project by the FOOT's contractor.
fonnHo.1to.olo.22
UTUTIES
02M
d. If the UAO elects to remove the Utility Work from the FOOTs contract in
accordance with subparagraph 2. C., the UAO shall perform the Utility Work
separately pursuant to the terms and conditions of the FOOT's standard relocation
agreement, the terms and conditions of which are incorporated herein for that
purpose by this reference. and in accordance with the contingency relocation
schedule which is a part of the Plans Package. The UAO shall proceed
immediately with the Utility Work so as to cause no delay to the FOOT or the
FOOTs contractor in constructing the Project.
e. The UAO shall perform all engineering inspection, testing, and monitoring of the
Utility Work to insure that it is properly performed in accordance with the Plans
Package, except for the following activities:
None
and will furnish the FOOT with daily diary records showing approved quantities and
amounts for weekly. monthly, and final estimates in accordance with the format
required by FDOT procedures.
f. Except for the inspection, testing, monitoring and reporting to be perfonned by the
UAO in accordance with subparagraph 2. e., the FOOT will perform all contract
administration for its construction contract.
g. The UAO shall fully cooperate with the FOOT and the FOOTs contractor in all
matters relating to the performance of the Utility Work.
h. The FOOT'S engineer has full authority over the Project and the UAO shall be
responsible for coordinating and cooperating with the FOOT'S engineer. In so
doing, the UAO shall make such adjustments and changes in the Plans Package
as the FOOT'S engineer shall determine are necessary for the prosecution of the
Project.
i. The UAO shall not make any changes to the Plans Package after the date on which
the FDOT'S contract documents are mailed to Tallahassee for advertisement of the
Project unless those changes fall within the categories of changes which are
Page 4 of 14
.f
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STATE OF FlORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
FormHo. nO-Olo.22
UTIUTlE.S
WSI9
allowed by supplemental agreement to the FOOT'S contract pursuant to Section
337.11 of the Florida Statutes. All changes, regardless of the nature of the change
or the timing of the change, shall be subject to the prior approval of the FOOT.
30 Cost of Utility Work
a. The UAO shall be responsible for all costs of the Utility Work and all costs
associated with any adjustments or changes to the Utility Work determined by the
FOOT's engineer to be necessary, including, but not limited to the cost of changing
the Plans Package and the increase in the cost of performing the Utility Work,
unless the adjustments or changes are necessitated by an error or omission of the
FOOT. The UAO shall not be responsible for the cost of delays caused by such
adjustments or changes unless they are attributable to the UAO pursuant to
subparagraph 4.a.
b. The initial estimate of the cost of the Utility Work is $ 80.000 . At such time
as the FOOT prepares its official estimate. the FOOT shall notify the UAO of the
amount of the official estimate for the Utility Work. Upon being notified of the official
estimate, the UAO shall have five (5) working days within which to accept the official
estimate for purposes of making deposits and for determining any possible
contribution on the part of the FOOT to the cost of the Utility Work, or to elect to
have the Utility Work removed from the FDOT'S contract and performed separately
pursuant to the terms and conditions set forth in subparagraph 2. d. hereof.
c. At least seven (7) calendar days prior to the date on which the FOOT advertises the
Project for bids, the UAO will pay to the FOOT an amount equal to the FDOT'S
official estimate; plus 50/0 for mobilization of equipment for the Utility Work, 2% for
additional maintenance of traffic costs for the Utility Work. and 50/0 for administrative
costs of field work, tabulation of quantities. Final Estimate processing and Project
accounting (said three amounts for mobilization, maintenance of traffic and
administrative costs to be hereinafter collectively referred to as the -Allowances");
plus 100/0 of the official estimate for a contingency fund to be used as hereinafter
provided for changes to the Utility Work during the construction of the Project (the
"Contingency Fund").
d. Payment of the funds pursuant to this paragraph will be made (choose one):
directly to the FOOT for deposit into the State Transportation Trust
Fund.
X as provided in the attached Memorandum of Agreement between
UAO. FOOT and the State of Florida, Department of Insurance,
Division of Treasury. Deposits of less than $100,000.00 must be pre-
Page 5 of 14
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STATE OF Fl..ORIOA DEPARTMENT OF TRANSPORTATION
UTiliTY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
approved by the FOOT Comptroller's Office prior to execution of this
agreement.
Form No. 7'0.0'0.22
UTIUTIES
02.W
e. If the portion of the contractor's bid selected by the FOOT for performance of the
Utility Work exceeds the amount of the deposit made pursuant to subparagraph c.
above, then subject to and in accordance with the limitations and conditions
established by subparagraph 2. c. hereof regarding FOOT participation in the cost
of the Utility Work and the UAO's election to remove the Utility Work from the
Project, the UAO shall, within fourteen (14) calendar days from notification from the
FOOT or prior to posting of the accepted bid, whichever is earlier, pay an additional
amount to the FOOT to bring the total amount paid to the total obligation of the UAO
for the cost of the Utility Work, plus Allowances and 100/0 Contingency Fund. The
FOOT will notify the UAO as soon as it becomes apparent the accepted bid amount
plus allowances and contingency is in excess of the advance deposit amount;
however, failure of the FOOT to so notify the UAO shall not relieve the UAO from
its obligation to pay for its full share of project costs on final accounting as provided
herein below.
1. If the accepted bid amount plus allowances and contingency is less than the
advance deposit amount, the FOOT will refund the amount that the advance deposit
exceeds the bid amount plus allowances and contingency if such refund is
requested by the UAO in writing and approved by the Comptroller of the FOOT or
his designee.
g. Should contract modifications occur that increase the UAO's share of total project
costs, the UAO will be notified by the District accordingly. The UAO agrees to
provide, in advance of the additional work being performed, adequate funds to
ensure that cash on deposit with the FOOT is sufficient to fully fund its share of the
project costs. The FOOT shall notify the UAO as soon as it becomes apparent the
actual costs will overrun the award amount; however, failure of the FOOT to so
notify the UAO shall not relieve the UAO from its obligation to pay for its fun share
of project costs on final accounting as provided herein below.
h. The FOOT may use the funds paid by the UAO for payment of the cost of the Utility
Work. The Contingency Fund may be used for increases in the cost of the Utility
Work which occur because of quantity overruns or because of adjustments or
changes in the Utility Work made pursuant to subparagraph 2. h. Prior to using any
of the Contingency Fund, the FDOT will obtain the written concurrence of the
person delegated that responsibility by written notice from the UAO. The delegatee
shall respond immediately to all requests for written concurrence. If the delegatee
refuses to provide written concurrence promptly and the FOOT determines that the
work is necessary, the FOOT may proceed to perform the work and recover the cost
thereof pursuant to the provisions of Section 337.403(3) of the Florida Statutes. In
Page 6 of 14
Sf ATE Of FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14)
calendar day from notification from the FOOT, pay to the FOOT an additional 1 0%
of the total obligation of the UAO for the cost of the Utility Work established under
subparagraph 3. e. for future use as the Contingency Fund.
Form No. 710-0lC),22
UTIlITIES
Q2,W
i. Upon tinal payment to the Contractor, the FOOT intends to have its final and
complete accounting of all costs incurred in connection with the work performed
hereunder within three hundred sixty (360) days. All project cost records and
accounts shall be subject to audit by a representative of the UAO for a period of
three (3) years after final close out of the Project. The UAO will be notified of the
final cost. Both parties agree that in the event the final accounting of total project
costs pursuant to the terms of this agreement is less than the total deposits to date,
a refund of the excess will be made by the FOOT to the UAO in accordance with
Section 215.422, Florida Statutes. In the event said final accounting of tokll project
costs is greater than the total deposits to date, the UAO will pay the additional
amount within forty (40) calendar days from the date of the invoice, The UAO
agrees to pay interest at a rate as established pursuant to Section 55.03, Florida
Statutes, on any invoice not paid within the time specified in the preceding sentence
until the invoice is paid.
j. The FOOT shall have the right to retain out of any payment due the UAO under this
Agreement an amount sufficient to satisfy any amount due and owing to the FOOT
by the UAO on any other Agreement between the UAO and the FOOT, whether
existing now or in the future.
4. Claims Against UAO
a. The UAO shaff be responsible for all costs incurred as a result of any
delay to the FOOT or its contractors caused by errors or omissions in
the Plans Package (including inaccurate location of the Facilities) or
by failure of the UAO to properly perform its obligations under this
Agreement in a timely manner.
Page 7 of 14
b. In the event the contractor provides a notice of intent to make a claim
against the FDOT relating to the Utility Work, the FOOT will notify the
UAO of the notice of intent and the UAO will thereafter keep and
maintain daily field reports and all other records relating to the
intended claim.
C. In the event the contractor makes any claim against the FOOT relating
to the Utility Work, the FDOT will notify the UAO of the claim and the
UAO will cooperate with the FOOT in analyzing and resolving the
claim within a reasonable time. Any resolution of any portion of the
i;,-
. . " . -"~ . .. ,.' ,'f ' .,'.' '" ' #, .... ,', . _ 0"' - '. . -; '.. - , ) ,'-. -. . , . ',. '\
STATE OF FlORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
claim directly between the UAO and the FOOT'S contractor shall be
In writing, shall be subject to written FOOT concurrence and shall
specify the extent to which it resolves the claim against the FOOT.
Form No 7'o-G'~22
UTIlITIES
02M
d. The FOOT may withhold payment of surplus funds to the UAO until
final resolution (including any actual payment required) of all claims
relating to the Utility Work.
5. Out of Service Facilities
No Facilities shall be placed out of service unless specifically identified as such in the
Plans. The following terms and conditions shall apply to Facilities placed Out-of-Service:
a. The UAO acknowledges its present and continuing ownership of and
responsibility for out of service Facilities.
b. The FOOT agrees to allow the UAO to leave the Facilities within the
right of way subject to the continuing satisfactory performance of the
conditions of this Agreement by the UAO. In the event of a breach of
this Agreement by the UAO, the Facilities shall be removed upon
demand from the FDOT in accordance with the provisions of
subparagraph e. below.
c. The UAO shall take such steps to secure the Facilities and otherwise
make the Facilities safe in accordance with any and all applicable
local, state or federal laws and regulations and in accordance with the
legal duty of the UAO to use due care in its dealings with others. The
UAO shall be solely responsible for gathering all information
necessary to meet these obligations.
d. The UAO shall keep and preserve all records relating to the Facilities,
including, but not limited to, records of the location, nature of, and
steps taken to safely secure the Facilities and shall promptly respond
to information requests of the FDOT or other permitees using or
seeking use of the right of way.
e. The UAO shall remove the Facilities at the request of the FDOT in the
event that the FOOT determines that removal is necessary for FDOT
use of the right of way or in the event that the FOOT determines that
use of the right of way is needed for other active utilities that cannot
be otherwise accommodated in the right of way. Removal shall be at
the sole cost and expense of the UAO and without any right of the
UAO to object or make any claim of any nature whatsoever with
regard thereto. Removal shall be completed within the time specified
Page 8 of 14
;,;
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SlATE Of FlOfUOA DEPARTMENT OF TRANSPORT AllON
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
FomlNo.710.0ICH2
UTIlITIES
ozm
in the FDOTs notice to remove. In the event that the UAO fails to
perform the removal properly within the specified time, the FOOT may
proceed to perform the removal at the UAO's expense pursuant to the
provisions of Sections 337.403 and 337.404 of the Florida Statutes.
f. Except as othelWise provided in subparagraph e. above, the UAO
agrees that the Facilities shall forever remain the legal and financial
responsibility of the UAO. The UAO shall reimburse the FDOT for
any and all costs of any nature whatsoever resulting from the
presence of the Facilities within the right of way. Said costs shall
include, but shall not be limited to, charges or expenses which may
result from the future need to remove the Facilities or from the
presence of any hazardous substance or material in or discharging
from the Facilities.
6. Defau It
a. In the event that the UAO breaches any provision of this Agreement, then in
addition to any other remedies which are otherwise provided for in this Agreement,
the FOOT may exercise one or more of the following options, provided that at no
time shall the FDOT be entitled to receive double recovery of damages:
1. Terminate this Agreement if the breach is material and has not been cured
within sixty (60) days from written notice thereof from FDOT.
2. Pursue a claim for damages suffered by the FOOT or the public.
3. If the Utility Work is reimbursable under this Agreement, withhold
rei~bursement payments until the breach is cured.
4. If the Utility Work is reimbursable under this Agreement, offset any damages
suffered by the FDOT or the public against payments due under this
Agreement for the same Project. Payments due under this Agreement for
Projects other than the one under which the breach occurred may be
withheld pending resolution of the merits of the breach.
5. Suspend or terminate the issuance of further permits to the UAO for the
placement of Facilities on FDOT property if the breach is material and has
not been cured within sixty (60) days from written notice thereof from FOOT.
6. Pursue any other remedies legally available.
7. Perform any work with its own forces or through contractors and seek
repayment for the cost thereof under Section 337.403(3) of the Florida
Page 9 of 14
. .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
FOII'ft No. 710.01 00Z2
UTUTIES
02M
Statutes.
b. In the event that the FOOT breaches any provision of this Agreement, then in
addition to any other remedies which are otherwise provided for in the Agreement,
the UAO may exercise one or more of the following options:
1. Terminate this Agreement if the breach is material and has not been cured
within sixty (60) days from written notice thereof from the UAO.
2. If the breach is a failure to pay an invoice for Utility Work which is
reimbursable under this Agreement. pursue any statutory remedies that the
UAO may have for failure to pay invoices.
3. Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from any obligations it
has pursuant to other agreements between the parties nor from any statutory
obligations that either party may have with regard to the subject matter hereof.
7. Force Majeure
Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under
this Agreement to the extent such performance is prevented by an act of God, war, riots,
natural catastrophe, or other event beyond the control of the non-perfonning party and
which could not have been avoided or overcome by the exercise of due diligence; provided
that the party claiming the excuse from performance has (a) promptly notified the other
party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the
effect of the occurrence to the extent possible, and (c) resumed performance as soon as
possible.
P~np 1 n nf 1 L1
, , " . '.; . .' , ., . . . '"'".,, . ~ ..:}'., ~ "/.,. Ii.. " .". ,'. .' ''" J' :
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
FonnNo.71C).41().22
UTILITIES
oz.w
8. Indemnification
Check one of the appropriate boxes 0 below:
X For government-owned utilities,
To the extent provided by law, the UAO shall indemnify, defend and hold harmless
the FOOT and all of its officers, agents and employees from any claim, loss,
damage, cost, charge or e)(pense arising out of any acts, action, error, neglect or
omission by the UAO, its agents, employees, or subcontractors during the
performance of the Agreement, whether direct or indirect, and whether to any
person or property to which FOOT or said parties may be subject, except that
neither the UAO, its agents, employees or subcontractors will be liable under this
section for damages arising out of the injury or damage to persons or property
directly caused by or resulting from the negligence of the FDOT or any of its officers
agents or employees during the performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused
by the UAO in the performance of services required under this Agreement, the
FOOT will immediately forward the claim to the UAO. The UAO and the FOOT 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 roviewing
the claim, the FOOT will determine whether to require the p~rticipation of the UAO
in the defense of the claim or to require the UAO to defend the FOOT in such claim
as described in this section. The FOOrs failure to notify the UAO of a claim shall
not release the UAO from any of the requirements of this section. The FDOT and
the UAO will pay their own costs for the evaluation, settlement negotiations, and
trial, if any. However, if only one party participates in the defense of the claim at
trial, that party is responsible for all costs.
o For non-government-owned utilities,
The UAO shall indemnify, defend and hold harmless the FOOT and all of its
officers, agents and employees from any claim, loss. damage, cost, charge or
expense arising out of any acts, action, error, neglect or omission by the UAO, its
agents, employees, or subcontractors during the performance of the Agreement,
whether direct or indirect, and whether to any person or property to which FDOT or
said parties may be subject, except that neither the UAO. its agents, employees or
subcontractors will be liable under this section for damages arising out of the injury
or damage to persons or property directly caused by or resulting from the
negligence of the FOOT or any of its officers agents or employees during the
performance of this Agreement.
P:=lnp. 11 ("If 14
. .. '~", I " ,'.~' ~.... 'I ,." '., .'. ' , '. . .' l. .'" t, ...
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
FOtmNo. 7t~I().22
VTIUTIES
02M
The UAO's obligation to indemnify, defend, and pay for the defense or at the
FDOT's option, to participate and associate with the FDOT in the defense and trial
of any damage claim or suit and any related settlement negotiations, shall arise
within seven (7) days of receipt by the UAO of the FOOT's notice of claim for
indemnification to the UAO. The notice of claim for indemnification shall be served
by certified mail. The UAO's obligation to defend and indemnify within seven (7)
days of such notice shall not be excused because of the UAO's inability to evaluate
liability or because the UAO evaluates liability and determines the UAO is not liable
or determines the FOOT is solely negligent. Only a final adjudication or judgment
finding the FOOT solely negligent shall excuse performance of this provision by the
UAO. The UAO shall pay all costs and fees related to this obligation and its
enforcement by the FOOT. The FOOT's delay in notifying the UAO of a claim shall
not release UAO of the above duty to defend.
9. Miscellaneous
a. Time is of essence in the performance of all obligations under this Agreement.
b. The Facilities shall at all times remain the property of and be properly protected and
maintained by the UAO in accordance with the current Utility Accommodation
Manual in effect at the time the Plans Package is prepared and the current utility
permit for the Facilities; provided, however, that the UAO shall not be obligated to
protect or maintain any of the Facilities to the extent the FOOT'S contractor has that
obligation as part of the Utility Work pursuant to the FDOrs specifications.
c. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow
public access to all documents, papers, letters, or other material subject to the
provisions of chapter 119, Rorida'Statutes, and made or received by the UAO in
conjunction -with this Agreement.
d. This Agreement constitutes the complete and final expression of the parties with
respect to the subject matter hereof and supersedes all prior agreements,
understandings, or negotiations with respect thereto, except that the parties
understand and agree that the FOOT has manuals and written policies and
procedures which may be applicable at the time of the Project and the relocation
of the Facilities.
e. This Agreement shall be governed by the laws of the State of Florida. Any provision
hereof found to be unlawful or unenforceable shall be severable and shall not affect
the validity of the remaining portions hereof.
f. All notices required pursuant to the terms hereof may be sent by first class United
States Mail, facsimile transmission, hand delivery, or express mail and shall be
deemed to have been received by the end of five business days from the proper
Pam~ 1? of 14
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11' ATE 01 f\.ORIOA "'AABWn 01 'MH$fOAr AnoN
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTIUlY EXPENSE)
sending thereof unless proof of prior actual receIpt Is provIded. The UAO shall have
a continuIng obllgatron to notify each Dlstrfct of the FOOT of the appropriate
persons for notices to be sent pursuant to thIs Agreement. Unless otherwIse
notified In writIng, notices shan be sent to the farrowIng addresses:
'omlNo. "Hlt-U
"""0
"""
If to the UAO:
.
Icm13Dher1scn
~tv 9f Cfearwater
gearwat9t Gas Systems
~yr1re Avenue
~rea(Wat9r. fL 33155
727-462-6~() axt. 240
If to the FOOT:
Hen'Y.bJ:fumbart. DIstrfct Vlilily EngIneer
Honda Departmooto.fJransportarlOO Me 7-820
lli.Q' ,N. Mc~orey Drive. T~F{orIda 33612
10. Certification
.
This document Is a printout of an FDOT fonn maintaIned In an erectronlc format and all
revisions therelo by the UAO In the form of addiUons, deletions or substitutIons are
reflected only In an Appendix entitfed -changes To For!1l Documenr and no change Is
made In the text of tile document IIseU. Hand notallons on affected portions of thfs
document may refer to changes renected In the above-named Appendix but are for
reference purposes only and do not change the leons of the documenL By signing this
document. the UAO hereby represents that no change has been made to the taxt of thIs
document except ~hrough the terms of the Appendix entitfed .Changes To Form
Document.. .
,
"
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year
first wri"en.
-.'"
Paoe 13 of 14
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~'A' t; v,. ~ LUH'UA Ut;t'AH I Mt:.H1 Of 1 RAN:iPOH I A lION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
'onnNo.710-0'GU
UTl.n1U
02m
.
UTILITY:
Countersigned:
City of Clearwater' Clearwater Gas System
BY:
Michael J. Roberto.
Brian J. Aungst, Mayor-Coomissioner
(Title: City Manager
)
(SEAL)
A TI'EST(s):
Approved as to Form and Legal Sufficiency:
) rd-~ ,
~ .
John Carassas, Assistant Clty Attorney
.
Cynthia E. Goudeau
(Tit1~: Ci ty Clerk
Recommend Approval by the District Utility Office
BY: (Signature)
DATE:
FOOT Approved as to Form and Legality
BY: (Signature)
DATE:
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature)
(Typed Name:
(Typed Title: _
DATE:
)
)
FEDERAL HIGHWAY ADMINISTRATION (If applicable)
BY:
DATE:
(Typed Name:
(Typed Title: _
)
)
J\OOC1\OOt9~19S0S9 32\71 OOt 022 gas
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Exhibit A
5192
Page 10f2
ExmBIT "A"
MEMORANDUM OF AGREEMENT
TIllS AGREEMENT, made and entered into this _ day , 199_, by and
between the State ofFJorida, Department of Transportation, hereinafter referred to as "DOT" and
the State of FlOlida, Department of Insurance, Division of Treasury, hereinafter referred to as
"Treasurer" and the City of Clearwater - Clearwater Gas System, hereinafter referred to as the
"Participant" .
WITNESSETH
WHEREAS, "DOT" is currently constructing the following project:
Financial Project ID: 256957-1-56-01
State Job. No.: 15150-3566
F.A.P. No.:
W.PJ. No.: 7117045
County: Pinellas
hereinafter referred to as the "Project".
WHEREAS, DOT and the Participant entered into a Joint Participation Agreement dated
, 199_, wherein DOT agreed to perform certain work on behalf of the
~ Participant in conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best
interest of the DOT and the Participant if an escrow account were established to provide funds for
the additional work performed on the Project on behalf of the Participant by DOT.
NOW THEREFORE, in consideration of the premises and the covenants contained herein
the parties agree to the following:
1. An initial deposit in the amount of $ 80,000 (EIGIfTY TlDlSAHD OOLWS ) will be made by
the "Participant" into an escrow account. Said escrow account will be opened by DOT on behalf
of the Participant in the name of the Florida Department of Transportation with the Department
of Insurance, Division of Treasury, Bureau of CoBateral Securities upon receipt of this
Memorandum of Agreement. Such account will be opened and shall be deemed an asset of DOT.
2. Other deposits will be made only by the Participant as necessary to cover the cost of the
~UHE RElDCAUJN work prior to the execution of any Supplemental Agreements.
3. All deposits shall be made payable to the Department of Insurance. Revenue Processing
and mailed to the DOT Office of Comptroller for appropriate processing at the foJJowing address:
:,~ '
/
Exhibit A
5/92
Page 20f2
FLORIDA DEPARTMENT OF TRANSPORTATION
Office of Comptroller (M.S. 24)
605 Suwannee Street
Tallahassee, Florida 32399-0450
ATI'N: JPA Coordinator
A copy of this Agreement shall accompany the deposits.
4. The DOT's Comptroller and/or his designees shall be the sole signatories on the escrow
account with Department of Insurance and shall have sole authority to authorize withdrawals from
said account.
5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow
account shall remain in the account for the purposes of the project as defined in the JP A.
6. The Treasurer agrees to provide written confirmation of receipt of funds to the DOT.
7. The Treasurer's Office further agrees to provide periodic reports to the DOT.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF INSURANCE
DIVISION OF TREASURY
PARTICIPANT SIGNATURE
Michael J. Roberto. City Manager
PARTICIPANT ADDRESS
112 S. Osceola Avenue
Clearwater. FL 33755
59-6000289
FEDERAL TAX I.D.
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Item #17
O~:3Q
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fW 1--
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item # n
Meeting Date: 09/07/99
SUBJECT/RECOMMEN OA liON:
Appro'v'e the Utility Work by Highway Contractor Agreement with the State of Florida Department of
Transportation for the relocating of existing water and sewer facilities impacted by the FOOT project
located at S.R. 55 (U.S. 19) and Drew Street for an estimated $757,982, and adopt Resolution #99-40,
r&J and that the appropriate officials be authorized to execute same.
SUMMARY:
· The Florida Department of Transportation (FOOT) has designed the intersection improvement of S.R. 55
(U.S. 19) at Drew Street. The proposed improvements will include an overpass crossing Drew Street.
Construction is currently scheduled to begin in April 2000. This roadway improvement project will
necessitate the relocation or adjustment of the City's water and sanitary sewer mains and appurtenances
within the project limits. The City of Clearwater's Engineering Department has coordinated the design for
these utility accommodations with FOOT representatives. FOOT will receive bids for the combined
roadway improvement and utility relocation work and make award of bid to the low bidder.
G The amounts included on this agenda itenl are the engineer's estimate and the exact costs will be
determined by the contractor's bid. Project will be competitvely bid by FOOT. The breakout of the
engineer's estimate is as follows:
Capital Proiect:
Water Line Relocation:
Sanitary Utility Relocation
Expense Code:
315-96742..563800-533-000
315-96634-563800-535-000
Total
Amount:
$328,482.00
$429,500.00
$757,982.00
r
-
, Attachments
Resolution #99-40
OP
Other
Risk Mgmt
,0vl
N/A
Info Srvc
Public Works
DCWACM
t
Originating Dept: ,
,
Public Works
User Dept.
Public Works
Costs
Total $757,982.00
Reviewed by:
Legal ~~
Budget
Purchas i ng
'+t'~''"'\
Current $757,982.00
FY
Funding Source:
CI X
Other
Submitted by:
City Manager
o None
Appropriation Code:
J 15-96742-563800-53-000
315-96634-563800-535-00
Rev. 2/98
.~~~'
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RESOLUTION NO. 99-40
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE UTILITY WORK BY HIGHWAY CONTRACTOR
AGItEEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE RELOCATION OF EXISTJ:NG WATER
AND SEWER FACILJ:TIES WITBJ:N THE S.R. 5S (U.S. 19) AND
DREW STREET PROJECT LIMITS, PROVIDING AN EFFECTJ:VE
DATE.
WHEREAS, the State of
Transportation, hereinafter referred
construct or improve S.R. 55 (U.S. 19)
referred to as the "Project"; and
Florida Department of
to as FOOT, proposes to
at Drew Street, hereinafter
WHEREAS, in order for the FOOT to proceed wi th their
Project, it is necessary for the City of Clearwater to execute and
deli ver to FDOT the agreement identified as "Utili ty Work By
Highway Contractor Agreement," hereinafter referred to as the
"Agreement"; and
WHEREAS, said Agreement is in the best interest of the
City of Clearwater.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That the application of the State of Florida
Department of Transportation for a Utility Work By Highway
Contractor Agreement is for transportation purposes which are in
the public or community interest and for public welfare; that an
agreement of utility interest, or interests, in favor of the State
of Florida Department of Transportation, in the City of
Clearwater, Florida, should be drawn and executed by the City
Commission.
Section 2. A certified copy of this Resolution shall be
forwarded forthwith to the State of Florida Department of
Transportation at Tallahassee, Florida.
Section 3. This
immediately upon adoption.
resolution
shall
take
effect
.' , , ): .,. .. ,'~ t I' '
PASSED AND ADOPTED this
day of
~
,
1999.
Brian J. Aungst, Mayor-Commissioner
Approved as to form: Attest:
~C-/- -
----
Jo .- - arassas ---'
Cynthia E. Goudeau
Assistant City Attorney City Clerk
~ , . >. " .". I. ' ,I: ,...., .It \ \. .' . '.. ..... ".'
f w :l-- STATE OF FlORIDA DEPARTMENT OF lRANSl'ORTATIOH \ 1.......... "...,..,
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT ~
(AT UTILITY EXPE_NSE)
Financial Project ID: 256957.1-56-07
Work Program Item No. (old): 7117045
State Job No. (old): 15150-3566
Federal Project 10:
County/Section No: 15 150
District Document No:
"
THIS AGREEMENT, entered into this _day of , year of , by and
between the STATE OF FLORIDA DEPARTMENT OFTRANSPORTAnON, hereinafter referred to as
the IFOOr, and CITY OF CLEARWATER WATER AND SEWER DEPARTMENTS, hereinafter referred
to as the .UAO.;
WITNESSETH:
WHEREAS, the FOOT, is constructing, reconstructing, or otherwise changing a portion of a
public road or publicly owned rail corridor, said project being identified as U.S. 19 (at Drew Street), State
Road No.: 55, hereinafter referred to as the .Project-; and
WHEREAS, the UAO owns or desires to install certain utility facilities which are located within
the limits of the Project hereinafter referred to as the IIFacilities. (said term shall be deemed to include
utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this
Agreement); and
WHEREAS, the Project requires the location (vertically and/or horizontally), protactfon,
relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter
referred to as "Utility Work-; and
WHEREAS, the FOOT and the UAO desire to enter into a joint agreement pu~uanttoSection
337.403(1)(b) of the Rorida Statutes for the Utility Work to be accomplished by the FDOrs contractor
as part of the construction of the Project;
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs
associated with the Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein, the FOOT and the UAO hereby agree as foUows:
1. Design of Utility Work
a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design,
Page 1 of 14
Sf ATe OF FLORIDA OEPI\RTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
tAT UTILITY EXPENSE)
Fonn No. 71CHl1o.l2
\ITU1lES
ClI2M
plans, technical special provisions, a cost estimate, and a contingency utility
relocation schedule (said contingency schedule to be used in the case of a bid
rejection) for the Utility Work (hereinafter referred to as the .Plans Packagej on or
before August 9, year of 1999.
b. The Plans Package shall be in the same format as the FDOrs contract documents
for the Project and shall be suitable for reproduction.
c. Unless otherwise specifically directed in writing, the Plans Package shall include
any and all activities and work effort required to perfonn the Utility Work, including
but not limited to, all clearing and grubbing, survey work and maintenance of traffic.
d. The Plans Package shall be prepared in compliance with the FDOrS the Utility
Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the
time the Plans Package is prepared, and the FDOT's contract documents for the
Project. If the FDOrS Plans Preparation Manual has been updated and conflicts
with the Utility Accommodation Manual, the Utility Accommodation Manual shall
apply where such conflicts exist.
9. The technical special provisions which are a part of the Plans Package shall be
prepared in accordance with the FOOTs guidelines on preparation of t~hnical
special provisions and shall not duplicate or change the generaJ contracting
provisions of the FOOT's Standard Specifications for Road and Bridge Construction
and any Supplemental Specifications, Special Provisions, or Developmental
Specifications of the FOOT for the Project.
f. UAO shall provide a copy of the proposed Plans Package to the FOOT, and to such
other right of way users as designated by the FOOT, for review at tf:le following
stages: Phase IV submittal. Prior to submission of the proposed Plans Package for
review at these stages, the UAO shall send the FOOT a work progress schedule
explaining how the UAO will meet the FOOTS production sChedule. The work
progress schedule shall include the review stages, as well as other milestones
necessary to complete the Plans Package within the time specified in subparagraph
a. above.
g. In the event that the FOOT finds any deficiencies in the Plans Package during the
reviews performed pursuant to subparagraph f. above, the FOOT will notify the UAO
in writing of the deficiencies and the UAO will correct the deficiencies and return
corrected documents within the time stated in the notice. The FDOT's review and
approval of the documents shall not relieve the UAO from responsibility for
subsequently discovered errors or omissions.
h. The FOOT shall furnish the UAO such information from the FOOTs files as
Page 2 of 14
STATE OF FlORJOA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
requested by the UAO; however, the UAO shall at all times be and remain solely
responsible for proper preparation of the Plans Package and for verifying all
information necessary to properly prepare the Plans Package, including survey
information as to the location (both vertical and horizontal) of the Facilities. The
providing of information by the FOOT shall not relieve the UAO of this obligation nor
transfer any of that responsibility to the FOOT.
Form No. 710.("()'22
UTIJTES
0ZIIlt
i. The Facilities and tile Utility Woft will 'include all utility facilities of the UAO which
are located within the limits of the Project, except as generally summarized as
follows: IJ""'e.
These exceptions shall be handled by separate arrangement.
j. If any facilities of the UAO located within the project limits are discovered after work
on the project commences to be qualified for relocation at the FDOrS expense, but
not previously identified as such, the UAO shall file a claim with the FDOT for
recovery of the cost of relocation thereof. The filing of the claim shall not
necessarily entitle the UAO to payment and resolution of the claim shall be based
on a determination of fault for the error. The discovery of facilities not previously
identified as being qualified for relocation at the FOOrS expense shall not
invalidate this Agreement.
k. The UAO shall fully cooperate with all other right of way users in the preparation of
the Plans Package. Any conflicts that cannot be resolved through cooperation ~hall
be resolved in the manner determined by the FDOT.
I. Upon completion of the Utility Work, the Facilities shall tJe deemed to be located on
. the public road or publicly owned rail corridor under and pursuant to the Utility
Permit :
(Note: It is the intent of this Un'e to allow either attachment of or separate reference
to the permit).
Page 3 of 14
2. Perlormance of Utility \'Vork
a. The FOOT shall incorporate the Plans Package Into its contract for construction of
the Project.
b. The FOOT shall procure a contract for construction of the Project in accordance with
the FDOT's requirements.
c. If the portion of the bid of the contractor selected by the FDOT which is for
performance of the Utility Work exceeds the FDOT'S official estimate for the Utility
.. .
'':',1
STATE OF Fl.ORJOA DEPARTMENT OF TRAHSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Fonn No. 710-010.22
UTUTlEa
D:Z.98
Work by more than ten percent (10%) and the FOOT does not elect to participate
in the cost of the Utility Work pursuant to Section 337.403(1)(b) of the Florida
Statutes, the UAO may elect to have the Utility Work removed from the FDOTs
contract by notifying the FDOT in writing within 10 days from the date that the UAO
is notified of the bid amount. Unless this election is made, the Utility Work shall be
performed as part of the Project by the FOOTs contractor.
d. If the UAO elects' to remove the Utility Work from the FOOT's contract in
accordance with subparagraph 2. c., the UAO shall perform the Utility Work
separately pursuant to the terms and conditions of the FDOrs standard relocation
agreement, the terms and conditions of which are incorporated herein for that
purpose by this reference, and in accordance with the contingency relocation
schedule which is a part of the Plans Package. The UAO shall proceed
immediately with the Utility Work so as to cause no delay to the FOOT or the
FDOrs contractor in constructing the Project.
s. The UAO shall perform all engineering inspection. testing, and monitoring of the
Utility Work to insure that it is properly performed in accordance wnh the Plans
Package, except for the following activities:
NONE
and will furnish the FOOT with daily diary records showing approved quantities and
amounts for weekly, monthly, and final estimates in accordance with the format
required by FOOT procedures.
f. Except for the inspection, testing, monitoring and reporting to be performed by the
UAO in accordance with subparagraph 2. e., the FOOT will perform all contract
administration for its construction contract.
g. The UAO shall fully cooperate with the FOOT and the FOOT's contractor in all
matters relating to the performance of the Utility Work.
h. The FDOT'S engineer has full authority over the Project and the UAO shall be
responsible for coordinating and cooperating with the FDOT'S engineer. In so
doing, the UAO shall make such adjustments and changes in the Plans Package
as the FOOT'S engineer shall determine are necessary for the prosecution of the
Project.
i. The UAO shall not make any changes to the Plans Package after the date on which
the FOOT'S contract documents are mailed to Tallahassee for advertisement of the
Project unless those changes fall within the categories of changes which are
Page 4 of 14
.~...
STATE OF Fl.ORIOA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
fornI No. 7to.oto.22
UTlJTllES
0:2M
allowed by supplemental agreement to the FDOT'S contract pursuant to Section
337.11 of the Florida Statutes. All changes, regardless of the nature of the change
or the timing of the change, shall be subject to the prior approval of the FOOT.
3. Cost of Utility Work
8. The UAO shall be responsible for all costs of the Utility Work aild all costs
associated with any adjustments or changes to the Utility Work detennined by the
FDOrs engineer to be necessary, Including, but not limited to the cost of changing
the Plans Package and the increase in the cost of performing the Utility Work,
unless the adjustments or changes are necessitated by an error or omission of the
FOOT. The UAO shall not be responsible for the cost of delays caused by such
adjustments or changes unless they are attributable to the UAO pursuant to
subparagraph 4.a.
b. The initial estimate of the cost of the Utility Work is $ C,211 2" # E:. At such
time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of
the amount of the official estimate for the Utility Work. Upon being notified of the
official estimate, the UAO shall have five (5) working days within which to accept the
official estimate for purposes of making deposits and for determining any possible
contribution on the part of the FOOT to the cost of the Utility Work, or to elect to
have the Utility Work removed from the FDOT'S contract and performed separately
pursuant to the terms and conditions set forth in subparagraph 2. d. hereof.
c. At least seven (7) calendar days prior to the date on which the FDOT advertises the
Project for bids, the UAO will pay to the FOOT an amount equal to the FOOT'S
official estimate; plus 5% for mobilization of equipment for the Utility Work. 2% for
additional maintenance of traffic costs for the Utility Work, and 50/0 for administrative
costs of field work, tabulation of quantities. Final Estimate processing and Project
accounting (said three amounts for mobilization, maintenance of traffic and
administrative costs to be hereinafter collectively referred to as the -Allowancesj;
plus 100/0 of the official estimate for a contingency fund to be used as hereinafter
provided for changes to the Utility Work during the construction of the Project (the
"Contingency Fundj.
d. Payment of the funds pursuant to this paragraph will be made (choose one):
directly to the FOOT for deposit into the State Transportation Trust
Fund. .
X as provided in the attached Memorandum of Agreement between
UAO, FDOT and the State of Florida, Department of Insurance,
Division of Treasury. Deposits of less than $100,000.00 must be pre-
Page 5 of 14
~.\) ,
STATE OF FlORIDA DEPARTMENT OF TRAASPORT AllOH
UTiliTY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
approved by the FOOT Comptroller's Office prior to execution of this
agreement.
Form No. 710.010.22
UTlJTD
CleW
e. If the portion of the contractor's bid selected by the FDOT for performance of the
Utility Work exceeds the amount of the deposit made pursuant to subparagraph c.
above, then subject to and in accordance with the limitations and conditions
established by subparagraph 2. c. hereof regarding FDOT participation in the cost
of the Utility Work and the UAO's election to remove the Utility Work from the
Project, the UAO shall, within fourteen (14) calendar days from notification from the
FOOT or prior to posting of the accepted bid, whichever is eartier, pay an additional
amount to the FDOT to bring the total amount paid to the total obligation of the UAO
for the cost of the Utility Work, plus Allowances and 100/0 Contingency Fund. The
FDOT will notify the UAO as soon as It becomes apparent the accepted bid amount
plus allowances and contingency is in excess of the ~dvance deposit amount;
however, failure of the FDOT to so notify the UAO shall not relieve the UAO from
its obligation to pay for its full share of project costs on final accounting as provided
herein below.
f. If the accepted bid amount plus allowances and contingency is less than the
advance deposit amount, the FOOT will refund the amount that the advance deposit
exceeds the bid amount plus allowances and contingency if such refund is
requested by the UAO in writing and approved by the Comptroller of the FOOT or
his designee.
g. Should contract modifications occur that increase the UAO's share of total project
costs, the UAO will be notified by the District accordingly. The UAO agrees to
provide, in advance of the additional work being performed, adequate funds to
ensure that cash on deposit with the FOOT is sufficient to fully fund its share of the
project costs. The FOOT shall notify the UAO as soon as it becomes apparent the
actual costs will overrun the award amount; however, failure of the FDOT to so
notify the UAO shall not relieve the UAO from its obligation to pay for its full share
of project costs on final accounting as provided herein below.
h.
The FOOT may use the funds paid by the UAO for payment of the cost of the Utility
Work. The Contingency Fund may be used for increases in the cost of the Utility
Work which occur because of quantity overruns or because of adjustments or
changes in the Utility Work made pursuant to subparagraph 2. h. Prior to using any
of the Contingency Fund, the FOOT will obtain the written concurrence of the
person delegated that responsibility by written notice from the UAO. The delegatee
shall respond immediately to all requests for written concurrence. If the delegatee
refuses to provide written concurrence promptly and the FDOT determines that the
work is necessary, the FOOT may proceed to perform the work and recover the cost
thereof pursuant to the provisions of Section 337.403(3) of the Florida Statutes. In
"
Page 6 of 14
STATe OF FlORIDA DEPARTMeNT OF TRANSPORTAT1ON
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14)
calendar day from notification from the FOOT, pay to the FOOT an additional 1 0%
of the total obligation of the UAO for the cost of the Utility Work established under
subparagraph 3. e. for future use as the Contingency Fund.
FonnNo.710.010022
UTlJTIES
02JN
i. Upon final payment to the Contractor, the FOOT intends to have its final and
complete accounting of all costs incurred in connection with the work performed
hereunder within three hundred sixty (360) days. All project cost records and
accounts shall be subject to audit by a representative of the UAO for a period of
three (3) years after final close out of the Project. The UAO will be notified of the
final cost Both parties agree that in the event the final accounting of total project
costs pursuant to the terms of this agreement is less than the total deposits to date,
a refund of the excess will be made by the FOOT to the UAO in accordance with
Section 215.422, Ronda Statutes. In the event said final accounting of total project
costs is greater than the total deposits to date, the UAO will pay the additional
amount within forty (40) calendar days from the date of the invoice. The UAO
agrees to pay interest at a rate as established pursuant to Section 55.03, Florida
Statutes, on any invoice not paid within the time specified in the preceding sentence
until the invoice is paid.
j. The FOOT shall have the right to retain out of any payment due the UAO under this
Agreement an amount sufficient to satisfy any amount due and owing to the FOOT
by the UAO on any other Agreement between the UAO and the FOOT, whether
existing now or in the future.
4. Claims Against UAO
a. The UAO shall be responsible for all costs incurred as a result of any
delay to the FOOT or its contractors caused by errors or omissions in
the Plans Package (including inaccurate location of the Facilities) or
by failure of the UAO to properly perform its obligations under this
Agreement in a timely manner.
b. In the event the contractor provides a notice of intent to make a claim
against the FOOT relating to the Utility Work, the FOOT will notify the
UAO of the notice of Intent and the UAO will thereafter keep and
maintain daily field reports and all other records relating to the
intended claim.
c. In the event the contractor makes any claim against the FOOT relating
to the Utility Work, the FOOT will notify the UAO of the claim and the
UAO will cooperate with the FOOT in analyzing and resolving the
claim within a reasonable time. Any resolution of any portion of the
Page 7 of 14
STATE OF FlORIOA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE) ._
claim directly between the UAO and the FOOT'S contractor shall be
in writing, shall be subject to written FOOT concurrence and shan
specify the extent to which it resolves the claim against the FOOT.
d. The FOOT may withhold payment of surplus funds to the UAO until
final resoll:ltion (including any actual payment required) of all claims
relating to the Utility Work.
Foml No. 7tcHlt ()'22
UTUT1ES
0I2M
5. Out of Service Facilities
No Facilities shall be placed out of service unless specifically identified as such in the
Plans. The following terms and conditions shall apply to Facilities placed Out-of-Service:
a. The UAO acknowledges its present and continuing ownership of and
responsibility for out of service Facilities.
b. The FOOT agrees to allow the UAO to leave the Facilities within the
right of way subject to the continuing satisfactory performance of the
conditions of this Agreement by the UAO. In the event of a breach of
this Agreement by the UAO, the Facilities shall be removed upon
demand from the FDOT in accordance with the provisions of
subparagraph e. below.
c. The UAO shall take such steps to secure the Facilities and otherwise
make the Facilities safe in accordance with any and all applicable
local, state or federal laws and regulations and in accordance with the
legal duty of the UAO to use due care in its dealings with others. The
UAO shall be solely responsible for gathering all information
necessary to meet these obligations.
d. The UAO shall keep and preserve all records relating to the Facilities,
including, but not limited to, records of the location, nature of. and
steps taken to safely secure the Facilities and shall promptly respond
to information requests of the FDOT or other pennitees using or
seeking use of the right of way.
e. The UAO shall remove the Facilities at the request of the FOOT in the
event that the FOOT detennines that removal is necessary for FOOT
use of the right of way or in the event that the FOOT determines that
use of the right of way is needed for other active utilities that cannot
be otherwise accommodated In the right of way. Removal shall be at
the sole cost and expense of the UAO and without any right of the
UAO to object or make any claim of any nature whatsoever with
regard thereto. Removal shall be completed within the time specified
Page 8 of 14
STATE OF FlORIOA DEPAAntENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT U~llITY EXPENSE)
in the FOOTs notice to remove. In the event that the UAO fails to
perform the removal property within the specified time, the FDOT may
proceed to perform the removal at the UAO's expense pursuant to the
provisions of Sections 337.403 and 331.404 of the Rorida Statutes.
f. Except as otherwise provided in subparagraph 9. above, the UAO
agrees that the Facilities shall forever remain the legal and financial
responsibility of the UAO. The UAO shall reimburse the FDOT for
any and all costs of any nature whatsoever resulting from the
presence of the Facilities within the right of way. Said costs shall
include, but shall not be limited to. charges or expenses which may
result from the future need to remove the Facilities or from the
presence of any hazardous substance or material in or discharging
from the Facilities.
,
6. Default
FonnHo.710.010.22
UTUTU
02.91
a. In the event that the UAO breaches any provision of this Agreement, then in
addition to any other remedies which are otherwise providea for in this Agreement,
the FOOT may exercise one or more of.the following options. provided that at no
time shall the FOOT be entitled to receive double recovery of damages:
1. Terminate this Agreement if the breach is material and has not been cured
within sixty (60) days from written notice thereof from FOOT.
2. Pursue a claim for damages suffered by the FOOT or the public.
3. If the Utility Work is reimbursable under this Agreement, withhold
reimbursement payments until the breach is cured.
4. If the Utility Work is reimbursable under this Agreement, offset any damages
suffered by the FOOT or the public against payments due under this
Agreement for the same Project. Payments due under this Agreement for
Projects other than the one under which tile breach occurred may be
withheld pending resolution of the merits of the breach.
5. Suspend or terminate the issuance of further permits to the UAO for the
placement of Facilities on FDOT property if the breach is material and has
not been cured within sixty (60) days from written notice thereof from FOOT.
6. Pursue any other remedies legally avaifable.
1. Perform any work with its own forces or through contractors and seek
repayment for the cost thereof under Section 337.403(3) of the Rorida
Page 9 of 14
STATE OF FlORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
FornI No. 71H'o.22
UT1lI11ES
0Vl)I
Statutes.
b. In the event that the FDOT breaches any provision of this Agreement, then in
addition to any other remedies which are otherwise provided for In the Agreement,
the UAO may exercise one or more of the following options:
1. Terminate this Agreement if the breach is material and has not been cured
within sixty (60) days from written notice thereof from the UAO.
2. If the breach is a . failure to pay an invoice for Utility Work which is
reimbursable under this Agreement, pursue any statutory remedies that the
UAO may have for failure to pay invoices.
3. Pursue any other remedies legally available.
c. Termination of this Agreement shan not relieve either party from any obligations it
has pursuant to other agreements between the parties nor from any statutory
obligations that either party may have with regard to the subject matter hereof.
7. Force Majeure
Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under
this Agreement to the extent such performance is prevented by an act of God, war, riots,
natural catastrophe, or other event beyond the control of the non-perfonning party and
which eQuId not have been avoided or overcome by the exercise of due diligence; provided
that the party claiming the excuse from performance has (a)promptly notified the other
party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the
effect of the occurrence to the extent possible, and (c) resumed performance as soon as
possible.
0...,...,... i f"\ ,..., 1 A
.;;'t~
STATE OF FlORIO~ DEPARn4ENT OF TRANSPORT~noN
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
FoIm No. 710.010.22
UTU1lES
0V8I
8. Indemnification
Check one of the appropriate boxes 0 below:
.x For government-owned utilities,
To the extent provided by law, the UAO shall indemnify, defend and hold harmless
the FDOT and all of its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any acts, action, error, neglect or
omission by the UAO, its agents, employees, or subcontractors during the
performance of the Agreement, whether direct or indirect, and whether to any
person or property to which FDOT or said parties may be subject, except that
neither the UAO, its agents, employees or subcontractors will be liable under this
section for damages arising out of the injury or damage to persons or property
directly caused by or resulting from the negligence of the FOOT or any of its officers
agents or employees during the perlormance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused
by the UAO in the performance of services required under this Agreement, the
FOOT will immediately forward the claim to the UAO. The UAO and the FOOT will
evaluate the claim and report their findings to each other within fourteen (14)
working days and will jointly discuss options in defending the claim. After reviewing
the claim, the FDOT will determine whether to require the participation of the UAO
in the defense of the claim or to require the UAO to defend the FOOT in such claim
as described in this section. The FOOTs failure to notify the UAO of a claim shall
not release the UAO from any of the requirements of this section. The FOOT and
the UAO will pay their own costs for the evaluation, settlement negotiations, and
trial, if any. However. if only one party participates in the defense of the claim at
trial, that party is responsible for all costs.
n",,..,... 1 1 ,...f 1 A
o For non-government-owned utilities,
The UAO shall indemnify, defend and hold harmless the FDOT and all of its
officers, agents and employees from any cfaim, loss, damage, cost, charge or
expense arising out of any acts, action, error, neglect or omission by the UAO, its
agents, employees, or subcontractors during the performance of the Agreement,
whether direct or indirect, and whether to any person or property to which FOOT or
said parties may be subject, except that neither the UAO, its agents, employees or
subcontractors will be liable under this section for damages arising out of the injury
or damage to persons or property directly caused by or resulting from the
negligence of the FOOT or any of its offICers agents or employees during the
performance of this Agreement.
!(:'
STATE OF FLORIDA DePARTMENT Of TRANSpORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Fotm No. 710.010.22
UTl.IT1ES
02m
The UAO's obligation to indemnify, defend, and pay for the defense or at the
FDOTs option, to participate and associate with the FOOT in the defense and trial
of any damage claim or suit and any related settlement negotiations, shall arise
within seven (7) days of receipt by the UAO of the FDOT's notice of claim for
indemnification to the UAO. The notice of claim for indemnification shall be served
by certified mail. The UAO's obligation to defend and indemnify within seven (7)
days of such notice shall not be excused because of the UAO's inability to evaluate
liability or because the UAO evaluates liability and determines the UAO is not liable
or determines the FDOT is solely negligent. Only a final adjudication or Judgment
finding the FDOT solely negligent shall excuse performance of this provision by the
UAO. The UAO shall pay all costs and fees related to this obligation and its
enforcement by the FDOT. The FDOTs delay in notifying the UAO of a claim shall t
not rerease UAO of the above duty to defend.
9. Miscellaneous
a. Time is of essence in the performance of all obligations under this Agreement.
b. The Facilities shall at all times remain the property of and be property protected and
maintained by the UAO in accordance with the current Utility Accommodation
Manual in effect at the time the Plans Package is prepared and the current utility
permit for the Facilities; provided, however, that the UAO shall not be obligated to
protect or maintain any of the Facilities to the extent the FDOrS contractor has that
obligation as part of the Utility Work pursuant to the FDOrs specifications.
c. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow
public access to an documents, papers, letters, or other material subject to the
provisions of chapter 119, Florida Statutes, and made or received by the UAO in
conjunction with this Agreement.
d. This Agreement constitutes the complete and final expression of the parties with
respect to the subject matter hereof and supersedes all prior agreements,
understandings, or negotiations with respect thereto, except that the parties
understand and agree that the FOOT has manuals and written policies and
procedures which may be applicable at the time of the Project and the relocation
of the Facilities.
e. This Agreement shall be governed by the laws of the State of Florida. Any provision
hereof found to be unlawful or unenforceable shall be severable and shall not affect
the validity of the remaining portions hereof.
f. All notices required pursuant to the tenns hereof may be sent by first class United
States Mail, facsimile transmission, hand delivery, or express mail and shall be
deemed to have been received by the end of five 'business days from the proper
r-.___..."'.c.. A
Ii,'
STATE OF FlORIDA OEPART\tENT OF TRANSPORT ATlON
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Fotm No. 110-01~Z2
UTlJTES
02.91
sending thereof unless proof of prior actual receipt Is provided. The UAO shall have
a continuing obligation to notify each District of the FOOT of the appropriate
persons for notices to be sent pursuant to this Agreement. Unless otherwise
notified in writing, notices shall be sent to the following addresses:
If to the UAO:
M~. Mashid Arasteh
Citx of ~learwat9r
Water and Sewer Departments
1QO 81. Myrtia Avenue
Clearwater. FL 33756
727-592-4747
If to the FOOT:
Henry E. Humbert. District Utility Engineer
Aorida Department of Transportation Me 7-820
11201 N. McKinley Drive. Tampa. Aorida 33612
10. Certification
This document is a printout of an FOOT form maintained in an elec1ronic format and all
revisions thereto by the UAO in the fonn of additions, deletions or substitutions are
reflected only in an Appendix entitled -Changes To Form Documenr and no change is
made in the text of the document itself. Hand notations on affected portions of this
document may refer to changes renacted in the above-named Appendix but are for
reference purposes only and do not change the terms of the document. By signing this
document, the UAO hereby represents that no change has been made to the text of this
document except through the terms of the Appendix entitled -Changes To Form
Document. ·
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year
first written.
lJTILITY: CITY OF CLEARWATER. FLORIDA
BY:
Michael J. Roberto, City Manager
AlTEST:
Cynthia E. Goudea~ City Clerk
Counter-Signed:
Appr9.y~~ta..s to form:
cpc ~
John Carassas, Assistant City Attorney
Brian 1. Aungst, Mayor-Commissioner
Page 13 of 14 .
1~'
,/- ,',
STATE OF FlORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BV HIGHWAY CONTRACTOR AGREEME.NT
(AT UTILITY EXPENSE)
Recommend Approval by the District Utility Office
BY: {$Ignature)
DATE:
~
FOOT Approved as to Form and Legality
BY: {Signature)
DATE:
District Counsel
.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: {Signature)
(Typed Name:
(Typed Title:
DATE:
)
)
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY:
DATE:
(Typed Name:
(Typed Title:
)
)
.t1DOC 1\00 I 95'.00 195059.32\71 00 1022.clw
P~nc. 111 "f 1 Ii
FomINo. 71~1O-ZZ
- UTIUT1ES
02JIIt
Exhibit A
5/92
Page 1 of 2
EXHIBIT itA"
MEMORANDUM OF AGREEMENT
TIllS AGREEMENf, made and entered into this _ day , 199_, by and
between the State of Florida, Depcutment of Transportation, hereinafter referred to as "ooT" and
the State of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as
"Treasurer" and the City of Clearwater Water and Sewer Departments, hereinafter referred to as
the "Participant".
WITNESSE'm
WHEREAS, "DOT" is currently constructing the following project:
Financial Project ID: 256957-1-56-07
State Job. No.: 15150-3566
F.A.P. No.:
W.P.I. No.: 7117045
County: PinelJas
hereinafter referred to as the "Project".
WHEREAS, DOT and the Participant entered into a Joint Participation Agreement dated
, 199_, wherein DOT agreed to perfonn certain work on behalf of the
Participant in conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best
interest of the DOT and the Participant if an escrow account w~re established to provide funds for
the additional work perfonned on the Project on behalf of the Participant by DOT.
3. All deposits shall be made payable to the Department of Insurance. Revenue Processing
and mailed to the DOT Office of Comptroller for appropriate processing at the fonowing address:
NOW THEREFORE, in consideration of the premises and the covenants contained herein
the parties agree to the following:
1. An initial deposit in the amount of $ ( ) will be made by
the "Participant" into an escrow account. Said escrow account will be opened by DOT on behalf
of the Participant in the name of the Florida Department of Transportation with the Department
of Insurance, Division of Treasury, Bureau of Collateral Securities upon receipt of this
Memorandum of Agreement. Such account will be opened and shall be deemed an asset of DOT.
2. Other deposits will be made only by the Participant as necessary to cover the cost of the _iwork prior to the execution of any Supplemental Agreements.
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Exhibit A
5192
Page 2 of2
FLORIDA DEPARTMENT OF TRANSPORTATION
Office or Comptroller (M.S. 24)
605 Suwannee Street
TaDa~ Florida 32399-0450
A TTN: JPA Coordinator
A. copy of this Agreement shall accompany the deposits.
4. The DOT's Comptroller and/or his designees shall be the sole signatories on the escrow
account wit.l1 Department' of Insurance and shall have sole authority to authorize withdrawals from
said account.
5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow
account shall remain in the account for the purposes oCtile project as defined in the JPA.
6. The Treasurer agrees to provide written confirmation of receipt of funds to the DOT.
7. The Treasurer's Office further agrees t() provide periodic reports to the DOT.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF INSURANCE
DIVISION OF TREASURY
pTY OF CLEARWATER. FLORIDA
BY:
Michael J. Roberto, City Manager
ATTEST:
Cynthia E. Goudeau, City Clerk
Counter-Signed:
Approved as to form:
~~-~> ~
Jo Carassas, Assistant City Attorney
Brian J. Aungst, Mayor-Commissioner
FEDERAL TAX lD.
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Interoffice Correspondence Sheet
To:
Mayor and Commissioners
Rowland Herald, Fire Chief C;eC"'~
Michael Roberto, City Manager
Bill Home, Assistant City Manager
Date: September 9,1999
From:
CC:
RE: Pinellas County/City of Clearwater Fire Protection Services Agreement
As of the September 13, 1999 work session, the unresolved issues with the Fire Protection
Services Agreement are;
The budget change issue
Fire station locations
Local training requirements
Between the work session and the next Commission meeting on September 16, 1999 there
will be a meeting to resolve these issues. This meeting will be attended by the County
Administrator and related county staff, the City Manager, City Legal and myself. It is hoped
and probable that these issues will be resolved at this meeting and before the next
commission meeting.
RH/ppv
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CLEARWA TER FIRE & RESCUE
Administration Division
Fire Protection Services Agreement
(Areas of concern)
. Under section of Definitions: "Fire Station", County seeks to require their approval
regarding the locations of new fire stations. We believe the decision of where to add
stations, should be determined solely by the City. Unresolved
. The County seeks authority to review, then make changes to our budget submissions.
We believe this commission has sole responsibility to formulate and approve a
budget. Unresolved
. Under section of Continuing Education and training: We want assurance that no
unfunded local training requirements are initiated by the county. Unresolved
. County seeks to include themselves in determining closest or most appropriate order
of unit dispatch. We believe this to be our sole responsibility. Resolved
. Automatic Aid/Closest Unit Response is a separate agreement between all cities
within Pinellas County. Proposal by County requires a commitment to this
agreelnent. We feel these agreements should remain separate. Resolved
. Under Section of Funding: Our concern is that this provision should not interfere with
the implementation of any type of alternative funding that may be approved by the
Commission at a later date. Resolved
. Under section concerning "Performance Deficiency": Contract language is vague as
to what constitutes "Deficient PerfOlmance." Resolved
. Insurance requirements have been increased in this contract. We need to assure
compensation from the county for this additional expense. Resolved
. Under section "Scope of Services", the County is requiring more services than in past
contracts, ie: Public education in fire prevention, life safety and disaster preparedness.
Resolved
. Literal interpretation of the verbiage in Appendix C could place the City in a position
of violating the agreement. Resolved
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Preliminary Agenda
. (W orksession)
0&51
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - 1 :00 P.M. - Monday, September 13, 1999
Service Awards
Convene as Pension Trustees:
1 . Call to Order
2. Approval of Minutes: 8/16/99
3. Request for acceptance into membership: Tony Simotes, Kathy LaBelle, Michael T. Conley,
Jeffrey Lucas, Robert Ackerman, Stacy Attwill, David Buchholz, Christalyn Johnson, Kimberly
Jones, Lucas Semple, Matt Carpenter, Daniel Campbell, Shawn Daniels, Rachel Batten, & Kelly
Hammer-Levy
4. Regular Pension to be granted: Sara Ruby
5. Pensions to be vested: Eugene M. Tobias, Jr. & James M. Lewin, Sr.
6. Other Business
7. Adjourn
Reconvene W orksession
PUR PURCHASING
AAA - A Painting, Inc., materials & labor to paint structures located at East Advanced Pollution
Control Facility, $36,399 (GSS)
Anderson and Shah Roofing, Inc., roof replacement at East Water Pollution Control Facility,
$26,000 (GSS)
Diesel Energy Systems, 2nd & Final renewal, service & maintenance of generators used
throughout City by all departments, 10/1/99-9/30/2000, est. $75,000 (GSS)
Sweeping Corporation of America, extension, street & parking lot sweeping at Clearwater Beach
and downtown, 10/1/99-9/30/2000, $127,980 (PW)
Angelo's Recycled Materials, d/b/a Frontier Recycling, extension, disposal of yard waste & other
materials suitable for recycling collected throughout City, 9/17/99-9/30/2000, est. $350,000
(SW)
Hughes Supply, misc. construction materials during remaining portion of contract ending
11/30/99, increase to est. $40,000 due to closure of Builders' Square (GSS)
Home Depot, misc. construction materials during remaining portion of contract ending 11/30/99,
increase to est. $40,000 due to closure of Builders' Square (GSS)
BU BUDGET
1 . Third Quarter Budget Review
a) First Reading Ord. #6444-99 - Amending the Operating Budget for Fiscal Year ending 9/30/99
b) First Reading Ord. #6445-99 - Amending Capital Improvement Program Report and Budget for
Fiscal Year ending 9/30/99
FD FIRE
1. Agreement with Pinellas County Fire Protection Authority to provide fire services
GAS GAS SYSTEM
1. Joint Project Agreement with FDOT, install natural gas mains for relocation during US19 at Drew
Street improvement project, est. $80,000; Res. #99-41 - authorizing execution of agreement and
acceptance of new city facilities; and placing of funds with FDOT for completion of utility
installation
9/13/99
1
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2. Contract for installation of gas mains & service lines to Mastec North America, Inc., $894,320;
and authorize transfer of funds from project 353-96314 - Pasco County Gas Mains & Service
Lines to project 353-96310 - Pinellas County Gas Mains & Service Lines, in the amount
$1 ,000,000
3. Agreement with Peoples Gas System, a division of Tampa Electric Company, approving purchase
of gas mains & service facilities at a cost not to exceed $ 26,1 57.29; and approve joint filing of
petition for Territorial Agreement with Florida Public Service Commission (Consent)
PD POLICE
1. Approve acceptance of one-year COPS MORE 98 Grant, for fiscal year 1999-2000, from US
Dept. of Justice, Office of Community Oriented Policing Services, $1,079,571 (Consent)
PR PARKS AND RECREATION
1 . Golf Course Report (WSO)
2. Authorize negotiation of lease with Chi Chi Rodriguez Youth Foundation, Inc. to operate Glen
Oaks Golf Course
PW PUBLIC WORKS
1. Approve utility work by Highway Contractor Agreement with FOOT for relocation of existing
water and sewer facilities impacted by US19 at Drew Street improvement project, $757,982;
Res. #99-40 - authorizing execution of agreement
2. Contract for Purchase of Property with Walton McLean Byars, Trustee, 917 Park Street, Magnolia
Park Sub., Blk 3, west % of Lot 5 and north 9.88' of vacated alley, for $90,000 plus est.
transaction expenses of $1,300 for total not to exceed $91,300 (Consent)
PLD PLANNING & DEVELOPMENT SERVICES
1 . Authorize designating Clearwater Neighborhood Housing Services (CNHS) a Community
Development Housing Organization (CHDO) and enter into a contract under provisions of
Cranston-Gonzalez National Affordable Housing Act of 1990
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6443-99 - Relating to Building Code Regulations; amending Sec. 47.051 by replacing 1993
National Electrical Code with adoption of 1999 National Electrical Code
2. Ord. #6446-99 - repealing anti-discrimination compliance program provisions of the City Code
OTHER CITY ATTORNEY ITEMS
City Manager Verbal Reports
Presentation(s} for Thursday Night
1. Update re Census 2000 effort in Pinellas County - David Walker
2. Senator Sullivan - Legislative Report
Other Commission Action
Adjourn
9/13/99
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Cleanvater City
Commission
Agenda Cover Memorandum
Final Agenda Item If:
9/13/99
Meeting Date: 9/16/99
SUBJECT/RECOMMENDA liON:
SERVICE AWARDS
and that the appropriate officials be authorized to execute same.
SUMMARY:
The following employees be presented with service awards for their length of service in the employment
of the City of Clearwater
BACKGROUND:
5 Years
Loren L. Pratt
Lori A. Metzner
Michael A. Calhoun
Joseph E. Hill
Public Works
Library
Solid Waste
Solid Waste
10 Years
Stephen C. Sarnoff
Michael A. Mitchell
Parks & Recreation
Solid Waste
15 Years
William C. Lueders
Tina G. Wilson
Parks & Recreation
Budget
20 Years
Dale R. Stoddard
Robert D. Barry
Johnny S. Jackson, Jr.
Mark E. Goheen
Police
Parks & Recreation
Public Works
Finance
35 Years
Howard W. Huff
Public Works
Reviewed by: Originating Dept: Costs
legal NA Info Tech I'JA Human Resources Total
Budget NA Publ ic Works NA User Dept. Funding Source:
Purchasing NA DCMlACM Captial Improvement Current Fiscal Year
Risk Mgmt NA Other NA Attachments Operating
Other
Appropriation Code:
o None
Rev. 2/98
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TO: Brian Aungst, Mayor
FROM: Susan Chase, City Clerk Specialist
COPIES: City Commissioners, Mike Roberto, Cyndie Goudeau
SUBJECT: Presentations at the September 13, 1999 Worksession
DATE: September 13, 1999
The following presentations will be made at the September 13, 1999 Worksession:
5 years
Lori A. Metzner, Library (letter of appreciation, City pin)
15 years
Tina G. Wilson, Budget (letter of appreciation, service plaque)
20 years
Robert D. Barry, Parks & Recreation (letter of appreciation, watch)
Mark E. Goheen, Planning and Dev. (letter of appreciation, watch)
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Interoffice Correspondence Sheet
To:
Mike Roberto, City Manager
From:
Kevin E. Dunbar, Parks & Recreation Director
Copies:
Bill Horne, Assistant City Manager
Arlita Hallam, Quality of Life Administrator
Art Kader, Parks & Recreation Assistant Director/Planni ng, Projects & Programs
Date:
September 9, 1999
Subject:
Suggested Agenda Item for City Commission Meeting 9/16/99 - City Golf Course Leases
Recommendations
BACKGROUND
Status of Leases
Clearwater Countl'Y Club - The current leaseholder is the Clearwater Country Club Inc., with a
lease expiring on May 1, 2002. Club members approached the City Commission to renegotiate
the lease with the Country Club. On June 17th the Commission directed staff to commence
negotiations with the Club to extend the current lease. Negotiations would be contingent on the
information gained from the findings of the National Golf Foundation Consulting, Inc. (NGF
Consulting) study as well as the Country Club reorganizing into another entity. The report from
NGF Consulting is now complete and the Club has requested that negotiations begin prior to final
reorganization of the Club.
Glen Oaks Golf Course - The current leaseholder is Chi Chi Rodriguez Youth Foundation, Inc.
The current relationship with the City is with a month-to-month lease, as the existing lease expired
on April 6, 1999. On May 17, 1999, staff released a "Request for Proposal" (RFP) for the
operations, maintenance, programming and capital improvements to Glen Oaks Golf Course. The
City received only one proposal; the Chi Chi Rodriguez Foundation's. An agenda item
recommending the City negotiate a new agreement with the Foundation is scheduled for the
September 16, 1999, City Commission meeting. If approved, staff wi II bring back a completed
agreement to be approved by the Commission prior to January 2000.
Clearwater Golf Park - The current leaseholder is Clearwater Golf Park, Inc., with a lease expiring
on February 28, 2000. The City retained National Golf Foundation Consulting, Inc. (NGF
Consulting) to conduct a comprehensive analysis, and make recommendations concerning future
operations and management of this course. The report from NGF Consulting is now complete and
staff recommendations are set forth in this memo.
Chi Chi Rodriguez Golf Course - The current leaseholder is Chi Chi Rodriguez Youth Foundation,
Inc. The lease expires on November 12,2010, and cannot be extended past this date without
renegotiating the lease. Staff monitors the lease for compliance to terms and conditions of the
lease. No action is needed or proposed at this ti me.
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Result of National Golf Foundation Consulting, Inc. Report
The City of Clearwater retained NGF Consulting to conduct a comprehensive analysis of Clearwater
Country Club and Clearwater Golf Park, since their leases were nearing the end of their respective
terms. The study did not include the Chi Chi Rodriguez Golf Course since their lease has ten years
to expiration (2010); nor, did the study include Glen Oaks since staff had previously made a
decision to seek an "RFP" on the continued operation of this relatively small, par 3 golf course.
The required scope of the work performed by NGF Consulting included the following:
[J Golf market overview
[J Inspection of the courses
[J Identify and document the need for golf course renovations and upgrades
o Economic and financial performance analysis
a Examine various management and operational alternatives and recommend the option for
each facility that will best meet the City's objectives
o Prepare report of NGF Consultant's findings and recommendations.
In general the report indicates that there is a demonstrated demand for golf opportunities in the
Clearwater area and it will remain strong for many years to come. All of the public golf courses in
the market area are operating with rounds of play activity at or near full capacity. Land for
additional public courses in Pinellas County is in limited supply, and only two new courses are in
the preliminary planning stages.
Management options including management contract, operating lease, concession agreement ana
self-operation were explored for both of these courses.
Clearwater Country Club
NGF Consulting believes the City should continue to lease the Clearwater Country Club to the
members. However, the operation, maintenance, and improvements to the facility should be more
closely supervised by the City, and the Club should pay the City a fair annual rent, pay property
taxes, and make improvements to the golf course in accordance with a capital improvement
schedule agreed upon by both parties. This method is preferable to any of the other management
alternatives for the following reasons:
Cl The City of Clearwater Department of Parks & Recreation has no recent experience operating or
maintaining a golf course.
Cl The City would be assuming a significant financial risk by undertaking the operation of this
facility. The course's design and its inherent deficiencies preclude this facility from
accommodating sufficient rounds to make it a profitable daily fee facility.
Cl The Clearwater Country Club needs various capital improvements and upgrades, now and in
the future. NGF Consulting recommends the Club make these improvements, thereby
improving the City's asset and making the Club more attractive to new members.
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Q Because of the site's constraints and deficiencies, the course is not likely to be competitive with
the newer municipal and public access courses in the area. However, it can continue to serve a
limited membership and be open for a limited amount of public playas it has for the past
several years.
Q Since the City owns only the golf course portion of the property, the City would have to acquire
the seven acres it sold to the Club in 1950, and make improvements to or replace the
clubhouse and maintenance buildings.
Q Assuming the City and the Club could come to an agreement on the value of the Club property,
the acquisition cost plus the cost of making building and course improvements could be as
much as it would cost to build a new course.
Clearwater Golf Park
NGF Consulting recommends the City issue a Request for Proposals to lease the Clearwater Golf
Pilrk to individuals or management firms with extensive experience in operating public access
courses. Reasons for this recommendation are almost identical to those reasons cited above for
leasing the Clearwater Country Club to its members. Also, the report recommends that the lease
include requirements to upgrade the golf course features, improve the maintenance facilities and
install a new irrigation system. In return for a long-term lease, the City should receive annual rent
and real estate taxes on the subject property. A private operator must be willing to make a long-
term investment in the facility, and reduce the expenses and increase the revenues projected in the
financial model of this study to be successful.
NGF Consulting expressed that if the course is operated and maintained for the City using the
expertise of a professional management firm, it is possible that the course can break even, or
achieve a small positive cash flow after improvements are completed and the course develops a
new image. However, the City will be assuming a risk that can be a financial liability for several
years.
Analvsis of Stewart L. Krug Proposal to operate three golf courses
On July 9, 1999/ the City Manager received a proposal from Mr. Stewart L. Krug regarding a lease
package that would include Glen Oaks Golf Course, Clearwater Country Club and Clear\vater Golf
Park. This proposal gives the City another alternative to consider. Major points in the executive
summary and responses by staff include the following:
Q Make the City our partner in the profits. The City can require The Country Club, Chi Chi
Rodriguez or any other group that leases City property to be a partner in future profits.
Q Floor o'f $100,000 P.A. to the City when all three sites are operational. How long will it take to
make three courses operational when there is so much renovation and work to be accomplished
first? It may be two to five years before the courses can be deemed operational. Also, the City
can make a requirement in new agreements, with Chi Chi, the Country Club or any other private
group that a base revenue amount is required.
o Revitalize all three properties. The NGF Consulting report as well as City staff concurs that all
three properties need attention which can be addressed in new leases.
o Aggressive and innovative marketing approach. This is a need based on the desire of the City to
receive a greater amount of revenue.
Q local and international promotions. Market share can increase at all three courses.
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Q Joint managerial and accounting practices. This can be an advantage, however, it ;5 not unusual
to work with different management groups, and the City would be able to regulate the type of
accounting practices used.
Q Regular reviews of all objectives and strategy. Can make this a requirement with any new
agreement.
Q A management group with multi-dimensional skills, focus and energy. No comment as this is
subjective.
Q Provides the City with a more than viable alternative. True, this is a very creative and forward
thinking strategy.
While this proposal has some positive features there are several items not mentioned in the proposal, or
not known by Mr. Krug, that may make it somewhat less than desirable and unfeasible. These include
the following:
Q The City does not control the entire property at the Country Club and cannot include the
clubhouse, maintenance building, parking lot and other amenities in the contract.
o The City must make some improvements to the Clearwater Airpark, and in order to do this, approx.
125 feet of land on the east side of Clearwater Golf Park would be required, thus eliminating two of
the longest holes as well as affecting two others.
Q The City has a documented need for additional recreation facilities that could be constructed on the
Clearwater Golf Park property.
Staff recommends that while this alternative has merit, the overall objectives of the City of Clearwater
can be accomplished in another manner. (See recommendation)
RECOMMENDATION
Chi Chi Rodriguez Golf Course
Staff will continue to monitor and administer the lease between Chi Chi and the City in accordance
with the provisions provided in the lease. Staff wi II increase its involvement and participation with the
Foundation and provide for more regular inspection and oversight of the golf course and its faci lities.
Two years prior to the expiration of this agreement (2008), staff will begin to address the future of this
lease. In no event, can the current agreement exceed twenty-five (25) years or November 12, 2010.
Clearwater Country Club Golf Course
Negotiations are commencing with the Clearwater Country Club, Inc., to determine if a new lease
agreement can be accomplished no later than May 1,2000. If an acceptable agreement cannot be
reached by this time, the City should consider accepting Request for Proposals (RFP) for the
operation of the golf course. If there is no interest or if an acceptable agreement cannot be worked
out with applicants by May 1,2001, then the City should consider selling the property or using it
for other purposes.
Items to be included in the negotiations:
a The City will increase participation and supervision of the operations, maintenance, and
improvements to the facilitie~
(J The Club should remit to the City a fair annual rent
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a The Club should be responsible for all property taxes
a The Club should make specific improvements to the golf course in accordance with a capital
improvement schedule agreed upon by both parties
Q The facility should be more accessible to the general public and Clearwater residents.
Clearwater Golf Park
A RFP will be developed to lease the Clearwater Golf Park for one year with a renewable clause,
which will allow the City to extend the lease in one-year increments for a total lease not to exceed
five years. Several major issues will be affecting this property within the next year. The County
will be constructing Keene Road adjacent to the west boundary of the golf course. A retention
pond will be constructed north of the golf course and the Airpark is in need of 125 feet along the
eastern side of the course. As stated previously, this will eliminate two of the holes and impact two
others. The course is in a deteriorating condition and will need substantial capital to make the
improvements necessary to sustain it.
In addition, the Parks & Recreation Department has identified a documented need for additional
recreational facilities, including soccer and full-size baseball fields. Since the tree farm property
north of the Golf Park is being used for a retention pond, there is a need to identify additional
property to construct the Parks & Recreation infrastructure facility. Further, staff would like to
explore other revenue options that could be generated from this property to support needed ball
fields and infrastructure facilities.
Glen Oaks Golf Course
A new agreement ben.veen the City and the Chi Chi Rodriguez Youth Foundation be negotiated
and considered by the City Commission. An agenda item regarding the City negotiating a new
agreement with the Foundation is part of the September 16, 1999, City Commission meeting. If
approved, staff will bring back a completed agreement to be approved by the Commission prior to
January 2000, with proposed changes to the agreement to include:
Cl Increase the lease amount paid from $1.00 per year to a fair annual rent. (Foundation
recommends 33 1/3rd % of the average net surplus over the past 5 years. The average net
surplus is approximately $15,000 per year or the City portion would be $5/000 per year.)
Cl The City will increase participation and supervision of the operations, maintenance, and
improvements to the facilities.
o The City will participate in removing and redesigning the existing asphalt parking lot that is
currently located in the Court Street ROW.
o The City and Foundation will develop and implement a plan for landscaping and signage, to
improve the course's appearance along Court Street.
a Additional property known as the Glen Oaks Tree farm will be included in the lease. (This
property is needed in order to relocate the clubhouse and parking facilities as well as change
the course layout. By allowing Chi Chi to use and maintain this property, the City will realize
an improved and safer facility.)
a The foundation will conduce a feasibility study within the next 12 months to determine future
capital improvements to the golf course including a new clubhouse and improved parking.
o The Foundation will make specific improvements to the golf course in accordance with a
capital improvement schedule agreed upon by both parties.
CONCLUSION
Staff will continue to renegotiate the lease with the Clearwater Country Club as previously directed
by the City Commission. Commission direction relative to the Glen Oaks and Golf Park leases is
required.
If additional information is needed please don't hesitate to contact me.
KD/AKlaklldw
Parks\Laura'Memos'MRoberto-Golf Course Leases Recommendations2-KD.doc
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Overview
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Lease Status:
fxpimtions
. Clearwater Countrv Club
. Glen Oaks: Mo. to Mo.
. Clearwater Golf Park
. Chi Chi Rodriguez
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November of 2008
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May 1,
Clearwater
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Information was provided
with this item PR1
(wso 9/13/99)
See Official Records
. Reports/Studies
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