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10/02/2008City Council Agenda Location: Council Chambers - City Hall Date: 10/2/2008- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 2008 Legislative Session Report - Rep. James C. Frishe LB Attachments 4.2 Silver Medal Winner, 2008 Olympics - Zach Railey 1B Attachments 4.3 October is Rays Month Proclamation LB Attachments 4.4 October is Arts and Humanities Month in Clearwater Proclamation ID Attachments 4.5 Opera Month Proclamation IB Attachments 4.6 National Community Planning Month Proclamation LB Attachments 4.7 Fire Prevention Week Proclamation 1B Attachments 4.8 National Long-Term Care Residents' Rights Month Proclamation 1B Attachments 4.9 2008 Public Natural Gas Week Proclamation 1B Attachments 5. Approval of Minutes 5.1 Approve the minutes of the September 18, 2008 City Council Meeting and the September 18, 2008 IAFF Impasse Special City Council Meeting as submitted in written summation by the City Clerk. 10 Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Pass Ordinance No. 7945-08 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 802 Woodlawn Street, 826 Woodlawn Street, 830 Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200, consisting of property located in Metes and Bounds 32/02, 32/03 and 32/07, in Section 22, Township 29 South, Range 15 East, from Residential Urban (RU) and Institutional (I), to Residential Low Medium (RLM). 1B Attachments 7.2 Continue second reading of Ordinance No. 7946-08 amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 802 Woodlawn Street, 826 Woodlawn Street, 830 Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200, consisting of property located in Metes and Bounds 32/02, 32/03 and 32/07, in Section 22, Township 29 South, Range 15 East, from Institutional (I) to Medium Density Residential (MDR). 10 Attachments 7.3 Adopt Ordinance No. 7973-08 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 1551 Gulf Boulevard from Residential Medium (RM) and Preservation (P) to Recreation/Open Space (R/OS) and Preservation (P). 10 Attachments 7.4 Adopt Ordinance No. 7974-08 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1551 Gulf Boulevard from Business (B) to Open Space/Recreation (OS/R) and Preservation (P). 1B Attachments 7.5 Adopt Ordinance No. 7976-08 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1170, 1180, 1200, and 1226 Gulf Boulevard, from Business (B) to High Density Residential (HDR) and Preservation (P). 1B Attachments 7.6 Adopt Ordinance No. 7977-08 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1520, 1540, and 1560 Gulf Boulevard, from Business (B) to High Density Residential (HDR). 1B Attachments 7.7 Adopt Ordinance No. 7978-08 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1501 Gulf Boulevard, from Business (B) to Medium Density Residential (MDR) and Preservation (P). 1B Attachments 7.8 Adopt Ordinance No. 7995-08 on second reading, amending the Operating Budget for the fiscal year ending September 30, 2008 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater Utility Fund, Gas Fund, Solid Waste Fund, Recycling Fund, Marina Fund, Harborview Fund, General Services Fund, Garage Fund, and Central Insurance Fund. 1B Attachments 7.9 Adopt Ordinance No. 7996-08 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2008, to reflect a net increase of $5,923,873. 1B Attachments 7.10 Adopt Ordinance No. 8003-08 on second reading, amending Chapter 2, Article III, Code of Ordinances, relating to appointed authorities, boards, committees, updating language to refer to "City Council" and making other clerical corrections; amending Section 2.063 regarding qualifications and appointment of members; amending Section 2.064 regarding terms of members; amending 2.069 regarding resignation of members; repealing Dvision 3, Beautification Committee and Division 4, Community Relations Board. 10 Attachments City Manager Reports 8. Consent Agenda 8.1 Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. (consent) 10 Attachments 8.2 Approve and accept a Non-Exclusive Gas Line Easement Agreement with University Community Hospital to install a 4-inch natural gas main to serve the Connerton Commerce Center and authorize the appropriate officials to execute same. (consent) 1B Attachments 8.3 Award a contract (purchase order) to State of Florida, Department of Management Services, Tallahassee, Florida - Suncom long distance overflow service, State AIN lines, and Toll free lines during the period October 1, 2008 to September 30, 2009, at a cost not to exceed $143,150 in accordance with Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 03-STO-011, and authorize the appropriate officials to execute same. (consent) 10 Attachments 8.4 Award a contract (Purchase Order) to Oracle USA Inc., Chicago, Illinois for the period October 1, 2008 through September 30, 2009 for database maintenance at a cost not to exceed $185,000 in accordance with Sec. 2.564 (1)(b) and authorize the appropriate officials to execute same. (consent) 1B Attachments 8.5 Award a contract (purchase order) to Sprint/Nextel, Los Angeles, California - Cellular/radio, Treo and Blackberry services during the period October 1, 2008 to September 30, 2009 at a cost not to exceed $191,170 in accordance with Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 12-00115 and authorize the appropriate officals to execute same. (consent) 1B Attachments 8.6 Award a contract (Purchase Order) to Verizon, Florida, Inc., Saint Petersburg, FL - Telephone service including frame relay service, T1's, Centranet trunks, directory advertising, credit/collect calls, VADI circuit, and DSL high bandwidth services during the period October 1, 2008 through September 30, 2009, at a cost not to exceed $461,690 in accordance with Sec. 2.564 (1)(e) and authorize the appropriate officials to execute same. (consent) ID Attachments 8.7 Award contracts (blanket purchase orders) to Baker and Taylor, Atlanta, GA - $240,000; Ingram Library Services, Atlanta, GA - $160,000; and Ebsco Subscription Services, Birmingham, AL - $130,000 for the purchase of library books and materials for the contract period 10/3/08 through 9/30/09 and authorize the appropriate officials to execute same.(consent) 1B Attachments 8.8 Award a contract (blanket purchase order) to Chall Tennis Management, LLC of Clearwater, Florida, in the amount of $200,000, for providing tennis lessons and tennis services at the Henry L. McMullen Tennis Complex per code section 2.564(e), impractical to bid and authorize the appropriate offcials to execute same. (consent) LB Attnchmentc 8.9 Approve the renewal of contract with Northeast II, Inc., DBA TC Specialties, of Tampa, FL, in the amount of $417,000 for mail processing services and postage for the City of Clearwater from November 1, 2008 through October 31, 2009, and authorize the appropriate officials to execute same. (consent) 10 Attachments 8.10 Award a contract by purchase order to Pinellas County Solid Waste for an operating expenditure of $4,800,000 for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill for the period October 3, 2008 through October 31,2009 as provided in the City's Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute the same. (consent) IB Attachments 8.11 Approve a contract to Semper Fi Services, LLC, of Palmetto, FL in the amount of $626,257.76 for the construction of Court Street Improvements (08-0035-EN) which is the lowest responsible bid received in accordance with plans and specifications; approve an Interlocal Agreement between Pinellas County and the City in the amount of $400,000 and authorize the appropriate officials to execute same. (consent) Attachments 8.12 Amend Council Policy, General Administration I - Special Event Street Closure Limitaion to exempt Cleveland Street between Osceola and Myrtle Avenues and approve Council Policy, General Administration J - Closure of Cleveland Street between Osceola and Myrtle Avenues. (consent) 10 Attachments 9. Other items on City Manager Reports 9.1 Approve First Amendment to Lease Agreement and a Contract for Purchase of Real Property by the City of Clearwater, Florida, between the City of Clearwater and Clearwater Country Club Management, Inc. (CCC) pursuant to the City's acquisition of 5.7 acres owned by CCC for $2,125,000 and authorize the appropriate officials to execute same. LB Attachments 9.2 Appoint two members to the Municipal Code Enforcement Board with the term expiring on October 31, 2011. 10 Attachments Miscellaneous Reports and Items 10. City Attorney Reports 10.1 Royalty Theater - Item Pulled 1B Attachments 11. City Manager Verbal Reports 11.1 Short-Term Rentals LB Attnchmentc 12. Other Council Action 12.1 Other Council Action LB Attachments 13. Adjourn ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: 2008 Legislative Session Report - Rep. James C. Frishe SUMMARY: Review Approval: 1) Clerk Meeting Date: 10/2/2008 Cover Memo Item # 1 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Silver Medal Winner, 2008 Olympics - Zach Railey SUMMARY: Review Approval: 1) Clerk Meeting Date: 10/2/2008 Cover Memo Item # 2 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: October is Rays Month Proclamation SUMMARY: Review Approval: 1) Clerk Meeting Date: 10/2/2008 Cover Memo Item # 3 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: October is Arts and Humanities Month in Clearwater Proclamation SUMMARY: Review Approval: 1) Clerk Meeting Date: 10/2/2008 Cover Memo Item # 4 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Opera Month Proclamation SUMMARY: Review Approval: 1) Clerk Meeting Date: 10/2/2008 Cover Memo Item # 5 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: National Community Planning Month Proclamation SUMMARY: Review Approval: 1) Clerk Meeting Date: 10/2/2008 Cover Memo Item # 6 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Fire Prevention Week Proclamation SUMMARY: Review Approval: 1) Clerk Meeting Date: 10/2/2008 Cover Memo Item # 7 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: National Long-Term Care Residents' Rights Month Proclamation SUMMARY: Review Approval: 1) Clerk Meeting Date: 10/2/2008 Cover Memo Item # 8 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: 2008 Public Natural Gas Week Proclamation SUMMARY: Review Approval: 1) Clerk Meeting Date: 10/2/2008 Cover Memo Item # 9 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Approve the minutes of the September 18, 2008 City Council Meeting and the September 18, 2008 IAFF Impasse Special City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 4 CITY COUNCIL SPECIAL MEETING MINUTES IAFF IMPASSE HEARING CITY OF CLEARWATER September 18, 2008 Present: Carli Paul nt: Pamela K. Cynthia E. Patricia O. The Mayor called the To provide conti kly discusseA 2-In Hibbard IL N. Cretekos en Mayor Vice-Mayor Councilmember Councilmember Councilmember City Attorney City Clerk Board Reporter order at 9:00 a.m. at City Hall. Fesearch, items are in agenda order although not rder. AL The City AttornWrom ity and IAFF (Inter nal Association of Fire Fighters) had 3 - Presentations . waived the Special Mrocess and agree uted issue at impasse was the amount of GWI (Gene ncrease) for Octob gh September 30, 2008, within Article 9, Sectiohe part ies' expired collective b g agreement. The amount of GWI, if any, to be paid to the nit for Octob 007 through September 30, 2008 will be the sole issue taken u hrough thi asse resolution process rebuttal.) Council Questions, if any. Local IAFF President John Lee provided a oint presen a revie v starting pay, stating City firefighters ranked 15 of 1 ellas Count tions and paramedics ranked seven. He said EMTs (Emergen Medical n) and Para were paid less than average when compared with selected fir ents in Flori the CPI (Consumer Price Index) had increased by more tha cent between 7 an July 2008. He said proposed increases to health insurance c would signifi uce income. He said on October 1, 2007, the CWA (Communications Workers %inse. ica) and FOP (Fraternal Order of Police) bargaining units received increases, while the ceived 0%. He said in the past year, firefighters at local fire departments received 2.5% raises, the City Manager received a 4% increase, and the Fire Chief received a 5.9% He said the City Council adopted the FY 2007/08 budget, which included a 3% general salary increase for Council Special 2008-09-18 Item # 10 Attachment number 1 Page 2 of 4 the Fire Department. Mr. Lee said 71 firefighters/medics were not entitled to a Step increase this year and 17 firefighters due Step increases had not received them. He said 47% of the department received no pay increase this year. He said City firefighters requested a 3% increase effective October 1, 2007. In res said local del the only IocA .2. n. ions, Mr. Lee said rankings were based on minimum salaries. He formation did not include Steps. The City of Safety Harbor has t a Step program. ns. if rI it y representative Greg AFF had resisted City ;r anything in return for a sale ary increases than Ah Lqualify was based for StepF employe30 He said with the current reviewed benefits IAFF emplo and resource allowance. City would achieve its o average of his peers. imi 10 mi 11 said negotiations must be a give and take process. He attain management objectives and was unwilling to ase. He said Steps provide firefighters with higher receive. He said approval of FOP and CWA salary meeting City objectives. He said firefighters who no rived substantial increases. He distributed a Step chart. ver axed out; 2) 21% (39) were between Steps; 3) 37% (68) received a 5% Step increase. ar expire, a 0% GWI is appropriate. He eived and o change contract, including special pay lary increases were budgeted with the assumption that the goals. He said tVgj12J1WjjLager's salary does not reflect an Mr. Herring said under the last cc employee group in the City. He review level salary was very competitive. He to work here. He said turnover was n leave. He recommended the union a fiscal year. He opposed providing an i they could not negotiate at the bargainin Mr. Roseto said Step increases were con 1 poIr would check if any reviews were overdue. Concer e exp issues related to late performance reviews. Mr. Ros said S- of the Fire Department budget. Information was not available r departments. The City does not compare salaries to east co lower cost of living. Concern was expressed that some City 3.3. IAFF Rebuttal (if time reserved). Mr. Lee said the union also did not accomplish its operational gc today's only issue. He noted many applications to the department were residents. Council Special 2008-09-18 st richly rewarded Mating the City's entry- ts because peo) p want said a GWI was st coast 2 Item # 10 Attachment number 1 Page 3 of 4 3.4. City Surrebuttal (if time reserved). Mr. Herring said the City receives applications from other areas because this is a great place to work. He opposed a GWI because the City had not achieved its operational objectives. Mr. Rose value of a 3% GWI was $345,000. One po r of a 3% GWI. Council rece m 10:00 to 10:32 a.m. it Discussion Items It was commented that ncil valued firefighters' service and dedication in the face usual demands, their e and hard work. It was felt the City paid its firefighters a fair mpetitive wage and ent and retention were not problems. It was stated a 0% i as a misno Step inc es and other benefits. regardin costs at a time of significant budget reductions economic d sed real estate market, and Amendment one. It was stated the City doe e m o n e ovide firefighters with Step increases and large GWIs and it would be grant them a rge salary increase when the City was considering lay-offs. Disappointmexpressed that talks ha negotiations should take ace at the bargaining table, not at t had to address this issue three years ag ted that diffi had existed. Concerns were expresse ems the this bargaining unit and the lack of a tive a botl departmental efficiency. Disappoint as express MMW asked the members to vote on a Cit1?i r a three ye year, prior to passage of Amendmenth nego tia together at the bargaining table, with It was felt while bargaining units should no were based on contracts negotiated before Amen( City is offering lower increases at current negotiati same employer, City residents. -1-pared, oth one was adl It was nett Discussion ensued regarding a bonus for currently e Council Special 2008-09-18 s commented that When the City Council ancial circumstances s had negotiating with ation teams to lleadawhiD 3 Item # 10 Attachment number 1 Page 4 of 4 4.2. Council Decision on Issue at Impasse Councilmember Cretekos moved to approve a 1.5% one-time bonus for IAFF members on the payroll today for FY 2007/08. The motion was duly seconded. Councilmembers Cretekos, Doran, G' and Mayor Hibbard voted "Aye"; Councilmember Petersen voted "Nay." Motion c 5 - Adj ng adjourneT?-58 a.m. Mayor City of Clearwater st: Council Special 2008-09-18 4 Item # 10 Attachment number 2 Page 1 of 17 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 18, 2008 Present: nk Hibbard Mayor e N. Cretekos Vice-Mayor ran Councilmember C ersen Councilmember Pau Councilmember Als William B. II City Manager Jill S. Silve Assistant City Manager Rod Irwin Assistant City Manager Pamela K. City Attorney Cynthia E. eau City Clerk Rosemar' Management Analyst The Mayor called t g to order at 6:00 p.m. at City Hall. The invocation was o Reverend D urton office Memorial Presbyterian Church. The Mayor led the To ntinuity for necessarily discussed in tha 4 - Presentations: Given Item 4.2. 4.1. 2008 End of Sess ort - Senator Charlie in agenda order although not 4.4. Employee of the Month - Louis C ALe Depa 5 -Approval of Minutes 2008 Special Citv Council Meetina as submitted inn summ Councilmember Petersen moved to approve the minut Council Meeting and the August 21, 2008 Special City Cou submitted in written summation by the City Clerk to each Co seconded and carried unanimously. 6 - Citizens to be Heard re Items Not on the Agenda - None. Public Hearings - Not before 6:00 p.m. 7 - Administrative Public Hearings Council 2008-09-18 entative Ed Hooper Cit Clerk. Fingas ember 4 ecor d ember. The duly 1 Item # 10 Attachment number 2 Page 2 of 17 7.1. Adopt Ordinance 8004-08 on second reading, declaring the millage rate to be levied for the fiscal year beginning October 1, 2008 and ending September 20, 2009, for operating purposes including the funding f Pensions, debt service and road maintenance for capital improvement expenditures at 4.7 ills. Budge ilson said this is the second year in a row the millage rate represents cre the roll-back rate. Staffing has been reduced by more than 100 FTE equiva er the last two years. individuals expres ncerns regarding cuts in services.. taff was commended for fforts. It was stated that CRA funds are used to age County funds. Ordinance 8004-08 wa is moved to pass and was duly seconde s. D etersen. so authored; authorize it Mai departments and activiti within anv Ordinances. Ordinance 8005-08 was press Councilmember Gibson moved to pa reading. The motion was duly secon "Ayes": Cretekos, Pets "Nays": None. 7.3. Adopt Ordin Phted for second reading and read in full. Councilmember rdinance 8004-08 on second and final reading. The roll call, the vote was: ir1A11I11&. and Hibbard. r io Iran adopt Ord J upon roll ca , ina. aarDtin ro rams among th( is f the Clearwater g an by title only. on se d was: Hibbard. the Drovement I to transfer money between ro'ects in the Capital Improvement Program, tsnld tin available and anticipated resources for the projects identified. Ordinance 8006-08 was presented for second reading and read b . Coun cilmember Petersen moved to pass and adopt Ordinance 8006-08 oand final reading. The motion was duly seconded and upon roll call, the vote was: Council 2008-09-18 2 Item # 10 Attachment number 2 Page 3 of 17 "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays"_ None. 8 - Quasi judici?earings 4 to the Re en S S Category, and a Zoning Atlas Amendment from the Busin strict to the O Wcce/Recreaion OS/R and Preservation P Districts for ro ed at 1551 Gulf B c --tin of a portion Sec. 19-29-15 in Metes and B /01 and Pass Ordina 973-08 and 7974-08 on first readin . (LUZ2008-05002) This Future Land Use Pla P) amendment and rezoning application involves ;perty comprising approximat acres in area located on the east side of Gulf vard, approximately 200 h of Marina del Ray Court. This property has FLUP ications of Residential (RM) and Preservation (P) and a zoning designation of ss (B). The applic esting to amend the FLUP designations of the site to the /Open Spac nd Pion (P) classifications and to rezone the property (OS/R)res tservation (P) Districts. The epartment amendment and rezoning ame s reco standards specified in the C Developm amendment and rezoning on are consistent proposed use is comp the surrounding al to serve the property; he applications will n( environment. proposed future land use plan led, are consistent with the following ode: 1) The proposed land use plan e Comprehensive Plan; 2) The 'FWrse public facilities are available impact on the natural In accordance with the County to the approval of the Pinellas Planni cil an as the Countywide Planning Authorit applicatio and approval by the Florida Departure ommunity Councilmember Doran moved to a Residential Medium (RM) Category to the Re Zoning Atlas Amendment from the Business (B) Di and Preservation (P) Districts for property located portion of Sec. 19-29-15 in Metes and Bounds 43/013, e land Use Plan pace (R/O the Open the Gulf Bo Ordinance 7973-08 was presented for first reading Councilmember Cretekos moved to pass Ordinance 7973 duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Council 2008-09-18 amendment is subject Commissionammmakric 3 Item # 10 Attachment number 2 Page 4 of 17 Ordinance 7974-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7974-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes etekos, Petersen, Doran, Gibson, and Hibbard. 8.2. A r in Atla ment from Business B District to the High Density Resid and Prese P Districts for property located at 1170, 1180, 1200, anc 122 rance rd consistin ortion of Sec. 17-29-15 in Metes and Bounds 33/021 an P 76-08on first . (REZ2008-05003) This Zoning Atlas Amend pplication involves one property of approximately 13.52 ;rw n area located on the nort side of Gulf Boulevard, approximately 2,270 feet south of ater PassBridge. This has FLUP classifications of Resort Facilities High (RFH) eservation (P) and a z signation of Business (B). The City dissolved the B in 1972. The B de was the result of a lawsuit settlement stipulation of October nd expired 17, 200 n effect, there is no zoning on the property and the d the Z las from the B designation to the High Density Reside servation s. The Planning Depa consistent with the followin proposed rezoning applic is compatible with the s property; 4) The appli The district boundaries a tme fined th I t s specified onsistent with the area; 3) Suffici; F,Fng ill not have an advert appropriately drawn. The Community Development September 16, 2008, and recommenc Councilmember Petersen mov (B) District to the High Density Residen located at 1170, 1180, 1200, and 1226 GL in Metes and Bounds 33/021. The motion Ordinance 7976-08 was presented for first Councilmember Doran moved to pass Ordinance seconded and upon roll call, the vote was: (REZ2008-05004) Council 2008-09-18 kproposed rezoning application is e Community Development Code: 1) The j ehensive Plan; 2) The proposed use 'ties are available to serve the natural environment; and 5) Cretekos, Petersen, Doran, Gibson, its public hearing on mendfl rngof P) Distri a port' and carries 4 Item # 10 Attachment number 2 Page 5 of 17 This Zoning Atlas Amendment application involves property, approximately 8.59 acres in area, located on the west side of Gulf Boulevard, approximately 180 feet north of Marina del Ray Court. This prop rty has a FLUP classification of Residential High (RH) and a zoning designation of Busi B). The City dissolved the B District in 1972. The B designation was the result of a la ent stipulation of October 17, 1986 and expired on October 17, 2006. In effec ing on the property and the applicant is requesting to amend the Zoning Atla B ion to the High Density Residential (HDR) designation. ning Depart con h the following sta p ezoning application is atible with the surroundin rty; 4) The applications will e district boundaries are appr The Community Dev ber 16, 2008 and r mined that the proposed rezoning application is specified in the Community Development Code: 1) The tent with the Comprehensive Plan; 2) The proposed use 3) Sufficient public facilities are available to serve the ve an adverse impact on the natural environment; and 5) v drawn. It Board reviewed this application at its public hearing on ded approval. low os move rove a Zoning Atlas Amendment from Business (B) Dis sity Res-ii istrict for property located at 1520, 1540, and 1560 WNPaprd"(consist' ac. 19-29-15. The motion was duly seconded and carried unanimo Ordinance 7977-0 esented for first rea nd read by title only. Councilmember Gibso o pass Ordinance rst reading. The motion was duly seconded and up call, the vote was. "Ayes": Cretekos, Peters ibson, and "Nays": None. .4. ADDrove a Zonina Atlas Amendm?m Busi 08 on first reading. (REZ2008-05005) This Zoning Atlas Amendment application i es one pro pproximate acres in area located on the east side of Gulf Boulev d, approxi 00 feet north Del Ray Court. This property has a FLUP classification of Re ' edium (RM) zoning designation of Business (B). The City dissolved the t in 1972. Th designation was the result of a lawsuit settlement stipulation ctober 17, 19 pired on October 17, 2006. In effect, there is no zoning on the property and the appli questing to amend the Zoning Atlas from the B designation to the Medium Density Re (MDR) and Preservation (P) designations. The Planning Department determined that the proposed rezoning ion is consistent with the following standards specified in the Community Develop t Code: 1) The proposed rezoning application is consistent with the Comprehensive Plan; 2) The proposed use Council 2008-09-18 5 Item # 10 Attachment number 2 Page 6 of 17 is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; 4) The applications will not have an adverse impact on the natural environment; and 5) The district boundaries are appropriately drawn. The Comm evelopment Board reviewed this application at its public hearing on September 16, 2 commended approval. Cou er moved to approve a Zoning Atlas Amendment from Business (B) Distri edium esidential (MDR) and Preservation (P) Districts for property locate Gulf Bouleva fisting of a portion of Sec. 19-29-15 in Metes and Bounds 43/ otion was duly se and carried unanimously. rdinance 7978-08 was p cilmember Doran moved to conded and upon roll call, the "Ayes": Crete "Nays". 9 - Se lic Hea :d for first reading and read by title only. rdinance 7978-08 on first reading. The motion was duly Doran, Gibson, and Hibbard. Ordinance 7929 presented for sec c Councilmember Crete 4 ved to pass and adopt reading. The motion wa my seconded and upon roll call, th "Ayes": Cretekos, Peter n, and H "Nays": None. Plan. Ordinance 7950-08 was presented for secondTeading Councilmember Gibson moved to pass and adopt Ordinance reading. The motion was duly seconded and upon roll call, 49 read by title only. ',9-08 on second and final rony title only. second ar was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Code of Ordinances, regarding employee travel. Council 2008-09-18 6 Item # 10 Attachment number 2 Page 7 of 17 Ordinance 7984-08 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7984-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "AyeA&etekos, Petersen, Doran, Gibson, and Hibbard. 9.4. Ado ce No. r Code riteria by wh ncern was expressed second reading, amending the Community Development ich board signs may be permitted in certain areas, nakin other minor editorial changes. [wing sandwich board signs for two years on Cleveland LImember ce 7997-08 ted for second reading and read by title only. Doran movand adopt Ordinance 7997-08 on second and final otion Af d and upon roll call, the vote was: "Imma AIII&bard. etersen City Manager Reports VF- 10 -Consent Agenda ed as submitted 10.1. ADDrove an Aaree nt with the Clearwater Reaional Ci tourism services in Fiscal Year 2008-20 or tin in authorize the a ro riate officials toe sent) 10.2. Approve a not to exceed amou 500.000. to workers' compensation claims due an ble for the De 30, 2009. (consent) (consent) r1.2 R of $1,098,750 and authorize the appropriate officials to execute same. ( 10.5. Award a contract to Purvis Curbs of Largo, Florida for $200,000 fo install various concrete projects throughout the year (Bid 33-08) and aui officials to execute same. (consent) Council 2008-09-18 7 Item # 10 Attachment number 2 Page 8 of 17 10.6. Approve assignment of the Hispanic Outreach Center Lease Agreement with YWCA of Tampa Bay to Pinellas Core Management Services, Inc.; terminate YWCA contracts providing 1) Operation Apoyo Hispano services, 2) Human Trafficking advocacy services and 3 Human Trafficking Immersion training and approve contracts with Pinellas Core Management Services to provide these serAlbw usina fundina remainina in the 2006 Edward Bvrne Memorial Justice s 10.7. D of Lynchburg, VA for )ward the 20 Year M under of OAK ELEMEN eration of re (consent) execute same. (con 10.12. Th .S. Department of Justice, Bureau of Justice lemorial Justice Assistance grant in the amount of Veapons Illuminators and Holsters. (consent) Order) for $530,000 to M/A-COM Private Radio IV Payments during the period of 10/01/08 through %greement approved by Council on June 20, 2002 xecute same. (consent) ERCIAL CONDOMINIUM (COMMON the benefits to be derived therefrom. I and Pum 10.13. Accent a 242 sauare-foot Drainaae & Utilitieement co V. (consent) nd FI -iir7_ QP Southard and Betty A. Southard over, under and acr?%s a ortio 1 SUBDIVISION FIRST ADDITION. in consideration of receipt nd derived therefrom. (consent) 1W Councilmember Doran moved to approve the Consent Agenda as appropriate officials be authorized to execute same. The motion was duly unanimously. 4 11 - Other items on City Manager Reports Council 2008-09-18 Nicholas FAIR OA ind that the and carried 8 Item # 10 Attachment number 2 Page 9 of 17 11.1. Amend the City's fiscal year 2007/08 Operating and Capital Improvement Budgets at Third Quarter and pass Ordinances 7995-08 and 7996-08 on first reading. The FY (Fiscal Year) 2007/08 Operating and Capital Improvement Budgets were adopted in SeptemW&07 by Ordinances 7866-07 and 7867-07. Section 2.521 of the City's Code of Ordinan s the City Manager to prepare a third quarter report detailing income, expe collection, the explanation of significant variances, as well as the financia al provement projects. ptember 5, 2 orandum, the City Manager reviewed the report, which is bas e months of activit ber 2007 through June 2008) in this fiscal year. The r ment on major varian swell as documents all proposed amendments. Significant Fund amendm e outlined below: General Fund - Genera evenues and expenditure amendments reflect a net e of $ 11,866,198. T several major reasons for the overall increase in General xpenditures: 1) The ease includes a budget of $2,443,240 in Police and Fire for mental plan offset by n revenue. Historically, these revenues and exp a separ but the Government Finance Officer's Associ that the lans be reflected in the General Fund; 2) Other ame clude the all earnings to fund capital projects including $3,754,638 for Beach Walk; $3 for th ont Promenade; $3,000,000 for the Carpenter Complex Clubho vations; and 025,000 for the Clearwater Golf Course Acquisition; 3) The balanc ncreases is attribut to other allocations of retained earnings for operating include funding of e Cason settlement, $50,000 for Pinellas Hope, an 0 to fund the payout o for the previous Assistant Director in Public Servic . General Fund Reserves - In o policy reflects that General Fund una budgeted General Fund expenditures emergencies. With the closing of the above, estimated General Fund reserv end, or 12% of the current year's Genera $4.5 million for the current fiscal year. , the City Council's 5% of the Citv:amiiii Significant amendments to other City Oper unds are follows: 1) and Sewer Fund - Third quarter amendments in the ater and erating budge net decrease of $827,187 primarily due to the restructuring of d sewer utility approved by the City Council on August 7, 2008. In additio 13, represen ' est earnings on bond funds is transferred to capital project 315-9 Pump Stati cement; 2) Stormwater Fund - At third quarter, the Stormwater expenditure operating eflects an increase of $1,340,318. Council approved transfers of retained earnings t apital projects in the amount of $2,589,507 in June 2008. This amendment, net of savi ebt service costs due to the postponement of issuing stormwater debt, results in the se in fund expenditures; 3) Gas Fund - Budget amendments to the Gas Fund reflect t increase of approximately $567,790 primarily due to fuel costs; 4) Recycling Fund - Thir arter expenditure amendments in the Recycling Fund reflect an increase of $30,850, primarily due to Council 2008-09-18 9 Item # 10 Attachment number 2 Page 10 of 17 increased fuel costs. Revenues from the sale of recyclables more than offset the increase in budgeted expenditures; 5) Marine Fund - Third quarter amendments reflect an increase of fuel purchases for resale in the amount of $850,000 and related revenues as approved by the City Council on August 18, 2008; 6) Capital Improvement Fund - Third quarter amendments to the Capital Improveme d reflect an increase of $5,923,873. Significant amendments include the allocation of nd retained earnings to establish new projects including 315-93606, Carpenter Co e Renovations at $3,000,000; 315-93609, Clearwater Golf Course Acquisition ,00 ovide additional funds to 315-93402, Bayfront Promenade at $330,221 ich hav reviously approved by the City Council; 7) Special Devel nd - The onl ment to Special Development Fund expenditures at third qua transfer of $175,6 f unallocated "fee in lieu of drainage fees" to capital p -96161, Coastal Basin rovide additional revenue to this project; 8) Special Fund - The Special Prog and reflects a net budget increase of $768,416 at third er. Significant amendments t more than $400,000 for the special events and onsorships programs in the la months, $175,000 from police fines and court proceeds support public safety progra 7,000 in grant funds, and $165,000 in revenues for police ide duty contractual sere' nd amendments also reflect the return of $364,299 in I fund revenues fro Iding Code Enforcement Surplus project approved by the cil on Augus A& Capital Imp unanimously. Ordinance 799 Councilmember Gibso duly seconded and upl udgets at m City's fiscal year 2007/08 Operating and otion was duly seconded and carried loresented for first pass Ordinance II, the vote was: "Ayes": Cretekos, "Nays": None. Absent: Hibbard. Ordinance 7996-08 was presente Councilmember Petersen moved to pass Or 1 duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran an "Nays": None. Absent: Hibbard. 11.2. Award a contract to The B-, Council 2008-09-18 M nd read by title only. IbLrst reading. The motion was d Gibson. tread by on first rE bson. M 10 Item # 10 Attachment number 2 Page 11 of 17 under this new agreement, authorize the appropriate officials to execute the same, and adopt Resolution 08-23 authorizing the City to be reimbursed from tax-exempt proceeds. The current a reement with Sun Trust Equipment Financing and Leasing Corp expires September 31, 200 e City solicited proposals (RFP 32-08) for lease purchase (installment sale) financing fo ive fiscal years (2009-2013). The City received four competitive proposals: 1) Public Capital Corp.; 2) Wachovia Financial Services Inc.; 3) Sun Trust Equip nc ng Corp.; and 4) The Bancorp Bank/dba/Mears Motor Leasing. The sele mittee re these proposals, comparing interest rates and terms. The commi rmined the pr ffering the most advantageous combination of rates and ter City was submitte ars Motor Leasing. The interest rates applicable to each d e determined by the fo table based on the three and five year Constant g Treasury (CMT) note as hed weekly in the Federal Reserve Statistical Release 3-Year CMT 1%-2.25% 2.26%-2.5( 2.51% - 27r 2.76% -A 3.74% 3.75% - 4.00% 4.01%-4.24°/ 4.25%- 4.51 % - tears 5 -Year CMT Mears F.02% 3.36% 3.29% 3.59A For example, if aWhe time of finan would be charged by Mears Motor Leasi have a three-year useful life, such as lease purchases will be on a five-year The City's cost of capital on th t reci Trust was 3.88% for three-year items a on the Mears Agreement would have bee term of five years with the option for renewal this item does not represent a commitment to bo items of equipment must be budgeted for or apps purchasing policy. 1%-2.25% 2.26% - 2.50% 2.51% - 2.75% 2.76% - 3.00% 3.01% - 3.24% 3.25% - 3.50% 51% - 3.74% ? 5%- 4.00% 4.01% - 4.24% 4.25 - 4.50% 2.80% 3.11% 3.15% 3.44% 3.36% 3.63% 3.88% 4.15% 4.40% 4.67% 5.30% 9%, the rate the City ception of items that police pursuit vehicles, Councilmember Cretekos moved to award a contra Banc( Motor Leasing to provide a $30,000,000 line of credit to cove planned equipment acquired in the next five fiscal years starting October 1, 2008, ; uncompleted equipment acquisitions previously approved for financing un agreement with SunTrust to be financed under this new agreement, auth4 officials to execute the same. The motion was duly seconded and carried Council 2008-09-18 11 Item # 10 Attachment number 2 Page 12 of 17 Resolution 08-23 was presented and read by title only. Councilmember Gibson moved to pass and adopt Resolution 08-23 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "A 11.3. ReD?aotiati roximately $3.9 millio project revenues would I enance reserve) and still gi e from the $6 million set asic :ing Fund undesignated re ided the cost of reinforce Petersen, Doran, Gibson, and Hibbard. blic - Drivate beach Darkina aara oronado 0.7 acre - Financial Summary: City would and approximately $9 million from reserves to make sure ter than estimated expenditures (including a structural a reasonable net profit. Funding from reserves could project as well as an additional $3 million from the which currently exceed $10 million. Staff has not expansion in these amounts. vantages: 1 own th d & the structure; 2) City controls design and mor outh disbursement of parking as opposed to con F15 conce ot o ronado & 12-foot from Hamden will provide Beach By scaping amenities (i.e., bike racks, sar could be incorporated into d Hamden); 7) Could close five additional parking to navigate, elevator I E convenience. n ent opportunities; 5) Design features/ area, h area for beach accoutrements, etc.) Choice of o or two separate entrances (Coronado/ o entrance dependi impact to traffic flow (would gain 3) All egress is on ser friendly (i.e., no large ramps defined, etc.); 10) S & SE corners for Disadvantages: 1) A parking g ces coul rate anywhere from 300 to 1,200 pedestrians per day crossing ado een and Fifth streaks could have a major impact on the LO el of Serve DrivE 20,000 vpd off-peak) as this number o strians is con n a sm! roadway rather than distributed over th beach. T necessity a signal at Second Street, and possibly pe ightwater D between Brightwater and Second Street. This t the alrea will probably be needed at Fifth Street for general t ntroI in the more signal density on a segment of road the lowe OS. he' safely crossing this many pedestrians per day may b significan o' congestion and counterproductive to the intent of Coronado's in Be is also the main access route for the residents on Sand Key as the r south end of the beach; 2) Access to this garage would have e made by turns across opposing traffic from the center lane of Coronado Drive and/or on the east side of the garage via southbound left turns from Coronado Dr' against opposing northbound traffic; 3) Requires five levels to accommo spaces; 4) Future upward expansion of this garage to more than 300 sp problems, as the garage would have to be closed during construction. Council 2008-09-18 12 Item # 10 Attachment number 2 Page 13 of 17 Chase assemblage #5R east of Coronado (1.0 acre) - Financial Summary: City would borrow approximately $3.9 million and fund approximately $10.2 million from reserves to make sure that the project revenues would be greater than estimated expenditures (including a structural mainten&reste ) and stillgenerate a reasonable net profit. Funding from reserves could co$6 million set aside in a project as well as an additional $4.2 million from the P undesignated reserves, which currently exceed $10 million. Staff 4 nforcement for expansion in these amounts. has not includ A s: 1) Cit constr cess; 3) Provi con in one area; 4) 15- 8 esign landscaping an s (i.e., bike racks, sand r be incorporated into design den); 7) Could close Coron mm e additional parking spaces); vigate, elevator lobby ar ience; 10) Require h st square-fo wn the land & the structure; 2) City controls design and re north-south disbursement of parking as opposed to tback from Coronado & 12-foot from Hamden will provide itectural treatment opportunities; 5) Design features/ area, holding area for beach accoutrements, etc.). oice of one or two separate entrances (Coronado/ rance depending on impact to traffic flow (would gain gress is on Hamden; 9) User friendly (i.e., no large ramps ed, etc.); 9) Stairwells at NW & SE corners for r levels to accommodate 292 parking spaces; and 11) Site ng spacdLfficiency ratio. parking 0 spaces could generate anywhere from 300 to 1,200 pe er day cros ' between Second and Fifth streets. This could have a major impact on t Coron ive (40,000 vpd peak, 20,000 vpd off- peak), as this number of pe is concentra in a small section of roadway rather than distributed over the entire his could necessit a installation of a signal at Second Street, and possibly pe signals at Brightw midblock between Brightwater and Second Street. T s not count the alread I that will probably be needed at Fifth Street fo eneral traffic control in the not too uture. The more signal density on a segment of road the lower t crossing this many pedestrians per da counterproductive to the intent of Cor s funs impact to 1 pant in term access route for the residents on San as well asl beach; 2) Access to this garage woul to be made opposing traffic from the center lane of do Drive side of the garage via southbound left turn opposing northbound traffic; 3) Site costs $7 approximately 16-foot by 110-foot area which is no expansion of this garage to more than 300 spaces have to be closed during construction. c flow of safely ay and congestion and n, as it is also@in Hamden nto De v #4; 4 V for the gar pose Britts (Surf Style) Condo Purchase Option - Financiary: Cit approximately $3.9 million and fund approximately $12.7 milli rom reser the project revenues would be greater than estimated expenditures (includi maintenance reserve) and still generate a reasonable net profit. Funding f come from the $6 million set aside in a project as well as an additional $ Parking Fund undesignated reserves, which currently exceed $10 million reinforcement for expansion in that 200 additional spaces are being built a which can be purchased for an additional $4 million (adjusted by CPI) after Council 2008-09-18 erves could on from the des the cost of Mme time, 13 Item # 10 Attachment number 2 Page 14 of 17 Advantages: 1) Eliminates problem with pedestrians crossing Coronado Drive to get to the beach; 2) Provides for smooth entry into the garage via a decel lane on Coronado Drive as opposed to queuing in the continuous left turn lane on Coronado Drive and turning left against opposing northbound traffic; 3) Fits the vision of Beach Walk as the day-trippers who use this garage would be ab immediately access Beach Walk and use the promenades and pedestrian jfaciliti planned and implemented for the beach goer to get to the sand. There is a ach Walk development directly in front of the Britts site for access to the beac ro already constructed future expansion of an additional 200 spaces, City can e after five years. vantages: 1) The C? r ve to the City's leve f rea, holding area for be vel to level two), which amp to exit - dangero d would have to rely on ownA s would be; 5) Elevators ould cause user co a or ameniti pub rive site ab Wrs king flow; and es t t Is not have complete control of the design, owners may sign features/amenities requested (i.e., bike racks, sand coutrements, etc.); 2) 14% ramp slope - very steep ds City's proposed code revisions (not to exceed 12%); 90-degree turn at base of 14% slope; 4) Would not own uctural maintenance and repairs & unclear what those visible on the lower levels due to the retail/restaurant i) Not much space for Beach By Design treatments, squar of per parking space efficiency ratio; 8) Hyatt vay?llllllllllllllllllllll public spaces is located immediately north of this & & ?Mwction ress/egress - possible impact to traffic might be problematic. Britts Surf Style) Le n - FinanciaPS-ummary: City would need to reserve approximately $13 million gether with interest erated from this reserve would cover the expected annual ne er the 30-year lea reasonable annual buffer and structural maintenanc e). Funding of this re e from the $6 million set aside in a project as wel s an additional $7 million from the Fund undesignated reserves, which currently exceed $10 mi ' is an option chase the garage at the sis ill ion n ridable deposit up front. end of 30 years at fair market value if & This cost has not been included in thi . Advantages: 1) Eliminates pro ith the beach; 2) Provides for smooth ent e opposed to queuing in the continuous left opposing northbound traffic; 3) Fits the vision garage would be able to immediately access Be pedestrian facilities already planned and implerr 4) There is a crosswalk in the Beachwalk develc access to the beach. pedestri garage v' I lane on o Drive and as the day- and use the r the beac directly i th Disadvantages: 1) The City does not have complete dWol of the desi s may not be receptive to the City's level of design features/amenities requested (i. acks, san rinse off area, holding area for beach accoutrements, etc.); 2) 14% ramp s ery steep (Ground level to level two) -exceeds City's proposed code revisions (not ed 12%); 3) Down Ramp to exit - dangerous with 90-degree turn at base of 14% slo ould not own and would have to rely on owners for structural maintenance and repairs r what those costs would be; 5) Elevators are not as visible on the lower levels due to the it/restaurant use - could cause user confusion; 6) Not much space for Beach By Design treatments, Council 2008-09-18 14 Item # 10 Attachment number 2 Page 15 of 17 landscaping or amenities. The above items reflect the possibility that this garage may not provide the quality desired; and 7) Worst square-foot per parking space efficiency ratio; 8) Hyatt public parking ingress/egress driveway for 400 public spaces is located immediately north of this site abutting the lever parking & delivery truck ingress/egress - possible impact to traffic flow. Assist Rod Irwin reviewed options. The City Attorney reported I-star sent an e- ing re still interested in negotiating regarding the Lucca property. nse to questi ineering Director Michael Quillen said single deck garages at t Mark, Pier 60 an way locations would consist of 75, 60 and 120 spaces r y. Estimated cost per is $20,000. Finance Director Margie Simmons said $10 million in parking fun rves available for garage construction. Two individuals opposed uction of a parking facility on the beach. Two individual suppo struction of a parking garage on the beach. One individual ed a garage on the urf Style) property. 46WO of the Br' rf Style) property and a representative of I-star indica ontinue t heir respective properties. Staff was directed to cou??aotiatiol?pne month. It was stated that t ct with Mark Searc need an extension. Councilmemb rnmoved to extend co Searcy, Chase Real Estate, and cap commission at 0,000. Motion was duly seconded. ilmembers Doran and Gibson voted "Aye"; Councilmembers P tekos and H voted "Nay." Motion failed. Discussion ensued. Councilmember Gibson moved d the con Mark Estate, through December 31, 2008 and c Fhimoo?usly. 000 no is selected. The motion was duly seconded a A 11.4. 2.061 throuaR2 their entirety and pass Ordinance 8003-08 on first reading. Earlier this year the Council reviewed the general sections of the co advisory boards. The majority of the Council directed that term limits for members be removed. Real property g Additional changes are being made to change "commission" to "co nd to clarify language. Also, due to the State statute requiring a member of the Neighbo d & Affordable Housing Board be from the local planning agency, an exception to the provision that a person Council 2008-09-18 15 Item # 10 Attachment number 2 Page 16 of 17 may not serve on more than one board is being added to allow a person to serve on NAHAB and CDB (Community Development Board). The proposed ordinance also deletes the Beautification Committee and Community Relations Board. ining members for these two boards has been extremely difficult and neither board ha er a year. The Beautification Board has essentially outlived its usefulness. S the Community Relations Board's responsibility to investigate charges of nd ent discrimination was transferred to the County, and since that time been lit for the board to meet. Faneeisd ilmember Creteko d to approve amendments to Sections 2.061 through ry Board Generallfete Article 2, Divisions 3 and 4, Beautification Community Relati oard in their entirety. The motion was duly seconded rried unanimously. Ordinance 8003-0ffwa ted for first reading and read by title only. Imember Gibson mOrdinance 8003-08 on first reading. The motion was conded and upote was: n, and Hibbard. Absent: Miscellaneous Repo 12 - City Attorney 12.1. Royalty Theater - Item pulled 13 - City Manager Verbal Reports 13.1. Scott Bitman - Occupational Planning Director Michael Delk said staff d to sign o Mr. Bitman's occupational license due to non-conf lands and occupational license on this parcel expired in Dece r 2005, no conformity. Mr. Delk said it is unfortunate Mr. Bitman did not c what would be allowed on the property, prior to purchasing t rty. property Mr. Bitman must proceed with level 2 application p howE guarantees of approval. Development and Neighborhood Se ces Dire( said Mr. Bitman has been issued three citations for operating without a Ii Mr. Bitman reviewed history of property and efforts with cleaning Discussion ensued Council 2008-09-18 16 Item # 10 Attachment number 2 Page 17 of 17 14 - Council Discussion Items 14.1. FDOT Presentation of Safety Improvements for U.S.19 from Sunset Point to Enterprise Road. TrOic anager reviewed a power point presentation regarding the traffic operations m north of Sunset Point Road to south of Countryside Boulevard. The estim,0 vements will make road safer by replacing "stop and go" condition northbo 19 with frontage road and slip ramp access and eliminating southb conflicts b median openings. The improvements will be included in the rk Program. er Council Action Councilmembers reporte ;tntryside ming events; congratulate title and cheere tersen said it H i b ed citizens affordable housing and congra 16 - Adjourn The meeting a d Attest: City Clerk Council 2008-09-18 ents in which they recently participated and reviewed chaefer and Janet Rosenquist for Mr. & Mrs. Bay Rays for possible playoff. ce that allows City to donate land for ew Pinellas School Superintendent. 17 atzu, Nagano liaison in Miami, regarding project rtive inserts for Nagano lantern festival. Item # 10 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Pass Ordinance No. 7945-08 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 802 Woodlawn Street, 826 Woodlawn Street, 830 Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200, consisting of property located in Metes and Bounds 32/02, 32/03 and 32/07, in Section 22, Township 29 South, Range 15 East, from Residential Urban (RU) and Institutional (I), to Residential Low Medium (RLM). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7945-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED NORTHEAST OF THE CSX RAILROAD RIGHT-OF- WAY AND WOODLAWN STREET, WHOSE POST OFFICE ADDRESS IS 802 WOODLAWN STREET, 826 WOODLAWN STREET (826 WOODLAWN STREET IS THE ENTIRE SUBDIVISION OF WOODLAWN TERRACE I, A CONDOMINIUM AS RECORDED IN CONDOMINIUM PLAT BOOK 92, PAGE 32 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA), 830 WOODLAWN STREET AND AN UNADDRESSED PARCEL DESIGNATED AS 22/29/15/00000/320/0200, CONSISTING OF PROPERTY LOCATED IN METES AND BOUNDS 32/02, 32/03 AND 32/07, IN SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST, FROM RESIDENTIAL URBAN (RU) AND INSTITUTIONAL (1) TO RESIDENTIAL LOW MEDIUM (RLM); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category Legal Description attached From: Residential Urban (RU) and Institutional (1) LUZ2006-08006 To: Residential Low Medium (RLM) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING AS AMENDED Item # 11 Ordinance No. 7945-08 Attachment number 1 Page 2 of 2 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 11 2 Ordinance No7945-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Continue second reading of Ordinance No. 7946-08 amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 802 Woodlawn Street, 826 Woodlawn Street, 830 Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200, consisting of property located in Metes and Bounds 32/02, 32/03 and 32/07, in Section 22, Township 29 South, Range 15 East, from Institutional (I) to Medium Density Residential (MDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7946-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED NORTHEAST OF THE CSX RAILROAD RIGHT-OF-WAY AND WOODLAWN STREET, WHOSE POST OFFICE ADDRESS IS 826 WOODLAWN STREET (826 WOODLAWN STREET IS THE ENTIRE SUBDIVISION OF WOODLAWN TERRACE I, A CONDOMINIUM AS RECORDED IN CONDOMINIUM PLAT BOOK 92, PAGE 32 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA), 830 WOODLAWN STREET AND AN UNADDRESSED PARCEL DESIGNATED AS 22/29/15/00000/320/0200, CONSISTING OF PROPERTY LOCATED IN METES AND BOUNDS 32/02, 32/07, IN SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST, FROM INSTITUTIONAL (1) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District Legal Description attached From: Institutional (1) LUZ2006-08006 To: Medium Density Residential (MDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7945-08 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING Item # 12 Ordinance No. 7946-08 Attachment number 1 Page 2 of 2 PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 12 Ordinance No. 7946-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Adopt Ordinance No. 7973-08 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 1551 Gulf Boulevard from Residential Medium (RM) and Preservation (P) to Recreation/Open Space (R/OS) and Preservation (P). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7973-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF GULF BOULEVARD APPROXIMATELY 200 FEET NORTH OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 43/01, WHOSE POST OFFICE ADDRESS IS 1551 GULF BOULEVARD, FROM RESIDENTIAL MEDIUM (RM) AND PRESERVATION (P) TO RECREATION/OPEN SPACE (R/OS) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See attached legal description From: Residential Medium (RM) Preservation (P) (LUZ2008-05002) To: Recreation/Open Space (R/OS) Preservation (P) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 13 Ordinance No. 7973-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Adopt Ordinance No. 7974-08 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1551 Gulf Boulevard from Business (B) to Open Space/Recreation (OS/R) and Preservation (P). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7974-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF GULF BOULEVARD APPROXIMATELY 200 FEET NORTH OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 43/01, WHOSE POST OFFICE ADDRESS IS 1551 GULF BOULEVARD, FROM BUSINESS (B) TO OPEN SPACE/RECREATION (OS/R) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See attached legal description From: Business (B) (LUZ2008-05002) To: Open Space/Recreation (OS/R) Preservation (P) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7973-08 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 14 Ordinance No. 7974-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Adopt Ordinance No. 7976-08 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1170, 1180, 1200, and 1226 Gulf Boulevard, from Business (B) to High Density Residential (HDR) and Preservation (P). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 15 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7976-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTHWEST SIDE OF GULF BOULEVARD APPROXIMATELY 2270 FEET SOUTH OF CLEARWATER PASS BRIDGE, CONSISTING OF A PORTION OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 33/021, WHOSE POST OFFICE ADDRESS IS 1170, 1180, 1200 and 1226 GULF BOULEVARD, FROM BUSINESS (B) TO HIGH DENSITY RESIDENTIAL (HDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See attached legal description From: Business (B) (REZ2008-05003) To: High Density Residential (HDR) Preservation (P) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 15 Ordinance No. 7976 -08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Adopt Ordinance No. 7977-08 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1520, 1540, and 1560 Gulf Boulevard, from Business (B) to High Density Residential (HDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7977-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF GULF BOULEVARD APPROXIMATELY 180 FEET NORTH OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1520, 1540 AND 1560 GULF BOULEVARD, FROM BUSINESS (B) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property See attached legal description, less The area not zoned B (REZ2008-05004) Zoning District From: Business (B) To: High Density Residential (HDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 16 Ordinance No. 7977-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Adopt Ordinance No. 7978-08 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1501 Gulf Boulevard, from Business (B) to Medium Density Residential (MDR) and Preservation (P). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7978-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF GULF BOULEVARD APPROXIMATELY 800 FEET NORTH OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 43/01, WHOSE POST OFFICE ADDRESS IS 1501 GULF BOULEVARD, FROM BUSINESS (B) TO MEDIUM DENSITY RESIDENTIAL (MDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See attached legal description From: Business (B) (REZ2008-05005) To: Medium Density Residential (MDR) Preservation (P) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 17 Ordinance No. 7978-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Adopt Ordinance No. 7995-08 on second reading, amending the Operating Budget for the fiscal year ending September 30, 2008 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater Utility Fund, Gas Fund, Solid Waste Fund, Recycling Fund, Marina Fund, Harborview Fund, General Services Fund, Garage Fund, and Central Insurance Fund. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7995-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER AND SEWER FUND, STORMWATER UTILITY FUND, GAS FUND, SOLID WASTE FUND, RECYCLING FUND, MARINA FUND, HARBORVIEW FUND, GENERAL SERVICES FUND, GARAGE FUND, AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2008, for operating purposes, including debt service, was adopted by Ordinance No. 7866-07; and WHEREAS, at the Third Quarter Review it was found that increases and decreases are necessary in the total amount of $16,154,187 for revenues and $14,739,998 for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 7866-07 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2007 and ending September 30, 2008 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank Hibbard, Mayor Attest: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk Item # 18 Ordinance No. 7995-08 Attachment number 2 Page 1 of 2 EXHIBIT A 2007-08 BUDGET REVENUE First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2007/08 2007/08 2007/08 2007/08 Amendment General Fund: Property Taxes 47,273,940 47,273,940 47,273,940 47,473,000 199,060 Franchise Fees 9,833,640 9,833,640 9,833,640 9,427,000 (406,640) Utility Taxes 11,928,390 11,928,390 11,928,390 11,799,940 (128,450) Licenses, Permits & Fees 4,492,580 4,492,580 4,492,580 3,964,540 (528,040) Sales Tax 6,564,320 6,197,530 6,197,530 5,850,000 (347,530) Communications Services Tax 7,045,750 7,045,750 7,045,750 7,045,750 Intergovernmental Revenues 11,809,270 12,472,210 12,472,210 14,986,110 2,513,900 Charges for Current Services 3,763,800 3,799,950 3,869,800 3,895,800 26,000 Fines & Forfeitures 955,000 955,000 955,000 905,000 (50,000) Interest Income 1,263,950 1,263,950 1,263,950 1,848,950 585,000 Miscellaneous 1,053,710 1,503,710 1,803,710 1,949,210 145,500 Interfund Charges / Transfers In 17,193,280 17,220,388 17,220,388 18,330,894 1,110,506 Transfer from Surplus 0 623,485 499,645 9,246,537 8,746,892 Total, General Fund 123,177,630 124,610,522 124,856,532 136,722,730 11,866,198 Special Revenue Funds: Special Development Fund 18,166,980 18,166,980 19,366,980 19,466,299 99,319 Special Program Fund 2,132,910 4,062,152 4,701,069 5,469,485 768,416 Local Housing Asst Trust Fund 1,195,250 1,195,250 1,195,250 1,195,250 Utility & Other Enterprise Funds: Water & Sewer Fund 59,930,170 59,930,170 56,730,170 58,310,261 1,580,091 Stormwater Utility Fund 14,436,690 14,499,680 14,532,988 17,139,516 2,606,528 Solid Waste Fund 18,153,900 18,153,900 18,060,600 18,218,600 158,000 Gas Fund 50,656,650 53,123,570 52,144,160 49,603,100 (2,541,060) Recycling Fund 2,834,930 3,044,260 3,334,260 3,566,360 232,100 Marine (and Aviation) Fund 4,823,730 4,702,910 4,702,910 5,602,910 900,000 Airpark Fund 0 233,000 235,070 235,070 Parking Fund 4,102,130 4,342,130 4,447,830 4,447,830 Harborview Center Fund 704,360 704,360 704,360 775,855 71,495 Internal Service Funds: Administrative Services Fund 10,200,730 10,200,730 10,200,730 10,200,730 General Services Fund 5,236,710 5,236,710 5,236,710 5,243,810 7,100 Garage Fund 13,293,770 13,293,770 13,293,770 13,319,770 26,000 Central Insurance Fund 21,306,060 21,690,338 24,426,435 24,806,435 380,000 Total, All Funds 350,352,600 357,190,432 358,169,824 374,324,011 16,154,187 Ordinance #7995-08 Item # 18 Attachment number 2 Page 2 of 2 EXHIBIT A (Continued) 2007-08 BUDGET EXPENDITURES Original Budget 2007/08 First Quarter Amended Budget 2007/08 Mid Year Amended Budget 2007/08 Third Quarter Amended Budget 2007/08 udget Amendment General Fund: City Council 295,920 295,920 295,920 295,920 City Manager's Office 1,268,700 1,268,700 1,178,700 1,178,700 City Attorney's Office 1,676,820 1,676,820 1,676,820 1,751,819 74,999 City Audit 162,870 172,870 172,870 173,620 750 Development & Neighborhood Svcs 4,295,940 4,395,940 4,395,940 4,395,940 Economic Development & Housing S 1,436,710 1,436,710 1,436,710 1,436,710 Engineering 7,028,070 7,028,070 7,028,070 7,113,070 85,000 Equity Services 338,200 338,200 338,200 338,200 Finance 2,265,190 2,255,190 2,255,190 2,254,440 (750) Fire 21,423,410 21,423,410 21,423,410 22,905,740 1,482,330 Human Resources 1,231,480 1,231,480 1,231,480 1,231,480 Library 6,433,700 6,433,700 6,433,700 6,433,700 Marine & Aviation 1,221,490 1,221,490 1,261,490 1,261,490 Non-Departmental 6,394,690 7,691,432 7,791,432 16,951,291 9,159,859 Office of Management & Budget 305,160 305,160 305,160 305,160 Official Records & Legislative Svcs 1,255,700 1,255,700 1,255,700 1,255,700 Parks & Recreation 21,888,050 22,023,510 22,101,520 22,127,520 26,000 Planning 1,414,750 1,414,750 1,414,750 1,414,750 Police 36,970,730 36,970,730 37,088,730 38,074,240 985,510 Public Communications 1,098,590 1,098,590 1,098,590 1,100,990 2,400 Public Services 3,684,770 3,585,460 3,585,460 3,635,560 50,100 Allocation to Reserve 1,086,690 1,086,690 1,086,690 1,086,690 Total, General Fund 123,177,630 124,610,522 124,856,532 136,722,730 11,866,198 Special Revenue Funds: Special Development Fund 15,933,750 16,564,500 18,564,500 18,740,183 175,683 Special Program Fund 1,832,910 3,762,152 4,401,069 5,169,485 768,416 Local Housing Asst Trust Fund 1,195,250 1,195,250 1,195,250 1,195,250 Utility & Other Enterprise Funds: Water & Sewer Fund 59,930,170 59,930,170 56,730,170 55,902,983 (827,187) Stormwater Utility Fund 14,436,690 14,499,680 14,532,988 15,873,306 1,340,318 Solid Waste Fund 18,068,320 18,068,320 17,975,000 17,909,830 (65,170) Gas Fund 45,896,470 47,777,980 46,782,550 47,350,340 567,790 Recycling Fund 2,834,930 3,017,740 3,307,440 3,338,290 30,850 Marine (and Aviation) Fund 4,774,180 4,522,040 4,522,040 5,372,040 850,000 Airpark Fund 0 232,540 235,070 235,070 Parking Fund 3,804,260 3,952,580 4,008,980 4,008,980 Harborview Center Fund 704,360 704,360 704,360 704,360 Internal Service Funds: Administrative Services Fund 10,197,640 10,197,640 10,197,640 10,197,640 General Services Fund 5,235,590 5,235,590 5,235,590 5,242,690 7,100 Garage Fund 13,293,770 13,293,770 13,293,770 13,319,770 26,000 Central Insurance Fund 19,986,040 20,370,318 23,106,415 23,106,415 Total, All Funds 341,301,960 347,935,152 349,649,364 364,389,362 14,739,998 Ordinance #7995-08 Item # 18 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 10/2/2008 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7996-08 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2008, to reflect a net increase of $5,923,873. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7996-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008, TO REFLECT A NET INCREASE OF $5,923,873, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2008 was adopted by Ordinance No. 7867-07; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 7867-07 is amended to read: Pursuant to the Third Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2007 and ending September 30, 2008, a copy of which is on file with the City Clerk, the City Council hereby adopts a Third Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Pamela K. Akin City Attorney Frank Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 19 Ordinance #7996-08 Attachment number 2 Page 1 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2007/08 2007/08 2007/08 2007/08 Amdmnts Police Protection 250,000 (555,302) (555,302) (555,302) Fire Protection 451,000 458,000 458,000 466,358 8,358 Major Street Maintenance 3,775,720 3,730,165 3,974,164 3,416,474 (557,690) Sidewalks and Bike Trail 0 161,015 1,429,596 1,429,707 111 Intersections 435,000 385,824 385,824 385,824 Parking 300,000 267,230 267,230 267,230 Miscellaneous Engineering 35,000 73,250 73,250 73,250 Land Acquisition 0 (759) (759) (759) Park Development 10,155,410 11,024,722 11,285,697 16,421,250 5,135,553 Marine Facilities 160,000 11,310,000 13,896,097 14,226,318 330,221 Airpark Facilities 10,000 10,000 10,000 185,000 175,000 Libraries 706,290 706,290 373,275 373,275 Garage 2,840,500 2,840,500 2,840,500 2,833,295 (7,205) Maintenance of Buildings 998,000 998,000 900,455 868,568 (31,887) General Public City Buildings 0 0 0 (141,543) (141,543) Miscellaneous 909,000 909,000 909,000 1,353,218 444,218 Stormwater Utility 5,511,300 6,554,854 6,588,162 6,773,722 185,560 Gas System 6,168,830 2,003,705 2,003,705 2,112,688 108,983 Solid Waste 160,000 160,000 160,000 160,000 Utilities Miscellaneous 44,000 44,000 44,000 44,000 Sewer System 12,347,280 12,871,722 12,792,522 13,066,717 274,195 Water System 10,971,460 11,714,662 11,745,809 11,745,809 Recycling 140,000 140,000 140,000 140,000 TOTAL 56,368,790 65,806,878 69,721,226 75,645,099 5,923,873 Item # 19 Ordinance # 7996-08 Attachment number 2 Page 2 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2007/08 2007/08 2007/08 2007/08 Amdmnts GENERAL SOURCES: General Operating Revenue 2,072,330 3,131,859 2,958,844 12,003,511 9,044,667 General Revenue/County Co-op 706,290 706,290 706,290 706,290 Road Millage 2,820,720 2,820,720 2,820,720 2,820,720 Penny for Pinellas 3,350,000 3,950,000 3,950,000 3,950,000 Transportation Impact Fee 290,000 320,750 320,750 320,750 Development Impact Fee 0 0 0 0 Local Option Gas Tax 1,100,000 1,100,000 1,100,000 1,100,000 Recreation Land Impact Fee 750,000 750,000 750,000 750,000 Open Space Impact Fee 750,000 750,000 750,000 750,000 Special Development Fund 0 0 2,000,000 2,000,000 Drainage Impact Fees 0 0 0 175,683 175,683 Special Program Fund 30,000 30,000 30,000 30,000 Grants - Other Agencies 4,700,000 4,672,115 6,040,696 6,140,129 99,433 Sales of Surplus Revenue 0 1,087 2,062 2,062 Donation Revenue 0 (67,775) (67,775) (62,175) 5,600 Other Governmental Units 0 1,399,824 1,399,824 1,445,317 45,493 Other Contributions 0 0 49,400 49,400 Property Owner's Share 0 0 0 77,096 77,096 SELF SUPPORTING FUNDS: Marine/Aviation Revenue 50,000 50,000 50,000 50,000 Parking Revenue 303,000 303,000 303,000 303,000 Harborview Revenue 118,910 118,910 118,910 118,910 Utility System: Water Revenue 1,978,500 1,978,500 1,978,500 1,978,500 Sewer Revenue 15,800 15,800 15,800 (3,767,778) (3,783,578) Water Impact Fees 250,000 250,000 250,000 250,000 Sewer Impact Fees 1,044,600 1,044,600 1,044,600 1,044,600 Utility R&R 2,706,060 2,706,060 2,706,060 2,706,060 Stormwater Utility Revenue 2,609,570 2,672,560 2,705,868 5,312,396 2,606,528 Gas Revenue 5,945,000 1,780,000 1,780,000 1,780,000 Grants - Other Agencies 0 980,564 1,029,566 1,029,566 Item # 19 Ordinance # 7996-08 Attachment number 2 Page 3 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 INTERNAL SERVICE FUNDS: Garage Revenue Administrative Services Revenue Central Insurance Revenue BORROWING - GENERAL SOURCES: Lease Purchase - General Fund Lease Purchase - Special Events Revenue Bonds - General Fund BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water Lease Purchase - Solid Waste Lease Purchase - Recycling Bond Issues - Water & Sewer Bond Issue - Stormwater Bond Issue - Marine BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage Lease Purchase - Administrative Services First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2007/08 2007/08 2007/08 2007/08 Amdmnts 179,000 179,000 179,000 179,000 500,000 500,000 500,000 500,000 0 0 2,736,097 2,736,097 383,000 (420,215) (420,215) (439,860) (19,645) 34,000 34,000 34,000 34,000 0 0 0 (3,754,638) (3,754,638) 73,780 41,000 41,000 41,000 160,000 160,000 160,000 160,000 140,000 140,000 140,000 140,000 17,303,000 17,303,000 17,303,000 21,319,741 4,016,741 2,907,730 2,907,730 2,907,730 318,223 (2,589,507) 0 10,400,000 8,250,000 8,250,000 2,758,500 2,758,500 2,758,500 2,758,500 339,000 339,000 339,000 339,000 TOTAL ALL FUNDING SOURCES: 56,368,790 65,806,878 69,721,226 75,645,098 5,923,873 Item # 19 Ordinance # 7996-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Adopt Ordinance No. 8003-08 on second reading, amending Chapter 2, Article 111, Code of Ordinances, relating to appointed authorities, boards, committees, updating language to refer to "City Council" and making other clerical corrections; amending Section 2.063 regarding qualifications and appointment of members; amending Section 2.064 regarding terms of members; amending 2.069 regarding resignation of members; repealing Dvision 3, Beautification Committee and Division 4, Community Relations Board. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 20 Attachment number 1 Page 1 of 7 ORDINANCE NO. 8003-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 2, ARTICLE III, CODE OF ORDINANCES, RELATING TO APPOINTED AUTHORITIES, BOARDS, COMMITTEES; UPDATING LANGUAGE TO REFER TO "CITY COUNCIL" AND MAKING OTHER CLERICAL CORRECTIONS; AMENDING SECTION 2.063 REGARDING QUALIFICATIONS AND APPOINTMENT OF MEMBERS; AMENDING SECTION 2.064 REGARDING TERMS OF MEMBERS; AMENDING SECTION 2.069 REGARDING RESIGNATION OF MEMEBERS; REPEALING DIVISION 3, BEAUTIFICATION COMMITTEE AND DIVISION 47 COMMUNITY RELATIONS BOARD; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 2, Article III, Division I, Code of Ordinances, is hereby amended as follows: DIVISION 1. GENERALLY Sec. 2.061. Application of article; definitions. (1) The provisions of this article shall apply to all appointive boards of the City, except as otherwise provided in this Code. (2) As used in this article: (a) "Board of the City" or "board" means a board, committee, authority, or other entity established by an ordinance or resolution adopted by the city council or by a special act of the Florida Legislature relating solely to the city, and for which the city council has the authority to establish the qualifications for membership. The term does not include an agency of the state or of the county, or an agency established by interlocal agreement, notwithstanding that the city ^nmmiccinn council may appoint one or more members to the board of such agency. (b) "Resident" means a natural person who resides within the City of Clearwater for not less than six months in each calendar year. Ordinance No. 8001$M # 20 Attachment number 1 Page 2 of 7 Sec. 2.062. Establishment of new boards. New boards shall be established by ordinance at the discretion of the city nnmmiccinn council. An ordinance establishing a board shall also establish the duties of the board and the qualifications of its members. Sec. 2.063. Qualifications and appointment of members. (1) In addition to other qualifications which may be specified for board membership, a person appointed to a board shall be a resident of the city at the time of appointment and shall maintain residency within the city during the term of the appointment as a condition of eligibility to hold office. No employee of the city shall be appointed to membership on a board of the city. As exceptions to the requirements of this section: (a) The Community Relations -Reard shall appointed as provided i=n SQrtinn 2.121. {bI (a) The Firefighters Relief and Pension Fund Board of Trustees shall be appointed or elected as provided in Section 2.443. {c4 (b) The Firemen's Pension Fund Board of Trustees shall be elected or, in the case of the mayor and chief of the fire department, assume office as provided in Section 4 of Article I of the Related Laws of the City, derived from Chapter 30658, Laws of Florida, Special Acts (1955), or as may be amended from time to time. 0) The Gas Fitter's Examining Board shall be appointed as provided in the Gas Code of the City of Clearwater, Florida, 1965, as adopted by Ordinance 1070 on December 6, 1965, or as may be amended from time to time. {? The Pension Fund Pension Advisory Committee shall be elected as provided in Section 2.395(24ALdl. 44 The Police Officers Pension Trust Fund (also known as the Supplementary Police Officers' Retirement Fund) Board of Trustees shall be appointed or elected as provided in Section 2.473(1). {M The Brownsfields Advisory Board shall be appointed as provided in section 2.241. {- The Clearwater Housing Authority shall be allowed to appeint have members that are residents of Pinellas County who are employed within the city limits. This exception shall be limited to not more than two members serving concurrently. {+)-L?LThe persons appointed to the Neighborhood and Affordable Housing Advisory Board need not be residents of the city as long as they meet the qualifications set forth in Section 2.226(2), except 2 Ordinance No. 80MM # 20 Attachment number 1 Page 3 of 7 that the person referenced in Subsection 2.226(2)9. must be a resident of the city. (2) Any person appointed to any board of the city shall be appointed by the city council in the following manner: (a) Any person meeting the qualifications of office and wishing to serve on a board shall submit his or her name and a brief resume to the city clerk. (b) The city clerk shall notify the city council in writing, of upcoming vacancies on the boards, and shall provide to the city ?nmmiccinn council the names and brief resumes of the persons who have expressed an interest in serving on each board having a vacancy. (c) At the first regular city ^mmiccinn council meeting each month, appointments will be made by the ^mmiccinn council to fill the vacancies. (d) Board members whose terms have expired shall continue to serve until their successors are appointed. (e) When a vacancy due to resignation, removal, or death is filled, the appointment of a replacement member shall take effect on the date of appointment, except as may otherwise be provided by state law. A vacancy due to expiration of a term shall be filled approximately 30 days in advance, with the appointment effective as of the beginning of the next term. Sec. 2.064. Terms of members. (1) Except as may be required by state law, and notwithstanding any other provision of this code or a resolution of the city council to the contrary, a term of office on any board shall be for four years. This provision shall not apply to any member of any board who is presently serving a term of greater or less than four years until the expiration of such term, but this provision shall apply upon the expiration of the current term of each such member. (2) No person shall serve more than two consecutive full terms on any one board, and no person shall serve concurrently on more than one board unless the second board is an ad hoc board, except that a person may serve concurrently on both the Neiahborhood and Affordable Housina Advisory Board and another board that Person shall not be eligible f t.M.R-nt to thR $;;;MR howd for length of time equal to nn° fi ill term An +h° hnorr! ea. d. 3 Ordinance No. 80MM # 20 Attachment number 1 Page 4 of 7 Sec. 2.065. Compensation of members. Board members shall serve without compensation except as may be provided by ordinance or resolution of the nnmmiccinn council. Sec. 2.068. Staff members and other ex officio members. (1) The city manager shall appoint a staff member to serve as a liaison with each of the boards established by the city council. City employees shall provide support for a board upon invitation only or as their official duties may require. (2) The city council shall designate a person between the age of 17 and 22 years who may or may not be an active student to serve as a member of each of the following boards: The Gnmm„ni+„ rolotinnc beard, parks and recreation board, library board and sister city board hoof i?ifino?inn nnmmi??oo Sec. 2.069. Resignation of members. Members of boards may resign at any time. 0 Member wh„ resigns Will not be eligible fer appeint.m.e-nt to the same heard fer a per ed of time equal to a fi ill term of +ho+ hnorr! Section 2. Chapter 2, Article III, Division 3, Beautification Committee, Code of Ordinances, reading as follows, is hereby repealed and shall be of no further force and effect: DIVISION 3. BEAUTIFICATION COMMITTEE Sec. 2.101. Creation. There is hereby created a beautification committee. Sec. 2.102. Composition. The beautification committee shall be composed of five members who shall be residents of the city. Sec. 2.103. Terms of members. The members of the beautification committee shall have four-year staggered terms, staggered such that not more than three terms shall expire in any calendar year. 4 Ordinance No. 8001$M # 20 Attachment number 1 Page 5 of 7 Sec. 2.104. Powers and duties. The beautification committee shall encourage the beautification and aesthetic enhancement of the city, review selected city projects, advise the city manager and other municipal officials regarding such projects, and submit reports of its recommendations to the city commission. Section 3. Chapter 2, Article III, Division 4, Community Relations Board Code of Ordinances, reading as follows, is hereby repealed and shall be of no further force and effect: DIVISION 4. COMMUNITY RELATIONS BOARD Sec. 2.121. Creation; composition. (1) The community relations board is hereby created and shall be composed of five citizens of the city, appointed by the city commission to serve for terms of four years, staggered such that not more than two terms shall expire in any calendar year. In addition to minority representation on such board, the board shall have one non-voting member representing the Clearwater Police Department, and shall be chosen to ensure representation for varying diverse ages, races, genders, religious backgrounds, etc. (2) Members' terms shall be set up on an overlapping basis and members may not be appointed to serve more than two consecutive terms. Vacancies shall be filled in the same manner as the original appointments. Each member shall serve without compensation and may be removed without cause by the city commission at any time. Members of the community relations board shall appoint a chairperson and vice-chairperson and the board may promulgate rules and regulations for the conduct of its meetings and affairs. Sec. 2.122. Officers. (1) The chairperson of the community relations board serves for a term of two years and has the following duties: (a) Call board meetings and set the agenda for the same; (b) Preside at board meetings; (c) Appoint one or more panels of not less than three board members to exercise board powers, as provided in section 2.125; (d) Appoint and define the role of such committees as are necessary or expedient to advise the board or its director; (e) Perform such other functions as the board may assign by rule or order. (2) The vice-chairperson serves for a term of two years, the term to run concurrently with that of the chairperson. The vice-chairperson performs the duties of the chairperson in the chairperson's absence and performs other such duties as the chairperson may assign. (3) If a vacancy occurs in the office of chairperson, the vice-chairperson shall become the chairperson for the unexpired term of the chairperson. If a vacancy 5 Ordinance No. 8001$M # 20 Attachment number 1 Page 6 of 7 occurs in the office of vice-chairperson, the board will select another member to fill the unexpired term of the vice-chairperson. Sec. 2.123. Meetings. (1) The community relations board shall be required to hold at least four meetings each year and may meet more frequently. Notice of the time and place of the meeting shall be given to all board members and all parties scheduled to be heard, and shall be made public. The chairperson may call an unscheduled meeting, and meetings may also be called by written notice signed by three members of the board. All meetings shall be public. The city manager shall provide such staff as may reasonably be required in his discretion to assist the board in the performance of its duties. The city manager shall provide a regular meeting place for the board. (2) A majority of the active members or not less than three members of the board shall constitute a quorum for the conduct of board business. A majority of the members of a panel or committee shall constitute a quorum for the conduct of business assigned to a panel or committee. In the presence of a quorum, board or panel business shall be conducted by a majority vote. Sec. 2.124. Objectives. (1) The objectives of the community relations board shall be to: (a) Promote and encourage fair treatment and equal opportunity for all persons regardless of race, creed, color, sex, national origin, age, disability, or marital status, and mutual understanding and respect among members of all economic, social, racial, religious, and ethnic groups and shall endeavor to eliminate discrimination against and antagonism between religious, racial and ethnic groups and their members; (b) Cooperate with governmental and nongovernmental agencies and organizations having like or kindred functions; (c) Make such investigations and studies in the field of human relations as in the judgment of the board will aid in effectuating its general purposes; (d) Assist various groups and agencies of the community to cooperate in educational programs and campaigns devoted to the elimination of group prejudices, racial tension, intolerance, disrespect for diversity, or discrimination; (e) Aid in permitting the city to benefit from the fullest realization of its human resources; and (f) Recommend that the city accept grants and contracts from foundations and other sources for the purpose of carrying out the above-listed functions, subject to the approval of the city manager. (2) The objectives set forth in subsection (1) of this section are not to be construed as duties and the board shall have the discretion to determine when each objective is implemented. Sec. 2.125. Powers and duties. The powers and duties of the community relations board shall be to- 6 Ordinance No. 8001$M # 20 Attachment number 1 Page 7 of 7 (1) Develop and implement programs/materials, and the fostering of mutually beneficial relationships, through the Human Relations Department, in order to facilitate the reduction of prejudice and tension in relation to all matters involving race, creed, color, sex, national origin, age, disability, or marital status and disorder occasioned thereby. (2) Propose reasonable rules and regulations as are necessary to effectuate the policies of this chapter. Such rules and regulations shall become effective upon approval by the city commission. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 7 Ordinance No. 8001$M # 20 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 10/2/2008 SUBJECT / RECOMMENDATION: Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. (consent) SUMMARY: All vehicles and equipment have been replaced as necessary and are no longer required. Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Auctioneer of Record. Type: Other Current Year Budget?: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0566-00000-364413-000-000- 0000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Revenue to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amount To be determined No Budget Adjustment: No Annual Operating Cost: N/A Total Cost: Appropriation Comment Sale proceeds Bid Number: Bid Exceptions: None Cover Memo Item # 21 Attachment number 1 Page 1 of 1 Surplus for October 2nd, 2008 Meeting REASON FOR ITEM # Asset# YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS/ DISPOSAL 1 G0435 1971 Caterpillar 155kw generator 45BH1642 N/A Age/Condition 2 G0721 1984 Ford 340B Farm Tractor C728965 3,950 hrs. Not Operational 3 G1605 1998 Jeep Cherokee 4 dr. 1J4FT28S2TL215377 68664 Age/Condition 4 G1614 1996 8' Express Enclosed Trailer 1 E9ES0814TC103017 N/A Age/Condition 5 G1707 1997 Ford E350 Cargo Van 1FTJE34L1VHA45517 97,365 Age/Condition 6 G2005 1998 Ford F150 Pickup Truck 1 FTZF1726WNC36862 87,186 Age/Condition 7 G2238 2000 Ford Crown Vic Police Car 2FAFP71W8YX164326 89404 Age/Condition 8 G2309 2001 Peterbilt/Neil Side Loader Refuse 1NPZLZOX91D712851 55305 Age/Condition 9 G2343 2001 GMC Sonoma Pickup Truck 1 GTCS14W21 K189123 83802 Age/Condition 10 G2352 2001 Hustler 3200 Riding Mower 103012 N/A Age/Condition 11 G2391 1999 Ford Crown Vic Police Car 2FAFP71WX1X146691 99,258 Age/Condition 12 G2519 2002 Ford Crown Vic Police Car 2FAFP71W42X134585 88,138 Age/Condition 13 G2522 2002 Ford Crown Vic Police Car 2FAFP71WX2X134588 93,795 Age/Condition 14 G2537 2002 Ford Crown Vic Police Car 2FAFP71W62X134586 97,903 Age/Condition 15 G2592 2003 Ford Crown Vic Police Car 2FAFP71W22X134584 98,249 Age/Condition 16 G2612 2002 Caterpillar 277 Tracked Loader CN000510 N/A Needs major track repairs 17 G2687 2003 Ford Crown Vic Police Car 2FAHP71W93X189205 90,200 Age/Condition 18 G637A 1981 6x12 Flatbed Trailer 112248 N/A Age/Condition 19 2 Pallets of Emergency Light Bars ( 18 Bars Total Obsolete Equipment Item # 21 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 10/2/2008 SUBJECT / RECOMMENDATION: Approve and accept a Non-Exclusive Gas Line Easement Agreement with University Community Hospital to install a 4-inch natural gas main to serve the Connerton Commerce Center and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater Gas System currently maintains a 6-inch natural gas main along the west side of Land O' Lakes Boulevard (US 41) in Pasco County. This agreement will allow Clearwater Gas System to use the existing 6-inch gas main to supply natural gas to a proposed 4-inch gas main installed on University Community Hospital's property to serve the ConnertonCommerce Center. Type: Other Current Year Budget?: None Budget Adjustment: Budget Adjustment Comments: Current Year Cost: 0 Annual Operating Cost: Not to Exceed: 0 Total Cost: For Fiscal Year: 2008 to 2009 Review Approval: 1) Clerk None 0 0 Cover Memo Item # 22 This Instrument Prepared by and Return to: Jeanette M. Flores, Esquire GRAYROBINSON, P.A. 201 N. Franklin Street, Suite 2200 Tampa, Florida 33602 Telephone: (813) 273-5000 NON-EXCLUSIVE GAS LINE EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to GRANTOR, the receipt of which is hereby acknowledged, and the benefits derived therefrom GRANTOR, University Community Hospital, Inc., a Florida non- profit corporation ("GRANTOR") having an address of 3100 E. Fletcher Avenue, Tampa, Florida 33613 does hereby grant and convey to the City of Clearwater, Florida, GRANTEE, an non-exclusive easement over under and across the following described land, lying and being situate in the County of Pasco, State of Florida, described in Exhibit "A" attached hereto and made a part hereof (the "Easement Area"). TO HAVE AND TO HOLD, the same unto said GRANTEE, its successors and assigns forever. This easement being for the purpose of construction, placement, operating, maintaining, inspecting, repairing, replacing and patroling a natural gas line and appurtenances (the "Utilities") in connection with the safe and efficient installation, operation and maintenance of the gas line within the Easement Area. The Utilities shall be located underneath the Easement Area and in no event shall any Utilities be located above-ground in the Easement Area. The GRANTEE shall have the right to enter the Easement Area and install, inspect, and operate the Utilities and maintain or alter same from time to time. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTEE shall have quiet and peaceful possession, use, and enjoyment of this easement through all those claiming by, through and under GRANTOR. GRANTOR shall continue to own the Easement Area, subject to the Easement. GRANTOR may continue to use the Easement Area and may grant additional non- exclusive easements with the Easement Area; provided, however, GRANTOR shall not alter, or allow the alteration of, the Easement Area in any way that would impair GRANTEE's rights or ability to use the Easement Area for its intended purpose. To the extent that any improvements installed by GRANTEE in the Easement Area must be relocated to accommodate GRANTOR's improvements in, or use of the Easement Area, then GRANTOR may relocate the Utilities to another parcel of land owned by GRANTOR, and GRANTOR shall be responsible for such relocation at GRANTOR's sole cost and expense. Item # 22 Reserved for Clerk Attachment number 1 Page 2 of 5 GRANTEE, at its sole cost and expense, shall maintain the Utilities in good working condition. In the event that GRANTEE damages the Easement Area, GRANTEE shall promptly repair any such damage to the Easement Area at its sole cost and expense. Except to the extent caused by the negligence or intentional misconduct of GRANTOR or its officers, employees, contractors or agents, GRANTEE, to the maximum extent permitted by Florida Statutes 768.28, shall indemnify, defend and hold harmless GRANTOR for any loss, damage, liability, claim, expense or cost, including attorneys and paralegal fees, related to or arising out of GRANTEE's use of the Easement Area, whether incurred out of court, at trial, on appeal or in any bankruptcy, mediation, arbitration or administrative proceeding. Nothing herein shall be construed as consent by GRANTEE to be sued by third parties or as a waiver of sovereign immunity. Whenever any notice, demand, consent, delivery or request is required or permitted hereunder, it shall be in writing and shall be deemed to have been properly given or served (a) when delivered in fact to the other party, or (b) three (3) business days after having been deposited in the United States mail, with adequate postage prepaid and sent by registered or certified mail with return receipt requested, or (c) when delivered to Federal Express or other comparable overnight courier which obtains a receipt to confirm delivery to the addresses set forth below or at such other addresses as are specified by written notice so given in accordance herewith. All notices and requests required or authorized hereunder shall be delivered as aforesaid to the respective parties hereto as follows: TO GRANTOR: Mr. Norman V. Stein University Community Hospital, Inc. 3100 E. Fletcher Avenue Tampa, Florida 33613 With a copy to: Joline Miceli-Mullen, Esq. University Community Hospital, Inc. 3100 E. Fletcher Avenue Tampa, Florida 33613 TO GRANTEE: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same agreement. This Agreement and the exhibits attached hereto contain the entire agreement between the parties. There are no promises, agreements, conditions, undertaking, warranties or representations, oral or written, express or implied between the parties other than as herein set forth. No waiver of any of the provisions of this Agreement or any \353100\4 - # 1394605 v2 2 Item # 22 Attachment number 1 Page 3 of 5 other agreement referred to herein shall be valid unless in writing and signed by the party against whom enforcement is sought. The Easement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors and/or assigns. At such time as title to the Easement Area is transferred, the transferor of the Easement Area shall be relieved of all liability and obligations arising from and after the date of such transfer, and the transferee, by accepting title to such Easement Area, shall be deemed to have expressly assumed all of the obligations and rights of the transferor under this Agreement with respect to such parcel. This Grant may be amended and modified only by instrument, in writing, executed by all parties hereto. No parties other than GRANTOR and GRANTEE shall be deemed to be intended beneficiaries of this Grant. In connection with any litigation including appellate proceedings arising out of this Agreement, the prevailing party shall be entitled to recover from the losing party its Attorneys' Fees. As used in this Agreement, "Attorneys Fees" shall mean all reasonable attorneys' and paralegal's fees and costs incurred in enforcing its rights and remedies hereunder, including costs of collection prior to instigating litigation, costs at trial, on appeal or in any bankruptcy or administrative proceeding. GRANTEE and GRANTOR agree that venue for any matters arising in connection with this Agreement shall only be in the Circuit Court in and for the County of Pasco, State of Florida. GRANTEE AND GRANTOR WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, OR RELATED TO, THE SUBJECT MATTER OF THIS AGREEMENT. THIS WAIVER IS KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY MADE BY EACH PARTY AND EACH PARTY EXPRESSLY ACKNOWLEDGES THAT NEITHER THE OTHER PARTY NOR ANY PERSON ACTING ON BEHALF OF THE OTHER PARTY HAS MADE ANY REPRESENTATIONS OF FACT TO INCLUDE THIS WAIVER OF TRIAL BY JURY OR IN ANY WAY TO MODIFY OR NULLIFY ITS EFFECT. EACH PARTY ACKNOWLEDGES TO THE OTHER THAT IT HAS READ AND UNDERSTANDS THE MEANING AND EFFECT OF THIS WAIVER PROVISION. [Signature page follows.] \353100\4 - # 1394605 v2 3 Item # 22 Attachment number 1 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed by its proper officers thereunto authorized and its seal to be thereunto affixed, this day of , 2008. WITNESSES: UNIVERSITY COMMUNITY HOSPITAL, INC., a Florida non-profit corporation Print Name: By:_ Title: Print Name: STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this day of 2008, by as of University Community Hospital, Inc., a Florida non-profit corporation, on behalf of the GRANTOR. He/she is personally known to me or has produced (type of identification) as identification. Notary Public, State of Florida (NOTARY SEAL) Printed name: My Commission Expires: \353100\4 - # 1394605 v2 4 Item # 22 Attachment number 1 Page 5 of 5 WITNESSES: CITY OF CLEARWATER, a municipal subdivision of the State of Florida By: Title: Print Name: Print Name: ATTEST: City Clerk STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2008, by as of the city of Clearwater, a on behalf of the GRANTEE. He/She is personally known to me or has produced (type of identification) as identification. Notary Public, State of Florida (NOTARY SEAL) Printed name: My Commission Expires: \353100\4 - # 1394605 v2 5 Item # 22 I I a 1 1 ¦ ¦ 1 ¦ ¦ ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Award a contract (purchase order) to State of Florida, Department of Management Services, Tallahassee, Florida - Suncom long distance overflow service, State AIN lines, and Toll free lines during the period October 1, 2008 to September 30, 2009, at a cost not to exceed $143,150 in accordance with Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 03-STO-011, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Department of Management Services - $143,150 Toll Free number into the network $650 Centranet lines (462 numbers) for the outlying individual sites $140,000 Domestic overflow long distance calls through Suncom $2,500 Cost for these services represent a decrease of $64,150 from last year. Type: Operating Expenditure Current Year Budget?: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $143,150.00 10/1/08 to 9/30/09 Appropriation Code 0555-09865-542100-519-000- 0000 Review Approval: 1) Clerk Amount $143,150.00 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment No Cover Memo Item # 23 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 10/2/2008 SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Oracle USA Inc., Chicago, Illinois for the period October 1, 2008 through September 30, 2009 for database maintenance at a cost not to exceed $185,000 in accordance with Sec. 2.564 (1)(b) and authorize the appropriate officials to execute same. (consent) SUMMARY: This is an annual contract for Peoplesoft (Payroll system), Oracle (database licensing), and SPUSynergen maintenance (asset management system). Type: Operating Expenditure Current Year Budget?: No Budget Adjustment: Budget Adjustment Comments: Current Year Cost: Annual Operating Cost: Not to Exceed: $185,000.00 Total Cost: For Fiscal Year: 10/1/08 to 9/30/09 Appropriation Code Amount Appropriation Comment 0555-09864-546200-519-000- 185,000.00 0000 Review Approval: 1) Clerk No Cover Memo Item # 24 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 10/2/2008 SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Sprint/Nextel, Los Angeles, California - Cellular/radio, Treo and Blackberry services during the period October 1, 2008 to September 30, 2009 at a cost not to exceed $191,170 in accordance with Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 12-00115 and authorize the appropriate officals to execute same. (consent) SUMMARY: This is a renewal of service for the City's cell phones, radio's, Treo's and Blackberry's. Costs for these services have decreased from the previous fiscal year by approximately $23,000 due to a decrease in rates and a reduction of phones. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment: Budget Adjustment Comments: Current Year Cost: Annual Operating Cost: Not to Exceed: $191,170.00 Total Cost: For Fiscal Year: 10/1/08 to 9/30/09 Appropriation Code Amount Appropriation Comment 0555-09865-542100-519-000- $191,170.00 0000 Review Approval: 1) Clerk None Cover Memo Item # 25 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Award a contract (Purchase Order) to Verizon, Florida, Inc., Saint Petersburg, FL - Telephone service including frame relay service, TI's, Centranet trunks, directory advertising, credit/collect calls, VADI circuit, and DSL high bandwidth services during the period October 1, 2008 through September 30, 2009, at a cost not to exceed $461,690 in accordance with Sec. 2.564 (1)(e) and authorize the appropriate officials to execute same. (consent) SUMMARY: The Verizon Purchase Order - $461,690 -Frame relay, Point to Point, TI's, and radio circuits for connectivity for the network - $329,250 -DID numbers (all the 562-4000 numbers) and ISDN/T1 circuits - the T1 circuits for all the incoming and outgoing calls including domestic long distance for the PBX network - $13,000 (2 months) -Collect, operator assisted, pay phone calls - $2,760 -Yellow page advertising - Library, Marina, Solid Waste, Gas - $36,940 -Trunks for New Port Richey and Tampa dialing access - $1,340 (2 months) -Backup trunks for the PBX network in case the T1's fail - $11,400 -DSL/High bandwidth service for Police, Fire, Parks & Rec, Parking garage, Solid Waste transfer station, and VADI circuit - $67,000 Costs for the previous fiscal year were approximately $561,730. This years costs represent a savings of $100,040. Appropriation Code 0555-09865-542100-519-000-0000 0555-09862-530300-519-000-0000 Review Approval: 1) Clerk Amount Appropriation Comment $394,690.00 $67,000.00 Cover Memo Item # 26 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Award contracts (blanket purchase orders) to Baker and Taylor, Atlanta, GA - $240,000; Ingram Library Services, Atlanta, GA $160,000; and Ebsco Subscription Services, Birmingham, AL - $130,000 for the purchase of library books and materials for the contract period 10/3/08 through 9/30/09 and authorize the appropriate officials to execute same.(consent) SUMMARY: Blanket Purchase Orders for Baker & Taylor and Ingram are for the acquisition of books and audio visual materials. Ebsco Subscription Services provides for reference material and other standing orders, magazine and serial subscriptions. The purchse orders will be used for numerous small dollar purchases. Each order will be shopped for best price and availability. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $530,000 Annual Operating Cost: $530,000 Not to Exceed: Total Cost: $530,000 For Fiscal Year: 2008 to 2009 Appropriation Code Amount Appropriation Comment 0315-93527-564400-571-000- 0000 Review Approval: 1) Clerk Cover Memo Item # 27 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Award a contract (blanket purchase order) to Chall Tennis Management, LLC of Clearwater, Florida, in the amount of $200,000, for providing tennis lessons and tennis services at the Henry L. McMullen Tennis Complex per code section 2.564(e), impractical to bid and authorize the appropriate offcials to execute same. (consent) SUMMARY: The City provides for group and individual tennis instruction at McMullen Tennis Complex by entering into a standard outside instructors agreement with a tennis pro. Currently the tennis pro at McMullen is Mr. Erick Chall who is operating under the business name of "Chall Tennis Management, LLC". Mr. Chall has performed this service for the City for the past several years as an assistant tennis director and head tennis director. He is normally on the courts teaching lessons but is provided an area of about 100 sf for a desk, two chairs, and a stringing machine in the McMullen Tennis Complex. The City follows printed guidelines provided by the IRS in entering into its independent contractor agreement with Mr. Chall as well as contract instructors. Mr. Chall receives 75% of all fees collected for tennis instruction and lessons and 85% for all tennis racket stringing. In order to pay Chall Tennis Management, LLC from November 1, 2008 to September 30, 2009, staff is requesting a Blanket Purchase Order in the amount of $200,000 be approved. During this fiscal year Mr. Chall and other tennis professionals have been paid $156,184 through August. Prior to this, the revenue generated by three other pros from October 2000 to September 2007 ranged from $29,000 to $149,000 per year and averaged $68,400 per year. These services are professional in nature and are unique to the qualifications of the individual thereby having a direct impact on the core of customers participating in this program, thus making this service impractical to bid. Mr. Chall has performed well and the tennis program has grown under his short leadership and the revenue generated by him has increased to an all time high. Projected revenue generated by Mr. Chall for the City will be approximately $40,000 to $50,000 in FY 2008/09. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: No Current Year Cost: Annual Operating Cost: $200,000 Not to Exceed: $200,000 Total Cost: $200,000 For Fiscal Year: 2008 to 2009 Cover Memo Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Item # 28 Review Approval: 1) Clerk ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Approve the renewal of contract with Northeast II, Inc., DBA TC Specialties, of Tampa, FL, in the amount of $417,000 for mail processing services and postage for the City of Clearwater from November 1, 2008 through October 31, 2009, and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2007, the City of Clearwater selected TC Specialties as mail services provider as a result of RFP 41-07. The approved contract allows for two one-year extensions of the agreement allowing for CPI and postage increases, provided both parties agree to the extension. The current contract expires October 31, 2008, and both parties wish to extend the agreement for a second year in accordance with the contract. The terms of the contract provide for: - pick up of City of Clearwater outgoing departmental mail - metering, barcoding, presorting (for postal discounts) and delivering mail to the US Postal Service on the same day as pick up - pick up of City of Clearwater printed utility bills - folding, and inserting utility bills, along with return envelopes and City of Clearwater inserts (ex. Sunshine Lines) TC Specialties has regional operations in Orlando and Jacksonville, which will help to ensure continuity of operations in the event that local service is temporarily unavailable (ex. Hurricanes). Estimated costs are as follows: Professional Services $51,000 Postage - City Departmental Mail $102,000 Postage - City Utility Bills $264,000 Total $417,000 Funding is available in the FY 2009 budget. Professional services will be charged to 0555-530-09872-530300-519-000-0000 and charged back to the appropriate departmental cost center. Postage for City of Clearwater departmental mail will be charged to 0555-09872-542500-519-000-0000 and charged back to the appropriate departmental cost center. Postage for City of Clearwater utility bills will be charged to 0555-09884-542500-000-0000. The contract will continue to be monitored and reviewed annually for performance, and can be renewed for one additional year with both parties' consent. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Current Year Cost: $417,000 Annual Operating Cost: Not to Exceed: $417,000 Total Cost: For Fiscal Year: 2008 to 2009 None $417,000 $417,000 Cover Memo Appropriation Code Amount Appropriation Comment 0555-09872-530300-519-000- $51,000 Mailing Services Item # 29 0000 0555-09872-542500-519-000- 0000 0555-09884-542500-519-000- 0000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk $102,000 City Postage $264,000 Utility Postage Yes Bid Number: RFP 41 - 07 Bid Exceptions: None Cover Memo Item # 29 Attachment number 1 Page 1 of 10 SERVICES AGREEMENT SERVICES AGREEMENT ("Agreement") by and between Northeast H, Inc., DBA: TC Specialties, a Pennsylvania corporation ("TC Specialties") with its principal place of business at 5610 West Sligh Avenue, Suite 100 Tampa, FL 33634, and the City of Clearwater, a municipal corporation of the State of Florida ("City"), having offices at 100 S. Myrtle Ave., Clearwater, FL 33756 is made and entered into as of the day of , 2008. SECTION 1. Term 1.01 This Agreement shall become effective November 1, 2008, and shall remain in effect through October 31, 2009 unless otherwise terminated as provided for herein. 1.02 This contract will be for one (1) year with a one (1) year extension option. The City of Clearwater will accept an annual cost escalation in an amount not to exceed the increase in the latest available 12 months as published by the U.S. Government under the "All Goods and Services" of the Consumer Price Index. The increase must be requested in writing at the time of renewal. The "All Goods and Services" index is available by phone or visit to the Reference Desk at any public library. SECTION 2. Agreement to Provide Services 2.01 TC Specialties will provide to the City the mailing services more particularly described in Exhibit "A", ("Services"), as may be amended from time to time, in accordance with the terms and conditions set forth herein. SECTION 3. Standards of Performance 3.01 All Services shall be performed in a manner consistent with the standards of performance as set forth in Exhibit "A". 3.02 In the event that TC Specialties does not perform any component of the Services in a manner that is substantially consistent with the standards of performance and such Services are not performed to the City's reasonable satisfaction, the City shall notify TC Specialties. Upon such notification, TC Specialties shall promptly take steps to correct or redo the work. 3.03 In the event TC Specialties consistently fails to substantially perform significant components of the Services to the City's satisfaction and such Services are not performed in a manner reasonably consistent with the standards of performance, the City shall notify TC Specialties in writing, specifying in reasonable detail the manner in which the City believes the 1 Item # 29 Attachment number 1 Page 2 of 10 Services to be deficient. Within five (5) business days of such notification, TC Specialties shall either correct the deficiencies or submit a comprehensive corrective action plan to the City for approval, which approval shall not be unreasonably withheld, conditioned or delayed. TC Specialties' failure to correct the deficiencies or comply with such corrective action within the time specified in the plan shall constitute non- performance by TC Specialties. The City shall then have the option of terminating this Agreement, as set forth in Section 10 . SECTION 4. Contract Administration and Management Reporting. 4.01 The City shall designate a "Contract Administrator" for this Agreement who will serve as the liaison between TC Specialties and the City and shall be the authorized agent of the City. TC Specialties will direct all questions regarding this Agreement to the Contract Administrator and shall be fully protected in relying upon instructions from the Contract Administrator. 4.02 TC Specialties shall designate a "Site Manager" for this Agreement. The Site Manager will be in charge of the day-to-day delivery of Services hereunder and will be the point of contact for all operational issues that arise. 4.03 TC Specialties will provide activity reports to the City within established time frames and in format mutually agreed upon by both parties. 4.04 TC Specialties shall maintain accurate records of all amounts billable to, and payments made by, the City under this Agreement in accordance with generally accepted accounting principles. TC Specialties shall preserve all records for a period of two (2) years after the termination of this Agreement. The City shall have access to such records, upon prior written request to TC Specialties, at all reasonable times during TC Specialties' normal business hours during the period in which TC Specialties is required to maintain such records, for the purpose of verifying the accuracy of the City billings or for any other reasonable purpose. 4.05 The respective party will give prior notice to the other party of any change in the Contract Administrator or Site Manager. SECTION 5. Prices and Payment Terms 5.01 Prices for Services to be provided hereunder are set forth in Exhibit "B". 5.02 The monthly charges for Services will be billed at the end of each month in which such charges were incurred. Payment by the City shall be subject to F. S. 218.70 Florida Prompt Payment Act. 2 Item # 29 Attachment number 1 Page 3 of 10 5.03 The City will pay for, actual postage costs associated with the City mail. TC Specialties will maintain a daily accounting of postage costs associated with processing the City mail. At a minimum such accounting shall include beginning postage balance, number of pieces of City mail processed at various postage rates and daily ending postage balance. The City will maintain postage escrow accounts with TC Specialties for the Utility mail and the Departmental mail to cover ongoing postage expenses. SECTION 6. Insurance 6.01 TC Specialties shall furnish, pay for, and maintain during the life of the Agreement with the City the following liability coverage: A. Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $1,000,000.00 combined single limit Bodily Injury Liability and Property Damage Liability. B. Business Automobile Liability insurance in the amount of at least $1,000,000, providing Bodily Injury Liability and Property Damage Liability. C. Florida Workers' Compensation Insurance applicable to its employees, contractors, and subcontractors, including Employers' Liability. 6.02 The City is to be specifically included as an additional insured on all liability coverage described above, except the insurance coverage identified in paragraphs 6.01 (C). 6.03 All policies of insurance must be endorsed to provide the City with thirty (30) days notice of cancellation or restriction. 6.04 TC Specialties shall provide the City with a certificate or certificates of insurance showing the existence of the coverage required. TC Specialties will maintain this coverage with a current certificate or certificates of insurance throughout the term of the Agreement with the City. When specifically requested by City in writing, TC Specialties will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies if certified copies of policies have been requested, shall be provided to the City whenever any policy is renewed, revised or obtained from other insurers. 6.05 The address where such certificates and certified policies shall be sent or delivered is as follows: 3 Item # 29 Attachment number 1 Page 4 of 10 City of Clearwater Attention: Official Records & Legislative Services P.O. Box 4748 Clearwater, FL 33758-4748 6.06 TC Specialties, shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from any performance under this Agreement entered into by the City and TC Specialties its employees, subcontractors, or assigns, including legal fees, court costs or other legal expenses. TC Specialties acknowledges that it is solely responsible for complying with the terms of the Agreement. TC Specialties shall at its expense, secure and provide to the City, prior to beginning performance under this agreement, all insurance coverage as required. SECTION 7. Indemnification 7.01 Each party agrees to indemnify and hold harmless the other, its respective directors, officers and employees, from all losses, claim of losses, damages and expenses (including without limitation court costs and reasonable attorneys' fees) asserted against the indemnified party by third parties and directly and proximately caused by the negligent acts or omissions or misconduct of the indemnifying party, its officers, agents, and employees or authorized representatives. 7.02 The party claiming indemnification under this Section 7 (the "indemnified party") shall promptly notify the other party of such claim. The indemnifying party shall have the right to control the defense of the claim including the right, with the consent of the indemnified party (which consent shall not be unreasonably withheld, conditioned or delayed), to compromise or settle such claim. The indemnified party shall participate in such defense if requested to do so by the indemnifying party and shall be reimbursed for its reasonable direct out-of pocket expenses incurred as a result of such participation. 7.03 The City shall be responsible for ensuring that it has appropriate rights to all materials that it directs TC Specialties to copy, use or distribute and shall indemnify and hold harmless TC Specialties, its officers, agents and employees from and against any and all suits, actions, legal proceedings, claims, demands, or costs arising form such copying, use or distribution at the request or instructions of the City. 7.04 TC Specialties maximum liability under Section 7 is limited to those amounts set forth in Section 9. 4 Item # 29 Attachment number 1 Page 5 of 10 7.05 The City's maximum liability under Section 7 is limited to those amounts set forth in Section 9. SECTION 8. Confidentiality and Protection of Intellectual Property 8.01 TC Specialties acknowledges that in providing the Services hereunder it may have access to confidential or proprietary information of the City, its affiliates or clients. TC Specialties agrees to use such information that is identified in writing by the City as being confidential or proprietary only to fulfill its obligations under this Agreement and agrees to hold such information in confidence. 8.02 TC Specialties shall inform its employees, agents and independent contractors who require access to information of the City, its affiliates, or clients in order for TC Specialties to perform the Services hereunder of the confidentiality obligations set forth above, and TC Specialties shall cause them to abide by such obligations. SECTION 9. Limits on Liability 9.01 In no event shall either party to this Agreement be liable to the other for special, consequential or indirect damages, including without limitation loss of anticipated profits, business opportunity or goodwill. 9.02 The City's maximum liability for any claim of whatever nature or any obligation hereunder to indemnify TC Specialties shall be limited to those amounts set forth in Section 768.28, Florida Statutes of $100,000 for any one person and $200,000 for any one incident or occurrence. SECTION 10. Termination 10.01 In the event of substantial non-performance, as described in Section 3.03, the City shall have the right to terminate this Agreement upon 30 days prior written notice. 10.02 In addition to all other rights or remedies provided for in this Agreement or by law, this Agreement shall automatically terminate in the event that (a) a party hereto shall make a general assignment for the benefit of creditors, (b) a party hereto admits in writing its inability to pay debts as they mature, (c) a trustee, custodian or receiver is appointed by any court with respect to a party hereto or any substantial part of such party's assets, or (d) an action is taken by or against a party under any bankruptcy or insolvency laws or laws relating to the relief of debtors , including federal Bankruptcy Act, and such action is not dismissed within thirty (30) days. 5 Item # 29 Attachment number 1 Page 6 of 10 10.03 Termination of this Agreement shall not relieve either party of the obligation to pay any amounts due, or to give any credit due, for Services rendered prior to the effective date of termination. SECTION 11. Force Majeure 11.01 Neither TC Specialties nor the City shall be responsible or incur any liability for any delay or failure in performance of any part of this Agreement to the extent that such delay or failure results from causes beyond its control, including but not limited to fire, flood, explosion, war, labor dispute, embargo, government requirement, civil or military authority, natural disasters, or other similar types of situations. If such situations occurs, the party delayed or unable to perform shall give prompt notice to the other party and shall use its commercially reasonable best efforts to resume Services, to the extent possible, as soon as practicable after the cessation of the situation. SECTION 12. Exhibits 12.01 Any Exhibits attached hereto are specifically made a part of this Agreement. 12.02 Any Exhibit may be amended or augmented only by the mutual written consent of the parties. Any such amended Exhibit shall be signed by both parties hereto and attached hereto and shall be considered a part of this Agreement. SECTION 13. Entire Agreement 13.01 This Agreement supersedes all prior written or verbal agreements, understandings and discussions between the parties. This Agreement cannot be modified unless signed by the party against whom such modification is sought to be enforced. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 6 Item # 29 Attachment number 1 Page 7 of 10 SECTION 14. Miscellaneous 14.01 This agreement may not be assigned without the prior written consent of the other party, except that either party may assign this agreement to a parent, subsidiary, affiliate, or successor to substantially all of the assets of either party. Any purported assignment without consent shall be deemed null and void and having no effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. TC SPECIALTIES By: Name: Title: Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Camilo Soto. Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 7 Item # 29 Attachment number 1 Page 8 of 10 SERVICES AGREEMENT Exhibit A Services 1. TC Specialties will be responsible for the pick up of the City printed Utility Bills, Direct Debit Utility Bills, Fire Re-Inspection Fee Statements, Reminder Final Bills and Final Notices five days per week (Monday - Friday) excluding ten (10) City Holidays between 1:00 PM and 2:00 PM from the: Municipal Services Building Customer Service Department 100 S. Myrtle Avenue, Clearwater, FL 33756. 2. To distinguish between Utility bills, Direct Debit Utility Bills, Fire Re-Inspection Fee Statements, Reminder Final Bills and Final Notices the City will separate and identify them in containers for pick up and transport. 3. TC Specialties will fold Final Notices and insert into City (#10) envelopes. 4. TC Specialties will fold Reminder Final Bills and Fire Re-Inspection Fee Statements and insert them and a return (#9) envelope into a City (#10) envelope. 5. TC Specialties will fold Direct Debit Utility Bills and insert them and a Sunshine Lines into a City (#10) envelope. 6. TC Specialties will fold Utility Bills and insert them, a Sunshine Lines and a return (#9) envelope into a City (#10) envelope. 7. TC Specialties will insert additional inserts that may be requested by the City and targeted for select mailings. 8. TC Specialties will notify the City of postage increases due to increased weight of additional inserts. Upon notification, The City will instruct TC Specialties how to proceed. 9. The City will run Utility Mail in zip code order and affix a postal bar code. 10. TC Specialties will meter and sort completed Utility Mail to maximize postal discounts. 11. All Utility Mail will be processed and delivered to the Postal Service on the same day as picked up to ensure same day mailing. 8 Item # 29 Attachment number 1 Page 9 of 10 12. TC Specialties will pick up and store one (1) month supply of City inserts and will store (1) months supply of City (#10) envelopes and return (#9) envelopes for the duration of this contract. 13. TC Specialties will use due diligence to prevent multiple bills from being inserted into one envelope and to prevent damage to and / or loss of bills or other types of errors. 14. If a Utility Bill or Notice is damaged in the course of processing, TC Specialties will email a PDF of the damaged bill to the City the same day for reprinting. 15. TC Specialties will be responsible for the pick up of City Department Mail five days per week (Monday - Friday) excluding ten (10) City Holidays between 1:30 PM and 2:00 PM from the: Graphics Building Public Communications Department 711 Maple Street Clearwater, FL 33755 16. TC Specialties will meter City Department Mail by weighing and applying correct postage. 17. TC Specialties will barcode and sort City of Clearwater Department Mail through Automated Sorting Systems. 18. All City Department Mail will be processed and delivered to the Postal Service on the same day as picked up to ensure same day mailing. 19. Postal Classification will be first class mail. 20. TC Specialties will track City Utility Mail and Department Mail costs and provide corresponding monthly reports and invoices by the 5m day of the following month. 9 Item # 29 Attachment number 1 Page 10 of 10 SERVICES AGREEMENT Exhibit B Prices Service Fee: Folding one statement (Final Notice) and inserting statement into a City (#10) envelope: $0.0220 per piece (completed statement package) Folding one statement (Reminder Final Bill or Fire Re-Inspection Fee), inserting statement, inserting one return (#9) envelope into a City (#10) envelope: $0.0240 per piece (completed statement package) Folding one statement (Direct Debit Utility Bill), inserting statement and inserting one Sunshine Lines into a City (#10) envelope: $0.0240 per piece (completed statement package) Folding one statement (Utility Bill), inserting statement, inserting one Sunshine Lines and inserting one return (#9) envelope into a City (#10) envelope: $0.0261 per piece (completed statement package) Adding an additional insert: $0.002 per additional insert Presorting and metering the City (#10) statement packages: $0.0295 per piece (completed statement package) Weighing, metering, barcoding and presorting Department mail: $0.0295 per piece Pick-up charge: $4.00 daily 10 Item # 29 Attachment number 2 Page 1 of 12 0 N 0 0 O t H O ON E °i s E 0E z p Q 0 O 0 (O V) 0 O 0 (O ER 0 O 0 (O ER 0 O 0 (O ER 0 O 0 V ER 0 O 0 V ER 0 O 0 V Ef) 0 O 0 V Ef) 0 O 0 (O 6r, 0 O 0 00 6r, 0 O 0 00 6r, 0 (fl 0 (fl 0 O O ? 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O ( ( O 0 0 ( O ( O ( O M ( O ( 0 00 ?a O 0) I- r- V (0 (0 00 N 00 O) N (O M V (O M M M O (O ? N (n U O 0 V U N 0 oc 00 U N IN M (MO 00 V M U Lf') o M m (O m O) NO ( 00 (O U T 0 U a O) (O O) (O O M N I- V N O M M O O) !P 0 V (O V 00 I- N 2 N N M O O) U7 N N - N C \L (2 lf') V O) V I? O L V V (O O) O A V N U a C: C)) CiLl m O (3 (6 O O O- 0 7 7 -l ) 0 Z ol ? u-l h d I , , < C) 0 0 LO LO ?69 In MI 63 v N N lf) in V V ER ? M 00 M O 00 O u Item # 29 Attachment number 2 Page 3 of 12 V O O N M 0) Q iT O E 0) EU U N U O O O U CU E N E O O) Q Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 69 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O .N 0 00 r (O (O r N N Oo M O N (\I N N N N N N N N N 0) 0 M M M M M M M M M M M M Cq H 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 O O O O O O O O O O O O O (O W I? M M r M r r M W (O O N O 6% U CI U D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6» 0 0 N 0 O 0 O 0 O 0 O 0 O 0 O 0 In 0 In 0 In 0 In O O O O EA EA EA EA CI (A 6% 6% 6% 6% 6% EA 6% U D O 0 00 O 00 M M V M M M In M 00 O M M r N In 00 N M N (O O (O In r O In r 00 N M 00 d) M M N In In r M In N 0) M I, N N (C r M O In N 0 0 O V 00 N N y y N (A N (A N 6% N EA N 6% N EA N EA N (A N (A N (A N (A N (A 00 04 N O O M M M O N M 00 N d) d) M M M N N In M 00 I-. O 00 . 00 0. M In V M M r r V 0 w o 00 V M r M M 00 w o d) M LO N O 0) 0) In V I, 0) In V M 0) O N O) ' C', (n y O (iJ (iJ (iJ (iJ (iJ (iJ (iJ (iJ (iJ (A (iJ (iJ v i U O ? U a V O 0 M O W 00 00 N 0 I- W I- r N V W W I- W N (O V W (O I- V OD (O I- O O - M 6 6 M I. O O 00 I- O M M r M r r M 0) (C Ln V I, M r Oo M Oo N L In (6 LO r r M W (O (O W (O W O I- O T N EA EA EA EA EA EA EA EA EA EA ? EA a1 = O EA EA U a V In ? In V a1 0 N N M a1 a). In O 00 a1 In a1 N ? In 00 O (0 r- rn V M 0 N 0 0 7 N 0 rn O r- V N N O M M M r- V In 00 (O L In In C \l 00 O (O 0) N M N N M N N M N (\I V N V N 6% 6% Vil Vil V) V) V) V) V) V) V) 6% M 0) (A O O H LL I- M V M I- O O In (0 In N O N d) d) M N 00 N 0) V 00 V I- (0. In 0 0 (\I V 0 M 00 M M O M r- 7 O d) r- V r- M N 00 LO LO r- (C) O (O (O 0) (O (O 0) In (Q 0) (C) 0) CO 6% 6% 6% 6% 6% 6% U LL I- 00 V 00 V d) O In r M (\I V M CF) N 00 d) r M LO M N r N LO 0 0 N rn ° LO In ( 0 0 0 ( 0 U) u i W L r 00 00 d) 00 - 00 00 M 00 O O d) EA ? EA EA ? EA EA ? EA ? N _ M N EiJ 6, EA EA 6% EA U N (O d) d) LO r V M CF) LO M O N (O O LO M G M M N I- M d) W N M N 0) N N d) N M O M In - 0) (6 U M (O 00 I- I- M (D M M W V (O LO (O CF) I- N M M r V W O I- N M O .d W O N 0 00 In 00 00 In O In I- W I- r N - W V V W M M 0 N V -- (O 0) V V M C \l M M M In ( n U C-4 M M W 'IT O M M 'IT m 04 o 04 m Lfl 0 LO M LO 04 (D 04 LO 'IT r- U (0 a N V M O d) M In 00 V 00 O I? 0) N SO d) In M CO CO M d) M N M O N N I- 00 0) 0) n n - In O 0) In M N 00 N I? N N N r? CO T U N N 00 0) U a 1 0 4 a) 01 LL Q 2 Q (n U 0 77 c c 7 M M MI O L r- 6% M M M M In M 04 6% V V N N d) d) N N M 00 O cO O O O (O M- V In d) In O In M . r OD V (o O M LO 00 a) N I? M 0 0 00 T N O(D cr) ') N 0 O r N 6% 6% 6% O c? wLL U w> EA H 01 ~ 0 H L H Ua UCH UD 04 W 00 Item # 29 Attachment number 2 Page 4 of 12 M N O E U 0 E D (n ~ 0 O O O N Co m ? E MD N rn > Q z _ (0 (6 0 Q 0 6-1 0 0 0 00 N V) 0 0 0 0 N V) 0 0 0 0 N V) 0 0 0 00 N V) 0 0 0 0 ER 0 0 0 0 ER 0 0 0 N N 69 0 0 0 N N 69 0 0 0 I- N 69 0 0 0 M N 69 0 0 0 M N 69 0 0 0 0 N 69 0 0 0 V 0 NN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O 00 0 0 00 I- I- I- I- 1- M M 0 O 5) O O M Q V) fR fR fR fR fR fR fR fR fR fR fR N U 0 U ? 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 O O O O _ O O O O O O O O O O O O O 0 O O O O 0 N 1 6 O O O O _ _ _ 61) 4 _ _ w ? V) ER ER ER ER ER ER ER ER U ? 0 I- 00 0 0 00 0 0 0 M M O) . I- L0 M M N 00 N V O) N I? 0 O) O M O ? 0 N (O ? 0 M _ O I? V U7 U7 C \l O) O N O) U7 0) O In 0) N (O M O LO M N N N N N N N N N M N N 00 (6 N ER ER ER ER ER ER ER ER ER ER 6rT 6rT N O O EiT ?a In N 00 V 0 O) I- (D U7 0) 00 V ()) V O V N 00 O O O (3) V In ? M 0 V O (O M I? (3) (0 I- O ? ? G G f M ( O N 0) V W ? L9 L9 ? O) V V U7 i ? O if ( O ? lf') ( O V O I I CO N U O 6., 6CT 6CT 6CT 6CT 6C) 6C) 6C) 6CT 6CT 6CT 6CT U a (0 v In 0 (3) (3) rn o (0 o (n c O) M V M O) 0 0) M 00 N I- M O 00 I- 00 lf') M O) V I- L0 M (O O N L V (3) M (D LO O) l (0 M O) M N U7 O M G M lf') r- ) d) M M M M M 0 ER ER ER ER X 61) 613 61) 61) X 3 3 O U a M I- V 0 V O) 00 I- V V 00 V L0 L0 N L0 I- 00 O (3) O L0 V II- 0 ? ? N 0 M 0 O V I- O) M O M C V O I- V I- O) M M (O O In O) (3) (3) O O) I- 00 N O V M M N N M M N M N V M M O ?p ER ER ER ER ER ER ER ER ER ER ER ER 69 O O H W O 0 00 N M 0 O) 0 (0 O O N M N M 0 0 I? N M M L0 L0 (3) L0 0 0 6 00 I- r- 0 00 N M r- I- N O N M N O M M M V 00 M O O (M O) O M O) M M O) (3 O ? ? ? 6, , 6, ? 1 U V) 6, 6 EfT V) ) 6 NN U W M 00 (O M V 0) 00 oo V 00 O) 7 M O (O N V lf') M ) N C lf') O V N N (O lf') N V V V V M 00 M M N 00 N V V I? M M V LO I- O N O) O) lf') O O) V 0) 00 N V e» e» va va va va va va U li V 0 0 M O N O 00 0 M 00 0 N In M M M O) I- M M M 0 V 00 N ? M r- ? 0 V ? ? I? N 00 V ? V V ( O r- (6 U O .? (O m 00 0 0 0 0 0 0 ( O 00 ?a O (O M M M M O) ? I? O M N (O M lf') N V I? O) I? M M (n U rn ll0 rl- (NO - ll (0 O q (MO U ll LQ M 0 - U cc (O 0 O lM N lf') I? N U (0 a V O 00 N O M I- N M N M 00 O) 0) 0 O M N O) 00 00 N N M O 00 M L M M N 00 I- M 00 00 M V 00 V M 00 A V N O U a C O L, m O N (6 N O Q 0 7 7 O V 0 z ' I W 2 Q M - Q C O O H 00 00 LQ LQ V V ? 69 M M M M 00 'IT Li Lo O O O V 00 00 Ei) N LO OD (1) 0 0 ( O (O M O O I- 0 ? N O O 00 00 O 00 6r) 69 O 00 N 69 69 69 ER W W N N "C n a a a U M O O O Item # 29 Attachment number 2 Page 5 of 12 M N O E U 0 E ? - r-a) LO 00 O O N Co N a _ ?' O Q 0 6-1 0 0 0 Sri V) 0 0 0 Sri 6-, 0 0 0 64 0 0 0 64 0 0 0 V) 0 0 0 Ef) 0 0 0 ER 0 0 0 ER 0 0 0 ER 0 0 0 ER 0 0 0 ER 0 0 0 (o 69 0 0 0 of NN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O ' y ? O) O Q M U 0 69 U ? 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 ER ER ER ER ER O O N O 0 0 0 0 0 0 O O CI V) ER ER ER ER ER ER ER U ? M M V V 0 0 O N 00 0 O 0 V 00 0 0 0 0 LO V V I- M O LO 00 In O M M M O r- N M r- m V O M V M In V N 00 O 00 O O N N ? lo) I? ? 00 M V N L M V O) O M 1- I? O N 00 (, M O) M O 00 _ O N N N N N N N N N N N N M _ O fR fR fR fR fR fR fR fR fR fR fR fR N N O O ER ?a 0) O U7 V 00 (3) LO O) I- ? N (O I- V O (O LO 00 O LO : (3) M I? O 00 N 1- V 00 00 N o (l) I- Z6 I- O (O O O) N 00 N M (O (O (O N m lf') 00 M if M if N ? O M U7 if I? M M lf') (l O O) if M M O V N (, , N Co U o 6,) 6,) 6,) 6,) 6 e ) 63 63 63 63 63 63 63 U a N V t (3) 00 I- (3) N V 00 O) M O (O LO V V (O M N N O In T LO 00 0) O M V 00 M N O) (O M ' V V O) O) 00 LO V M (O O) M lf ) V N M U7 (, O) (l U7 O) (6 00 (0 00 LO (0 LO LO 00 LO 00 I- r- M O 63 63 V3 V3 V3 V3 V3 V3 V3 V3 V3 V3 00 w ? U O V V O N 0 V 00 0 00 (3) O N V I? N LO ? [,- N N (3) 00 LO LO O V I- N N M 0 00 O I- 0 M (3) M V (3) (O I- N O M M N (O I? 00 O) U7 I- r- 00 00 O O) 6 M 6- N 69 N 69 N 69 M 69 N 69 N 69 M ER N ER M ER M ER M ER I- MM ( O N 1 H LL W ? r- ? ?2 LO OC) M N V 'It. V V N In N M (D M r- r- M M r- 00 r- O) r- V 00 0 N O 00 V O V O) V I? O) N U7 O O) V O) U7 (n W N N N N N N N N (0 O U Il Ef) ER ER ER ER ER ER ER ER ER ER 6rT NN In M N 00 r" N r- (3) LO N V 00 O M In O O O C'4. 0 LO 00 V (M 00 00 0 ? (0 (0 O) 00 V I- O r- (O O) LO O) 00 I- O 00 N 00 N (3) 00 I- (3) I- r- M 00 M O 00 I? N - 691 691 691 691 E91 69. ER ER e» va va va U li M 0 I- 0 (O O N 0 0 00 N O) O) O) lf') N (O 00 lf') I? O N O) N 0 0 00 O - (O V O) C \L V O) 0 00 0 N (6 U O T) 00 M M M M 00 M M 00 ?a V V N O (0 M N M O M M G) N M I- , V V O O I- O) (O M o O) 00 V lo) 00 I? ? lo) O) O a) (, O) (n U ((O LO lf') LO (MO LO lf') (NO LO ((0 L ll W N U (0 a O 0 N ? M 0 O M N M U M (O N V 00 (O U7 I- CO T V 0 O) CO CO N C\ N M (, M O) O) O) 00 O O (2 M O 00 O 0 I- Lo 00 M O U a C w° ° 2 S C - O z o l? 2 < ' 0 FZ1 I- v v N N ER ER M lLQ (0 63 M W lf') ER N (5) 0) In N N M 0 0 N O M M ER 0 O O O M O O O 00 Eft 1 69 69 V) O N 69 0 0 0 H H H Item # 29 Attachment number 2 Page 6 of 12 M N O U E 0 =; 2 C() - r-(n ~ U O O O N C m o E w N rn > Q z :L- CO (6 Q Q O e» O O 0 0 N V) O O 0 0 N 64 O O 0 0 N 64 O O 0 0 N 64 O O 0 0 N 64 O O 0 I- N 64 O 0 0 1 N 64 O 0 0 ? N 64 O 0 0 N N 64 O 0 0 00 ER O 0 o 0 ER O 9 O 0 O_ M N69 O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 69 O 0 0 0 0 0 0 0 0 0 0 0 O . 0 0 0 0 0 I- 1- 0 1- 00 0 N 00 M oQ U 0 U ? O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 ER ER ER 0 0 0 0 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 ? ? 0 _ CIL 0 0 w 69 69 69 69 69 6p, d) d) U ? N N (2 V V V 00 0 0 0 M ? N 00 O (O LO N I? V LO V LO V m o o V 0 0 M I- 0 0 r- 0 0 00 O In 00 r M r- V I- 00 V V V O p? O (3) (O M 0) LO V M O I- M 0) M V M O I- 0) 00 V V 0) 00 N 0) ?p N N N N N N N N N N (14 N O ?p N ER 6f 6pT 69 6pT Ef) Ef) Ef) 6pT 6pT 6f 69 MM O O ?a 1- - N 0 In . M - - ( O - 0 0 . 0 0 I? T O E 0 M V 00 N V d) ? V O M 0 0 W ? N 00 N ( 0 O ( 0 00 (3) LO m N d) M lf') (2 O M O r- r- O r- 0) 0) M , , , 64 ? 61 U 0 6 ) 6 ) 6 ) ffT ff) fR fR ) fR Nd3 U O) O) N N ?2 O) I- V N N ? I? M 00 M V O N LO V I- M N LO N (0 O 0) 0) V N (0 0 O N 0) r- ? 01 M (0 V W N V V O d) r- O r- 0 0 M 0 M 0 0 O O ER ER 61) 6C w U a 0 O O H LL lf') (0 M 00 M ER I- (O 00 00 M ER V N V M O M ER 0 M (0 V O M ER 0 N (0 00 I? M ER 0 M I- 0 N M ER I? M 00 (C M ER V lf') O 00 M ER 00 N 0 0 N M ER O M r- r- ? M ER I- lf') 00 0 N M ER 0 lf') 00 0 ? M ER M I? V M O 69 d) r- r- O M M M 0 N 00 0 N 00 00 V 0 V N V (0 O 0 00 In O 1- 00 O 00 0 V I- 1- 0 O r- 00 OO V I? M LO N O OO OO I? O ? N M N M M M V ? N N N N N N N N N N N N 00 N V) 69 EA 69 EA 69 EA 69 EA 69 EA 69 NN U ? 69 U LL I I I O 00 I- N 0 0 0 0 V 0 00 0 M V M LO 00 00 M N 00 O) LO LO 00 00 N 00 I- LO M N (3) N O V M In LO M M LO N M (O lf') 00 V 0 0) 00 O 0) O 0) 0) d) N N _7 - 69 69 ff3 - fA 6') - fA - N w ? V) ER ER ER ER ER ? U Il M N 00 0 00 0 M r- r- 1- 0 (0 O (O In In N : In 4 M M N r- N N 00 O ? O M U7 00 (C 0 M (O N V M U7 r- (O 0 N 0 O 0 (6 U O A-) (O ( O ( O ( 0 ( O 00 ?a O M r- N N N M 0 0 0 r- O O O N 0) N (0 LO N 00 (0 (0 LO ('4 M (n U lf') ((O O U M U 00 U (O ((O V LO U V (1 0 U U7 U I? t 0 U7 LO U N (00 M O U T M 0) V (0 V (0 M r- In O 1'- In r- (0 M 0) I? In (O O 00 O v to I? (2 r- N M N (l d) 00 O I? 0 V 00 0) O I? N O O O lf') V M A V O U a C - m O N (6 N O Q 0 M 7 7 -5 0 0 0 z Q ? li 2 Q 1 1 0 g.0 W O lf') 63 m m ? ? U? V d) d) O V V ? ? V EA O O O d) O O O V O N ? 0 0 0 H H H Item # 29 Attachment number 2 Page 7 of 12 M Q O U m O E -E 7 I- M O N N a) P ? U Q a E ; ?z O O V N O V to N d) 0 0 00 O O N (O M M (O ? 0 0 (O O O M I- M to r O (O to N O O (O O O (R M V O M M V 0 O 0 O M M l- O CO M V O (R (R 00 O '- V CO a1 In In In In 1- In M V tl) 0 CIL In ER N ER N ER N ER N ER N VR N VR N VR N VR N VR CF) 4 04 O H ? O O M to (O M to V 00 N 00 (D O O V I- LO 0 (l) r W 1- 0 (O O o w I- 00 (O N N M V W O _ O O (A (O T (O G) W N M (D N to d) d) O O d) - t- O 'N 00 W O d) d) d) d) d) O (O O M N N N M U a°i (» (» in (R in i i i i (n Cq U ? O O U) I- V U) O CO M I- M N O O M V 0 0 0 to r V O O O O (O M 7 M to r N O V (O .N O O (A N M CO M N CO to M r M V CO O CO V N M O p CO In O In CO In In In a1 W 0 0- - 6, ER 6, ER ER ER ER ER ER ER U ? V N O V 0 N d) 0 0 0 00 N (O M M (O 9 9 9 (9 M I- M to I` O (O to N O O O (O M 0 M M O M 1- 0 'IT (R (iT (iT 0 N (O M In In In In I\ In M O CA CU C-4 C-4 C-4 C-4 C-4 C-4 C-4 C-4 C-4 N O N (R (R (R (R (R (R (R (R (R (A O O V r 0 M r 00 r 0 0 O ( 0 (O I- W (O N N M V W O N W - O M OD N - M 0 N 0 M M O O CF) r O 0) 00 0 0 0 0 0 0 0 W M M N i i i i i i U o va n (n n n n n n (n U a c M M o o O M V O 9 (O M 7 M to r N O V (O N N W 00 M M 00 (O N 0) Cl Cl N to r V O V M O M In O n O n n 1- n M N >,. R (R (R (R (R (R (R (R (O ER ER LL- M M N (O (O (O V O V 0 0 0 0 I- M (14 CF) N LO I- (O O O O (O (O M M (O N I? r O N O O O (O M N O I- N O M M (R (R (R In to V to M M to V M V W M M M M M M M M M O O w ER ER ER ER ER ER ER ER ER M O O EIN H LL LO ? M M N M M M M M V I- 0 M 00 I- O CO 0 O M M V O M M N O (O I? N O N O M O M M N M N M M M [7 (0 M M CO U N U3 ER (R (R (R 61T EA (R 6a Nd3 U li W O d) r r N 0 , M O I- CF) O N I- N (O W N In M M M M r V (O M V N 0 1- _ W 00 N (D 00 N V N N N M N N V N ER ER ER ER ER ER ER ER ER 04 U LL M O O V N M M 0 0 0 O l IN W N M ,- O r- C \l W W N - a) M U O I- ? 0 1- 1 ? (O 0 (O 1- (O 0 I- 0 (O 00 I- (D N O .? (O F- a O M N N W V I- r N (D l t o M v) I? (Y) (r) O (O M C \l O to CO U CO In O In In O In In In N U ? a `n c C ) 0 C-4 I- OD (D Q l M LO I I- I- LO N M -- M r- In ? ? O ? ? N N OD In a) a) r- (0 M I- d) OD CF) U a U ? Q T ? CA CL .+ .M. ¢ u? 0 ? M )n In CO W W M V V o 0 O M N )A O O O M N O O O N O N N < < < O O O FOD MIM LO (O CO In d) O 0) M Q Item # 29 Attachment number 2 Page 8 of 12 Utility Bills Final Notices Direct Debit Reminder Fire Inserts 2 0 1 1 1 1 39,693 7,763 3,694 182 0 51,332 2 39,686 8,052 3,666 197 0 51,601 3 48,202 10,158 4,350 258 0 62,968 4 40,472 8,073 3,785 140 0 52,470 5 46,787 11,934 4,256 205 0 63,182 6 41,817 9,078 3,643 138 0 54,676 7 41,704 8,253 3,868 153 0 53,978 8 47,404 10,173 4,599 226 23 62,425 9 41,303 7,041 3,814 241 19 52,418 10 41,411 7,298 3,792 465 15 52,981 11 47,029 9,496 4,476 227 20 61,248 12 38,915 7,330 3,817 179 0 50,241 Total 514,423 104,649 47,760 2,611 77 669,520 Average 42,869 8,721 3,980 218 Rounded 43,000 9,000 4,000 City Mail 15,000 Fee Utility Mail Pieces Insertion Fee Sorting Fee Year 1 678,000 $20,340.000 $5,288.400 Year 2 684,000 $21,204.000 $5,513.040 Year 3 690,000 $22,080.000 $5,740.800 Fees City Mail 6 55,793 55,793 56,000 Total Fee $25,628.400 $26,717.040 $27,820.800 $80,166.240 Pieces Metering Fee Sorting Fee Report Fee Total Fee Utility & City Fee Year 1 180,000 $5,400.000 $2,700.000 $5,200.000 $13,300.000 $38,928.400 Year 2 190,000 $5,890.000 $2,945.000 $5,200.000 $14,035.000 $40,752.040 Year 3 200,000 $6,400.000 $3,200.000 $5,200.000 $14,800.000 $42,620.800 $42,135.000 $122,301.240 Postage Utility Mail Pieces Postage Fee Budget Year 1 678,000 $196,620.000 $220,000.000 Year 2 684,000 $208,620.000 $230,000.000 Year 3 690,000 $220,800.000 $240,000.000 $626,040.000 $690,000.000 Postage City Mail Pieces Postage Fee Budget Year 1 180,000 $99,000.000 $120,000.000 Year 2 190,000 $107,350.000 $120,000.000 Year 3 200,000 $116,000.000 $120,000.000 $322,350.000 $360,000.000 Utility & City Posh $295,620.000 $315,970.000 $336,800.000 $948,390.000 $1,070,691.240 Item # 29 Attachment number 2 Page 9 of 12 Aug-03 Sep-03 Oct-03 Nov-03 Dec-03 Jan-04 Feb-04 Mar-04 Apr-04 May-04 Jun-04 Jul-04 Budget $45,000.000 $50,000.000 $55,000.000 $150,000.000 Budget $340,000.000 $350,000.000 $360,000.000 $1,050,000.000 $1,200,000.000 Item # 29 Attachment number 2 Page 10 of 12 Utility Bills Final Notices Direct Debit Reminder Fire Inserts 2 0 1 1 1 1 0 2 0 3 0 4 0 5 0 6 0 7 0 8 0 9 0 10 0 11 0 12 0 Total 0 0 0 0 0 0 Average 0 0 0 0 0 Rounded 44,000 9,500 6,500 City Mail 16,500 Fee Utility Mail 0 0 60,000 Pieces Insertion Fee Sorting Fee Pick-up Total Fee Year 1 720,000 $19,512.000 $20,232.000 $1,000.000 $40,744.000 Fee City Mail Pieces Metering Fee Insertion Fee Pick-up Total Fee Year 1 198,000 $5,563.800 $360.000 $5,923.800 Fee City & Utility Mail (Line 1) Pieces Year 1 918,000 Postage City Mail (Line 2) Pieces Year 1 198,000 Postage Utility Mail (Line 3) Pieces Year 1 720,000 0555-09872-530300-519-000-0000 Combined Fee $46,667.800 Total 0555-09872-542500-519-000-0000 0555-09884-542500-519-000-0000 Postage Fee $138,600.000 Postage Fee $237,600.000 $422,867.800 Item # 29 Attachment number 2 Page 11 of 12 Budget $50,000.000 Budget $140,000.000 Budget $240,000.000 $430,000.000 Item # 29 Attachment number 2 Page 12 of 12 N V O 00 Ln V (h I? O O O N U ' r7 (O N F7 0) U .? U ? 00 N Ln N 0 O ° 0 V LOI-I- N I? 0) (0 O (O (h N 00 O Lr) (O U Z60 O 00 I-O 0 I-0 [- 00 (fl 00000000 N LO CL U C 3 U o H U d) O LL LL N O U 2 d 0 0 0 N d) d) V (h O LO V 00 (O 0) Lr) O I? (l N 00 O Lr) (n u o m r- o o r- O r- C 6 0 0 0 0 0 0 0 0 N 7 LO O U U U U 0 (2 (2 m N O O O - Ln N LL = V O N N N N ( O W N N N N N N N 00 0) C E a) = N O 0 00 N (0 (0 O N ( 0 d) N ( 0 ( 0 _ O (O 0) 00 0) I? O C r7 0) (fl Ln In Ln In (fl Ln (fl (fl M u) U N O N N V N ( N 0 0 IN U V N ( O ( O 0 d) d) 00 d) d) d) O 00 O 00 Z (6 C LL N N M M 00 N N N O (0 V O V N 0) (0 (0 0) O 00 O (O I- N N I- 1- V 00 Lr) (0 (h CO V O N N N v O N N M V V V V V V V V V 00 I? ? 00 00 00 00 00 00 00 00 00 00 2 0 0 0 0 0 0 0 9 9 9 9 9 , It CM CL t (1)) Z 0 -) Ii 2 Q 2 - < U) U U w m U ?k H t C O O (O (O O 00 00 O LO LO (.0 m O O O O O O tl) N U) 00 L L LL V O ? 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U ?. ?. ) a) 0 a) 0 w Item # 29 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 10/2/2008 SUBJECT / RECOMMENDATION: Award a contract by purchase order to Pinellas County Solid Waste for an operating expenditure of $4,800,000 for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill for the period October 3, 2008 through October 31,2009 as provided in the City's Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute the same. (consent) SUMMARY: Pinellas County operates the only waste-to-energy plant and landfill in the county. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: 4,430,000 Not to Exceed: For Fiscal Year: 10/3/08 to 10/31/09 Appropriation Code 0-424-02082-543500-534- 000-0000 0-424-02083-543500-534- 000-0000 0-424-02089-543500-534- 000-0000 Amount 2,200,000 1,700,000 900,000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Bid Number: Bid Exceptions: None 4,430,000 4,800,000 Other Government Bid Cover Memo Item # 30 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Approve a contract to Semper Fi Services, LLC, of Palmetto, FL in the amount of $626,257.76 for the construction of Court Street Improvements (08-0035-EN) which is the lowest responsible bid received in accordance with plans and specifications; approve an Interlocal Agreement between Pinellas County and the City in the amount of $400,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Court Street Improvements include key items such as: The installation of a mast arm traffic signal at Court Street and Osceola Avenue to facilitate the safe crossing of pedestrians across Court Street. The replacement of an existing span wire traffic signal at Court Street and Oak Avenue with a new mast arm signal. The widening of the sidewalk in front of the courthouse on the south side of Court Street for 240 feet from the eastern curb line of Oak Avenue to the east. The sidewalk will go from an existing width of seven feet to 21 feet wide. Additionally, bollards and chains will be installed to channel the pedestrian crossings along Court Street to two locations; one on the east side of Osceola Avenue and one on the east side of Oak Avenue. Providing dual southbound left turn lanes from Oak Avenue to Chestnut Street to assist in clearing the PM Peak hour traffic leaving the courthouse. Provide a mast arm on Court Street east of Garden Avenue providing overhead lane assignment signage and the realignment of the lanes on Court Street from Garden Avenue to Osceola Avenue. The new lane arrangement will provide a westbound left/through combination lane, two westbound through lanes and a westbound right turn only lane approaching Ft. Harrison Avenue on Court Street. Relocate the signalized crosswalk at Chestnut Street and Oak Avenue from the east approach to the west approach so that pedestrians are redirected in their path to eliminate the conflict with the southbound dual left turn lanes. The pedestrian's new path will take them north along the west side of Oak Avenue to a new crossing on Oak Avenue across from the Courthouse. Establish a pedestrian crossing at Chestnut Street and Palm Avenue and establish a landscape buffer along the sidewalk on the north side of Chestnut Street east of Palm Avenue. An Interlocal Agreement between the City of Clearwater and Pinellas County will provide 50% reimbursement of the project to the City up to the amount of $400,000. Sufficient budget and revenue are available in Capital Improvement Program (CIP) project 0315-92558 Intersection Improvements in the amount of $555,886.58 and $70,371.18 from CIP 0315-92553, New Signal Installation to fund the project. Cover Memo Item # 31 Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: $626,257.76 Annual Operating Cost: Not to Exceed: $626,257.76 Total Cost: $626,257.76 For Fiscal Year: 2008 to 2009 Appropriation Code Amount Appropriation Comment 0315-92558-563700-541-000- $555,886.58 See Summary 0000 0315-92553-563700-541-000- $ 70,371.18 See Summary 0000 Bid Required?: Yes Bid Number: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Clerk Cover Memo Item # 31 11 r ?y -t - • Ir 7 IL d . { ?, ir , 7 .m r .? IL 7 • J T •L 1 T 1 ¢ 1 ?[ 1 L ? J • '.. _ W VMRSAS? _ '' vmw^ an doom a-W mm - .. < ift t* nor wa a& ' a 1 L $.r A lifild , ' - • 1 . . ' 1.1 Tom 7 li ' ,- ' L y ? Lk. 0° • _ 1? • 1 .. r rL f 1 7 . 1 ti ' .1 1 '•f X11 L 1 ` r J • S 1 r + % 1 1 f ?'• 1 ? 7"r 7 ?1 1 ? r r { - ? ti . Lai a IFrI J.. r; ti '• r L i ? •y?' • r?• ? - J. I • _ 1 . - 1 •1 ? 'ti • •? ? • L L 'Y' ? r •? •1 1 ? ? ti• y r . ? f .?. f ? .tip f •ti L ?• •1 •• r. L ??., •••r•'1 '• ' • • r 1 22 • 1 La AM WIR 'r tir ti + • F-• MET, 'ti 1 ' •. . ' • ti • ' 1 _ _ . _ r l . . r L. A • r ti, 1 .. r. ? Y r •' } - 1. 1• S 1 •ti _ • L• ti . M ti •.7?L ~ ?•' r T 1 -1 l ik rl ? II J ,1 stir •? 1 ti t 1 1• • 1 ti L } l 1 1.,L 1 ? ' -06; 1 1 }%I r..+ 1 ... ? 1 1. r 1 . 1 •- - • },L •, L ..,? Z l f % • 1•? ? 1•??• ?• •?• .7 ± ? 111, L i L J ~r ? F r 1 1 • ?Y} L • 1 1 .. titi. 1 . r • r r r • ¦ i • r l 1 l rti ?. •ti? r}I r s •?• r rr + 1 L 7 ??• . ti? ti 1?• 1 •? L ti 1 y 1 L ~ 1? 'YI 47 1? .ti ', •• ? ti J 7 _ 1? L .7 1. .?• 7 %+ 16 • i f• • til ' , r• {r ?' - .• r. •-'.L} 'ti •.ti L?' : Attach ',, 41 } 1 Page of 6 L • 1 L• ti 1 1 i . r• 1 •? . L L Mai • - _ - _ 1 ' L 1 1 1 1 L ti Arr Aff _ •" 1 L L • 1 . ¦ : L 1 ' 9 + r r •1 '_ L ti r {ti F •f{ 1 .1 11 1 2r • •????1 •? ? , ?•?, 1 ?• ? i'??y .4 '1: Iti .0 AL 1 }ter: ?,? L¢ Attachment number 2 Page 1 of 6 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we SEMPER FI SERVICES, LLC. Contractor and WESTCHESTER FIRE INSURANCE COMPANY (Surety) whose home address is 436 WALNUT STREET, WA08P, PHILADELPHIA, PA 19106. HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: SIX HUNDRED TWENTY-SIX THOUSAND TWO HUNDRED FIFTY-SEVEN DOLLARS AND 76 CENTS ($626,257.76) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the day of 2008, entered into between the Contractor and the City of Clearwater for: COURT STREET IMPROVEMENTS (08-0035-EN) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page 1 Item # 31 Attachment number 2 Page 2 of 6 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of 2008. SEMPER FI SERVICES, LLC CONTRACTOR By: ATTEST: WITNESS: SURETY By: ATTORNEY-IN-FACT COUNTERSIGNED: Page 2 Item # 31 Attachment number 2 Page 3 of 6 CnNTR A CT This CONTRACT made and entered into this day of , 2008 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and SEMPER FI SERVICES, LLC. of the City of PALMETTO, County of MANATEE and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: COURT STREET IMPROVEMENTS (08-0035-EN) IN THE AMOUNT OF SIX HUNDRED TWENTY-SIX THOUSAND TWO HUNDRED FIFTY-SEVEN DOLLARS AND 76 CENTS ($626,257.76) In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 3 Item # 31 Attachment number 2 Page 4 of 6 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Page 4 Item # 31 Attachment number 2 Page 5 of 6 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Horne, II City Manager Countersigned: By: Frank Hibbard, Mayor-Councilmember (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Attest: Cynthia E. Goudeau, City Clerk Approved as to form (Seal) Camilo Soto Assistant City Attorney (Contractor) By: (SEAL) Page 5 Item # 31 Attachment number 2 Page 6 of 6 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF COUNTY OF On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, who after being duly sworn, deposes and says: That he is the (TITLE) of SEMPER FI SERVICES, LLC. a Florida Corporation, with its principal place of business located at 1611 12th STREET EAST, UNIT B, PALMETTO, FLORIDA 34221 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of 2008 with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of COURT STREET IMPROVEMENTS (08-0035-EN) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me SEMPER FI SERVICES, LLC. AFFIANT This day of , 2008. NOTARY PUBLIC My Commission Expires: BY: PRESIDENT Page 6 Item # 31 Q M ? a 00 a tt ch nt n m e 3 P ag e o 2 O O O O O O O O O O O O O O O O M N O 0 0 O O N O O O O O O O V O 0 0 0 0 0 O O O O O O O O O O O O O O O O J O O O O O O O O N V O 0 0 0 0 0 O M N O O N O M O N O O N O W N O O O O V O O O O O O O O O O O O O O O O V m J ~ Z O N W M O O M N 0 O 0 O 0 N O M V M I? M M N N I? O O N r M M W r M V W O O M O O r O O M O V N M O N O N M M V (O O I? (O O O O O O O N O O O O V N M M 0 V 0 V 0 M (O N (O N (O O M V N N M V N V N (O V V N V H N Q M N N N - V N N V N M M M N O O M -- (O N M V N N N N M O O M 0 0 W W _ O V N N O N V M V M M N U M o N O N I? V M N N N M W M O N I? 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M O (O N 0 (7 v W LL Q Z Q M O W O O O O O O O N N O O N O N N N O N N N N O O O O N N O N O M F H U M 0 0 0 0 0 0 r r O O O O O O M M co v M M O M M - M M I? Ur N Z W a O O O m r O M O N W M W M N N O M N N O M N N N N N M N (O V N M o LL W - C , p V K ~ v Z Q m c? - - - - - - - - - - - - - - - - - - - - - - - - - - - - O O O O O O O O O O O O O O O O O O O O O O O O N O O O O O N N I? N Z O 0 O 0 O 0 O 0 O 0 0 0 0 0 O 0 N 0 N 0 0 0 0 0 0 0 m 0 O m 0 m N (O M O M N N (O M O N O V O O I? V O O O N N O I? O M M M ? V O M M M Z V N 0 m 0 M 0 m I M O V (O N N V O M N O N I? V W V W N N W W M (O M V M M N O W ? O N N V W V M (O M I? r r O N M M V D 7 N ? ? M ? A N M ? N M O M M Z LL Q C , O ul !!? ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ ._ Attachment number 3 Page 2 of 2 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/2/2008 Amend Council Policy, General Administration I - Special Event Street Closure Limitaion to exempt Cleveland Street between Osceola and Myrtle Avenues and approve Council Policy, General Administration J - Closure of Cleveland Street between Osceola and Myrtle Avenues. (consent) SUMMARY: Now that the Cleveland Streetscape has been completed from Osceola to Myrtle Avenue, staff recommends a policy for closure of this portion of Cleveland Streeet be implemented and exempt the roadway segment from the current Council policy regarding street closures. The policy for street closures other than this section will read: 1. Special Event Street Closure Limitation. Street closures, except for Cleveland Street between Osceola and Myrtle Avenues, for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City of Clearwater shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. The proposed policy is: I Closure of Cleveland Street between Osceola and Myrtle Avenues Cleveland Street will only be closed for city-sponsored or city co-sponsored special events.lI A Closures should be limited to meeting the goals of the Cleveland Street District: The event is anticipated to draw a wide variety of visitors to Downtown and promote the Cleveland Street District; Road closures should mostly occur during evenings and weekends so as to lessen parking and traffic impacts during office hours; One lane must be left free of any tents or fixtures and used only as a pedestrian way so that emergency vehicles can enter to provide necessary service, as required. Procedure External groups who are interested in proposing a special event that will close all or portions of Cleveland Street between Myrtle and Osceola Avenues should first discuss the proposed event with the City's Special Events Manager and the Downtown Manager. If the City agrees that the proposed special event will be a city co-sponsored event, then the following applies: • Co-sponsor group must complete a special events application • Co-sponsor applicant must agree to cover expenses incurred by city departments, including any labor, for the special event. • Cost for the event will be determined and communicated to co-sponsor applicant prior to approval. Such expenses may include, but not be limited to: 0 for materials alone such as barricades, barrels and signs. (Currently $1,300 minimum, plus an additional $500-$1,000, if additional and advanced signage is required elsewhere) 0 for a single cone and sign per parking space to prevent overnight parking (Currently $65/space) Cover Memo 0 for labor only to deploy and pick-up of all materials associated with the single block closure. (Currently $l0U/P61ock)32 0 for variable message boards if required. (Currently $100 to deploy and $100 per day, which includes labor[V) 0 for loss of parking revenue, per code, if an event is held Monday through Friday between the hours of 8 a.m. and 6 p.m. (Currently $3 per parking space.) If City representatives do not agree that the City will benefit from the special event, the group may appeal the decision to the City Manager. The City Manager's decision is final. LUThe City will not consider a Cleveland Street closure for private events unless specifically authorized by the City Manager and determined to be in the public's interest. The same special events procedure would be applicable in this circumstance. MLabor costs as listed are for weekdays. Weekend and holiday costs would be higher. Review Approval: 1) Clerk Cover Memo Item # 32 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 10/2/2008 SUBJECT / RECOMMENDATION: Approve First Amendment to Lease Agreement and a Contract for Purchase of Real Property by the City of Clearwater, Florida, between the City of Clearwater and Clearwater Country Club Management, Inc. (CCC) pursuant to the City's acquisition of 5.7 acres owned by CCC for $2,125,000 and authorize the appropriate officials to execute same. SUMMARY: The City of Clearwater and Clearwater Country Club Management, Inc. (CCC) currently have a Lease Agreement for CCC to operate the City's public golf course located at 525 Betty Lane North, which will expire April 30, 2032. CCC currently owns 5.7 acres, including parking and the clubhouse, which is surrounded by the City's golf course which CCC operates on behalf of the City. At the June 19, 2008 City Council meeting, City Council approved a term sheet for the sale and purchase of CCC-owned property. The basic components of the First Amendment are as follows: • The City to purchase the clubhouse parcel for an amount not to exceed of $2,125,000. • Annual lease payments by CCC of $200,000, paid quarterly, will commence October 1, 2009. This will allow CCC to retire current revolving line of credit and develop a twelve month funding strategy so as to cover all club expenses during the slower summer months. • Establishment of an annual $50,000 CIP, administered by the City at its sole discretion, effective FY09/10. • The City will procure turf maintenance supplies for use at the golf course and be reimbursed for out-of-pocket expenses. • Require CCC at all times, subject to reasonable rules and regulations common to other similar facilities in the area, to make the facilities available to City of Clearwater residents who are not members of the Club upon payment of reasonable, applicable fees for such use. Implementation of these two agreements will bundle all assets of the course under one ownership and provide increased savings to the overall operation. At the June 19, 2008 meeting, City Council gave staff direction to negotiate a contract and a capital project was established in the amount of $2,025,000 for the purchase. In addition, $100,000 will be transferred to capital project 315-96309, Clearwater Golf Course Acquisition from unappropriated General Fund retained earnings, to provide the balance of the purchase contract. CCC is currently working to bring a Director of Golf Operations on board versed in the Tampa Bay golf market with extensive golf marketing experience. Appropriation Code 315-96309 Review Approval: 1) Clerk Amount Appropriation Comment $2,125,000 Cover Memo Item # 33 I" ICT Attachment numbTr I • Page 1 of 2 5 • r? 6 8 J ie S? A Item # 33 F s Attachment number 2 Page 1 of 23 . P M - V y ORWDFJJM OWN Ems' ?I s " 1. WN MW ME" *0 W. xM 10 w- PMW 6 M? " "UAW P ., % - y • x Attachment number 2 Page 2 of 23 M 1 - y f h ' Pad= rr .idl ?WOP sMM 0 No CO WM Ghd Rok bik Item # 33 a rA F N . Attachment number 2 Page 4 of 23 1iOiri 00 fmft ibutUb rr* ddw ON&iMe! C* 00 AMID WAS Am him Is of" &4wlb p"M& Y = :. - . DINNOM Ion* f. -VMR*mt ;Cdf Own'- Item # 33 As •? a . A c i Item # 33 Item # 33, I L 16 L Attachment number 2 • Page 7 of 23 I _4 ? ???4??$?FNt1???R?lM?14w??eler ?r ?R i?M? ? I IMF Mi ft M . 2L TM. GO "b 11 ;It ? ? 4b 90 ft ,@ Or 1 Ma OWN - 11 - -W& AM, Item # 33 N Item. # 33 i . I A A a 1 r 1 ' ' Item # 33 uM* mmma4 ki on PYrtl? ohm" kleirL? Itir r= 1w lba dA Aws =M"Mm IM an Gff Q? wpm wMM 0* own 1 Item # 33 Attachment number 2 Page 15 of 23 a. am M=fiw U6..AWKMLW OF MF TO TM "M In &Mft 7N a 14 is JOV i InMM MvYL 2r !gypPMERhm 'Ifil? R4?b?F?i h NSWIN • r ° 4* to am" id it ft 0* MEMO dw *" " is, Ow #* #* ?Wftw" 10 ft ROM ® a pffle he Item # 33 Attachment number 2 Page 16 of 23 P&M . F . r ".1MRW MIX ?1 ? i? ?1r r st?r1 Oa I& ?CF JW* 4 V# d?.rdrw ir?rd 4Ura r Item # 33 Attachrment number 2 I Page 17'of 23 Attachment number 2 ' Page 18 of 23 16 . i Item # 33 ,Attachment numbeF2 Page 19 of 23 • _ _ T WIM • _ , st 40 UP 10 VA -Ail 10'*MOM W* 04 MO WP 10 q W4* it *A AM In My *9 - "NNW 3L P • • Item # 33 M a . a. ® ti Attachment number 2 • . A. Page 21 of 23 INNS" A 6 . .•. ,? a a Attachment number 2 I Pale 23 of 23 1 1 ? 1 g = 1 1 , = u .® ` Item # 33 Attachment number 3 Page 1 of 7 CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: CLEARWATER COUNTRY CLUB MANAGEMENT, INC., a Florida not-for-profit corporation, hereinafter referred to as "Seller", whose address is 525 Betty Lane North, Clearwater, Florida 33755, 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 33758-4748, (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION (Pinellas County Parcel I. D. No. 10-29-15-00000-440-0100) LEGAL DESCRIPTION: A portion of the SE Y4 of Section 10, Township 29 South, Range 15 Pinellas County, Florida, more particularly described as follows: BEGIN at the intersection of the centerline of Seaboard Airline Railway Co. and Betty Lane as shown on plat of COUNTRY CLUB ADDITION, as recorded in Plat Book 7, Page 36, Pinellas County Records, and run thence along said Seaboard Airline Railway Co. centerline and a curve to the left, chord bearing N 80°43'37" E, 339.12 ft.; THENCE along said centerline N 77°35'57" E, 63.44 ft. for a POB: THENCE S 06°33'43" E, 537.60 ft.; THENCE S 51 °46'23" E, 48.51 ft.; THENCE N 65°05'07" E, 311.39 ft.; THENCE N 21 °20'48" E, 610.59 ft. to the centerline of said Seaboard Airline Railway Co., THENCE along a curve to the right and said line, chord bearing S 76°25'57" W, 136.83 ft.; THENCE S 77°35'57" W along said centerline, 482.48 ft. to the POB, LESS Seaboard Airline Railway Co. right - of-way, together with all improvements, fixtures and attachments thereon and therein. 2. PERSONAL PROPERTY: All personal property owned by Seller as inventoried in EXHIBIT "A" appended hereto, and by this reference made an integral part hereof, together with all future replacements or substitutions thereof, shall remain the property of the Seller and shall not convey to Buyer upon closing this transaction. Buyer shall, however, have a security interest in such personal property as further set forth in that certain Lease Agreement dated May 9, 2000, as amended by that certain First Amendment To Lease Agreement to be executed concurrently herewith, a copy of which is appended hereto as EXHIBIT "B", by this reference made an integral part hereof. 3. FULL PURCHASE PRICE NOT TO EXCEED ............................................... $ 2.125,000.00 4. MANNER OF PAYMENT: City of Clearwater check in U.S. funds at time of closing .................................................. $ 2.125,000.00 5. PURCHASE PRICE DETERMINATION The Full Purchase Price as established herein has been reached through negotiations with the Seller by City staff and reflects payoff and full satisfaction of existing first mortgage balance in favor of Liberty Bank not to exceed $2,012,000, including all interest to day of closing, together with payoff and full satisfaction of those certain unsecured Notes in favor of Clearwater Country Club members, copies of which are appended hereto as Exhibit "C", by this reference made an integral part hereof, not to exceed $110,000, including all interest to day of closing. Two appraisals were obtained preliminary to contract: The subject property was valued at $2,360,000 in an appraisal performed by Colliers Arnold Valuation Services, Inc. on July 16, 2008, and the real property was valued at $1,430,000 by CB Richard Ellis Item I#Q81 of 7 Attachment number 3 Page 2 of 7 Valuation and Advisory Services on August 12, 2008. 6. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by the Seller, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 60 days following delivery in duplicate original to the City for acceptance and approval, or rejection, by the Clearwater City Council ("Council"). If this agreement is accepted and approved by Council, it will be executed by duly authorized City officials and delivered to Seller within 15 days thereafter. If Council rejects this contract upon initial presentation, this contract shall be null and void in all respects and the City shall so inform Seller in writing within 5 days of such action. 7. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty Deed, subject only to matters contained in Paragraph 8 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements 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. 8. TITLE EVIDENCE Buyer, at Buyer expense and within 15 days prior to closing date, obtain a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 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. 9. 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 the Florida Administrative Code and may include a description of the property under the Florida State Plane Coordinate System as defined in Chapter 177, Florida Statutes. Item #a22e12 of 7 Attachment number 3 Page 3 of 7 10. 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 days following execution by Buyer, 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, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. 11. CLOSING DOCUMENTS Buyer shall furnish closing statements for the respective parties, deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments as all or any may be applicable, for property execution by the respective party. 12. CLOSING EXPENSES The Buyer, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall pay documentary stamps on the deed. Seller shall pay the costs of recording any corrective instruments. Buyer shall pay recordation of the deed. 13. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect 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), 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. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. 14. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. Seller agrees to deliver occupancy of the Property to Buyer at time of closing unless otherwise stated herein, subject only to provisions of that Lease Agreement, as amended by that First Amendment To Lease Agreement of even date herewith, both appended hereto as EXHIBIT "B", and by this reference made an integral part hereof. 15. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than as disclosed herein in Paragraph 21 ("SELLER WARRANTIES") and marketability of title. Buyer's covenant to purchase the Property "as is" is more specifically represented in either subparagraph 1. a. or b. as marked [X]. Item #a5e13 of 7 Attachment number 3 Page 4 of 7 a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [X] As Is With Right of Inspection: Buyer may, at Buyer expense and within 21 days following the Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine 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 reveal conditions which are reasonably unsatisfactory to Buyer. 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 present condition. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Buyer obligations under Paragraphs 14 and 15 and to insure that all real Property, together with all permanent improvements, fixtures and attachments thereon and therein are in and on the premises. No new issues may be raised as a result of the walk-through. 17. SELLER HELD HARMI PER Buyer, being self insured, and subject to the limits of liability and restrictions of Florida Statute 768.28, agrees to indemnify and hold harmless the Seller from claims of injury to persons or property during the inspections and investigations described in Paragraph 14(b) resulting from Buyer's own negligence only, or that of its employees or agents only, subject and to the extent permitted to F. S. 768.28 and the doctrine of sovereign immunity. 18. RISK OF LOSS If the Property is improved, and improvements are damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the Purchase Price of the Property, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration of the improvements exceed 3% of the Purchase Price, Buyer shall have the option of either taking the Property "as is", together with either the applicable corresponding percentage of any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 19. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by the closing agent or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to Item #a5e14 of 7 Attachment number 3 Page 5 of 7 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 writing of the defect and Seller shall have 30 days from the date of receipt of such notification 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 fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F. S. (1987), as amended. 20. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this 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 defaulting party shall be liable for such fee. 21. SELLER 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: (STy known defects- If none are known, write "NONE". If no entry, it shall be deemed that "NONE" has been entered) Buyer shall have the number of days granted in Paragraph 15(b) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will 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. 22. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(5), 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. Item #a5e15 of 7 Attachment number 3 Page 6 of 7 23. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 24. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, or the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract with copy provided to the parties hereto. 25. ASSIGNABILITY; PERSONS BOUND This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, and successors. 26. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 28. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 29. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 30. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. Item #a5e16 of 7 Attachment number 3 Page 7 of 7 31. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. EXECUTED this day of , 2008. By: CLEARWATER COUNTRY CLUB MANAGEMENT, INC. Robert Coffey, President Print Name Secretary APPROVED & EFFECTIVE this Countersigned: day of Frank V. Hibbard Mayor Approved as to form: Laura Lipowski Assistant City Attorney , 2008 CITY OF CLEARWATER, FLORIDA Bv: William B. Horne II City Manager Attest: Cynthia E. Goudeau City Clerk Item #a5e17 of 7 Attachment number 4 Page 1 of 5 Exhibit "C" CCC Golf Course Equipment Inventory September, 2008 LOCATION QUANTITY DESCRIPTION Pro Shop 1 Hdcp & Tournament PC Pro Shop 1 Dell Monitor Pro Shop 1 HP 5150 Printer Pro Shop 1 Electric Pencil Sharpener Pro Shop 4 Chairs w/rollers Pro Shop 3 Small 22" tables Pro Shop 1 Animal Headcover display Pro Shop 1 Folding card table Pro Shop 1 Folding 6' table Pro Shop 1 Wooden TV table Pro Shop 1 Greeting card dislplay Pro Shop 1 Slotwall installation 4'x 32.5' Pro Shop 100 Miscellaneous slotwall display fixtures Pro Shop 2 Freestanding slotwall displays Pro Shop 2 2-way slant arm displays Pro Shop 1 Chrome semi-spiral display Pro Shop 2 Metal grid display Pro Shop 25 Metal grid display fixtures Pro Shop 1 Antique dresser Pro Shop 3 Mannequins Pro Shop 1 Wooden golf club display Pro Shop 1 Belt display Pro Shop 1 Glass showcase/counter Pro Shop 1 Freestanding PC cabinet Pro Shop 1 Fixed PC cabinet Pro Shop 2 Sunglass displays Pro Shop 1 Sonartec club display Pro Shop 1 FJ sock display Pro Shop 1 Kodak All-In-One printer Pro Shop 1 3 drawer printer stand Pro Shop 1 PC w/AMD64 processor Pro Shop 1 Clover digital video recorder w/3 cameras Pro Shop 1 30" x 12" x 72" bookshelf Pro Shop 6 Cork bulletin boards Pro Shop 3 Dry-erase boards Pro Shop 3 18" x 36" x 73" metal storage racks Pro Shop 1 24" x 48" x 72" metal storage rack Pro Shop 1 Metal 4-drawer file cabinet letter Pro Shop 1 Metal 2-drawer file cabinet legal Bag Room 1 Chalk Board Bag Room 1 2 level metal lockers Bag Room 3 Spools nylon rope Bag Room 1 4 drawer metal cabinet 17" x 38" x 31" Bag Room 1 Club repair workbench w/4.5" vise Bag Room 1 Golf club washer Bag Room 1 32" pedestal fan Bag Room 1 20" pedestal fan Bag Room 1 Toaster Bag Room 1 Microwave Bag Room 9 Rubbermaid 32 gallon trash containers Bag Room 15 Wooden club storage racks Cart Barn 2 Wooden storage cabinets 1 Item # 33 Attachment number 4 Page 2 of 5 LOCATION QUANTITY DESCRIPTION Cart Barn 1 Frigidair "Gallery" commercial washer Cart Barn 1 Frigidair "Gallery" commercial dryer Cart Barn 1 Metal tool storage cabinet 68" x 18" x 36" Cart Barn 1 Workbench w/5.5" vise Cart Barn 1 Rangemate range ball washer Cart Barn 1 13 gallon / 4HP air compressor Cart Barn 1 Portable air tank Cart Barn 1 CLUB CAR CARRY ALL-1 RANGER PICKER Cart Barn 1 SIN. GANG BALL PICKER (PUSH) Cart Barn 55 Electric Club Car Carts w/accessories Cart Barn 1 Beverage Cart Dining 4 large round tables Dining 10 medium round tables Dining 14 small round tables Dining 32 4-top tables Dining 300 dining room chairs Dining 4 2-top tables Dining 5 2' round tables Dining 1 large ice salad bin Dining 10 banquet tables Dining 5 8' rectangular tables Dining 6 6' rectangular tables Dining 1 clock Dining 1 Wurlitzer Piano Dining 1 portable bar Dining 1 flag with pole Dining 1 sneeze guards Dining 4 room dividers (planters) Dining 1 CD player Dining 1 metal utility shelf Dining 2 vacuums Dining 4 ladders Dining 5 TV's Dining 1 silverware/plates/glasses Dining 2 sound system Dining 6 framed pictures Dining 1 45'x45' portable dance floor Dining 7 plastic room dividers Ladies RR Small table with planter Ladies RR large mirror Ladies RR swievel chair Maint. Area 1 2002 TRI-PLEX Greens Mower JAC Maint. Area 1 2002 TRI-PLEX Greens Mower JAC Maint. Area 1 1999 TRI-PLEX Tee & Collar Mower JAC Maint. Area 1 1998 TRI-PLEX Tee & Collar Mower JAC Maint. Area 1 Toro Tri-plex Greens Mower Maint. Area 1 Toro Tri-Plex Greens Mower Maint. Area 1 6500 Fairway Mower Maint. Area 1 STEINER MOWER w/boom mower Maint. Area 1 2002 TORO 3100-D Maint. Area 1 2002 TORO 3100-D Maint. Area 1 2000 TORO Reel Master 6500-D Maint. Area 1 2000 TORO 6500-D Maint. Area 1 TORO Groundmaster 7200 Maint. Area 1 TORO Groundmaster 7200 Maint. Area 1 STEINER MOWER Maint. Area 1 TORO 5-GANG REELMASTER 2 Item # 33 Attachment number 4 Page 3 of 5 LOCATION QUANTITY DESCRIPTION Maint. Area 1 TORO 5-GANG REELMASTER Maint. Area 1 Jac 5-GANG ROUGH MOWER Maint. Area 1 TORO SandPro Maint. Area 1 SPIKER REELS (1 set of 3) Maint. Area 2 VERTICUT REELS (1 set of 3) Maint. Area 1 CASE Loader 570 XL Maint. Area 1 JOHN DEER TRACTOR (2040) Maint. Area 1 Ford 3000 TRACTOR Maint. Area 1 JOHN DEER TRACTOR (2155) Maint. Area 1 FORD-600 Maint. Area 1 CLUB CAR Carryall-11 Maint. Area 1 CLUB CAR Turf 11 Maint. Area 1 CLUB CAR Turf 11 Maint. Area 1 CLUB CAR ALL 11 Maint. Area 1 CLUB CAR ALL 11 Maint. Area 1 CLUB CAR Turf 11 Maint. Area 1 CLUB CAR Turf 11 Maint. Area 1 CLUB CAR Carry-all Turf 2 Maint. Area 1 ISUZU TRUCK Maint. Area 1 Toyota Tacoma Truck Maint. Area 1 FLAT BED TRAILER Maint. Area 1 3-WHEEL CUSHMAN Maint. Area 1 TORO WORKMAN 3100 Maint. Area 1 TORO WORKMAN 3200 Maint. Area 1 TORO PRO SWEEP 5200 Maint. Area 1 SMITHCO 300 Maint. Area 2 25-GAL. SPRAYER 12V Maint. Area 1 15-GAL. SPRAYER 12V Maint. Area 1 RIDGEWAY FOAMER W/PUMP Maint. Area 1 RIDGEWAY FOAM TANK ASSY. W/PUMP Maint. Area 2 RAVEN CONTROL UNIT COMPLETE Maint. Area 4 LESCO WALK SPREADER Maint. Area 1 LESCO COMBO DROP/CYCLONE SPREADER Maint. Area 1 VICON SPREADER Maint. Area 1 TY-CROP QUICK PASS 300 Top Dresser Maint. Area 1 TY-CROP MH-400 Maint. Area 1 w/TyCrop Attachment Twin Spinner, Conveyer Belt Maint. Area 1 SM. GANDY SPREADER Maint. Area 1 DRAG MAT W/ ATTACHMENT Maint. Area 1 GREENS GROOMER DRAG BRUSH Maint. Area 1 TORO AERATOR Office 5 office desks Office 4 office chairs swievel Office 5 cushioned office chairs Office 1 postage machine Office 1 telephones and system Office 1 portable telephone Office 2 desktop printers Office 1 networking computer system Office 1 phone answering system Office 1 copier Office 1 laser printer Office 2 4-drawer metal file cabinets Office 1 safe Office 1 4-shelf metal bookcase Office 2 2-drawer metal file cabinets Office 2 biege metal file cabinet/drawer 4' wide 3 Item # 33 Attachment number 4 Page 4 of 5 LOCATION QUANTITY DESCRIPTION Office 1 shredder Office 1 fax Office 2 6' metal utility shelves Closet 5 Utility shelf units Closet 2 wheel chairs Closet 1 podium Closet 12 table skirts Grille 4 TV's Grille 1 silverware/plates/glasses Grille 1 planter Grille 1 numerous picures and plaques Grille 1 beer tap Grille 5 metal utility shelves Grille 2 hot dog machine Grille soup warmer Grille small refrigerator Grille 14 bar stools Grille 52 chairs Grille 12 tables Grille bar mixer Shop 2 STIHL CHAIN SAW Shop 1 STIHL 40" TRIMMER Shop 1 HEDGE TRIMER Shop 3 STIHL CHAIN SAW Shop 1 STIHL QUICK CUT SAW Shop 1 ELECTRIC WATER PUMP (irrigation) Shop 1 MANUAL ROLLER Shop 1 PRESSURE WASHER Shop 1 PRESSURE WASHER (Green Mowers) Shop 1 BOAT-10ft/w oars Shop 1 SKID MOUNT GENERATOR Shop 1 WHEEL BARREL ONE-WHEEL Shop 1 WHEEL BARREL TWO-WHEEL Shop 1 GAS WELD OUTFIT Shop 3 L.P. GAS BOTTLES Shop 1 MAKITA CHOP SAW Shop 1 HAND CART Shop 1 PORTABLE AIR TANK Shop 1 HYD. SHIP PRESS Shop 1 BATTERY CHARGER Shop 1 SAW-ZALL Shop 1 MAKITA ELECTRI DRILL Shop 1 MAKITA CORDLESS DRILL Shop 1 HPZ RIVOT SET Shop 1 SAND BLASTER Shop 1 VISE IN YARD Shop 1 VISE IN SHOP Shop 1 TIRE CHANGER Shop 1 OIL CRUSHER Shop 1 CHAIN HOIST GREY-SHOP Shop 1 HYD. FLEET JACK Grey Shop 1 HYD. PALLET JACK Shop 1 2-T FLOOR JACK Black Hawk Shop 1 FLOOR JACK (orange) Shop 6 JACK STANDS Shop 2 INFRARED HEATER Shop 1 STIHL POLE SAW 4 Item # 33 Attachment number 4 Page 5 of 5 LOCATION QUANTITY DESCRIPTION Shop 2 JACOBSEN PUSHMOWER Shop 7 Stihl Line TRIMMER Shop 1 SHINDIAWA STRING EDGER Shop 1 SHINDIAWA BLADE EDGER Shop 1 TRENCHER Shop 2 REDMAX RECIPICATOR Shop 1 STIHL BLOWER Shop 1 STIHL CHAIN SAW Shop 1 SHOP VAC Shop 2 FAN (shop) CIRCULATOR Shop 1 ICE-BOX-Frig. Shop 1 STIHL BG BLOWER Shop 1 STIHL BAK PACK BLOWER Shop 1 MILWALKEE GRINDER Shop 1 MISCELLANOUS TOOLS & EQUIPMENT Shop 1 SHOP HEATER Shop 7 TORO 1000 WALKING GREENS MOWER Shop 1 CRANE PUMP HOUSE Shop 1 BOOSTER PACK Shop 1 TROLLEY Shop 1 BACK BLOWER Shop 1 MEASURING WHEEL Shop 1 Toro 660 Pro Core Aerator Hall 5 cushion chairs Hall 1 sofa table Hall 5 planters on wheels Hall 1 table top planter Hall 13 framed pictures Hall 1 Ice well/water dispenser Kitchen 2 convection oven Kitchen 1 hobart mixer Kitchen 2 gas fryers Kitchen 1 ice well Kitchen 1 trash cans Kitchen 3 reach-in coolers Kitchen 7 prep tables Kitchen 1 computer Kitchen 1 printer Kitchen 2 chairs Kitchen 1 desk Kitchen 1 steam table with heat lamps Kitchen 2 conveyor belt toasters Kitchen 1 large red food warmer Kitchen 1 alto sham Kitchen 15 metal utility shelves Kitchen 1 dish warmer Kitchen 1 food warmer Kitchen 2 microwaves Kitchen 1 ice cream cooler Kitchen 1 bread warmer Kitchen 2 BBQ grills Card Room 8 4-top tables Card Room 1 round table Card Room 24 Burgundy Cushioned chairs on wheels Card Room 1 TV 5 Item # 33 Attachment number 5 Page 1 of 5 Exhibit "A" CCC Golf Course Equipment Inventory September, 2008 LOCATION QUANTITY DESCRIPTION Pro Shop 1 Hdcp & Tournament PC Pro Shop 1 Dell Monitor Pro Shop 1 HP 5150 Printer Pro Shop 1 Electric Pencil Sharpener Pro Shop 4 Chairs w/rollers Pro Shop 3 Small 22" tables Pro Shop 1 Animal Headcover display Pro Shop 1 Folding card table Pro Shop 1 Folding 6' table Pro Shop 1 Wooden TV table Pro Shop 1 Greeting card dislplay Pro Shop 1 Slotwall installation 4'x 32.5' Pro Shop 100 Miscellaneous slotwall display fixtures Pro Shop 2 Freestanding slotwall displays Pro Shop 2 2-way slant arm displays Pro Shop 1 Chrome semi-spiral display Pro Shop 2 Metal grid display Pro Shop 25 Metal grid display fixtures Pro Shop 1 Antique dresser Pro Shop 3 Mannequins Pro Shop 1 Wooden golf club display Pro Shop 1 Belt display Pro Shop 1 Glass showcase/counter Pro Shop 1 Freestanding PC cabinet Pro Shop 1 Fixed PC cabinet Pro Shop 2 Sunglass displays Pro Shop 1 Sonartec club display Pro Shop 1 FJ sock display Pro Shop 1 Kodak All-In-One printer Pro Shop 1 3 drawer printer stand Pro Shop 1 PC w/AMD64 processor Pro Shop 1 Clover digital video recorder w/3 cameras Pro Shop 1 30" x 12" x 72" bookshelf Pro Shop 6 Cork bulletin boards Pro Shop 3 Dry-erase boards Pro Shop 3 18" x 36" x 73" metal storage racks Pro Shop 1 24" x 48" x 72" metal storage rack Pro Shop 1 Metal 4-drawer file cabinet letter Pro Shop 1 Metal 2-drawer file cabinet legal Bag Room 1 Chalk Board Bag Room 1 2 level metal lockers Bag Room 3 Spools nylon rope Bag Room 1 4 drawer metal cabinet 17" x 38" x 31" Bag Room 1 Club repair workbench w/4.5" vise Bag Room 1 Golf club washer Bag Room 1 32" pedestal fan Bag Room 1 20" pedestal fan Bag Room 1 Toaster Bag Room 1 Microwave Bag Room 9 Rubbermaid 32 gallon trash containers Bag Room 15 Wooden club storage racks Cart Barn 2 Wooden storage cabinets 1 Item # 33 Attachment number 5 Page 2 of 5 LOCATION QUANTITY DESCRIPTION Cart Barn 1 Frigidair "Gallery" commercial washer Cart Barn 1 Frigidair "Gallery" commercial dryer Cart Barn 1 Metal tool storage cabinet 68" x 18" x 36" Cart Barn 1 Workbench w/5.5" vise Cart Barn 1 Rangemate range ball washer Cart Barn 1 13 gallon / 4HP air compressor Cart Barn 1 Portable air tank Cart Barn 1 CLUB CAR CARRY ALL-1 RANGER PICKER Cart Barn 1 SIN. GANG BALL PICKER (PUSH) Cart Barn 55 Electric Club Car Carts w/accessories Cart Barn 1 Beverage Cart Dining 4 large round tables Dining 10 medium round tables Dining 14 small round tables Dining 32 4-top tables Dining 300 dining room chairs Dining 4 2-top tables Dining 5 2' round tables Dining 1 large ice salad bin Dining 10 banquet tables Dining 5 8' rectangular tables Dining 6 6' rectangular tables Dining 1 clock Dining 1 Wurlitzer Piano Dining 1 portable bar Dining 1 flag with pole Dining 1 sneeze guards Dining 4 room dividers (planters) Dining 1 CD player Dining 1 metal utility shelf Dining 2 vacuums Dining 4 ladders Dining 5 TV's Dining 1 silverware/plates/glasses Dining 2 sound system Dining 6 framed pictures Dining 1 45'x45' portable dance floor Dining 7 plastic room dividers Ladies RR Small table with planter Ladies RR large mirror Ladies RR swievel chair Maint. Area 1 2002 TRI-PLEX Greens Mower JAC Maint. Area 1 2002 TRI-PLEX Greens Mower JAC Maint. Area 1 1999 TRI-PLEX Tee & Collar Mower JAC Maint. Area 1 1998 TRI-PLEX Tee & Collar Mower JAC Maint. Area 1 Toro Tri-plex Greens Mower Maint. Area 1 Toro Tri-Plex Greens Mower Maint. Area 1 6500 Fairway Mower Maint. Area 1 STEINER MOWER w/boom mower Maint. Area 1 2002 TORO 3100-D Maint. Area 1 2002 TORO 3100-D Maint. Area 1 2000 TORO Reel Master 6500-D Maint. Area 1 2000 TORO 6500-D Maint. Area 1 TORO Groundmaster 7200 Maint. Area 1 TORO Groundmaster 7200 Maint. Area 1 STEINER MOWER Maint. Area 1 TORO 5-GANG REELMASTER 2 Item # 33 Attachment number 5 Page 3 of 5 LOCATION QUANTITY DESCRIPTION Maint. Area 1 TORO 5-GANG REELMASTER Maint. Area 1 Jac 5-GANG ROUGH MOWER Maint. Area 1 TORO SandPro Maint. Area 1 SPIKER REELS (1 set of 3) Maint. Area 2 VERTICUT REELS (1 set of 3) Maint. Area 1 CASE Loader 570 XL Maint. Area 1 JOHN DEER TRACTOR (2040) Maint. Area 1 Ford 3000 TRACTOR Maint. Area 1 JOHN DEER TRACTOR (2155) Maint. Area 1 FORD-600 Maint. Area 1 CLUB CAR Carryall-11 Maint. Area 1 CLUB CAR Turf 11 Maint. Area 1 CLUB CAR Turf 11 Maint. Area 1 CLUB CAR ALL 11 Maint. Area 1 CLUB CAR ALL 11 Maint. Area 1 CLUB CAR Turf 11 Maint. Area 1 CLUB CAR Turf 11 Maint. Area 1 CLUB CAR Carry-all Turf 2 Maint. Area 1 ISUZU TRUCK Maint. Area 1 Toyota Tacoma Truck Maint. Area 1 FLAT BED TRAILER Maint. Area 1 3-WHEEL CUSHMAN Maint. Area 1 TORO WORKMAN 3100 Maint. Area 1 TORO WORKMAN 3200 Maint. Area 1 TORO PRO SWEEP 5200 Maint. Area 1 SMITHCO 300 Maint. Area 2 25-GAL. SPRAYER 12V Maint. Area 1 15-GAL. SPRAYER 12V Maint. Area 1 RIDGEWAY FOAMER W/PUMP Maint. Area 1 RIDGEWAY FOAM TANK ASSY. W/PUMP Maint. Area 2 RAVEN CONTROL UNIT COMPLETE Maint. Area 4 LESCO WALK SPREADER Maint. Area 1 LESCO COMBO DROP/CYCLONE SPREADER Maint. Area 1 VICON SPREADER Maint. Area 1 TY-CROP QUICK PASS 300 Top Dresser Maint. Area 1 TY-CROP MH-400 Maint. Area 1 w/TyCrop Attachment Twin Spinner, Conveyer Belt Maint. Area 1 SM. GANDY SPREADER Maint. Area 1 DRAG MAT W/ ATTACHMENT Maint. Area 1 GREENS GROOMER DRAG BRUSH Maint. Area 1 TORO AERATOR Office 5 office desks Office 4 office chairs swievel Office 5 cushioned office chairs Office 1 postage machine Office 1 telephones and system Office 1 portable telephone Office 2 desktop printers Office 1 networking computer system Office 1 phone answering system Office 1 copier Office 1 laser printer Office 2 4-drawer metal file cabinets Office 1 safe Office 1 4-shelf metal bookcase Office 2 2-drawer metal file cabinets Office 2 biege metal file cabinet/drawer 4' wide 3 Item # 33 Attachment number 5 Page 4 of 5 LOCATION QUANTITY DESCRIPTION Office 1 shredder Office 1 fax Office 2 6' metal utility shelves Closet 5 Utility shelf units Closet 2 wheel chairs Closet 1 podium Closet 12 table skirts Grille 4 TV's Grille 1 silverware/plates/glasses Grille 1 planter Grille 1 numerous picures and plaques Grille 1 beer tap Grille 5 metal utility shelves Grille 2 hot dog machine Grille soup warmer Grille small refrigerator Grille 14 bar stools Grille 52 chairs Grille 12 tables Grille bar mixer Shop 2 STIHL CHAIN SAW Shop 1 STIHL 40" TRIMMER Shop 1 HEDGE TRIMER Shop 3 STIHL CHAIN SAW Shop 1 STIHL QUICK CUT SAW Shop 1 ELECTRIC WATER PUMP (irrigation) Shop 1 MANUAL ROLLER Shop 1 PRESSURE WASHER Shop 1 PRESSURE WASHER (Green Mowers) Shop 1 BOAT-10ft/w oars Shop 1 SKID MOUNT GENERATOR Shop 1 WHEEL BARREL ONE-WHEEL Shop 1 WHEEL BARREL TWO-WHEEL Shop 1 GAS WELD OUTFIT Shop 3 L.P. GAS BOTTLES Shop 1 MAKITA CHOP SAW Shop 1 HAND CART Shop 1 PORTABLE AIR TANK Shop 1 HYD. SHIP PRESS Shop 1 BATTERY CHARGER Shop 1 SAW-ZALL Shop 1 MAKITA ELECTRI DRILL Shop 1 MAKITA CORDLESS DRILL Shop 1 HPZ RIVOT SET Shop 1 SAND BLASTER Shop 1 VISE IN YARD Shop 1 VISE IN SHOP Shop 1 TIRE CHANGER Shop 1 OIL CRUSHER Shop 1 CHAIN HOIST GREY-SHOP Shop 1 HYD. FLEET JACK Grey Shop 1 HYD. PALLET JACK Shop 1 2-T FLOOR JACK Black Hawk Shop 1 FLOOR JACK (orange) Shop 6 JACK STANDS Shop 2 INFRARED HEATER Shop 1 STIHL POLE SAW 4 Item # 33 Attachment number 5 Page 5 of 5 LOCATION QUANTITY DESCRIPTION Shop 2 JACOBSEN PUSHMOWER Shop 7 Stihl Line TRIMMER Shop 1 SHINDIAWA STRING EDGER Shop 1 SHINDIAWA BLADE EDGER Shop 1 TRENCHER Shop 2 REDMAX RECIPICATOR Shop 1 STIHL BLOWER Shop 1 STIHL CHAIN SAW Shop 1 SHOP VAC Shop 2 FAN (shop) CIRCULATOR Shop 1 ICE-BOX-Frig. Shop 1 STIHL BG BLOWER Shop 1 STIHL BAK PACK BLOWER Shop 1 MILWALKEE GRINDER Shop 1 MISCELLANOUS TOOLS & EQUIPMENT Shop 1 SHOP HEATER Shop 7 TORO 1000 WALKING GREENS MOWER Shop 1 CRANE PUMP HOUSE Shop 1 BOOSTER PACK Shop 1 TROLLEY Shop 1 BACK BLOWER Shop 1 MEASURING WHEEL Shop 1 Toro 660 Pro Core Aerator Hall 5 cushion chairs Hall 1 sofa table Hall 5 planters on wheels Hall 1 table top planter Hall 13 framed pictures Hall 1 Ice well/water dispenser Kitchen 2 convection oven Kitchen 1 hobart mixer Kitchen 2 gas fryers Kitchen 1 ice well Kitchen 1 trash cans Kitchen 3 reach-in coolers Kitchen 7 prep tables Kitchen 1 computer Kitchen 1 printer Kitchen 2 chairs Kitchen 1 desk Kitchen 1 steam table with heat lamps Kitchen 2 conveyor belt toasters Kitchen 1 large red food warmer Kitchen 1 alto sham Kitchen 15 metal utility shelves Kitchen 1 dish warmer Kitchen 1 food warmer Kitchen 2 microwaves Kitchen 1 ice cream cooler Kitchen 1 bread warmer Kitchen 2 BBQ grills Card Room 8 4-top tables Card Room 1 round table Card Room 24 Burgundy Cushioned chairs on wheels Card Room 1 TV 5 Item # 33 Attachment number 6 Page 1 of 8 FIRST AMENDMENT TO LEASE AGREEMENT THIS First Amendment to that certain Lease Agreement dated May 9, 2000, recorded of public record on November 7, 2000, in O. R. Book 11114, page 1645, Public Records of Pinellas County, Florida ("Lease") is hereby made and entered into on , 20087 by and between the CITY OF CLEARWATER, a Municipal Corporation of the State of Florida, whose address is Attn: Parks and Recreation Director, P.O. Box 4748, Clearwater, FL 33758-4748, herein after referred to as the "City" and CLEARWATER COUNTRY CLUB MANAGEMENT, INC., a Florida Non Profit Corporation, herein after referred to as the "Club", whose address is 525 Betty Lane North, Clearwater, FL 33755 (individually referred to herein as "Party" or collectively as the "Parties"). WHEREAS, the City commissioned a study by the National Golf Foundation which resulted in the Parties entering into the Lease Agreement for a certain City-owned golf course property (the "Golf Course") as more particularly described in Exhibit "A" (attached hereto and incorporated herein); and WHEREAS, the Club owns property adjacent to the Golf Course upon which the Golf Course clubhouse is located along with certain parking facilities and appurtenances (the "Clubhouse" or "Clubhouse Property") as more particularly described in "Exhibit "B" (attached hereto and incorporated herein); and WHEREAS, the Club now desires to sell the Clubhouse Property to the City; and WHEREAS, the City finds that it is in the best interest of the citizens of the City to assemble the Golf Course and Clubhouse parcels through a purchase of the Clubhouse parcel, which shall subsequently be included in the property to be leased back to the Club under this Lease Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained hereinafter, the parties hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. Section 1, Grant of Lease, Term Description and Option to Renew, is hereby amended as follows: The description of the Leased Premises (Exhibit "D") shall be amended to include the Clubhouse Property, a 5.7 acre parcel having been purchased by the City from the Club of even date herewith, more or less simultaneous hereto, as more particularly described in Exhibit "B" attached hereto and incorporated hereby by reference. Personal Property: All personal property owned by Club as inventoried in Exhibit "C" appended hereto, and by this reference made an integral part hereof, together with all 1 Item # 33 Attachment number 6 Page 2 of 8 future replacements or substitutions thereof, shall remain the property of the Club and shall not convey to City. City shall, however, have a security interest in such personal property in the form of a Uniform Commercial Code (UCC-1) Financing Statement behind Liberty Bank which shall have a priority security interest in such property to secure a line of credit given in favor of Lessee by the bank. Lessee shall execute all documents necessary to provide said security simultaneous to this Amendment. 3. Section 5, AVAILABILITY OF GOLF TO THE PUBLIC, is hereby amended as follows: AVAILABILITY OF GOLF AND USE OF OTHER IMPROVEMENTS TO THE PUBLIC The Club, in its operation of the course and other improvements (collectively the "Facilities") shall, at all times, subject to reasonable rules and regulations common to other similar facilities in the area, make u^h ^^urse the Facilities available to the publi City of Clearwater residents who are not members of the Club upon payment of reasonable, applicable gFeeR fees for such use. The Club will, at all times, conduct its operation in such a manner as will be conducive to greens fee play and other facility usage and will undertake any and all reasonable acts to insure that the p6lbliG 06 City of Clearwater residents are aware that the Facilities are available for gFeeRS feeplay their use without the need for a membership and will make reasonable efforts to see that the prevailing atmosphere at the Club will be such that greens fee players all users will feel welcome to use the facility. The provisions of this paragraph shall be a material part of this lease. 4. Section 8, Use and Care of Premises is hereby amended as follows: The last sentence of paragraph 8 shall read as follows: Club and City Parks and Recreation Director shall meet annually to discuss mutually agree 61PGR a capital improvement program to be implemented by the Ufa City at its discretion. 5. Section 14, BANKRUPTCY OR DEFAULT, CITY HAS OPTION TO TERMINATE, is hereby amended as follows: Should the Club hereinafter be adjudged bankrupt or become insolvent or in any other way be financially unable to keep the covenants of this Lease, the City may at its option, terminate the Lease, as though for breach of any other covenant. Gity may al ar--r--elerate the option to PWrGhasse_ here-in and shall be assigned any rights the Club may have in ender fnr Gity to ni irnhoco 6. Section 16, RENTAL, is hereby deleted in its entirety and replaced with the following: The Club shall pay to the City as base rental for the premises $200,000 annually, plus applicable sales tax. The said rental payments shall be paid in advance to the City quarterly, beginning October 1, 2009. 2 Item # 33 Attachment number 6 Page 3 of 8 The disposition of remaining funds will be at the discretion of the Board of Directors of the Club, except that all funds must be used for the improvement of the course and facilities or to establish suitable reserves for the maintenance and capital improvements as provided for hereunder. Under no circumstances shall a profit be made and distributed in any fashion or manner to Lessee, members, associates, or the public. 7. Section 17, CITY'S OPTION TO PURCHASE CLUB PROPERTY, is hereby deleted in its entirety and replaced with the following: It is the intention of the Parties that the City shall purchase the real property and improvements described in Exhibit "B" pursuant to that certain Purchase and Sale Agreement ("Purchase Agreement") of even date herewith between the Parties. This Lease Amendment and the Purchase Agreement are expressly contingent, each upon the other, becoming effective. The Club will lease the land and facility back from the City along with the Golf Course. 8. Section 18, OPERATION AND MEMBERSHIP REQUIREMENTS is hereby amended as follows: The Club agrees to operate the Clubhouse, golf course and related facilities located on the properties described in Exhibit "BD" as a semi-private facility subject to the right of greens fee players and City of Clearwater residents to use the food, beverage, and rest room facilities during the day such players are using the course as further outlined hereinafter. The Club covenants that membership in the Club, either social or golfing, will be made available to the public. The Club, however, in accepting applications for membership and admitting a member will be subject to the following guidelines and restrictions: A. For golfing and social membership, priority on a waiting list shall be given to residents of the City who are applicants. If no City resident is on the waiting list for an available membership, the said membership may be offered to the general public. B. Membership shall be without discrimination based on race, religion, sex, age or national origin. C. The Club's By-Laws will conform with these membership requirements and such By-Laws shall be continued during the term of this Lease. D. A violation of these covenants by the Club shall constitute a substantial default under the terms of this Lease. 9. Section 19, INSURANCE, INDEMNIFICATION AND HOLD HARMLESS is hereby amended as follows: 3 Item # 33 Attachment number 6 Page 4 of 8 The Club agrees to indemnify and hold the City and its employees harmless from and against any and all claims, demands, and causes of action or lawsuits of whatever kind or character arising directly or indirectly from this agreement or the performance hereof. This indemnity clause includes, but is not limited to, claims, demands, causes of action or lawsuits for damages or injuries to goods, wares, merchandise and property and for any bodily or personal injury or loss of life in, upon or about the property. The Club shall obtain at its own expense, and maintain during the term of this agreement, the insurance coverages set forth below: I Ride Coverage a rM _ A _ Coverage s hall ho nn More restrictive th an that . fowled b the latest edition of Ins, ,raRGe S eR es Office fGFFnS G F001 1 C F=0943- y 0 i , C;F=Q4 20, and! CF12 1 -0. If aya nkhol lah- le, s e ins,,ranre is 4o ho inoli,der-. If the nrn?i ef the? j All Leverag e not innl, ide sinLhnles a nr! the Clubshall teed fn be in nnmplianne wi h this paragraph S enial fleed hater area fleed ins, ,ronn e shall be preyided for the ?n?al ins, ,rahle a?iailahle , nrler +he Alatinnal Flom! Ins, ,r anee DrngraM ?nihinh P4 is loss . (2) B`n,ler onr! NAanhin IRS' ranne _ If the h, ,ildings nr s#n ,nW, ,res in c ,h shall ?MTOin r-e-pre.h?onsi?io ins, ,ro ?GG4eris?s6 A-.R ?#h9 property liability fer darnage to property of others; a. Repair and ReplaGGFnent h AMn, ,n? of Inc, ,ronne $1,000,000.00 per annident Personal Property - The City shall not insure or self-insure loss to personal property of Club. Club understands that it is solely responsible for such losses regardless of cause. {34 (2) Comprehensive General Liability - Coverage shall be afforded on a form no more restrictive that the latest edition of the Comprehensive General Liability policy filed by the Insurance Services Office and shall include: a. Minimum limits of $1,000,000.00 per occurrence combined single limits for bodily injury liability, personal injury, and property damage liability. 4 Item # 33 Attachment number 6 Page 5 of 8 b. Premises and Operation. c. Independent Contractors. d. Products or Completed Operations. d- e. Personal Injury Coverage with employees and contractual exclusions removed. c- f. Liquor Law Liability, if applicable. g_ Golf carts or other golfing appurtenances, not owned by the Club but brought onto the property by others. 04 3) Business Auto Policy - Coverage shall be afforded on a form no more than restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and shall include: a. Minimum limits of $1,000,000.00 per occurrence, combined single limits for bodily injury liability and property damage liability. b. Coverage on all vehicles (owned, hired, and non-owned). {54 (4) Workers Compensation - Coverage shall apply for all employees for statutory limits in compliance with the applicable State and Federal laws. In addition, the policy shall include employer's liability with a limit of $500,000.00 for each accident. If the self-insured status of the Club is approved by the State of Florida, the City agrees to recognize and accept such status upon proof of such approval. Other Requirements. (1) The City shall be named as an additional insured on all insurance policies required under this agreement. (2) Copies of insurance certificates for all insurance required by the agreement, and copies of all insurance policies covering insurance required by this agreement, shall be furnished to the City Clerk of the City prior to the use of the property. (3) Not less than sixty (60) days notice of cancellation or restricted modifications of any insurance policy providing the coverage required by this agreement shall be required on all insurance policies. 5 Item # 33 Attachment number 6 Page 6 of 8 The City shall obtain at its own expense, and maintain during the term of this agreement, the insurance coverages set forth below: (1) Property Insurance - The City shall insure or self-insure the property exposure to its building as it deems fit. 10. Section 21, CLUB TO SUPPLY AUDIT BY C.P.A. is hereby amended as follows: The Club agrees for determination of the rash rental to he nair-! here- inr-!or purposes of auditing and assurance of proper stewardship that it shall at least annually, in each year from the term of this lease, at its own cost, furnish to the City a complete audit of its operations, prepared by a Certified Public Accountant, together with such interim accounts as may from time to time be requested. Such annual statement shall be furnished within thirty (30) days after the end of the Club's fiscal year. The Club shall further submit to the Parks & Recreation Director an annual report of course operation. 11. Section 24, WRITTEN CONSENT OF CITY NECESSARY FOR ANY CHANGES, is hereby amended as follows: Club must get City approval `"'hinh droll not he i preosnnohly Wothheld to remove, demolish, remodel or replace any building or other structure on the leased land Ar land AWAed by the Club. 12. Section 25, DEFAULT BY CLUB ON ANY MORTGAGE CITY MAY CONSTRUE IT AS A DEFAULT IN LEASE, is hereby deleted in its entirety and replaced with the following: The Club shall not enter into any loan or agreement obligating any portion of the Facilities thereby creating additional debt or encumbrance on the Leased Property or the Facilities. 13. Section 27, CLUB'S RIGHT TO CURE ANY ALLEGED DEFAULT WITHIN 30 DAYS OF WRITTEN NOTICE, is hereby amended as follows: A default in the performance of a promise, covenant, or obligation shall constitute a breach of this lease; provided, however, that such default shall not constitute such breach as to terminate this lease until and after the Club fails to cure or to take reasonable measure to cure such default within thirty (30) days after written notice of default has been served upon the Club. The City GQV9_n;nts th;t in the G-V9nt this leaCe netir e to sur h mort a ee er mort a ees; of said defaidt and shall afferd - - g g g g 6 Item # 33 Attachment number 6 Page 7 of 8 its right to rloolaro a de-fault and termination of the learn 14. Section 28, UPON DEFAULT LEASE IS TERMINATED AND CITY MAY PURCHASE ASSETS, is hereby amended as follows: If any default is not cured after notice, as above provided, either by the Club er any mortgagee er assignee, then and in such event this lease shall be terminated and the Club will become a tenant at will and the City will be entitled to purchase such assets necessary for the operation of the golf course at fair market value subject to that certain security interest in favor of Liberty Bank provided by CCC as security for a line of credit existing at the inception of this Amendment. 15. Section 33, PROCURING SUPPLIES, is hereby added to read: The City shall procure for and supply to the Club all golf course and other facility areas maintenance materials, including, but not limited to, fertilizer, insecticides, pesticides, and sod, and other supplies necessary for the Club to discharge its maintenance obligations hereunder, which shall be used to maintain the subject property only. The Club will reimburse the City for its out of pocket costs of these supplies. 16. Section 34, CAPITAL IMPROVEMENT PROJECT, is hereby added to read: The City shall establish an annual Capital Improvement Project fund, in the amount of $50,000, and shall conduct capital repairs, refurbishment, restoration and replacement as determined by the City in its sole discretion, with the City providing the final determination as to such repairs, and within the restrictions of any applicable approved City budget, to keep the facility at a level that is acceptable for other similar City facilities and buildings. The Club shall continue to maintain its existing CIP fund (in addition to the City's CIP fund as described above), of at least $50,000, which shall be administered by the Club, in its discretion for capital improvements at the golf facility. 17. Section 35, RADON GAS NOTICE, is hereby added to read: In accordance with provisions of Section 404.056(5), Florida Statutes (1989), as amended. Lessee is herebv informed as follows: RADON GAS: Radon is a naturallv occurrina radioactive aas 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. 18. Section 36, ASSIGNABILITY OF LEASE, is hereby added to read: 7 Item # 33 Attachment number 6 Page 8 of 8 This lease may not be assigned in part or whole to any other entity, any such attempted assianment shall render this Lease null and void in its entiretv. All other terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard William B. Horne, II Mayor City Manager Approved as to form: Laura Lipowski Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk CLEARWATER COUNTRY CLUB MANAGEMENT, INC. By: Printed Name: President By: Printed Name: Secretary 8 Item # 33 Item # 33 (tern # 33 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 10/2/2008 SUBJECT / RECOMMENDATION: Appoint two members to the Municipal Code Enforcement Board with the term expiring on October 31, 2011. SUMMARY: APPOINTMENT WORKSHEET BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor MEMBERS: 7 CHAIRPERSON: Douglas Williams MEETING DATES: 4th Wed., 3 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. James B. Goins - 1726 Great Brikhill Rd., 33755 - Retired/Sales Rep. Original Appointment: 04/03/08 - (0 Absences) Interest in Reappointment: Yes (completing a term until 10/31/08) 2. Jay Keyes - 100 Devon Dr., 33767 - Retired/Business Mgr. Original Appointment: 10/17/02 - (2 absences last 12 months) Interest in Reappointment: yes (2nd term expires 10/31/08) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VAe'AR : 1. Michael Boutzoukas - 2433 Bond Avenue, 33759 - Attorney Item # 34 2. Bob Luna - 774 Snug Island, Island Estates, 33767 - Mortgage & Real Estate Broker 3. Louise C. Riley - 1620 Drew St., 33755 - Retired/Financial Planner Zip codes of current members: 2 at 33755 1 at 33756 2 at 33761 1 at 33764 1 at 33767 Current Categories: 1 Banker (Retired) 1 Business Manager (Retired) 1 Civil Engineer 1 Computer Systems Analyst (Retired) 1 Real Estate Acquisition/Development 1 Realtor/Investor 1 Sales Rep. (Retired) Review Approval: 1) Clerk Cover Memo Item # 34 04/02/2008 21:06 FAX 7274470492 Attac?ent number 1 Page 1 of 1 APR 03 2008 PI_CORD CITY OF CLEARWATER - APPLICATION FOR ADVISORY 8OARD3, (must be Clearwater resident) Name: Home Address: Office Address: M4 iq&%7 23Rd Kl41L L ;Z?P C6aW.W,47*V- Zip 337SY zip Telephone: '727r 4-12 - Q Sh 4 Telephone: How long a resident of Clearwater? y9X'e5 Occupation: PG71RA7> Field of Education: Employer: Other Work Experience: l.3lJS/NEST 09VNE-9 a4mr m.#Aj,+GER 5,4 ? f?E?R>I??1 Tf? T1 dG If retired, former occupation: 64 L.a3 Qr-79 g4 ?T% rl 115 Community Activities: 1 O - 1-0/" P 54.4 1? ? K CI V?? Sd4r C AW 47Mg IUL34:S14BLW-H o.D 60,46/77D14 - Other interests: ?90717,, 4A0.4Y G4 j)A 20U7'& ' s Sum c..? +9- s ? c mfr .q-. cc? Board Service (current and past). Board Preference, PvAA(,C1 R4L GORE E J)=0 #46VL-4&J? Additional Comments: Date: .0/2A rr See qftachfi6l list for boards that require financial disclosure at time of appointment. Please return this applidgz6 and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 34 04/02/2008 21:06 FAA 7274470492 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? CzFSaLU 11.3,4 I s5u&;S ReL,&7 04 TO C 17Y Got>E \/j '?AT1 01 5 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Attachment number 1 Page 1 of 1 $'U S1 uend PAW k eM IE1T - pp&-51Deur G)r pEI414 ox-4c?&n 6-Wi c A-%Sbc. PA PY Ef?R.s 1 G C?R.?U¢•T? Nib G?I??N ©? C'??rt. I Tr o N 4. Why do you want to serve on this Board? 'i Ct.Z"to D F GGIlaAL To "I" J ,41 i? r=oa c.? e-XjsTt N 4 OUA UT%e ID F' Name j4 men F. 40m5 Board Name: "cb- Item # 34 Attachment number 2 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: M. I e--k, .?-.) Home Address: Telephone: 7D-7 - 7 2L.3 ?? 3 Z How long a resident of Clearwater? Occupation: --k44 tt/i Field of Education: g ??a lc cc .a ? seceAu ?b oct v4 o eya Office Address: O t 1 f?/r. /`5 e/ a e e- C 5 /-e Zo ) 0 •0 ec-a/t..t.r td -elr 1`il? Zip 3 -471? Telephone: 7?-7 _.72.6 -- 49 2; 3 -? /$ Employer: ?Ck5l;A Other Work Experience: If retired, former occupation: Community Activities: _ Other Interests: 'Board Service (current and past): Board Preference: 1J v to t' ??,(%1?l e-6-eb ?d s U ReGeZ41 G. A U: rTrr\ e 7 a Ica I i ? Q 91 -'?3 MIM46ij1d 6; trrr no ?C Additional Comments: F Signe Date: See attached list for boar s that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. R E C E! VED APR 10 2008 OFFICIAL RECORM AND LEGI51A1WESRVCS%f{'# 34 Attachment number 2 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The Municipal Code Enforcement Board is typically a group of volunteers which takes evidence and makes'a quasi-judicial determination as to whether a violation exists and.that`.:imposed;:!penalties that the violation is not cured within a defined time period. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? No, but I have served on the Municipal Code. Enforcement Board for the City of Dunedin when I was a resident there. I What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Nearly ]fine years service on the Dunedin Code Enforecement Board, and two years of service on the Dunedin Environmental Quality Commission and the Dunedin Municipal Ordinance Review Committee together with my experience as an Attorney whose primary focus is Real Estate and Business transaction related matters. 4. Why do you want to serve on this Board? T would like the opportunity to utilize my experience, background, training and education to serve the.community and the interest of the City of Clearwater. Name: Michael E. Boutzoukas Board Name: Municipal Code Enforcement Board Item # 34 Attachment number 3 Page 1 of 2 Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BC jV1:D (must be Clearwater resident) ?L 1,,& , AWIs08 Home Addre s: Cell Phone: 7d-7 68/ ' -3 J How long a resident of Clearwater? Occupation: Field of Education: oq ! If retired, former occupation: Offi ddress: OFFICK RSCORDS AND "ISLAWE SRVCS OUT zip Telephone: E-mail Address: oyer: Other Work Experience: --- a..n? v , Community Activities: ,r ///_?d/?'S ,/?`?"?'L`?? j ?a?l''I ?3 ?Y- Other Interests: Board Service (current and past): Additional Comments: B rd Preference: X Signed:: _ `. Date: 9 (// '4 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 34 Attachment number 3 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? /j? - Z-, - -, I ?9,el 6 4 -,. 1 ( g4&u-764 ZeL 4. Why do you want to serve on this Board?,- .S /7 Zs, e L/, Name: c Board Name: Item # 34 Attachment number 4 Page 1 of 1 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: L D U <t i / Home Address: Office Address: 11096 0OFUJ ST- L.ak KJ, T&IL Zip 33155 Zi Telephone: -717 ? _ 776 Telephone: Cell Phone: E-mail Address: How long a resident of Clearwater? 32 D!! L,9 S Occupation: R L T-12 t.:F_0 Employer: Field of Education: ?/?Lc=S 1 N5u0'f IVIVL:i r 1 ti Ain, A,L P A 6¢-1041141C Other Work Experience: If retired, former occupation: ! W A kid ,44 P 4- f Al41 C K Community Activities: 0 o P ?? G= /,/ F r A /J q /K Lu oM/d'W Other I nterests: & i 42 4: A 0,- 55t 7 S - r 2 4?itI&5 41ilL so W, AA1,0jilsZ- Board Service (current and past): eQ,2LF Gr A! Fd/t 1 ? N1- Board Preference: 00,o.- Z A/ Fd 12 06' Af 4 of Additional Comments: Signed: 4 P, tl? Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 34 P Attachment number 4 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? S<L ?' T/-J A Y- 0z),06 5 /996 G ?/fvRC?? 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? L= S 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? %As r ? x P? ?.L a??? ,.r 4. Why do you want to serve on this Board? .?,U 5?F ,-Liz?- TAE C$.Ty a,= 9XSX2W//-",C- Name: t- D u, s L= 0. , ?0,1 46zY Board Name: Oa I» G=-N/=U2L* c r19?,?1 Item # 34 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Royalty Theater - Item Pulled SUMMARY: Review Approval: 1) Clerk Meeting Date: 10/2/2008 Cover Memo Item # 35 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Short-Term Rentals SUMMARY: Review Approval: 1) Clerk Meeting Date: 10/2/2008 Cover Memo Item # 36 Attachment number 1 Page 1 of 2 POLICY FOR USE IN RENDERING ADMINISTRATIVE INTERPRETATIONS OF WHETHER SHORT-TERM RENTALS ARE A "LEGAL NONCONFORMING USE" IN RESIDENTIAL ZONING DISTRICTS INTRODUCTION The City of Clearwater took the position in the Allbritton v. City litigation that short-term rental use had always been prohibited within residential zoning districts of the City. The City has decided to allow property owners to apply through the administrative interpretation process referenced in Community Development Code, Article 5, Division 7, for a decision as to whether they are entitled to such status. Such a process has the advantages of fitting within the City's existing Code framework. A decision by the Community Development Coordinator is subject to appeal under Section 4-501A.1. to the Community Development Board. The Community Development Coordinator will consider the following criteria in making an interpretation as to whether a particular rental use constitutes a legal nonconforming use in a residential zoning district. CRITERIA AND ANALYSIS All criteria must be met. If an applicant fails to meet one of the criteria, the application will not be approved. 1. Length of use: property must have been rented on a short-term basis prior to the adoption of Ordinance No. 7105-03. 2. Frequency and continuation of use: there must not been a discontinuance or abandonment of the short-term rental use for six consecutive months. See Section 8-102, definition of "abandoned building" and other applicable definitions; Section 6-103, Nonconforming Uses, Subsection D. 3. Documentation must be submitted to prove registration of rental use with state and county and payment of applicable state and county taxes for rental use. 4. Property must not have been awarded homestead status for any two consecutive years during the period of rental use. The Coordinator shall review documents submitted by the property owner and available to the City and decide if the application meets the above criteria in order to decide upon legal nonconforming use status. The coordinator will also include the following in making his decision: Documentation of rental use through the following: valid rental contracts; receipts for payment of taxes; and observations of and results of investigations by City staff which have direct bearing on the application under review. Item # 36 Attachment number 1 Page 2 of 2 There is currently no charge for Administrative Interpretations under Community Development Code, Appendix A., Section VIII, Land Development. Staff will process a Code amendment adding a line item with fee to this Section, and will develop a corresponding application form. Item # 36 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval: 1) Clerk Meeting Date: 10/2/2008 Cover Memo Item # 37