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06/18/2009 - City Council Agenda Location: Council Chambers - City Hall Date: 6/18/2009- 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 Service Awards Attachments 4.2 2009 Clearwater High Schools Valedictorians and Salutatorians AttnchmPntc 5. Approval of Minutes 5.1 Approve the minutes of the June 4, 2009 City Council Meeting as submitted in written summation by the City Clerk. Attnchmentc 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve increasing Penny for Pinellas funding of the Beach Connector Trail project to $607,226.49 by transferring $319,417.77 of Penny for Pinellas funds from the Druid Road Improvements project to the Beach Connector Trail project. Attachments 7.2 Approve the applicant's request to vacate a portion of a 10-foot sewer easement located on the applicant's property, (1884 N. Betty Lane),as more particularly described in the ordinance, subject to conditions of approval, and pass Ordinance 8061-09 on first reading, (VAC2009-01 Habitat for Humanity of Pinellas County, Inc.). Attachments 7.3 Approve the applicants request to vacate a portion of Turner Street right-of-way adjacent to property located at 600 S. Missouri Avenue, more particularly described in the ordinance, and pass Ordinance 8076-09 on first reading, (VAC2009-02 Ruth B. Marks Revocable Trust). Attachments 7.4 Continue Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design to August 6, 2009. Attachments 8. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 8.1 Approve a Zoning Atlas Amendment from Business (B) District to Tourist (T) District for property located at 1241, 1261, and 1281 Gulf Boulevard consisting of Lot 1, Subdivision of Radisson Bayside Hotel, and Pass Ordinance No. 7909-08 on first reading. Attachments 9. Second Readings - Public Hearing 9.1 Adopt Ordinance No. 8025-09 on second reading, amending Article VII, Solid Waste Management, Sections 32.271 through 32.322, Appendix A., Schedule of Fees, Rates, and Charges, Article XXV, Public Works - Fees, Rates, and Charges, Section (3)(c) Solid Waste Collection Rates through solid waste roll-off container or waste receptacle service (5)(b)(ii)(7), Clearwater Code of Ordinances. Attachments 9.2 Adopt Ordinance No. 8069-09 on second reading, amending Chapter 22, Parks, Beaches, Recreation, Article 11, Use Regulations, Section 22.24(2) modifying park hours for Mandalay Park. Attachments 9.3 Adopt Ordinance No. 8074-09 on second reading, amending Section 22.40, Clearwater Code of Ordinances, to require the leashing of dogs located at specified areas on Clearwater Beach and requiring the removal of pet defecation. Attachments 9.4 Adopt Ordinance No. 8075-09 on second reading, relating to fireworks displays, amending Subsection (2) (a) of Section 17.06, Clearwater Code of Ordinances, to prohibit the issuance of permits on specified areas of Clearwater Beach during specified times. Attachments City Manager Reports 10. Consent Agenda 10.1 Approve settlement of the liability claim of Gregory Bidlow for payment of $45,000. (consent) Attachments 10.2 Approve payment in an amount not to exceed $40,000 from the Central Insurance Fund for resolution of claim 09000123 to the City of Clearwater. (consent) Attachments 10.3 Accept $144,888 for funding two summer camp programs, approve the corresponding agreement from Coordinated Child Care and authorize the appropriate officials to execute same. (consent) B Attnchmentc 10.4 Approve co-sponsorship and waiver of requested City fees and service charges for FY 2009-2010 special events including six annual City events; and five City co-sponsored events (a reduction of seven events); at an estimated General Fund gross cost of $412,030 ($19,300 representing cash contributions and $392,730 representing in-kind contributions) and enterprise fund cost and fee waiver of $61,620 for the purposes of departmental budget submittals. (consent) Attachments 10.5 Approve the First Amendment to Covenants, Restrictions, Grant of Easements and Modification of Clearwater Commons Shopping Center Operational and Reciprocal Easement Agreement between DDR Southeast Clearwater Development, LLC, the City of Clearwater, and the Phillies and authorize the appropriate officials to execute same. (consent) Attachments 10.6 Approve a Voluntary Cooperation Mutual Aid Agreement as provided under Florida law, entitled "Operation Island Runners", between the Florida Department of Law Enforcement (FDLE) and the City of Clearwater Police Department to form a task force to investigate, dismantle and disrupt Racketeering Influence Corrupt Organizations, human trafficking and related crimes in west central Florida and authorize the appropriate officials to execute same. (consent) Attachments 10.7 Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida, in the amount of $147,034.50, providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School and Oak Grove Middle School for a one-year period commencing July 1 2009 through June 30, 2010 and authorize the appropriate officials to execute same. (consent) Attachments 10.8 Renew the agreement with TriTech Software Systems, Pasadena, California, in the amount of $131,358.33 for software support during the 10 month period ending September 30, 2009, in accordance with Sec. 2.564 (1)(b) - Sole Source, and authorize the appropriate officials to execute same. (consent) Attachments 10.9 Approve a Contract (Blanket Purchase Order) to Jet Age Fuel, Inc. of Clearwater, FL for an amount not to exceed $200,000 for the purchase of High Sulphur Diesel Fuel for Off Road equipment and Emergency Generators as per City of Clearwater RFP 17-09 during the contract period July 1, 2009 through June 30, 2011 and authorize the appropriate officials to execute same. (consent) Attachments 10.10 Award a contract (Purchase Order) to Allied Universal Corporation of Miami, FL, from July 1, 2009, through March 31, 2010, for a total value of $121,499.87, for Liquid Sodium Hypochlorite, and authorize the appropriate officials to execute same. (consent) Attachments 10.11 Approve a Work Order in the amount of $423,246 to URS Corporation, an Engineer-of-Record for the City of Clearwater, to provide Construction Engineering and Inspection (CEI) Services for the construction of the Chautauqua/Coachman Ridge and Morningside reclaimed water projects; and authorize the appropriate officials to execute same. (consent) Attachments 10.12 Approve the URS Corporation work order in the amount of $429,917.00 for engineering design and limited support services during construction of the Clearwater Glen Oaks/Palmetto Reclaimed Water Distribution Project (08-0043-UT), and approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) which provides reimbursement of project costs up to $2,890,000 and authorize the appropriate officials to execute same. (consent) Attachments 10.13 Award a contract to Volt Telecom of Clearwater, Florida, for the Morningside Reclaimed Water System (05-0022-UT) construction contract in the amount of $1,557,039.28, which is the lowest responsible bid received in accordance with plans and specifications and authorize teh appropriate officials to execute same.(consent) Attachments 10.14 Award a contract to A and L Underground, Inc. of Lenexa, Kansas for the construction of the Skycrest Reclaimed Water Project - Contract 2: Transmission and Distribution (Project 07-0013-UT) in the amount of $4,317,223.90, which is the lowest responsible bid in accordance with plans and specifications; and approve a work order for $418,040.00 to McKim and Creed (EOR) of Clearwater, Florida, for project related post-design engineering services, for a total project amount of $4,735,263.90, and authorize the appropriate officials to execute same. (consent) Attachments 10.15 Award a contract to R.E. Purcell Construction Company, Inc., of Largo, Florida, in the amount of $1,109,657.62 for the construction of the South Gulfview Boulevard Reconstruction Project (07-0060- EN), which is the lowest responsible bid in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) Attachments 10.16 Approve a supplemental work order in the amount of $35,500.00 to Malcolm Pirnie (EOR) of Tampa, Florida, for additional project related post-design engineering services for the Marshall Street APCF Process Air System Upgrade Project (07-0003-UT) for a total cost of $133,500 for CEI services, and authorize the appropriate officials to execute same. (consent) Attachments 10.17 Approve filing a third-party complaint against general contractor Westra Construction Corp. in Divaco, Inc. v. City of Clearwater, Case: 07-2045-CI-15, and authorize an action against same to seek indemnification for damages and costs arising out of ongoing litigation matter. (consent) Attachments 11. Other Items on City Manager Reports 11.1 Amend the City's fiscal year 2008/09 Operating and Capital Improvement Budgets at Mid Year and pass Ordinances 8077-09 and 8078-09 on first reading. Attachments 11.2 Award a contract to Gregory Electric Company, Inc. of Naples, Florida in the amount of $2,172,942.57 for construction of the Chautauqua/Coachman Ridge Reclaimed Water (RCW) Project (project 07-0053- UT), which is the lowest responsible bid received in accordance with the plans and specifications for this project; and authorize the appropriate officials to execute same. Attachments 11.3 Authorize the City to enter into an agreement with CSX Transportation, Inc., for installation of one (1) 24-inch reclaimed water main in the CSX right-of-way as part of the Skycrest Reclaimed Water Project - Contract 2: Transmission and Distribution, approve Pipeline Crossing Agreement CSX-629438, adopt Resolution 09-27 and authorize the appropriate officials to execute same. Attachments Miscellaneous Reports and Items 12. City Manager Verbal Reports 12.1 Update on Beach Parking Garage Negotiations Attachments 13. Council Discussion Items 13.1 Reclaimed Water Availability Fee Attachments 13.2 Vacant, Foreclosed, and Abandoned Properties - Mayor Hibbard Attachments 14. Other Council Action 14.1 Other Council Action Attachments 15. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Barry Slack Jeffrey Walker James Hawkins Rebecca Melendez Kerry Nelson Geraldine Lucas Eric Lewis 10 Years of Service Florence Reichert Earl Ashley Chancee Anderson 15 Years of Service Tamijo Watson William Clark Thomas Simak James Hornaday Donald Hlinka Julie Schultz Mary Weaver Dorothee Morrow Oliver Matthews Steven Baginski 20 Years of Service Isaac Hinson Alan Uhr Nick Gossman Thomas Bracalento Mary Cressman Vickie Davenport 25 Years of Service Mark Behring Randy Holm Marianna Mallon Solid Waste Dev & Neighborhood Svcs. Solid Waste Dev & Neighborhood Svcs. Gas Library Parks & Recreation Public Utilities Solid Waste Public Services Gas Gas Gas Gas Gas Parks & Recreation Dev & Neighborhood Svcs. Engineering Solid Waste Police Parks & Recreation Police Police Police Solid Waste Human Resources Information Technology Gas Police Team Award Fire Medic Arrest Team Nathan Brooks & Monica Juarbe Meeting Date:6/18/2009 Cover Memo Review Approval: 1) Clerk Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: 2009 Clearwater High Schools Valedictorians and Salutatorians SUMMARY: Meeting Date:6/18/2009 Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall Meeting Date:6/18/2009 SUBJECT / RECOMMENDATION: Approve the minutes of the June 4, 2009 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 3 Attachment number 1 Page 1 of 22 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER June 4, 2009 Unapproved Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. Also present: William B. Horne - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order The Mayor called the meeting to order at 6:00 p.m. at City Hall. 2. Invocation - .juber C t 3. Pledge I nipil g -1,,1 y i' t°li r 4. Presentations 4.1 ado Ownership Month Prog'arnatioi June 2009 4.2 Hurricane Awareness Month roclar ration - Jun 2009 4.3 Miss Florida Jessica Fehr - K to the City present d. 5. Approval of Minutes 5.1 Approve the minutes of `h May 21, 2009 City Council Meeting as submitted in written summation by the City CI rk. Councilmember Carlen Petersen moved to approve the minutes of the May 21, 2009 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Item # 3 Council 2009-06-04 1 Attachment number 1 Page 2 of 22 6. Citizens John Wiser said the streetlight on Countryside Boulevard has not been replaced since issue was reported a month ago. Duke Tieman expressed concerns with information provided to Lake Belleview community regarding the proposed stormwater improvements. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve a substantial chap amendment to lh FY 2008-09 Consolidated Action Ian to receive an additional appropriation of $251,5-49 in funding from, fh American Recovery and inv st ent Act of 2=1 and !,.ithorize the aporooriat officials to execute same. On February 17, 2009, the U.S. Congress authorized funding through the American Recovery and Reinvestment Act of 2009 (Act) to provide additional appropriations to the Community Development Block Grant Program under Title of the Housing and Community Development Act of 1974, as amended. Through this appropriation, the City of Clearwater, Florida will receive additional funding from the FY 2008-2009 Community Development Block Grant Program-Recovery (CDBG-R). The main purpose of the funds is to maximize job creation and provide economic benefits by preserving and creating jobs and promoting economic recovery; assisting those most impacted by the recession; providing investment needed to economic efficiency; investing in transportation, environmental protection, or other infrastructure that will provide long-term benefits; minimizing or avoiding reductions in essential services; or fostering energy independence. To meet these mandates, we are recommending funding for the following projects: * General Program Administration - Provide funding in the amount of $25,154 for administration costs to implement the program. * East Gateway District Fagade and Building Lot Improvement Program - Provide funding in the amount of $80,000 for loans to for-profit business owners to improve the building facades of their buildings in the East Gateway Neighborhood Revitalization Strategy Area. Item # 3 Council 2009-06-04 2 Attachment number 1 Page 3 of 22 * East Gateway Sidewalk Improvement Project - Provide funding in the amount of $146,395 to install or improve the sidewalks in the East Gateway Neighborhood Revitalization Strategy Area. The Act further requires the funds to be committed to projects by November 20, 2009 and expended by September 30, 2012. Placing emphasis on projects in the East Gateway Neighborhood Revitalization Strategy Area allows to city to meet the obligation outlined in the recently adopted strategic plan and show HUD the city's commitment to revitalizing the area. It will also allow the city to meet the commitment timeline mandate. A third quarter budget amendment will establish three projects to recognize the HUD grant. Councilmember George N. Cretekos moved to approve a substantial change amendment to the City's FY 2008-09 Consolidated Action Plan to receive an additional appropriation of $251,549 in funding from the American Recovery and Reinvestment Act of 2009 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.2 Amend Article VII Solid "Nasto anag nt, eetion 32.2 11 through 32.322, Amend Appendix A, Sci ?; dul off s, rates, and char es, Articl Public Works-fees rates and charges, section; (3)(e} Solid Waste collection rates through Solid Waste oll-off container or waste receptacle s rvic (5)(b)(ii)(7), and Dass Ordinance 8025-09 on first 'eadina. The following amendments are being proposed in addition to the amendments discussed with Council previously and outlined below. 1) add definitions for commercial waste and industrial waste, 2) rename "construction debris" to "construction or demolition debris" and update definition that vegetative matter is not considered construction or demolition debris, 3) add language to Section 32.288 to allow sole proprietors or corporate entities to obtain permits to collect or haul refuse within the city limits, provided they use trailers or other similar rubber tire vehicles with capacities no larger than fifteen (15) cubic yards. The following amendments were discussed previously with Council: The proposed amendments to this Ordinance and Appendix A include the recommendation for exclusivity for the City's roll-off operation and various wording changes meant to clarify, update, or strengthen the current Ordinance and Appendix. Article VII, Solid Waste Management Item # 3 Council 2009-06-04 3 Attachment number 1 Page 4 of 22 Update Language and added definitions Solid Waste to Solid Waste/General Services Solid Waste Director to Solid Waste/General Services Director City Commission to City Council Definitions added: - Containerized service: collection of solid waste or recyclables in city-approved containers. - Contamination: when more than de minimis non-recyclable items are included with recyclables, or two or more types of recyclables are commingled. - Eviction or move-out refuse: refuse left for collection resulting from an eviction or move-out. - E-waste: inoperative or discarded electronic components. - Late payment: means any payment remitted after the required due date. - Recovered materials dealer: person or entity who handles, purchases, receives, recovers, sells, or is an end-user of recovered materials. - Roll-off container: large capacity container used for commercial, industrial service, or special purposes, including but not limited to, containers with capacities between (10) and (40) cubic yards and which is transported with its contents to a solid waste disposal site. - Servicing: interaction with Solid Waste/General Services with regards to installing, cleaning, deodorizing, pulling, removing, or repairing damage to waste receptacles. - Waste receptacle: vehicle or container used to collect, transfer or haul solid waste or construction debris. Strengthen Enforcement Capabilities - Language added to Sec. 32.276 that designated solid waste personnel have the "authority to exercise limited police powers to enforce provisions of this chapter." Appendix A, Schedule of fees, rates and charges Establish Rates Solid Waste curbside collection rates for customers outside the city limits (Agreements To Annex) - add a 125% monthly surcharge to provide curbside service to accounts outside city limits. Dumpster cleaning charges of $100 per receptacle after two free cleanings per Item # 3 Council 2009-06-04 4 Attachment number 1 Page 5 of 22 year. Annual maximum of yard waste per dwelling - four complimentary pick ups beyond the once-weekly yard waste collection per 12-month period not to exceed 40 cubic yards in the 12-month period. Exclusivity for Roll-Off Operations The provision of roll-off and compactor service in the City of Clearwater is currently open to all private roll-off haulers and the City's Solid Waste Department. Exclusivity would prohibit private haulers from doing roll-off business within the City limits. This recommendation is based on the following: - Revenue Opportunity: Current City roll-off operation has the capacity to absorb additional business without adding full-time equivalent positions (FTEs) or equipment. - Savings: Staff costs and hours necessary (approximately 1,200 hours) to enforce collection of the 15% franchise fee from private haulers. - Customer Service: Continue high level of customer service (service same day or next, deodorize and clean containers, etc.) - Efficiency: Area of operation within the City limits allows for a short turn-around to service. - Location: Transfer Station is centrally located with the City and has the capacity to for additional refuse. There are eight FTEs assigned to the roll-off operation. The operation also includes six roll-off trucks providing service five days a week. Vice-Mayor Paul Gibson moved to amend Article VII, Solid Waste Management, Section 32.271 through 32.322, Amend Appendix A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-off container or waste receptacle service(5)(b)(ii)(7). The motion was duly seconded and carried unanimously. Ordinance 8025-09 was presented for first reading and read by title only. Councilmember Carlen Petersen moved to pass Ordinance 8025-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. 8. Second Readings - Public Hearing Item # 3 Council 2009-06-04 5 Attachment number 1 Page 6 of 22 One individual spoke in opposition. Planning Director Michael Delk said the staff report acknowledges the `F' Level of Service rating. The item before Council is to correct an error that occurred a decade ago. Engineering Director Mike Quillen said plans include upgrading the intersection at Pinellas Street and Fort Harrison Avenue. Staff is working with the hospital' regarding funding. Hospital representative Mark Marquardt said items before Council is to make all zoning within hospital campus consistent. Ordinance 8023-09 was presented for second reading and read by title only. Councilmember John Doran moved to adopt Ordinance 8023-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. One individual spoke in opposition. It was stated that these ordinances were approved a decade ago and the City failed to send them to DCA (Department of Community Affairs). Any concerns will be addressed in the future. Item # 3 Council 2009-06-04 6 Attachment number 1 Page 7 of 22 Ordinance 8024-09 was presented for second reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8024-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.3 Adopt Ordinance No. 8028-09 on second r adinq, akin arrlendm nts to the Community Development Code to further the consist nuy between the Community Development Cod and th City°s Co. pr h nsiv rOlan b?< i pl ntin_ public school concurr nc Ordinance 8028-09 was presented for second reading and read by title only. Vice- Mayor Paul Gibson moved to adopt Ordinance 8028-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.4 Adopt rdinanc No. 8042-09 on second r adinq, making gim nd nts to the sidevvalk of outdoor caTe sectior9s of the Communitv Develuoment Code. Ordinance 8042-09 was presented for second reading and read by title only. Councilmember Carlen Petersen moved to adopt Ordinance 8042-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.5 Adopt rdinanc No. 8050-09 on second reading, annexing c rtain r al prop rty vvhos& post office jddress is 1935 I Coachman oa 9 into the corporate limits )f the cis ° and r ;defining the bounds lines of the city to include said addition. Ordinance 8050-09 was presented for second reading and read by title only. Councilmember John Doran moved to adopt Ordinance 8050-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Item # 3 Council 2009-06-04 7 Attachment number 1 Page 8 of 22 "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.6 Adopt Ordinance No. 8051-09 on second r adinq, arnen in th suture lan ,us element of the Co pr h nsiv Ian of th clt to desiur th 1,nd ?,-,e for certain r al prop sty whoa post office addr ss is °i 905 OkL; Coach -Lan 'r`ead, upon annexation into th City of CI a at r, as siclential Loy,, L . Ordinance 8051-09 was presented for second reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8051-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.7 Adopt Ordinance NIA:). 805 -0?,' on second r adinq, arnendin j the Zoning Atlas of the cite by zoning c rtain real yop rty whoa pc,st office address is 1935 Id Coachman Roadt upon arrr?exatior9 into the City of Clearwater, as Low Medium I?er7sity esidential L Ordinance 8052-09 was presented for second reading and read by title only. Vice-Mayor Paul Gibson moved to adopt Ordinance 8052-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.8 Adopt Ordinance No. 8053-09 on second r a in , ann xin certain real property whoa post oice address is 3012 Glen a Avenue North_, together with the abutting ri, ht-of-way of Glen a Avenue North, into the corporate li its of the Item # 3 Council 2009-06-04 8 Attachment number 1 Page 9 of 22 city and redefining the bounds lines of the city to includ said addition. Ordinance 8053-09 was presented for second reading and read by title only. Councilmember Carlen Petersen moved to adopt Ordinance 8053-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.9 A oot Ordinance No. 8054-09 on second r a in . an)endino the fu-Lure land use element of the Co pr h nsiv Ian of the city to d si nat the land U3 for certain real property whose post office address is K 12 Glen Oats Avenu,,l North, together with the abutting right-of-way of Clen Oak Avenue North, upon annexation into the City of CI a at r, s Residential Low ? . Ordinance 8054-09 was presented for second reading and read by title only. Councilmember John Doran moved to adopt Ordinance 8054-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.10 A oot Ordinance k,8055- on second ea in . a n in the onin Atlas of the city by zoning c r'rain real property whoa post office address is 3012 Glen a Avenue orth for etP7er with th auttin. ri ht-of-way of I n a Avenue orth, upon ann xation into the City of Clearwater, as Low e iu nsity Residential (LMDR 1. Ordinance 8055-09 was presented for second reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8055-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. Item # 3 Council 2009-06-04 9 Attachment number 1 Page 10 of 22 "Nays": None. 8.11 Adopt Ordinance No. 8056-09 on second r adinq, anne]cin certain real pro rt whose most office addr ss is 1 oss Av nu , into the c?e limits or th city and redefining the boundary lines of the city to include ::aid addition. Ordinance 8056-09 was presented for second reading and read by title only. Vice-Mayor Paul Gibson moved to adopt Ordinance 8056-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.12 Adopt Ordinance No. 8057-09 on second r < 2inc , a ndinc the future land use element of the Comprehensive Flan of the cite to designate the and use for certain real orooerty wh()se r?ost office address is 918 Moss Avanue. uoon annexation into the City of Ci a at r, as esidential V/ ?RL . Ordinance 8057-09 was presented for second reading and read by title only. Councilmember Carlen Petersen moved to adopt Ordinance 8057-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.13 Adopt Ordi? -; Ice No. 8058-09 on second r adinq. a n in the onin Atlas of the cit - by ?ortirtt certain r al prop rty whoa post office address is 1 Moss Av nue, upon 'annexation into the City of Clearwater, as Lo Medium DgDsity Residential (LMDR). Item # 3 Council 2009-06-04 10 Attachment number 1 Page 11 of 22 Ordinance 8058-09 was presented for second reading and read by title only. Councilmember John Doran moved to adopt Ordinance 8058-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.14 Adopt Ordinance No. 8062-09 on second reading, annexing certain i eal property whoa post o is address is 1831 y rly Circle North, into the corporate limits of th city and red fining the boundary lin s of the city to include said addition. Ordinance 8062-09 was presented for second reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8062-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.15 A oot Ordinance No. 8063-09 on aeeond rea in . a n in the future land use element of the Con`prehensiv Plan of the it to si, nat the land us for certain r al prop rty %,%lhose post office address is 1831 Beverly Circle North, upon annexation into the Ciiy of I a at r, as aid ntial Low ?. Ordinance 8063-09 was presented for second reading and read by title only. Vice-Mayor Paul Gibson moved to adopt Ordinance 8063-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. Item # 3 Council 2009-06-04 11 Attachment number 1 Page 12 of 22 8.16 Adopt Ordinance No. 8064-09 on second reading, amending the Zoning Atlas of the cit y zoning certain real property office _address is 1 g ®3 v rl Circle North, upon annex tion into the City of CI a titer as L ovt.i Del ;;pity aid ntial Ordinance 8064-09 was presented for second reading and read by title only. Councilmember Carlen Petersen moved to adopt Ordinance 8064-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.17 Adopt Ordinance No. 80657-09 on secon? r < _sing, annexing ceriain r ;al prop rtv whose post office address is 1,927 Summit Drive, into the corporate limits of the city and red finin the b >>unda lines of the citl to include said addition. Ordinance 8065-09 was presented for second reading and read by title only. Councilmember John Doran moved to adopt Ordinance 8065-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.18 Adopt .& Iinanc a No. 8066-09 on second read ing, a n ing the future land use lerrlent oi ?" -a Corner h nsiv Ian of the city to designate the land use for certain real orooer'Lv whoa oost office address is 1927 Summit Drive. uoon annexation into ih C_it of CI a at r, as Residential Low ). Ordinance 8066-09 was presented for second reading and read by title only. Item # 3 Council 2009-06-04 12 Attachment number 1 Page 13 of 22 Councilmember George N. Cretekos moved to adopt Ordinance 8066-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.19 A oot Ordinance No. 8067-09 on second r a in . amending the onin Atlas of the city y zoning certain real property Whose post office ,:address is 1927 u r Jt Drive, upon ann xation into the City of CI a at r, as Low Kn'adiurn Q-nsit si ntial ( ). Ordinance 8067-09 was presented for second reading and read by title only. Vice-Mayor Paul Gibson moved to adopt Ordinance 8067-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.20 Continue end Leading of Ordinance 9025-09 to Jun 18, 2009 to a mend Article VII, Solid Waste Management, Section 32.271 through 32.322, Amend Appendix A Schedule of fens, ratesg and charges,4rticle XXV Public V1/orks-fees rates and charges, s ction; (3)(c) Solid Waste collection rates through Solid Waste Roll- off container or waste receptacle s rvice()(ii)(7. Councilmember Carlen Petersen moved to continue second reading of Ordinance 8025- 09 to June 18, 2009. The motion was duly seconded and carried unanimously. City Manager Reports 9.1 Accept two $200,000 Brownfields assessment grants funded through the US Environmental Protection Agency (EPA) and authorize the appropriate officials to Item # 3 Council 2009-06-04 13 Attachment number 1 Page 14 of 22 execute same. (consent) 9.2 Approve waiver of existing City liens in the amount of $16,863.11 associated with the demolition and lot clearing that occurred in 1995 and 1996 for the properties located at 1007 and 1009 LaSalle Street. (Legal description: GREENWOOD MANOR, LOT 9 and 10). Owner: Mt. Carmel Community Development Corporation of Clearwater, Inc., 1014 Pennsylvania Avenue, Clearwater, Florida. consent 9.3 Reappoint Mr. Rick G. Stucker to a two-year term as a Trustee of the Clearwater Firefighters Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) 9.4 Approve a blanket purchase order contract to Smith Fence of Clearwater. Florida. in the amount of $150,000 for the purchase and installation of fencing at various protects throughout the City during the contract period May 22, 2009 through May 21, 2010, in accordance with Sec. 2.564 (1)(d), Code of Ordinances Pinellas County Purchasing Cooperative Bid #089-0148-13 (SS), and authorize appropriate officials to execute same. (consent) 9.5 Approve extension of agreements for contractual services related to Clearwater's Human Trafficking Immersion Training Protect to the end date of the grant period and approve a new agreement with Directions for Mental Health, Inc. and authorize the appropriate officials to execute same. (consent) 9.6 Appoint Mary Van Weezel to the Library Advisory Board with the term to expire June 30, 2013. 9.7 Authorize additional funds to Bricklemyer Smolker & Bolves, P.A., for continued representation of the City in several inverse condemnation litigation cases arising from the construction related to the Beachwalk Protect, in the amount of $100,000. (consent) Councilmember John Doran moved to approve the Consent Agenda and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10. Other Items on City Manager Reports 10.1 Approv a 5-year vocal License Agreement from July 1, 2 through Jun 30. 2014. between the City of Clearwater and Sunsets at Pier 60 oci tv. Inc. to Item # 3 Council 2009-06-04 14 Attachment number 1 Page 15 of 22 provid a nightly festival at Pier 6 ark to pro of tourism to Clearwater and Clearwater Beach and authorize the appropriate officials to execute same. Sunsets at Pier 60 Society, Inc. (Agency), entered into a trial agreement with the City on March 2, 1995 to provide the nightly festival known as "Sunsets at Pier 60". The event met with great success and the Agency has been providing the festival for the past 13 years. The original agreement with the Agency is outdated and a new formal agreement is needed to protect the interest of the City as well as the Agency. Weather permitting the Agency will be responsible to provide a nightly Festival at Pier 60 Park from 2 hours before sunset until 2 hours after sunset. The Festival may include activities such as arts and crafts vendors, music, concerts, dance, entertainers and special events and activities. The new agreement spells out the appropriate uses of Pier 60 and Pier 60 Park as well as the maintenance and insurance requirements of the Agency. One of the new requirements is to prohibit as a part of the Festival all animal acts. This was necessary due to the additional management and liability issues necessary to continue these acts. The City will provide the following funding and in-kind services: An operational grant of $23,870 has been provided for FY 2008/09. Grants for future years are subject to annual budget approval by the City Council. Parks & Recreation Department is recommending a 10% reduction in this grant for FY 2009/10 by $2,390 to $21,480, from the parking fund. Beach, lawn and landscape maintenance for all areas on and around Pier 60 and Pier 60 Park. Maintenance for all major capital components of Pier 60 and Pier 60 Park. Use of existing furnishings on site, i.e. chairs, tables, PA system etc. In response to questions, Parks & Recreation Director Kevin Dunbar said no alcohol is served by vendors. No complaints have been made regarding "Tequila" the parrot. Individuals have expressed concerns regarding the welfare of a performing monkey. Mr. Dunbar said staff has dedicated 40-50 hours addressing concerns re performing animals. Two individuals opposed disallowing animals at events. It was stated that is was in Council's discretion to allow, or not, domesticated animals at events. Discussion ensued regarding performing animals. It was suggested that subsection 2 regarding prohibited animal acts be deleted from the agreement. Councilmember George N. Cretekos moved to approve Item 10.1 as amended, by deleting Subsection 2 from the agreement. The motion was duly seconded. Upon the vote being taken, Councilmembers Cretekos, Petersen, Vice-Mayor Gibson and Mayor Hibbard voted "Aye" and Councilmember Doran voted "Nay." Item # 3 Council 2009-06-04 15 Attachment number 1 Page 16 of 22 Motion carried. 10.2 A rov a n ing action 22.2 ?2? of the City of ClealAhlat r Code o? Ordinances to chap the hours of op ration for Mandalay ark from Cjos frorn 11;0_ until 6:00 a.m. to Closed from Sunset until Sunrise and .pass Ordnance 80? 9-09 on first reading. On February 3, 2005, Ordinance 7376-05 was approved at second reading to 1) regulate hours of operation for parks; 2) prohibit trespassing on parks; and 3) allow the posting of a sign to inform the public of said hours. Ordinance 7376-05 amended Section 22.24 by adding the hours of operation for each City park in the Code of Ordinances; requiring at least one prominently posted sign be installed at each park stating the hours of operation; and providing an exception to the closing hours which would allow a permit to be issued by the Department or the City Manger. The Ordinance provided a tool that City law enforcement officers use to more effectively patrol City parks and enforce the hours of operation at each park. It reduced the number of persons trespassing on park property after closing hours and reduces some of the vandalism that occurs during these times. This requested hours change was provided from the Police Department after numerous after hour problems. Mandalay Park is now open until 11:00 p.m., but does not have lighting and due to tree cover, is completely dark. Due to these conditions, it is becoming an area for illicit activity. Ordinance 8069-09 changes the hours that Mandalay Park is to be closed from sunset until sunrise, to deter the illicit activity at the park. Vice-Mayor Paul Gibson moved to approve amending Section 22.24(2) of the City of Clearwater Code of Ordinances to change the hours of operation for Mandalay Park from "Closed from 11:00 p.m. until 6:00 a.m." to Closed from Sunset until Sunrise." The motion was duly seconded and carried unanimously. Ordinance 8069-09 was presented for first reading and read by title only. Councilmember Carlen Petersen moved to pass Ordinance 8069-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 10.3 Approve a 1-y ar artn rship and perational Support Agreement fro October Item # 3 Council 2009-06-04 16 Attachment number 1 Page 17 of 22 1, 2009 through September 30, 2010, between the City of Clearwater and Clearwater Horseshoe Club CI a at r Lawn Bowls Club and Clearwater Shuffleboard Club (Clubs), for the use and sup rvision of certain City owned buildings and faciliti s and authorize the aroriat officials to & -cut same. The Clearwater Lawn Bowls and Shuffleboard Clubs have been active in Clearwater for over 50 years currently operating out of the Complex at the corner of Alternate19 and Calumet Street; while the Horseshoe Club has offered programs at Ed Wright Park for over 30 years. All three of these adult groups continue to provide recreational opportunities to the citizens of Clearwater in their specific specialty i.e. Lawn Bowls, Shuffleboard and Horseshoes. In addition to offering open sessions, providing lessons, conducting tournaments and providing social activities for their participants they have provided the supervision and general maintenance of the buildings and facilities assigned to each group. Currently, each group signs an annual co-sponsor agreement for the use of the facilities and programming of same. The template for these agreements was approved by the Council and were originally designed to cover primarily the youth groups operating in Clearwater. Staff has recognized that these adult groups contribute in ways different than the youth groups primarily in the area of supervising and maintaining a building owned by the City of Clearwater. All other agencies managing public facilities are required to enter into a separate partnership and operational support agreement. Therefore, staff is recommending that the City enter into separate agreements with the Lawn Bowls Club, Shuffleboard Club and Horseshoe Club. The agreements with each group are similar with the only change being what services each provides and the person(s) entering into the agreements. The groups' primary mission is to provide programs including supervision and maintenance to meet the recreational needs of the public including the residents of Clearwater. The City will continue to provide maintenance of the grounds, and provide capital building and maintenance service to the buildings. In turn, these groups will not be required to meet the resident/non-resident card requirements. If the Council approves these agreements there will be an annual net savings of $58,810 to the general fund budget. Each group is required to provide an annual report of activities consisting of the number of clients served, costs of such service, commentary on the viability, effectiveness, and trends affecting the program and success of same. Item # 3 Council 2009-06-04 17 Attachment number 1 Page 18 of 22 Parks and Recreation Director Kevin Dunbar said the City provides landscaping, infrastructure maintenance and utilities. The groups will be responsible for cleaning interior. Four individuals expressed concerns with the Lawn Bowls organization's ability to meet funding requirements. Discussion ensued. Concerns were expressed regarding impact budget cuts in Parks & Recreation will have to bolstering local tourism. Councilmember George N. Cretekos moved to approve a 1-year Partnership and Operational Support Agreement from October 1, 2009 through September 30, 2010, between the City of Clearwater and Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and Clearwater Shuffleboard Club (Clubs), for the use and supervision of certain City owned buildings and facilities and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11. City Attorney Reports 11.1 Approv a ndinq action ?- ';ode of C.dinan , s, to re iii-e the I ashinq of dogs located at specific areas on Clearwater Beach and reOUiring the removal of pet west and pass Card-ianca 8074-09 on first re in . On Clearwater Beach, dogs are prohibited on the public bathing beach, which is bounded on the north by Somerset Street, however, dogs are not prohibited on the sandy beach or swimming areas abutting the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach. The City Council heard evidence at its meeting on May 7, 2009, from the Clearwater Audubon that dogs have an adverse affect on the nesting of shore birds. The City Council also heard the testimony from dog owners who own property on the northern portion of Clearwater Beach and who have used the sandy beach as a recreation area for themselves and their dogs. The City Council has determined that a balance can be achieved between the protection of shore birds and the use of the sandy beach by dog owners if dogs are required to be restrained and on adequate leashes when the dogs are on the sandy beach or in the swimming areas abutting the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach. The City Council has also determined that the health, safety, and welfare of individuals is enhanced when pet owners or those in charge of the pet are required to remove all feces deposited by such animal on the sandy beach . Four individuals spoke in support. Item # 3 Council 2009-06-04 18 Attachment number 1 Page 19 of 22 Councilmember John Doran moved to approve amending Section 22.40, Code of Ordinances, to require the leashing of dogs located at specific areas on Clearwater Beach and requiring the removal of pet waste. The motion was duly seconded and carried unanimously. Ordinance 8074-09 was presented for first reading and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8074-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. One individual questioned penalty for violation. It was stated that violators would receive a notice to appear in county court and can be fined. Vice-Mayor Paul Gibson moved to approve amending Subsection (2)(a) of Section 17.06, Code of Ordinances, relating to fireworks displays, to prohibit the issuance of permits on specified areas of Clearwater Beach during specified times The motion was duly seconded and carried unanimously. Ordinance 8075-09 was presented for first reading and read by title only. Item # 3 Council 2009-06-04 19 Attachment number 1 Page 20 of 22 Councilmember Carlen Petersen moved to pass Ordinance 8075-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 12. City Manager Verbal Reports 12.1 City ana r Verbal ports Boat Slips Update Assistant City Manager Rod Irwin said Pinellas County approved the application and construction is scheduled to begin in July. The project should be completed by December. It will take 30-45 days to construct sea wall. 13. Council Discussion Items 13.1 Well Field xpar?sion Project Engineering Manager Rob Fahey provided an overview of the project. The well field expansion project has been reviewed and permitted by both the Southwest Florida Water Management District (SWFWMD) and the Florida Department of Environmental Protection (FDEP). Site selection process had to meet all codes and standards. Wells are spaced throughout Clearwater to avoid over-pumping in one area. Mr. Fahey said 30% of the water supply is produced locally and the remaining 70% is purchased from Pinellas County. In response to questions, Mr. Fahey said the city's current water use permit is 6.25 mgd but the city is not pumping that much. The intent of the well field expansion is to get to the 6.25 mgd and fully utilize the Reverse Osmosis Plant. The permit requires the city to monitor water quality for sulfates and chlorides and provide SWFWMD with monthly and annual reports. The monitoring wells check the Surficial and Floridan aquifer water qualities. The surficial aquifer is not as pure as the floridan and provides irrigation water through shallow wells. The floridan is a deep aquifer that provides drinking water. Professional geologist Dave Wiley reviewed his credentials and work Item # 3 Council 2009-06-04 20 Attachment number 1 Page 21 of 22 experience in the area. The clay layer found in the Clearwater area is thick and consistent throughout. The clay layer acts as a protective barrier between the surficial and floridan aquifers. Mr. Wiley said it was good practice to spread wells throughout an area and alternate which wells are pumped. Each well must meet criteria before going online and determining amount of water to be pumped. Finance Director Margie Simmons said if the well field expansion does not occur and rates not increased, the city will deplete reserves. The city can produce the water much cheaper than purchasing water from Pinellas County. Pumping up to 10 mgd would result in a $3.5 million savings in 2014. Three individuals spoke in opposition. Two individuals supported well field expansion, with one expressing concerns with sinkholes. Discussion ensued. It was stated that SWFWMD has a mitigation program in place to address citizens concerns. Consensus was to hold a neighborhood meeting in the Northwood West area. 13.2 Alcohol any! Concessions on Sand v ark - Councilmenib r Cr t kos Councilmember George N, Cretekos said Pinellas County is considering allowing the sale of alcohol on Sand Key Park. Discussion ensued. Consensus was to oppose efforts allowing the sale of alcohol on Sand Key Park. 14. Other Council Action 14.1 Other Coll " Action Councilmembers reported on events in which they recently participated and reviewed upcoming events. Item # 3 Council 2009-06-04 21 Attachment number 1 Page 22 of 22 Mayor Hibbard expressed condolences to survivors of Glen Walthritch and Judge Owen Albritton. r The meeting adjourned at 9:49 p.m. Mayor City of Clearwater Attest City Clerk Item # 3 Council 2009-06-04 22 ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve increasing Penny for Pinellas funding of the Beach Connector Trail project to $607,226.49 by transferring $319,417.77 of Penny for Pinellas funds from the Druid Road Improvements project to the Beach Connector Trail project. SUMMARY: This project provides for the construction of the Beach Connector Trail and related amenities at the amount of $1,120,732.27, of which $319,417.77 will be funded from Penny for Pinellas funds. The balance of the construction contract is provided by a grant from the Florida Department of Transportation. The design and easements for this project had been previously provided from Penny for Pinellas funds, bringing the total funding from Penny for Pinellas to $607,226.49. The transfer of Penny for Pinellas funds in the amount of $319,417.77from the Druid Road Improvements project will provide the funding necessary for the construction. Review 1) Engineering 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 1 CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COUNCIL MEETING Thursday, June 18, 2009 6:00 p.m. A public hearing will be held by the City of Clearwater, in City Council Chambers, in City Hall, 3?d floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the use of Penny for Pinellas funding for the following project: Beach Connector Trail - This project provides for the construction of the Beach Connector Trail and related amenities at the amount of $1,120,732.27, of which $319,417.77 will be funded from Penny for Pinellas funds. The balance of the construction contract is provided by a grant from the Florida Department of Transportation. The design and easements for this project had been previously provided from Penny for Pinellas funds, bringing the total funding from Penny for Pinellas to $607,226.49. The transfer of Penny for Pinellas funds in the amount of $319,417.77 from the Druid Road Improvements project will provide the funding necessary for the construction. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Council, with respect to any matter considered at such hearing, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. All individuals speaking on public hearing items will be sworn in. Cynthia E. Goudeau, MMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. Ad: 6/10/09 Item # 4 City Council Agenda Council Chambers - City Hall Meeting Date:6/18/2009 SUBJECT / RECOMMENDATION: Approve the applicant's request to vacate a portion of a 10-foot sewer easement located on the applicant's property, (1884 N. Betty Lane),as more particularly described in the ordinance, subject to conditions of approval, and pass Ordinance 8061-09 on first reading, (VAC2009-01 Habitat for Humanity of Pinellas County, Inc.). SUMMARY: The applicant, Habitat for Humanity of Pinellas County, Inc., is proposing to redevelop an 8.89-acre site into a 51 lot single-family subdivision. The subject easement portion lies in the front part of two of the proposed lots and the applicant is seeking the vacation of an approximately 100-foot long portion of a 10-foot sewer easement to facilitate the construction of new homes on the lots. A replacement easement is being provided on the plat of Stevens Creek Subdivision. The Community Development Board on May 19, 2009, approved the preliminary plat (PLT2009-00001) and a related Flexible Development application (FLD2009-03012). The applicant will relocate the sanitary sewer pipe into the new easement with the applicant bearing the sole cost of the relocation. Because the easement was deeded exclusively to the City to provide for the maintenance of the City's existing sewer main the applicant was not required to obtain letters of no objection from the private utility companies. The Engineering Department supports the vacation request provided the request is conditioned to require the vacation to be null and void if the applicant does not 1) dedicate a replacement easement to the City of Clearwater and 2) at the property owner's sole expense relocate the sanitary sewer line from the existing easement to the replacement easement in accordance with all applicable City of Clearwater Engineering Department construction requirements within one-year of the date of adoption of the ordinance. Type: Other Current Year Budget?: None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: to Review Approval: 1) Planning 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8061-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF THE TEN-FOOT SEWER EASEMENT LYING FIVE-FEET ON EITHER SIDE OF A PORTION OF PROPERTY IN SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST, ON THE WEST SIDE OF PINELAND DRIVE AND SOUTH OF SUNSET POINT ROAD; PROVIDING AN EFFECTIVE DATE. WHEREAS, Habitat for Humanity of Pinellas County, owner of real property located in the City of Clearwater, has requested that the City vacate the sewer easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Vacate a portion of the 10-foot sewer easement recorded in Official Records Book 5415, pages 188 - 191 of the Public Records of Pinellas County, Florida, lying 5-feet either side of the following described centerline being a portion of the west'/ of the southeast Y4 of Section 3, Township 29 south, Range 15 east, City of Clearwater, Pinellas County, Florida, more fully described as follows: Commence at the southeast corner of said Section 3 for a Point of Reference; thence along the east line of said Section 3, N.00008'18"W., 858 feet; thence N.89036'07"W., 1362.75-feet; thence N.89038'53"W., 603.06 feet to the east right-of-way line of Pineland Drive (60 foot right-of-way); thence along said east right-of-way line, N.00011'44"W., 1061.26 feet; thence S89°12' 39"E7 99.00 feet; thence N.01 °41'25"E., 58.50 feet to the Point of Beginning: thence N.01 °41'25"E., 16.64 feet; thence N.00004'10"W.7 92.76 feet; thence N.81050'39"E., 30.00 feet to the point of term inus, is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Except that this vacation shall be null and void if the owner of the property does not 1) dedicate a replacement easement to the City of Clearwater and 2) at the property owner's sole expense relocate the sanitary sewer line from the existing easement to the replacement easement in accordance with all applicable City of Clearwater Engineering Department construction requirements within one-year of the date of adoption of this ordinance. Ordinance No. 8061-09 Item # 5 Attachment number 1 Page 2 of 2 Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Camilo A. Soto Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 8061-09 Item # 5 Attachment number 2 f':?cc ^. of ^. W Q MARINE ST Starboard D a[1 m O U a COMMODORE ST PORT ST ST LGRANADA ST DR IVA ST SEDEEVA v m Q Q U SUNSET I PALM ST F BERMUDA ST W IDLEWILD D'0C:D V:1 WOODLAWN o SEDEEVA CIR N Q? CIR S BERTLAND O STATE ALOHA O w O Z 00 SHERIDAN U_ z O Q ?O = U ? PO INT RD CR-576 1e O w Z O m [if F W Z z i O D- t U P VIST, ? 0 W Q 0 o g o Q n eO,Q 1. O ST O O z x Z LLJU ? p 7 T BECKET Q ¢ E2 BECKETT ST w ST o GRANT F ST z ~ ST p CARLTON E- Q RUSSELL TANGERINE 0 ? F-1 t WAY C) J Q Z J _ Cn CAROLYN CLAIRE N;DR EASEMENT ST J W z J ? W Q W ARB ELIA W ST Z W W w ' D Q ? Q ? ? RiH W DR Q w Q Bown D V m w ? ? 2 d RiJ J IY a x Q o_ U TERR RD OVERLEA J SUBJECT I U) ? O of J U) SANDY LA MARY L RD TERRACE RD FAIR PARKWOOD ST WOODBINE ST w SPRINGDALE 0 ST DR BYR gtRp,M RD ? ? Highland Z U Cir Q Y m Z WILSON RD = ERIE C SUNSET SPRING LA m THAMES LA p W m o JOEL LA K U ?D BENTLEY O OTTEN ST GREE z HEAVEN O CAROLYN SENT LA W ? SANDY SAN LL LLI 00 DO ? ?E CIRCLE FAIRMONT ST } Q PARKWOOD Q x O WOODBINE Q SPRINGDALE (If 100S . Myrtle Ave, Clearwater, FL 33756 em # 5 ST Clear ater HABITAT FOR HUMANITY N w OF W E ? Prepared by: Engineering Department P I N E L LAS COUNTY INC. Geographic Technology Division , S Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: SF Reviewed By: SD Date: 5/20/2009 Grid #: 2606 S-T-R: 03-29s-15e Scale: 1"=800' vrvuw. MyC learwater. com ? I h i I t Attachment niimhPr 3 Fja ,- 1 -f Attachment number 3 P ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the applicants request to vacate a portion of Turner Street right-of-way adjacent to property located at 600 S. Missouri Avenue, more particularly described in the ordinance, and pass Ordinance 8076-09 on first reading, (VAC2009-02 Ruth B. Marks Revocable Trust). SUMMARY: The applicant is seeking the vacation in order to be allowed to rehabilitate the existing parking lot that encroaches approximately 5-feet into Turner Street right-of-way. The approximately eleven foot wide right-of-way subject of this request was deeded to the City in 1957 and was granted in addition to the 60-foot right-of-way of Turner Street that was dedicated by the Plat of Turner Street Groves in 1926. Bright House Networks has no facilities within the subject right-of-way and has no objections to the vacation request. Progress Energy, Verizon and Knology have facilities in the subject right-of-way but have no objections to the vacation request provided that a utility easement is retained over the full width of the right-of-way to be vacated. The City of Clearwater has a 6-inch water main in the subject right-of-way in addition to an existing public sidewalk that extends up to 5-feet into the north side of the subject right-of-way. The Engineering Department contemplates no future need of the subject right-of-way for street or curbing improvements. The Engineering Department has no objections to the vacation if a utility easement is retained over the full width of the right-of- way proposed to be vacated and a 5-foot sidewalk easement is retained over the northerly 5-feet thereof. Review Approval: 1) Planning 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 6 Attachment number 1 f':?cc ^. of ^. F-1 ? - o_ GROVE LAURA x ST ? ? ? 00 CLEVELAND ?F? SUBJECT PIERCE EASEMENT ST ? O COURT o SR-60 E PINE ST? ST RCE w t7 z LU w ST O "I, I Browns ??PC? G?'?? GROVE N.E. ST W Q w z O ST L r W x O z z x O U) U) Q g OULD ST BROW ST O US-19 ALT. COURT SR-595 TURNER ST PINE ST S PINE ?z ICI ? ? JASMINE ? WAY ? DR ? Q? LOTUS ? PATH ? ST z GHQ C7 Q ¢?w ?U? W W P > E7 au) F-1 . El 2 TUSKAWILLA ST ? ?Q 0 z s?o? w ?m 2, w 'Q ° w z 0 ¢ o w 0f z w ST z Y W ???Z?m < U } W D C PARK ST w g > PAF LZLI U) LL ? STo W W ? ? m W PIERCE Y U L. ? Evergreen Place ? Q g ?? ? m FRANKLIN CIR w DE LEO L NROSA.., F FRANKLIN ST C TA SAN JI SR-60 C COURT J ROGERS ST L > ? Q ROLE Q z U) w w EE r (P Of ? C z Of w OU w PINE Q LA DRUID RD x W (D W JASMINE U WAY p Q Q JASMI O z _? W Li. mine Ct MAGNOLIA < DR Q of [if 2 LU U) 1-- W LU W (n MAGNOLIA x W LOTUS U) PATH U LOTUS PATH J LOTUS PATH JEFFORDS ST w LLI ? ? ? ? w BARRY LLI ST E 'a > Q g W J TUSCOLA ST x Pinellas ? F U MILTON Q L>LI ST z m w F O J Q m z W U BROWNING CRA88 r r L Cl t L THE N ea wa e , RUTH B MARKS W E . Prepere t t E i i D t t REVOCABLE TRUST epar men ng neer ng epar men Geographic Technology Division S 100S . Myrtle Ave, Clearwater, FL 33756 e m # 6 Ph: (727)5624750, Fax: (727)526-4755 Map Gen By: SF Reviewed By: SD DATE: 5/20/2009 Grid #: 296A S-T-R: 15-29s-15e Scale: 1"=800' www. MyC learwater. com NE??PS d Tskawdla Attachment number 2 Page 1 of 2 i? Attachment number 2 Page 2 of 2 i I I? ? Item # 6 Attachment number 3 Page 1 of 2 ORDINANCE NO. 8076-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING, A PORTION OF TURNER STREET RIGHT-OF-WAY DESCRIBED AS PART OF LOTS 6, 11 AND 12, TURNER STREET GROVES, TOGETHER WITH A PORTION OF A FIFTEEN-FOOT ALLEY, SUBJECT TO A UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF AND A PUBLIC SIDEWALK EASEMENT WHICH IS RETAINED OVER THE NORTHERLY FIVE-FEET THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ruth B. Marks, Trustee owner of real property located in the City of Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said right-of-way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Vacate a portion of Turner Street right-of-way described as part of Lots 6, 11 and 12, Turner Street Groves, together with a portion of a 15-foot alley, according to the map or plat thereof as recorded in the Public Records of Pinellas County, Florida, being more particularly described as follows: Beginning at the northwest corner of said Lot 12; thence run east, along the northerly boundary lines of said Lots 6, 11 and 12, for a distance of 154.96 feet; thence leaving said northerly boundary line of Lot 6, run S.52019'13"E., for a distance of 20.81 feet to a point on the southerly right-of-way line of Turner Street as depicted in Official Records Book 14, Page 357; thence run N.89025'50"W., along said southerly right-of-way line of Turner Street, for a distance of 175.01 feet to a point on the westerly boundary line of said Lot 12; thence run N.00047'40"W., along said westerly boundary line of Lot 12, for a distance of 11.02 feet to the Point of Beginning, is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, except that the City of Clearwater hereby retains a utility easement over the full width of the described property for the installation and maintenance of any and all public utilities thereof and hereby retains a public sidewalk easement over the northerly 5-feet of the described property. Ordinance No. 80fb@0 # 6 Attachment number 3 Page 2 of 2 Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Camilo A. Soto Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 80fb@0 # 6 ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design to August 6, 2009. SUMMARY: ¦ The 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive. ¦ The site is comprised of three parcels, two on the north side of Devon Drive and one on the south side of Devon Drive. The northern portion of the subject property is currently developed with a 22-unit motel at 101 Coronado Drive (Port Vue Motel) and vacant land (formerly a 16-unit motel). The vacant area is presently being used for construction trailers for the Hyatt/Aqualea project (301 S. Gulfview Boulevard). The southern portion of the subject property is currently vacant land (formerly a 15-unit motel), also being used for construction trailers for the Hyatt/Aqualea project. ¦ The proposal is for an overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel at a height of 89 feet (to roof deck) ¦ On May 19, 2009, the Community Development Board (CDB) approved with 13 conditions of approval a Flexible Development application for the construction of a 108-unit hotel with associated amenities (FLD2009-03013). The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of 72 units from the Hotel Density Reserve; Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board reviewed this Development Agreement application at its public hearing on May 19, 2009, and unanimously recommended approval of the application (DVA2009-00001). Cover Memo Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Item # 7 ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Zoning Atlas Amendment from Business (B) District to Tourist (T) District for property located at 1241, 1261, and 1281 Gulf Boulevard consisting of Lot 1, Subdivision of Radisson Bayside Hotel, and Pass Ordinance No. 7909-08 on first reading. SUMMARY: The Circuit Court of the Sixth Judicial Circuit, in its Order and Opinion dated December 1, 2008 in D.A. Bennett Company v. City of Clearwater, Case No. 08-0019AP-88A, reversed and remanded the decision of the City Council denying approval of Ordinance No. 7909-08 to the City Council "to amend the Shoppes zoning district to Tourist" and "for further action consistent with this Order and Opinion." The City's Petition for Writ of Certiorari to the Second District Court of Appeal seeking review of the Circuit Court decision was denied without opinion. Therefore this Ordinance is being agendaed as a remand for first reading. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7909-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTHEAST SIDE OF GULF BOULEVARD APPROXIMATELY 2900 FEET SOUTH OF CLEARWATER PASS BRIDGE CONSISTING OF LOT 1, SUBDIVISION OF RADISSON BAYSIDE HOTEL, WHOSE POST OFFICE ADDRESS IS 1241, 1261 AND 1281 GULF BOULEVARD, FROM BUSINESS (B) TO TOURIST (T); 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) (REZ2007-10001) To: Tourist (T) 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 # 8 Ordinance No. 7909-08 ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8025-09 on second reading, amending Article VII, Solid Waste Management, Sections 32.271 through 32.322, Appendix A., Schedule of Fees, Rates, and Charges, Article XXV, Public Works - Fees, Rates, and Charges, Section (3) (c) Solid Waste Collection Rates through solid waste roll-off container or waste receptacle service (5)(b)(ii)(7), Clearwater Code of Ordinances. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 28 ORDINANCE NO. 8025-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SCHEDULE FOR SOLID WASTE COLLECTION SERVICES; AMENDING ARTICLE VII, SOLID WASTE MANAGEMENT, SECTIONS 32.271 THROUGH 32.322, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, ARTICLE XXV, PUBLIC WORKS-FEES, RATES AND CHARGES, SECTION; (3)(c) SOLID WASTE COLLECTION RATES THROUGH SOLID WASTE ROLL-OFF CONTAINER OR WASTE RECEPTACLE SERVICE (5)(b)(ii)(7), CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is determined to be fair and reasonable to establish fees, rates and service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article VII, Solid Waste Management, Section 32.271 through Section 32.322, Clearwater Code of Ordinances, is hereby amended as follows: DIVISION 1. GENERALLY ********** Sec. 32.2715. Definitions. As used in this chapter: (1) Commercial container means any container approved by the Solid Waste/General Services Department 6o'0Q' e d°p°FtmeRt and serviced by a commercial collection vehicle. (2) Commercial establishment means a property or properties zoned or used for commercial or industrial uses, or used by an entity exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code. The term excludes property or properties zoned or used exclusively for single-family residential or multi family residential uses of four units or less. (3) Compactor means any mechanical hydraulic or electrical machine designed and used specifically for compacting refuse or recyclables. (4) Compacted means refuse 9F gaFbage condensed by a compactor. (5) Construction debris means discarded building materials and rubble including but not limited to earth, cement, brick, wire, cans, flooring materials, lumber, plaster, roofing materials and any other waste resulting from construction, remodeling, repair or demolition of any structure or pavement. Such construction debris may be either commercial or residential in character. Ordinance No. 8025-09 Item # 9 Attachment number 1 Page 2 of 28 (6) Containerized service means collection of solid waste or recyclables in city= approved containers. (7) Contamination means when more than de mininis non-recyclable items (such as trash, food waste, glass, putrescible garbage) are included with recvclables, or when two or more different types of recvclables are commingled in a container intended for one. M{6}Customer means owner, occupant, tenant, or other person having control of the improved real property. (9) Eviction or move-out refuse means any refuse that is left for collection resulting from an eviction or a move-out. (10) E-Waste means inoperative or discarded electronic equipment including, but not limited to televisions, computer CPUs, monitors and peripherals, and handheld and desktop telecommunications equipment. L11 I{ 4 Hazardous material means material which is radioactive, volatile, flammable, explosive, infectious, toxic or otherwise hazardous, including but not limited to material designated as hazardous in any Federal, Florida, Pinellas County, or Clearwater she law or ordinance; also that waste which is determined to be hazardous by the United States Environmental Protection Agency, or any other federal agency. (12) Late payment means any payment remitted after the required due date. (13)(8}Materials recovery facility means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. f141{g}Putrescible waste garbage means household or commercial solid waste that will putrefy. (15)494 Recovered materials means metal, fiber, gaper, glass, plastic, textile or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source-separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials are not solid waste. L16144} Recovered materials dealer means any person or entity who handles, purchases, receives, recovers, sells, or is an end-user of recovered materials. L171424 Recovered materials processing facility means a facility engaged solely in the receiving, storage, processing, resale or reuse of recovered materials. Such a facility is not a solid waste management facility if it meets the definitions of section 403.7045(l)(f), Florida Statutes. f181424 Recyclable means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. Ordinance No. 8025-09 2 Item # 9 Attachment number 1 Page 3 of 28 L19144} Recycling means the collection, processing, marketing, reprocessing and resale or reuse of any material which would otherwise be processed or disposed of as solid waste. 145}Recycling bin means any container issued by the city for the purpose of recycling. 14&) Refuse means all putrescible and non-putrescible solid waste. L? 1 f?2 1474 Residential refuse container means a city issued automated container and/or a city-approved 32-gallon container or other container approved by the director of Solid Waste/General Services sA ^4°1+° (23) Roll-off container means any large capacity container used for commercial or industrial service, or for special purposes, including but not limited to, containers with capacities between (10) ten and forty (40) cubic yards and which are transported with their contents by vehicle to a solid waste disposal site. (24) Servicing means any interaction with Solid Waste/General Services with regards to including, but not limited to, installing cleaning, deodorizing, pulling, removing, or repairing damage to waste receptacles (25)4?4 Solid waste means sludge not regulated under the Federal Clean Water Act or Clean Air Act; sludge from a waste treatment works, water supply treatment plant, or air pollution control facility; or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. The term does not include recovered materials as defined in this section or in section 403.703(7), Florida Statutes. (26)(2-04 Solid Waste/General Services Se4d waste director means the person authorized to exercise and enforce the provisions of this ordinance. fL7149}Solid waste management means the process by which solid waste is collected, transported, stored, separated, processed or disposed of according to an orderly, purposeful and planned program which includes closure and long-term maintenance. 194?Solid waste management facility means any solid waste disposal area, volume f?8 reduction plant, transfer station, materials recovery facility or other facility, the purpose of which is resource recovery or the disposal, recycling, processing or storage of solid waste. The term does not include recovered materials processing facilities which meet the requirements of Section 403.7046(4), Florida Statutes, except the portion of such facilities, if any, that is used for the management of solid waste. jk22}Source-separated means that recovered materials are separated from solid f?9 waste where the recovered materials and solid waste are generated. The term does not require that various types of recovered materials be separated from each other and recognizes that de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials. Ordinance No. 8025-09 3 Item # 9 Attachment number 1 Page 4 of 28 LLQJQ3}Special wastes means solid waste that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue, e-waste, paint yard trash, and biological wastes. fL11{24Trash means any waste accumulation of paper, sweepings, rags, bedding or other matter of any kind, other than garbage, which is usually attendant to housekeeping, except recyclables. (32) Waste receptacle means any vehicle or container, but is not limited to trailers, roll-off containers, compactors or any other functionally equivalent containers, used to collect, transfer or haul solid waste or construction debris from one location to another. (33)(2,}White goods means inoperative and discarded refrigerators, ranges= water heaters, freezer{s4 and other similar domestic and commercial large appliances of any color. (34){2A)-Yard waste means vegetative matter resulting from landscaping and maintenance. Sec. 32.272. Collection by city; exceptions. (1) Generally. All refuse accumulated in the city shall be collected, conveyed and disposed of by the city government. Following receipt and referral by the City Council Gemmiccinn of annexation petitions, the city shall, upon request by the petitioners, collect refuse accumulated on properties being annexed by the city. Any residential, commercial, or industrial property within the City that is being constructed, is occupied, or is capable of being occupied, shall be presumed to be generating solid waste for collection. (2) Exception for commercial establishments. This chapter shall not prohibit the actual producers of solid waste or the owners of premises upon which solid waste has accumulated, from personally collecting, conveying and disposing of such solid waste provided such producers or owners comply with the provisions of this chapter and with all other governing laws and ordinances. This paragraph shall not be construed to provide for or as allowing collection by subcontract. An owner or producer of refuse or recyclable materials may sell or donate these materials but may not enter into any disposal agreement whereby the owner or producer pays for the use of the container or for hauling. (3) Exception for outside collectors. This chapter shall not prohibit solid waste collectors from outside of the city from hauling such solid waste over city streets prescribed by the director of public works provided such collectors comply with the provisions of this chapter and all other governing laws and ordinances. (4) Exception for private collectors with roll-off containers, compactors or waste receptacles. Thi° nhapt all net prnhihit a private nnllentnr hnldinn a permit from Oho ? ?ipy he-Gity that the pity dGec RGt nhPt-n nnllent and! appreves fnr nnllentinn by a itside ?ntr? rcrc'rc?A private collector who currently holds a city issued permit for placing Ordinance No. 8025-09 4 Item # 9 Attachment number 1 Page 5 of 28 and servicing roll-off containers, compactors, or waste receptacles for commercial and industrial waste, may continue to provide said service for the duration of all existing customer contracts. The private collector shall provide the city with evidence of all such contracts. This exception shall only apply to contracts entered into on or before June 4, 2009. Moreover, the City may honor an existing private refuse contract for existing development which annexes into the City for the remainder of the contract term or for five (5) years from the date of annexation, whichever is shorter. (5) Exception for bulky items. The city has the right to refuse garbage service of any unusual or extremely bulky item or to require the owner or producer of waste to reduce it to such size and weight as can be handled by city equipment. Sec. 32.273. Director of Solid Waste/General Services Warmt°; powers; appeals from action. M All solid waste and recyclables accumulated in the city shall be collected, conveyed, and disposed of or otherwise managed by the city under the supervision of the director of Solid Waste/General Services °^'" - waste. (2) The director of Solid Waste/General Services °^'" waste. shall have the authority to establish the type of container, the frequency of collection, location of container, amount of solid waste and recycling collection or disposal service needed, so long as such change does not fall below any minimum standards set forth by Federal and Florida law or local ordinance. Sec. 32.274. Unlawful practices generally. It is hereby declared unlawful and a violation of this chapter for any person to do or permit to be done any of the following acts or practices: (1) To deposit on or bury in, or cause to be deposited in or buried in, any property, public or private, and any street, alley, the waters of Clearwater Bay, or any creek, watercourse, storm sewer, or ditch within the corporate limits of the city, any solid waste or other noxious, malodorous or offensive matter; (2) To fail or neglect to keep or cause to be kept clean and sanitary or tightly covered and in good state of repair all containers and trash receptacles; (3) To place or allow to be placed upon the streets, alleys, curbs, bicycle paths or sidewalks of the city any rubbish, sweepings, debris, trash or waste materials of any kind, which constitutes a menace to traffic, both vehicular and pedestrian, or a health or aesthetic problem, or which impairs the proper operation of the city's sewer or drainage system; (4) To remove recyclables or any marketable materials from solid waste placed out for collection. Such an act is declared "scavenging" and is punishable by a fine of $500.00 per incident. An incident is deemed to be the removal of such materials from a single premises; Ordinance No. 8025-09 5 Item # 9 Attachment number 1 Page 6 of 28 (5) To dispose of any paint, hazardous material, acid, explosive material, Inflammable liquids, burning substance or any dangerous or highly corrosive material, used oil or biohazardous wastes in any refuse container which might be detrimental or harmful to any person or persons. The city will not be responsible for the collection or disposal of these materials or of special industrial wastes. Damage to city-owned containers as a result of the above will be repaired at the expense of the user; er (6) To place or deposit or cause to be placed or deposited upon any of the streets, sidewalks, parkways, thoroughfares, public parks, or other public places of the city, any tree trunks or limbs, any trash, debris, papers, litter, solid waste, or other discarded matter of whatever kind, except as specifically provided within the rules and regulations-- (7) To bring any solid waste into the city from outside the city limits, or transfer solid waste originating from one party to another party within the city, for the purpose of collection and removal by Solid Waste/General Services; or (8) It shall be unlawful for any third party or contractor to create or leave construction debris, yard waste or refuse subsequent to the performance of any work on private property for the city to collect. No materials from such operations shall be placed in any residential container, commercial container, waste receptacle or set out curbside for collection by the City without prior authorization by the Solid Waste/General Services director. Sec. 32.275. Prohibited materials. (1) Building materials. Except for roll-off container or waste receptacle services, the city shall not be responsible for the collection of dirt, rock, sod, plaster, lumber, metal or other construction or building material originating from private property preliminary to, during or subsequent to the construction of new buildings, or alterations or additions to existing buildings. Such material shall be removed by the owner of the property or by the contractor. No certificate of occupancy shall be issued until such material has been removed by the owner or contractor. (2tagiOusefisease `e4d waste. The -r°mr-y-Al A-f nlGthiRg h ddiRg 9F tether isel rnllon+od by Gelid waste PePSGnn°I jQk34Inflammable or explosive materials. Highly flammable or potentially explosive materials or toxic substances shall not be placed in containers for regular collections, but shall be disposed of as directed by the director of Solid Waste/General Services se4d wee at the expense of the owner or possessor thereof. f?J{4) Prohibited materials. Biohazardous waste, flammable liquids, motor oil, pesticides, herbicides and other hazardous materials shall not be placed for collection, and shall not be collected by solid waste personnel. Sec. 32.276. Enforcement. Ordinance No. 8025-09 6 Item # 9 Attachment number 1 Page 7 of 28 The director of Solid Waste/General Services S^'"i ?.Mast° is authorized to exercise limited police powers to enforce the provisions of this chapter. These limited police powers shall include the authority to issue a notice of violation of a provision of this chapter and, following a reinspection after the time specified in the notice for corrective action, if there has not been substantial compliance with the notice of violation, or if the violation has been corrected but reoccurs, the director of Solid Waste/General Services s^'o-Waste may cause a summons to be issued by a sworn police officer, code enforcement officer, or designated Solid Waste/General Services employee of the city for appearance in county court, or may notify the code enforcement board and request a hearing pursuant to sections 7-102 of the Clearwater Community Development Code 2.212- and 2.219. A notice of violation shall describe the nature of the violation, the corrective action necessary to cure the violation, and the time within which corrective action shall be taken. A notice of violation shall be served in the manner set forth in section 162.12,_2-.24-& Florida Statutes. Personnel Ems authorized by the city manager or designee as code enforcement officers or solid waste personnel are hereby designated as the investigating and enforcing authority pursuant to this article. The code enforcement officers or solid waste personnel are authorized and directed to receive all complaints, make inspections to determine if a violation of this article exists, gather all relevant information concerning such complaints, conduct field investigations and inspections of real property, and enter upon real property, with or without a warrant as required by law, in the conduct of official business pursuant to this article. It shall be unlawful for any person to interfere, harass, or otherwise impede a city code enforcement officers or solid waste personnel employee who are +s carrying out or acting within the scope of his/her duties. A law enforcement official shall have the authority to arrest an individual in violation of Article VII this seet;en Sec. 32.277. Penalties. (1) Any person or entity found to be in violation of the provisions of this article shall be prosecuted as provided in section 1.12. (2) Imposition of a penalty or fine does not prevent the ee P-Rfercemen+?,-r--h appropriate City designee from proceeding or from revoking or suspending a license or perm it. (3) In addition to the penalties provided in subsection (a) of section 1.12, any condition caused or permitted to exist in violation of any of the provisions of this Code can be deemed a public nuisance, and may be abated by the city as provided by law. If action to remedy the condition is taken by the city, the actual costs of such action plus administrative costs of up to $200.00 shall be owed by the owner to the city and shall constitute a lien against the property until paid. (4) If a customer has not removed extra or nonconforming solid waste or other industrial waste, hazardous waste or noncombustible refuse within 24 hours after notification by solid waste, the director of Solid Waste/General Services °^'"-ste may order such removal and all costs incurred shall be placed against the customer's utility account. (5) Failure to remove a container tagged with a warning by the Solid Waste/General Services Department 69''x° °nf^Fr-pr ePA/ e4d , a-s° d° eRt within the specified Ordinance No. 8025-09 7 Item # 9 Attachment number 1 Page 8 of 28 period of time subjects the customer to a fine of $10.00 per day, which is placed on the customer's utility bill. Repeat offenders, at the discretion of the director of Solid Waste/General Services WARt° may be placed on side or rear yard premium service at the appropriate fee. (6) In the event a roll-off container or waste receptacle becomes a danger or nuisance, the roll-off container or waste receptacle shall be impounded and owner given notice, if reasonably possible, and owner shall be responsible for claiming such roll-off container or waste receptacle at owner's own expense as detailed in subsection 7. (7) Roll-offs containers and/or waste receptacles located on city property and/or rights-of-way that are not registered shall be hauled to a city site and an initial fee of $300.00 and a $50.00 a day storage fee shall be assessed against the owner of such equipment. If such equipment is not recovered after thirty (30) days, after the City has gone through reasonable efforts to provide the owner notice, then such equipment may be disposed of. (8) Roll-off container and/or waste receptacle Permittee shall incur a 1% penalty charge on the total amount of remittance, as specified in Appendix A of this code and referred to in section 32.290(2)(b) of this division, for every month that the remittance is past due. Furthermore, Permittee shall incur a 1% penalty charge on the total amount of remittance for every month that the Permittee fails to provide invoice copies and monthly service reports, as required by section 32.290(2)(b). Failure to comply with the permit submission requirements may result in revocation or denial of issuance or renewal of a permit. Sec. 32.278. Service fees and charges. (1) The fact that any place of abode or any place of business is occupied shall be prima facie evidence that refuse is being produced and accumulated upon such premises and that fees for the collection and disposal thereof are due the city. (2) See Appendix A for solid waste management system deposits, fees, service charges, and rate schedules. (3) The solid waste collection and disposal charges are applicable until all municipal utilities including lawn (water) meters are disconnected. (4) For accounts payable, see section 32.066. (5) Additional service charges may be levied at the discretion of the director of Solid Waste/General Services solid ate. Sec. 32.279. Duty of property owner to supply receptacle; exception. It shall be the duty of all owners of residences, businesses, professional offices, and other commercial establishments in the city to supply each of such establishments with setid waste receptacles ^^^+? except where furnished by the city. Ordinance No. 8025-09 Item # 9 Attachment number 1 Page 9 of 28 Sec. 32.280. Duty of property owner; precollection practices. (1) Preparation of solid waste. (a) Garbage. All garbage shall be drained of liquid and shall be wrapped or bagged in paper or plastic before being placed in any container for collection. (b) Trash. All trash shall be drained of liquid before being deposited for collection. (c) Recyclables. Recyclables shall be prepared for collection in accordance with existing policies pregraF4?. that of the city provides. as port of the eGYGI?g ed, n (d) Yard waste. Loose yard waste shall be placed inside a container, other than the city-issued container, approved by the city and placed fnr ronYnlinn nnlleGtinn at curbside, separate from other trash. Such containers shall not be filled above the rim of the container. Single articles such as palm fronds, tree branches and limbs shall be cut or broken into pieces which are less than four (4) inches in diameter and four (4) feet long and shall be stacked at curbside for FeGYGIiRg collection. It shall not be the responsibility of the solid waste personnel to clean up de minimis debris resulting from standard collection. Larger?- ideSybe-sell, d by SpeGi°I PiG in i 1PGR Feq loot aRd appFeyal by the dir°ntnr of ;Almd w;;1;to (e) Scrap metal and appliances. Scrap metal and appliances shall be placed at the curb for recycling collection separate from other trash. Freezers, refrigerators, clothes washers, clothes dryers, dishwashers or similar airtight units shall have the doors removed or secured before being placed for collection. All stand-up items shall be laid flat. Scrap metal such as poles, pipes and antennas shall be cut or bent into pieces not longer than six (6) feet. (f) Crates and cardboard boxes. Crates and cardboard boxes shall be collapsed prior to being placed for collection. (g) Dangerous material. All dangerous material collected manually such as broken glass, light bulbs, and razor blades, aRd fl, inroonon+ t, ,hoe shall be deposited in a disposable container and placed at curbside for collection. (h) None of the above may be placed out prior to twenty-four (24) fort„ eight hours in advance of a scheduled pick-up. (2) Containers. (a) Duty to provide and maintain in sanitary condition. Except in the case of containers provided by the city, all containers shall be provided by the owner, tenant, or occupant of the premises. Containers shall be maintained in good condition and shall be subject to inspection and approval of conditions by city code enforcement inspectors and others having jurisdiction. Routine maintenance of can{s4, carts,, and waste receptacles d ? Fs in a sanitary manner is the responsibility of the user. Ordinance No. 8025-09 9 Item # 9 Attachment number 1 Page 10 of 28 Any container that does not conform to the provisions of this chapter or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof, shall be promptly replaced by the customer upon written notice by the city. The director of Solid Waste/General Services selod Waste shall have the authority to discontinue collection service for failure to comply. In the event of damage to a container provided by the city caused by a user of the container, the cost of repair or replacement shall be charged to the customer's account. (b) Specifications. Containers shall be made of durable plastic or metal, equipped with suitable handles and tight-fitting covers, and shall be water-tight. Except in the case of containers provided by the city, each container shall have a capacity of not more than thirty-two (32) gallons, and shall weigh not more than sixty 1601 pounds when full. (c) Commercial trash bins. No commercial trash bins or trash rooms shall be used without written permission of the director of Solid Waste/General Services setid waste. No existing bin shall continue to be used, and no new bin shall be permitted for use, unless it is completely enclosed and watertight. (d) Commercial containers. Containers shall be of such size and shape as to be capable of being lifted and emptied into city collection vehicles. Commercial front end containers provided by the owner and used in conjunction with compactors shall first be approved by the director of Solid Waste/General Services 6^'?dsuch approval to relate to the ability of the city to service such equipment. (3) Storing of solid waste. (a) Public places. No person shall place any solid waste in any street, alley or other public place or upon any private property whether owned by such person or not, unless it is in containers for collection. No person shall place any solid waste at the curb for collection except on his or her property, and such placement shall be behind the curb or where the curb should be. Any person having a corner lot may use the side yard curb, subject to the director of Solid Waste/General Services' setid waste's approval. No person shall throw or deposit any solid waste in any ditch, stream or body of water. (b) Unauthorized accumulation. Any unauthorized accumulation of solid waste on any lot or premises is hereby declared to be a nuisance and is prohibited. Failure to remove any accumulation of solid waste following notice to the owner or tenant and a reasonable opportunity to take corrective action shall be deemed a violation of this chapter. (c) Reserved. (d) Commercial establishments. All commercial establishments shall secure solid waste accumulated upon the premises so as to eliminate wind-driven debris and unsightly litter conditions in and about the establishment. Ordinance No. 8025-09 10 Item # 9 Attachment number 1 Page 11 of 28 (e) Public parking lots. All public parking lots shall be provided with containers in sufficient quantity so that there shall be at least one container for every 50 parking spaces. This requirement shall apply to parking lots with a capacity in excess of 25 spaces. It shall be the responsibility of the owner or the manager of the parking lot to collect the material deposited in the containers and deposit the material in a container for collection. As used in this subsection the term "public parking lot" shall mean a privately owned lot open to the general public. (f) Construction sites. All construction sites shall use "+il city-approved waste receptacles trash nnn?oinorc the number of which shall be determined according to the size of the job at the discretion of the director of the building division. Construction sites shall be kept clean and orderly at all times and the building director may suspend or red tag a construction job until the premises are brought up to a satisfactory sanitary condition. Any waste receptacle used to collect refuse that is not supplied by the City shall be required to be registered with the director of Solid Waste/General Services. (4) Waste receptacles, compactors, roll-off containers and baling machines. (a) Registration. Prior to the placement of compactors, roll-off containers, waste receptacles, and baling machines such equipment shall be registered with the director of Solid Waste/General Services ;nA 4; e. (b) Storage of compacted trash. Compacted cardboard, trash or by-products thereof as described in this section which have been compacted into bales shall be stored in fireproof structures or buildings at all times unless awaiting transport to ultimate disposal. (c) Transporting compacted or roll-off trash. No person shall transport compacted trash or recyclable materials, collected within the City of Clearwater, over streets and roadways in the corporate city limits without prior registration with the director of Solid Waste/General Services r,ne. Sec. 32.281. Duty of property owner; collection practices. (1) Frequency of collection. (a) Residential and small businesses. Solid waste accumulated by residences and small businesses shall be collected twice each week on regularly scheduled days except Saturdays, Sundays and holidays. (b) Commercial. Motels, hotels, restaurants, supermarkets, hospitals, schools and other establishments may have daily collection services to fit their respective needs at the regular rates charged. +h°?e. Where necessary to protect the public health, the director of Solid Waste/General Services sG4d wade or an authorized health department official may require more frequent collections. (c) Special collections. Restaurants and all other establishments having putrescible waste `?hinh hoc on nff°nci?io (?nr nr 7;;- 7 M11 nnncti?i i?o ni iiconn may -shall be collected, at minimum, once a week. If the waste becomes offensive in odor or becomes a nuisance, it shall be collected as often as deemed necessary to Ordinance No. 8025-09 11 Item # 9 Attachment number 1 Page 12 of 28 address the offensive odor or nuisance, at the discretion of aRd u pen the a evalef the director of Solid Waste/General Services solid WARte All waste receptacles within the city limits that contain putrescible refuse shall, at the discretion of the Solid Waste/General Services Director, be required to have a minimum of one collection per week. (2) Collection locations. (a) Curbside icku 1.2 (G) Side eF neaF . Solid waste containers shall be placed for collection on the ground at the curbline, immediately in front of and contiguous to owner's property and at least ten (10) feet away from any permanent structure or vehicle and cannot obstruct pedestrian passage. Solid waste containers shall be placed for collection at ground level on the property, not within the right-of-way of a street or alley, and shall be accessible without entering into a building or shelter of any type. Exceptions may be granted with the approval of the director of Solid Waste/General Service ;^A 4; tP. (b) Handicapped and elderly. Any person who has been certified by a physician as being unable to place a solid waste container at the curb shall be entitled to have the solid waste collected at the side or rear of the building at no extra charge. u Side or rear yard premium servic2 bU#G#Pg ee#eG6G14. A fee as stated in ADDendix A will be charaed to customers who wish to have the containers pulled out and placed back for them by solid waste personnel. Selod waste eent?iners shall he planed for nellentien at gFG 1Rd le\/el en the erGeert y nr)t YVith in the right _ef_way of a street er alley, enolear--rUP-sRsihle ?.Mithei it P-Aterine inte b iildinn er shelter of aR y type. -Ne selir! e shllall be rVellon4od i Alooo r-Aptainoro are readily aGGeSSible by selid waste perst9pn°I ?.Mithni it i RIAGkinn a deep gate ether ehstAnle ITG?t1G lTtherr m_a?i he appi:eyed in ?eiritine by the y ?M_;;Gte nQed that on additienol payment fer the extra sa a is agreed i 1PGR h?i heth parties (3) Container placement and removal. (a) Residential refuse and/or recycling containers and yard waste placed near the curb, street or alley shall be placed there no earlier than 7:00 p.m. on the evening preceding the collection day and must be removed to a point at the side or rear of the structure by 7:00 a.m. of the following day. Any container not removed will be tagged by the Solid Waste/General Services Department sed'e enfernement/sG4d waste dement with a warning. Second violators will be subject to a fine of $10.00 per day, which will be placed on the customer's utility bill. Repeat offenders will be placed on side or rear yard premium service at the stipulated rate. (4) Eviction/Move Out Refuse. The property owner shall be responsible for time and material charges as stated in Appendix A for any refuse clean up resulting from an eviction or move out. Ordinance No. 8025-09 12 Item # 9 Attachment number 1 Page 13 of 28 Sec. 32.282. Yard waste/bulk collections. (1) It is the responsibility of all tree surgeons, nurseries, lawn care services and landscaping contractors, or any individual or company doing work on private property, to remove from the premises all residue and rubbish resulting from said work. Failure to comply will result in a fine in the amount of not less than the existing cost for removal plus an administrative fee not to exceed $200.00, for the first infraction. A second infraction may result in the loss of the occupational license. (2) All white goods' doors must be removed or secured before being set out for collection. (3) Items for collection should be placed out no earlier than 24 4S hours in advance of a scheduled pick-up and should not present a health or safety hazard to the general public. ********** Sec. 32.284. Waste receptacle D er enclosures/storage of containers. (1) Enclosure required. (a) Customers who receive containerized service and who are not subject to the requirements of paragraph 5 subsection (b) of this section shall meet the following requirements with respect to waste receptacle Dumpste enclosures. (b) The enclosure will be constructed and maintained in such a manner as to ensure that the waste receptacle n is not visible from ground level. (c) The enclosure shall have a gate that is of sufficient width so that the waste receptacle ?2 is easily accessible by a front-end loading refuse collection truck. Said truck requires 12 feet of unobstructed access. (d) The base of the enclosure shall contain a six-inch-thick reinforced concrete pad of a size suitable for the waste receptacle Dumpste in use at that location. (2) Those customers whose site receives containerized service and whose use of or improvement to the service site requires site plan approval or approval of minor change of use, shall also comply with the rules and regulations regarding enclosure dimensions, materials, location, and other physical attributes, as may be promulgated and amended from time to time by the director of Solid Waste/General Services Selig WARt (3) Every rnn+°in°ri_°rl customer who receives containerized service shall assume all risk and shall indemnify, defend, and save harmless the City of Clearwater from and against all loss, damage, cost or expense for the enclosure which is not due to the negligence of the City of Clearwater. (4) No final building inspection shall be undertaken nor certificate of occupancy issued for any site which has not complied with the enclosure requirements contained in this section. Ordinance No. 8025-09 13 Item # 9 Attachment number 1 Page 14 of 28 (a) Any residential customer obtaining service for any multiple-family residence, and who is not otherwise subject to the requirements of section 32.321, shall provide an enclosure for recycling containers. These recycling enclosures shall be located so that the recycling containers are easily accessible by the residents, and by the refuse collectors, using front-end rearleadiig vehicles. The enclosures shall be constructed so that the recycling containers are not visible from any public right-of-way. In addition, the director of Solid Waste/General Services s^'ip. or designee shall have the authority to review the proposed location and construction of such enclosures to ensure that they meet the criteria of this section, and also to ensure that any applicable building and safety code provisions are complied with. (5) The Solid Waste/General Services s^'te director shall have the authority to waive some or all requirements of this section, except those relating to accessibility and location, in those cases in which the customer demonstrates that: (a) The waste receptacle Dumpste or recycling container would not be visible at ground level from any adjacent right-of-way or property, due to the existences of walls, fences, or other screening on site in compliance with this Code; or (b) Enforcement of this section would result in extreme hardship. (6) All enclosures are required to be constructed in accordance with the City of Clearwater specifications. (7) Placement of containers. Subscribers or private collectors authorized to provide services under this article shall not place any container or receptacle for solid waste or recycling outside of any building or structure without first having obtained permission from the City approving location of such container. Sec. 32.285. Collection and disposal by commercial establishments, private individuals and outside collectors. (1) Requirement for vehicles. All transported refuse shall be containerized or tarped, and vehicles used for hauling shall be licensed by the city and approved by the director of Solid Waste/General Services RA10d WARte. The actual producers of solid waste or the owners of premises upon which solid waste is accumulated who desire personally to collect and dispose of such solid waste, persons who desire to dispose of waste material not included in the definition of solid waste and solid waste collectors from outside of the city who desire to haul solid waste over the streets of the city, shall use a water-tight vehicle provided with a tight cover and shall operate the vehicle so as to prevent offensive odors escaping +"?, , em and materials from being blown, dropped or spilled. (2) Rules and regulations. The director of Solid Waste/General Services °^'"-w;;S;tP shall have the authority to adopt reasonable and necessary regulations concerning private collection and disposal and the hauling of solid waste over city streets by outside collectors. ********** Ordinance No. 8025-09 14 Item # 9 Attachment number 1 Page 15 of 28 DIVISION 2. PERMIT FOR ROLL-OFF CONTAINER AND/OR WASTE RECEPTACLE SERVICE Sec. 32.288. Required. nr+ntainers YVhether installed permanently nr tempeFaFlly Within the nit y Pursuant to section 32.272(1), it shall be unlawful for any party, other than the City, to engage in the business of collecting, removing, or disposing of construction or demolition debris and commercial or industrial waste. However, a sole proprietor or corporate entity placing or servicing a roll-off container or waste receptacle for the purpose mentioned in this section shall be required to procure a permit to legally continue such business activity without penalty, and hereinafter be known as Permittee, only under the following conditions: (1) yearly application of an already existing permit, so long as Permittee has adhered by all the permit application requirements in section 32.289, (2) a permit may be issued when, pursuant to section 32.293(3), the City first determines that it is unable or unwilling to collect, remove or dispose of a particular type or volume of refuse, or (3) when such sole proprietor or corporate entity only services individual trailers or other similar rubber tire vehicles that are no larger than fifteen (15) cubic yards. Sec. 32.289. Application. Every sole proprietor or corporate entity PeFSGR required to procure the permit for roll- off container, or waste receptacle service provided for in section 32.288 shall submit an application for such permit to the city manager or designee. The application shall: (1) Be a written statement upon forms provided by the City. Such application form shall include an affidavit to be sworn to by the applicant before a notary public of the state. (2) Require the disclosure of all information necessary in compliance with this division. (3) Be accompanied by a permit fee in the amount set out in appendix A to this Code. (4) Be submitted to the city manager or designee together with all pertinent information required in this division, in order that a determination can be made by the city manager or designee. ( e h r ennrd of all arrests and nnrn yintOGRs a ainst the applicant and t aFtReFeffiGer nr ever g ter of the plinant far yinlatinns of on oad ell lo?nyc a direr y p -- y nrdinannes u"f the nit y, G9 into, state ter federal gGYernmrrrecnt ccrcrar-vvcm rrc. 1§1{6}Contain the names of employees responsible for the operation of applicant's business, meaning those who will manage, administer and supervise the business under the permit when issued. ?n^I,,ding the ;+AGUAt GTeYPeFieRGe-Possessecab??Gh ex delea#1 a -suhmpmit cv o honLnrni ind in?yes+igo+inn ph finr?erprints ntnnrpdd Mk7l}Contain the following additional information: Ordinance No. 8025-09 15 Item # 9 Attachment number 1 Page 16 of 28 (a) Number, type and size of waste collection vehicles in use; (b) Number of employees assigned to each waste collection vehicle; (c) Name and location of every establishment in the city, including short-term construction sites, where roll-off containers or waste receptacles are placed and serviced by the applicant. (7) Be accompanied by copies of all contracts or options for the servicing or placing of roll-off containers or waste receptacles within the City of Clearwater. For permitting purposes only, the City shall honor existing private servicing contracts for the remainder of the contract term or for five (5) years from the date of execution, whichever is shorter, provided that such contract or option was in effect on or before June 4, 2009. If the applicant is unable to provide copies of contracts or options, as required by this section, applicant shall be ineligible to obtain a permit. (8) Disclose all previous business names, current subsidiaries, parent companies or any successors. Sec. 32.290. Prerequisites to issuance. In determining whether 9F-Ret a permit for the placement or servicing of a roll-off container or waste receptacle should be issued, the city manager or designee shall consider and base 4s the decision on the following: (1) A review of the material submitted pursuant to section 32.289; (2) A review of °ll nenyin+ienc of the nlinon+ +hP-?en???? re ARP- GARd 'Gut A the applinan+ sf jbseq ien+ +e releAoe• (3) The IiGenoe his+eFy of eanh applinan+• (2) 04The certificate of approval of the city manager or designee to the effect that the applicant has satisfied the following: (a) The adequacy of the equipment to be used, as used in this subsection, adeauacv of eauiament shall mean that the roll-off container and/or waste receptacle does not present a danger or nuisance, is structurally sound, and has markings identifying the current owner of such equipment, such markinas shall include the sole Droarietor or coraorate entitv name. Dhone number, and container number; (b) The applicant has agreed to remit to the city each month a fee of 15% of the monthly gross revenue billed by Permittee, as set out in Appendix A to this Code, accomaanvina the remittance. the Permittee shall suaDly invoice cosies corroborating the monthly gross revenue derived from servicing locations within the City of Clearwater. ap,4 the applinan+ has agreed irnish a d, lpli G.,n" of the applinonVIS monthly billing; Moreover, a Permittee shall also provide to the director of Solid Waste/General Services a monthly report identifying Ordinance No. 8025-09 16 Item # 9 Attachment number 1 Page 17 of 28 collections made within the City, together with the appropriate service addresses for such collections. The report, remittance, and invoice copies are due no later than the last business day of the following month; (c) The applicant has agreed to make all books and records applicable to the business conducted under the permit required by section 32.288 available to the city for inspection and audit; (d) The applicant has provided a copy of a certificate of insurance demonstrating that the applicant's employees performing work pursuant to the permit are covered by workers' compensation insurance. Sec. 32.292. Liability insurance. ********** The holder of a permit for roll-off container and/or waste receptacle service issued pursuant to this division shall maintain in effect at all times public liability insurance in the minimum amounts of $500,000.00 single limit for personal injuries arising out of one occurrence and $100,000.00 property damage, and shall furnish the city a certificate evidencing such insurance. The city shall be named as an additional insured under such insurance. The permit holder shall furnish a certificate of insurance demonstrating compliance with the requirements of this section. Sec. 32.293. Roll-off and/or waste receptacle permit application, Ttermination, denial rep nj-C,-,yaT (1) All permits for roll-off container and/or waste receptacle service issued pursuant to this division shall be valid for not more than one year and shall terminate on December 31St SeptembeF of each year. Regardless of date of issuance, issuance fee shall be the full amount as stated in Appendix A. (2) Applicants Eo^h permit hnl`Jor shall complete r;ke a written application for regewa4 on forms provided by the city manager or designee on or before January 1 of each calendar year. The application shall be accompanied by the fee as stated in Appendix A. ?"vVhlrrrtv TTe-Re al nnnli^n4ieR shall update the infr-rmatieR PFGVided by the (3)(4) No permits required by this division shall be Teeewed, and n^ neW permit shall h° issued to any sole proprietor or corporate entity PeFGGR unless the city manager or designee determines that the city is unable or unwilling to collect, remove or dispose of a particular type or volume of refuse.r-ertairt fie, r, aa;d-Ather 141{54 Such permit may be terminated or denied by the city manager but only after the procedure set out in section 29.41(2) has been followed. Notwithstanding the procedure set out in section 29.41(2), appeal of the city manager's decision to terminate or deny a Rew permit ^r real shall be to the city council. ^^mmissirn Ordinance No. 8025-09 17 Item # 9 Attachment number 1 Page 18 of 28 (5) {6} The granting ^r reAPWA' of a permit pursuant to this division shall not be construed as a grant of a franchise or of vested rights. (6) No permit shall be issued to any applicant who is delinquent in remittance of franchise fees, penalties, or interest. (7) The permit issued to the applicant shall not be transferable. (8) No permit shall be issued after all Permittee's contracts or options to service or place roll-off containers and/or waste receptacles within the City of Clearwater have terminated or such contracts cease to be enforceable. Sec. 32.294. Revocation or suspension. The city manager or designee, after affording the Permittee helder ^f ° permit for roll-off container or waste receptacle service notice of the charges and opportunity to be heard with respect to any revocation proceedings, may, if the city manager finds this article to have been violated or that false statements were made on any application ^r appliGati^^ f^-.r repe. ?l or on any submittal required by this division by the permitee permit h^ld°r, agent or employee, revoke the permit in its entirety, suspend the permit for a stated period of time, place the Permittee permit h^Irlor on probation, or place other conditions thereon as the city manager or designee finds necessary. Sec. 32.295. Rates. Rates for roll-off container and or waste receptacle service are listed in Appendix A - Schedule of Fees, Rates and Charges, Section XXV, Public Works Utility Fees, Rates and Charges. Sec. 32.296. Prohibition. No hazardous or medical waste shall be placed in City of Clearwater roll-off containers and/or waste receptacles Hazardous and/or medical waste shall be disposed of by authorized contractors in compliance with federal, state and local laws and regulations. DIVISION 3. RECOVERED MATERIALS DEALERS* Sec. 32.311. Required. (1)A;ie.r FebruaFy 1, 1994 A recovered materials dealer shall provide to the Solid Waste/General Services ?.Maste director vr ^f the-Gity a copy of the certification required by F.S. § 403.7046, prior to engaging in business within the city. In addition, a recovered materials dealer shall register with the Solid Waste/General Services sG4d waste director ^f +h-Gity prior to engaging in business within the city. (2) Recovered materials generated at commercial establishments within the city shall be source-separated at the premises of the commercial establishment. Ordinance No. 8025-09 18 Item # 9 Attachment number 1 Page 19 of 28 Sec. 32.312. Prohibition. (1) Any person= sole proprietor or corporate entity not certified under F.S. § 403.7046, as required is expressly prohibited from doing business as a recovered materials dealer within the city. (2) The city expressly reserves the right to provide for the exclusive collection, transportation and processing of recovered materials from single-family or multi-family residential properties or to enter into an exclusive franchise for such services to these properties, or any combination thereof, at the option of the city. (3) Certified recovered materials dealers are limited to providing service to commercial establishments only. (4) Only recovered materials may be removed from the commercial solid waste stream. Sec. 32.313. Recovered Materials Dealer registration, termination, denial. Every sole proprietor PeFGGR or corporate entity hauling, collecting, receiving, and/or processing recovered materials shall be required to register as a recovered materials dealer shall register with the director of Solid Waste/General Services. sr,lid ,^,-aste The registration shall: (1) Include a completed written registration on the forms provided by the city manager or designee on or before October 1 of each year. -Re a Ott st_AtP_.M.en+ i iPnn farms Prn„i led by the G#y. Such registration forms shall include an affidavit to be sworn to by the registrant before a notary public. Regardless of issuance date, issuance fee shall be the full amount as stated in Appendix A. ((21),;^Reeq Require the rl ?? rr?nf? infnrmo+inn ReGessary in nnmplionno ?n,i+h +hic d i"arvvn. (2) (9) Be accompanied by a registration fee in the amount set out in Appendix A to this Code. (4) Be Submitted to the pity manager by the diren+nr of solid ?.Maste together with all Pertinent infr_rmatiGn req aired in this divisinn in order that a determinatign Pan he made by the nit" manager (3) {5} Contain the name of the dealer, including the owner or operator of the dealer, its general and limited partners if a partnership, its corporate officers and directors if a corporation, its permanent place of business, evidence of certification under F.S. §403.7046, and a certification that the recovered materials will be processed at a recovered materials processing facility satisfying the requirements of F.S. §403.7046. (4) Registration may be terminated or denied by the director of Solid Waste/General Services upon compliance with the procedure set forth in section 29.41 (2). Ordinance No. 8025-09 19 Item # 9 Attachment number 1 Page 20 of 28 (5) Registration pursuant to this division shall not be construed as a grant of a franchise or vested interest. (6) Registration shall not be transferable. Sec. 32.314. Reporting. Each certified recovered materials dealer registered with the city shall provide to the director of Solid Waste/General Services s^lidte a quarterly report identifying the types and tonnages of recovered materials from the City of Clearwater that were collected, recycled, or used during the reporting period; the approximate percentage of recovered materials reused, stored or delivered to a recovered materials processing facility or disposed of in the solid waste disposal facility; and the locations where any recovered materials were disposed of as solid waste. Each quarterly report shall be due not later than the last business day of the month following the end of each calendar quarter. SeG. 32.3155. Trcr.m.iia ion, denial, renewal. yrolid fer net mr-re 4h-An ene yeaF ill rm0n;;4o ran flonoGm?or21 A-rpr,nh yGaF nrrvvided by the Gof c JGnlid WARtP WArks An er h re QGtGh?f eonh VnoGlreRGnrlor II..?LTf-TRT?PG?St. PPVTlTJ?1TV'T!7 VSVT7 G'RGTTRr nliGatien -ARd Shale-Ar--ne e-1- by a foe in the ei i rlca-?vr-nTricT diren4r-r of Gelid ?e4e046 i pen GGRgPlienne YVi+h the PFGGedl ire oe+ fA-Ah in oen4ien 29.41(2). Sec. 32.3156. Revocation or suspension. The city manager or designee, after affording the registrant notice of the charges and an opportunity to be heard with respect with to any revocation proceedings, may, if the city manager finds this article to have been violated or that false statements were made on any report, application er applicatien fer reneni?l or on any submittal required by this division by the applicant, agent or employee, revoke the registration in its entirety, suspend the registration for a stated period of time, place the registrant on probation or place other conditions thereon as the city manager or designee finds necessary. Ordinance No. 8025-09 20 Item # 9 Attachment number 1 Page 21 of 28 DIVISION 4. RECYCLING BY CITY Sec. 32.320. Curbside. (1) Curbside recycling shall be provided made available to residential, office, and hotel/motel units which are served by rearloader or sideloader solid waste collection and a fee shall be assessed in the amount set out in Appendix A to this Code. (2) Curbside recycling collection will be once weekly. A recycling container will be furnished by the city along with instructional materials providing the necessary information for proper participation to include the designation of the collection day. (3) Curbside recycling containers placed near the curb, street or alley shall be placed there no earlier than 7:00 p.m. on the evening preceding the collection day and must be removed to a point at the side or rear of the structure by 7:00 a.m. of the following day. Any container not removed will be tagged by the Solid Waste/General Services Department r-Ade en#eree a se'i,? a depaFtm^n+ with a warning. Repeat violators will be subject to a fine in the amount set forth in section 32.281(3)(a), which will be placed on the customer's utility bill. Sec. 32.321. Multi family recycling. Multi family recycling shall be provided eiill be nff^r^iJ to complexes within the city. The nrnnrom niill be phased OR by ho rC)"d WAste department (1) A #?e-fee shall be assessed in the amount set out in sr__hed Flo fn-.r m, iltifomi y r^^y^lin^ Will be pFeyi' e Appendix A to this Code. (2) Multi family recycling may be will he tailored to the needs of each complex and is 4 be integrated into a full-service solid waste management program. (3) Repeated contamination of the recyclable materials collected by the Solid Waste/General Services Department will result in a resection of service, and the recipient of said service shall still be responsible for paving all applicable fees as stated in Appendix A to this code. Sec. 32.322. Commercial recycling. Commercial recycling may wi 4 be provided by the Ssolid Wwaste/General Services Ddepartment in competition with certified recovered materials dealers registered with the city. The Solid Waste/ General Services Ddepartment °^'id- ?^4^°+^ will provide customized recycling service to commercial establishments tailored to the needs of the establishment and integrated into a total solid waste management program. Commercial recycling base rates will be set out in Appendix A to this Code, and such base rates may be amended from time to time by resolution adopted by the city council ^^mmi°°inr, The city manager or designee may adjust the rates upwards or downwards in order to be cost-competitive Gempete eff^ with private recovered materials dealers operating within the city. ********** Ordinance No. 8025-09 21 Item # 9 Attachment number 1 Page 22 of 28 Section 2. Appendix A, Article XXV Public Works - Fees, Rates and Charges is hereby amended as follows: (c) Solid waste collection rates. ********** 1. Monthly charges for twice-weekly collection of solid waste in prescribed containers. a. Single-family and multiple-family dwellings. (i) Curbside pickup: One 90-gallon container will be provided for automated service for each living unit. Additional 90-gallon containers will be provided at the discretion of the director of Solid Waste/General Services ';^'md WARte at the rate specified below. Where routes are automated, automated service shall be the only option. TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 Each living unit, $21.48 $22.55 $23.68 $24.86 $26.10 minimum Each additional 21 48 22 55 23 68 24 86 26 10 container . . . . . (ii) Side or rear yard premium service : Manual pickup has a limit of two containers per living unit, each having a capacity no larger than 32 gallons. For each additional 32-gallon or smaller container for rear yard pickup, the fee specified below will be charged for side or rear building collection of each 90-gallon container. TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 Each living unit $42.96 $45.10 $47.36 $49.72 $52.20 Each additional 14 99 15 74 16 53 17 36 18 23 container . . . . . (iii) Base charge: The base charge will be included in the monthly charge for active accounts as specified below. Dormant accounts will be assessed the base charge for each account. TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 Each account, $7.14 $7.50 $7.88 $8.28 $8.70 minimum (iv) Service outside of the municipal limits. Accounts outside the City limits shall be assessed 125% of the citv's monthly charaes for curbside service for twice-weekly collection for each unit. b. Motels, apartment motels, or apartments renting by day or week; all containers serving the premises shall be centrally located at one collection point. (i) Curbside pickup: First living unit, minimum Ordinance No. 8025-09 22 Item # 9 Attachment number 1 Page 23 of 28 TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $21.48 $22.55 $23.68 $24.86 $26.10 All additional living units, per unit TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $11.25 $11.82 $12.41 $13.03 $13.68 (ii) Side or rear yard premium service bumldmRg . First living unit, minimum TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $42.96 $45.10 $47.36 $49.72 $52.20 All additional living units, per unit TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $21.48 $22.55 $23.68 $24.86 $26.10 c. Motels, apartment motels, or apartments renting by day or week with commercial containers. In accordance with the schedule in subsection (3)(c)2.a. of this section. d. Commercial buildings of all types such as stores, hotels, factories, filling stations, service establishments and the like with separate water metering for twice weekly collection. (i) Curbside pickup, minimum TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 $21.48 $22.55 $23.68 $24.86 $26.10 (ii) Side or rear yard premium service Two containers, minimum TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $42.96 $45.10 $47.36 $49.72 $52.20 Each additional container TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $14.99 $15.74 $16.53 $17.36 $18.23 (iii) Commercial containers: In accordance with the schedule in subparagraph (3)(c)2.c of this section. Ordinance No. 8025-09 23 Item # 9 Attachment number 1 Page 24 of 28 e. Each building containing four or more separate business or professional offices and one common water meter. (i) Curbside pickup: First eight containers TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $89.88 $94.38 $99.10 $104.06 $109.26 Each container in excess of eight TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $13.19 $13.85 $14.55 $15.28 $16.05 (ii) Side or rear yard premium service . First eight containers TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $179.76 $188.76 $198.20 $208.12 $218.52 Each container in excess of eight TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $26.36 $27.68 $29.06 $30.51 $32.04 (iii) Commercial containers: In accordance with the schedule this section. 2. Monthly charges for daily commercial (except Saturday, for solid waste in prescribed containers. a. Curbside pickup: (i) One container, minimum TABLE INSET: in subparagraph (3)(c)2.c. of Sunday and holidays) collection Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $56.19 $59.00 $61.95 $65.05 $68.30 (ii) Each additional container TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $56.19 $59.00 $61.95 $65.05 $68.30 b. Side or rear yard premium service . (i) One container, minimum ********** Ordinance No. 8025-09 24 Item # 9 Attachment number 1 Page 25 of 28 4. The charges set forth above shall be subject to adjustment for increases or decreases in the dump fee. Uniform increases or decreases shall be recommended by the director of Solid Waste/General Services Rn'i-WARte and approved by the city manager, and a copy of the adjusted charges shall be filed with the city clerk. Other increases or decreases shall be subject to approval by the adoption of an ordinance by the city council nnmmissinn- upon the recommendation of the city manager. 5. Each sinale-familv or multi-familv dwellina customer will be allowed uD to 4 (four additional complimentary yard waste pick-ups beyond the once-weekly yard waste collection implicit in 32.281(1)(a), per 12-month period providing the combined yardage of the 4 (four) Dick-uas does not exceed a total of 40 (fortv) cubic vards durina that 12 month period. 6. Waste receptacles excluding residential refuse containers shall be eligible for two cleanings per year at no charge. Any subsequent cleaning shall incur a $100.00 per waste receptacle charge . (d) Recycling. 1. Recovered materials dealer annual application fee (effective 10/1/2007) ... $57.50 2. Curbside recycling: a. Monthly charges for curbside service for once-weekly collection for each unit: TABLE INSET: Fiscal Year Beginning October 1, 2007 2008 1 2009 2010 2011 $2.01 $2.07 1 $2.13 $2.19 $2.44 b. Charge for additional curbside recycling bins or replacement of bins lost or damaged due to negligence shall be: Cost plus $1.15 (effective 10/1/2007) handling charge per bin (one- time charge per delivery). E. Charge fnr ° ni irhside FeGyGlinn biR shall be, st ply is $1.15 (eff°ntiye. -I nil /2007) haRdlinn nhGrno LcL,d. Special collection of recyclables where city services a bin at the residence or carries bin to curb, without physician's certification of medical necessity, shall be: Twice the curbside recycling charge. u--9. Service outside of the municipal limits. Accounts outside the City limits shall be have 110% of a teR nornont S, irnharge assessod ever and ohthe city's monthly charges for curbside service for once weekly collection for each unit. 3. Monthly charges for multi family collection of prescribed service initiated before January 1, 1996: a. Service with semi-automated carts: Multi family complexes serviced with one compartmentalized container cluster of four equates to one three cubic-yard Ddumpster. 4. Monthly charges for once-weekly collection of recyclables at each multi-family complex offered after January 1, 1996, will be for each living unit: TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 Ordinance No. 8025-09 25 Item # 9 10/1/2007 $1.49 $1.54 $1.59 $1.64 $1.82 Attachment number 1 Page 26 of 28 Billing for recycling service offered before June 1996, will commence June 1, 1996. Billing for service offered after June 1, 1996, will commence in the appropriate billing cycle of the month following. 5. Monthly charges for commercial collection represents the target level of commercial recycling from which the Solid Waste/General Services Department o^lid waste divisiep will flex up or down to be cost-competitive with certified recovered materials dealers (private recycling companies) operating within Clearwater. a. The target level charge for service with semi-automated carts shall be charged on the same basis as rates included in 3.a. b. The target level charge for service with non-compacted commercial containers shall be the same as rates included in 3.b. above. (5) Other miscellaneous charges: ********** (b) Solid waste roll-off container or waste receptacle service. (i) Private service fees. 1. Permit fee to place or service roll-off containers or waste receptacles (§ 32.292(3)), (effective 10/1/2007) ................................................. $56.50 2. Monthly fee of 15 percent of the gross revenue billed by permit held r Permittee for #GM the installation, pull, disposal or any servicing of roll-off containers or waste receptacles within the city for the preceding month in^', diRg r^"-nff nnntoinorc installed permanently or aPA temporarily. For the purposes of this section gross revenues shall include but not be limited to fuel surcharge, overweight or any other charges excluding penalty and/or late charges. (§ 32.293(4)(b)). (ii) Public service fees. 1. Monthly fee of 15 percent of the gross revenue billed by peFmit hr ld&F the City for #9+;4 the installation, pull, disposal or any servicing of roll-off containers or waste receptacles within the city for the preceding month in^', „ding Fell ^ff nr_n+_Ain°r° installed permanently or ap,d temporarily. For the purposes of this section, gross revenues shall include but not be limited to fuel surcharge, overweight or any other charges excluding penalty and/or late charges. 2. Pull charges. A pull being the hauling, dumping and returning of a roll-off container or waste receptacle one round trip: In the City of Clearwater ********** 3. Deposits. a. Roll-off container/and or waste receptaclesempaster. A $400.00 deposit will be charged for each roll-off and/or waste receptacle sempaster. Open t9p n^n4-Ainor. Z $400.00 deposit will be nhaFged fGF GpeR t9p rr-ll Gff nrn4?inoro Service charges will be assessed against the deposit until it is insufficient to cover the next pull and disposal bill. At that time the customer will be required to make a payment on account or replenish the deposit in order to cover the next service billing. Ordinance No. 8025-09 26 Item # 9 Attachment number 1 Page 27 of 28 bs. The initial deposit may be set at less than the normal two-month level upon determination of being in business for two years or more or otherwise providing satisfactory credit worthiness and by executing a special deposit/payment agreement approved by the director of Solid Waste/General Services which provides for a more rapid payment schedule than normal. 4. Billing. Roll-off containers and/or waste receptacle service will be billed for a combination of the pull charge, disposal fee and any other e?4-eft services rendered. 5. Other service charges. a. Rental. A $3.40 (effective 10/1/2007) per day rental charge will be assessed for containers not pulled and dumped a minimum of once each month. b. Rinse and deodorize (effective 10/1/2007) .............................. $24.57 c. Overload charge for any container loaded above the rim (effective 10/1/2007) ...$56.50 d. Damage. Damage to container will be assessed at actual cost of repair. e. Enforcement. Any charges assessed against a city roll-off vehicle for overweight or overloading will be paid by the customer to whom the container service is provided. f. Malfunction. Containers that are damaged and/or not maintained properly and cannot be dumped will be returned to the owner for repair and a pull charge assessed for the trip. After repair, a second pull charge will be assessed for the pull along disposal fee and other appropriate charges. g. Premium service. Any roll-off container or waste receptacle service required after duty hours or on weekends or holidays where overtime must be paid will be billed to the customer at time and one-half or 150 percent of the established charge. h. Placement or retrieval. A $56.50 (effective 10/1/2007) charge will be assessed for the placement or retrieval of a container requested and not used or returned without an associated pull charge. i. Lease and service rates. Lease and service rates for compactors will be based upon the size, type and installation requirements of the compactor as determined by the director of Solid Waste/General Services 6^'"j ?^4OC+° 6. Charges for roll-off container or waste receptacle service represents the target level of charges for the services rendered from which the Ssolid Wwaste/General Services Ddepartment will flex up or down to be cost-competitive effcTfer-tiP'e while providing the most economical service to customers. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Ordinance No. 8025-09 27 Item # 9 Attachment number 1 Page 28 of 28 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Camilo A. Soto Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 28 Ordinance No. 8025-09 Item # 9 ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8069-09 on second reading, amending Chapter 22, Parks, Beaches, Recreation, Article 11, Use Regulations, Section 22.24(2) modifying park hours for Mandalay Park. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 5 ORDINANCE NO. 8069-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PARKS; AMENDING CHAPTER 22, PARKS, BEACHES, RECREATION, ARTICLE II, USE REGULATIONS, SECTION 22.24(2), MODIFYING PARK HOURS FOR MANDALAY PARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances currently empowers the city manager to regulate the time, place and manner in which City park property is to be used and enjoyed by the public; and WHEREAS, it is beneficial and necessary to amend Code of Ordinance regulations, relating to the hours of operation for city parks from time to time in the interest of the public health, safety and welfare and for the preservation of public property; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. That Chapter 22, Section 22.24 of the Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: Chapter 22 Parks, Beaches, Recreation* Article II. Use Regulations* (2) The hours of operation for each city park, as may be amended from time to time, are as follows: NO. SITE NAME 1. CLOSED FROM SUNSET UNTIL SUNRISE: 1 ALLEN'S CREEK PARK 2 ALLIGATOR LAKE 3 BAY PARK ON SAND KEY 4 MYRON A. SMITH BAYVIEW PARK 5 CEDAR GROVES Item # 10 Attachment number 1 Page 2 of 5 6 CHARLES PARK 7 CHARTER OAKS 8 LAKE CHAUTAUQUA PARK 9 CHAUTAUQUA PARK NORTH (Enterprise Rd.) 10 CHAUTAUQUA PARK SOUTH 11 CHERRY HARRIS PARK 12 CLIFF STEPHENS PARK 13 COOPERS BAYOU PARK 14 COUNTRY HOLLOW PARK 15 CYPRESS BEND PARK 16 CYPRESS POINT PARK 17 D.D. DAVIS PARK 18 DREW PLAZA 19 GARDEN AVENUE PARK 20 GLEN OAKS PARK 21 GLENWOOD PARK 22 HARDING PLAZA 23 HIBISCUS LAKE 24 HILLCREST PARK 25 LAKE HOBART SOUTH 26 LAKE LUCILLE 27 MANDALAY PARK 2-7- 28 NO. GREENWOOD REC/AQUATIC COMPLEX PLAYGROUND 2-9-29 NORTHEAST COACHMAN PARK 29 30 NORTHWOOD PARK 99 31 OVERBROOK PARK 34 32 SALLS LAKE 1 & 2 32 33 SOULE ROAD PARK 93 34 SPRING LAKE PARK 94 35 STATE STREET PARK Item # 10 Attachment number 1 Page 3 of 5 65 36 STATION SQUARE PARK 66 37 SUNSET POINT ROAD PLAYFIELD 6? 38 TERRACE LAKE 66 39 TOWN PLACE PARK 2. CLOSED FROM 9:00 PM UNTIL 6:00 AM: 39 40 COACHMAN PARK 49 41 COURTNEY CAMPBELL RECREATION AREA 44 42 COUNTRYSIDE LIBRARY PLAYGROUND 42-43 MAGNOLIA STREET DOCK 46 44 MEMORIAL PARKS 1 & 2 44 45 MORNINGSIDE RECREATION COMPLEX 45 46 NO. GREENWOOD REC. & AQUATIC COMPLEX 46 47 PROSPECT LAKE PARK 47- 48 ROSS NORTON COMPLEX & ED WRIGHT PARK 46 49 TURNER STREET DOCK 4-9 50 WOOD VALLEY RECREATION CENTER 3. CLOSED FROM 10:00 PM UNTIL 6:00 AM: ,59 51 BAYFRONT TENNIS COMPLEX 54 52 BELMONT PARK 52 53 CLW. BEACH FAMILY AQUATIC & REC. CMPLX. ,59 54 COACHMAN RIDGE PARK ,54 55 COUNTRYSIDE COMMUNITY PARK 55- 56 DEL ORO PARK (Trail: Sunrise to Sunset) 56 57 FRANK TACK PARK 5? 58 MARYMONT PARK 56 59 MONTCLAIR PARK ,59 60 PLAZA PARK 69 61 SID LICKTON PARK & FRED COURNOYER CT. 64 62 SUNSET SAM PARK AT ISLAND ESTATES 162 63 U.S. 19 SOCCER PRACTICE FIELDS Item # 10 Attachment number 1 Page 4 of 5 63 64 VALENCIA PARK 4. CLOSED FROM 11:00 PM UNTIL 6:00 AM: 64 65 CREST LAKE PARK 66 66 EDGEWATER DRIVE PARK 66 67 FOREST RUN PARK 6? 68 JOE DIMAGGIO COMPLEX 66 69 LONG CENTER 6-9 AA NIDAILAYIPAR-14- 70 0 McKAY PLAYFIELD 71 PIER 60 PARK 72 WOODGATE PARK 5. OPEN 24 HOURS PER DAY: 73 CLEARWATER BEACH 74 MEMORIAL CAUSEWAY 75 SAND KEY BAYSIDE PARK 76 SEMINOLE DOCKS 6. OPEN FOR SCHEDULED PROGRAMMING ONLY: 77 CARPENTER FIELD 78 COOPERS POINT NATURE PARK 79 COUNTRYSIDE SPORTS COMPLEX 80 DAVID MARTIN SOCCER FIELDS 81 E. C. MOORE COMPLEX (1-9) 82 HENRY L. MCMULLEN TENNIS COMPLEX 83 LAWN BOWLS & SHUFFLEBOARD COMPLEX 84 MISSOURI AVE. (DOT) 85 MOCCASIN LAKE NATURE PARK 86 PHILLIP JONES PARK CITY OWNED PROPERTIES- LEASED TO OTHERS (Hours of operation established by Lessee): 87 BRIGHTHOUSE NETWORK FIELD 88 CHI-CHI RODRIGUEZ GOLF COURSE Item # 10 Attachment number 1 Page 5 of 5 89 CLEARWATER COUNTRY CLUB 90 CLEARWATER EXECUTIVE GOLF COURSE 91 HARBORVIEW CENTER 92 HOLT AVE. PROPERTY 93 JACK RUSSELL STADIUM 94 KINGS HIGHWAY RECREATION CENTER 95 MARTIN LUTHER KING RECREATION CENTER 96 PERFORMING ART CENTER & THEATER (PACT) 1 97 SAILING CENTER 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: Laura Mahony Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 5 Item # 10 ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8074-09 on second reading, amending Section 22.40, Clearwater Code of Ordinances, to require the leashing of dogs located at specified areas on Clearwater Beach and requiring the removal of pet defecation. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8074-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO DOMESTIC ANIMALS; AMENDING SECTION 22.40, CLEARWATER CODE OF ORDINANCES, TO REQUIRE THE LEASHING OF DOGS LOCATED AT SPECIFIED AREAS ON CLEARWATER BEACH AND REQUIRING THE REMOVAL OF PET DEFECATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, on Clearwater Beach, dogs are prohibited on the public bathing beach, which is bounded on the north by Somerset Street; and WHEREAS, dogs are not prohibited on the sandy beach or swimming areas abutting the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach; and WHEREAS, the City Council heard evidence at its meeting on May 7, 2009, from the Clearwater Audubon that dogs have an adverse affect on the nesting of shore birds; and WHEREAS, the City Council also heard the testimony from dog owners who own property on the northern portion of Clearwater Beach and who have used the sandy beach as a recreation area for themselves and their dogs; and WHEREAS, the City Council has determined that a balance can be achieved between the protection of shore birds and the use of the sandy beach by dog owners if dogs are required to be restrained and on adequate leashes when the dogs are on the sandy beach or in the swimming areas abutting the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach; and WHEREAS, the City Council has also determined that the health, safety, and welfare of individuals is enhanced when pet owners or those in charge of the pet are required to remove all feces deposited by such animal on the sandy beach; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 22.40, Clearwater Code of Ordinances, is hereby amended to read as follows: Ordinance No.IbW4 911 Attachment number 1 Page 2 of 2 Sec. 22.40. Domestic animals. (1) Dogs and other pets shall be excluded from any place where food and drinks are consumed or where posted. (2) Dogs shall at all times be restrained and on adequate leashes when the dog is on the sandy beach or in the swimming areas abutting the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach. JJR4 Other than as specifically provided for below, in those park areas where dogs and other pets are allowed, the dogs shall at all times be restrained and on adequate leashes, and all other pets shall be under constant physical control of a person. J41{3) At Crest Lake and Enterprise Dog Parks only, there are areas designated for dogs off leash. Dogs in these designated areas must be accompanied by their owner, be under vocal control and not cause a public nuisance, safety hazard or harass wildlife. ?Q4} All pets shall be excluded from all public beaches, public pools, and swimming areas abutting public beaches and parks. ?Q{5) In the case of dog and other pet defecation on park property, the Courtney Campbell Recreation Area, or the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach, the owner or person in charge or in control of the dog or other pet shall remove all feces deposited by such animal and dispose of same in a sanitary manner. M{me} Seeing Eye dogs, guide dogs, signal dogs, or other animals individually trained to provide assistance to an individual with a disability shall be permitted in all public areas and public facilities. An individual with a disability utilizing such animals shall be excluded from the requirement contained in subsection (6) {&) if the individual is physically incapable of removing the excrement deposited by the animal. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Robert J. Surette Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. M74-0911 ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8075-09 on second reading, relating to fireworks displays, amending Subsection (2)(a) of Section 17.06, Clearwater Code of Ordinances, to prohibit the issuance of permits on specified areas of Clearwater Beach during specified times. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8075-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO FIREWORKS DISPLAYS; AMENDING SUBSECTION (2)(A) OF SECTION 17.06, CLEARWATER CODE OF ORDINANCES, TO PROHIBIT THE ISSUANCE OF PERMITS ON SPECIFIED AREAS OF CLEARWATER BEACH DURING SPECIFIED TIMES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council heard evidence at its meeting on May 7, 2009, from the Clearwater Audubon that human activities, such as fireworks displays, have an adverse affect on the nesting of shore birds on the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach; and WHEREAS, the City Council has determined that a balance can be achieved between the protection of shore birds and the use of the sandy beach by prohibiting the issuance of permits to conduct a fireworks display or a pyrotechnic special effect display during the breeding season of shore birds; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Subsection (2)(a) of Section 17.06, Clearwater Code of Ordinances, is hereby amended to read as follows: Sec. 17.06. Fireworks displays and open fires. *************** (2) Permit required per the Florida Fire Prevention Code. (a) No person shall use, possess, store, manufacture, sell, or discharge fireworks within the jurisdiction in violation with F.S. 791. A permit for fireworks display or a pyrotechnic special effect display, must first be obtained prior to commencing such activity in accordance with the applicable NFPA Standard, except that no permit shall be issued from February 1St through August 31St for any display on the publicly owned beach abutting the Gulf of Mexico from the boundary of Somerset Street to the northern most boundary of Clearwater Beach. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Ordinance No.l-@512 Attachment number 1 Page 2 of 2 Approved as to form: Robert J. Surette Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No.l-@512 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve settlement of the liability claim of Gregory Bidlow for payment of $45,000. (consent) Meeting Date:6/18/2009 SUMMARY: On April 15, 2007, a city gas employee struck Mr. Bidlow's vehicle. Mr. Bidlow was on a through street and had the right of way. Our gas employee was stopped at a stop sign and did not see Mr. Bidlow approaching and pulled into the path of Mr. Bidlow. Mr. Bidlow's vehicle was a total loss, and we paid $21,577. Mr. Bidlow was wearing a seat belt, and sustained injuries to his shoulder, back, wrist, and neck. Mr. Bidlow is scheduled to have an anterior cervical discectomy and fusion at C4-5 and C5-6 levels. Mr. Bidlow's current medical expenses are approximately $17,000, and the anticipated cost of the cervical surgery is in excess of $50,000. The City's limit of liability as provided by Section 768.28, Florida Statutes is $100,000. The City's Risk Management Division and City's Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: $45,000 For Fiscal Year: 10/1/08 to 9/30/09 Budget Adjustment: No Annual Operating Cost: Total Cost: $45,000 Appropriation Code Amount Appropriation Comment 590-07000-545900-519-000 $45,000 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 13 City Council Agenda Council Chambers - City Hall Meeting Date:6/18/2009 SUBJECT / RECOMMENDATION: Approve payment in an amount not to exceed $40,000 from the Central Insurance Fund for resolution of claim 09000123 to the City of Clearwater. (consent) SUMMARY: City vehicle G3533, a 2009 Chevrolet Suburban rescue unit, was damaged when a citizen vehicle pulled out of a driveway and directly into its path. The City vehicle was damaged beyond repair. Cost of the vehicle itself was $33,300, and the city will incur significant additional expense to remove and reinstall much of the specialty equipment secured to this vehicle. The other party's insurer has not yet accepted liability for this accident, therefore, Risk Management is requesting approval to "settle" this claim with the City (Fleet Maintenance and Clearwater Fire and Rescue) to allow the replacement vehicle to be purchased as soon as possible. Risk Mangement will continue to attempt collection from the at fault driver but that could take some time. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Type: Other Current Year Budget?: Yes Budget Adjustment: Budget Adjustment Comments: Current Year Cost: Annual Operating Cost: Not to Exceed: $40,000 Total Cost: For Fiscal Year: to Appropriation Code Amount Appropriation Comment 590-07000-545900-519-000 $40,000 None Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 14 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/18/2009 Accept $144,888 for funding two summer camp programs, approve the corresponding agreement from Coordinated Child Care and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater Parks and Recreation Department has been awarded funding totaling $144,888 for FY 08-09 from Coordinated Child Care a non-profit, 501 c (3) agency. Council approval is required for each subsequent agreement. Since the program began in 2000, JWB Children's Services Council of Pinellas County was the contract agency. This year, JWB is granting all of the youth development, out of school time funding, to Coordinated Child Care. JWB has decided to consolidate all of this type of program under one administrative service agency. The City programs a summer camp for 140 economically disadvantaged children aged 9-14 years at the North Greenwood Recreation Complex and Ross Norton Recreation Complex. Camp activities will include: math and reading practice, drama, visual art, poetry, fitness, swimming, field trips, games and sports. This program is compatible with JWB's Strategic Plan in the following areas: providing a substance abuse program, skill development activities, children aged 9-14 years, community-based activities, structured activities, support from 3 or more adults, quality services and activities while preventing problem behaviors. The City will provide in-kind support to the Middle School Aged Summer Scholarship Program by providing supervisory oversight. There is no requirement to continue the program when the grant ends. The following special project numbers have been established for accounting purposes: 181-99822 - Juvenile Welfare Board/ Ross Norton Recreation Center 181-99835 - Juvenile Welfare Board/ N. Greenwood Recreation Complex Type: Other Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: Funding from Coordinated Child Care. Current Year Cost: $144,888 Annual Operating Cost: $144,888 Not to Exceed: $144,888 Total Cost: $144,888 For Fiscal Year: 2008 to 2009 Appropriation Code Amount Appropriation Comment 181-99822 49,035 181-99835 95,853 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6)ai4t Vatuger 7) Clerk Item # 15 Attachment number 1 Page 1 of 13 AGREEMENT Between COORDINATED CHILD CARE OF PINELLAS, INC. and City of Clearwater, Florida, Parks and Recreation Department Out of School Time Program- (OST) PURPOSE Coordinated Child Care of Pinellas, Inc., hereinafter referred to as "CCC", and City of Clearwater, Florida, Parks and Recreation Department hereinafter referred to as "Provider", enter into this mutual Agreement, including all attachments referred to herein, for the period commencing June 3, 2009 and extending through September 30, 2009. STAFF Provider agrees to employ staff, at its expense, to execute services provided in accordance with this Agreement. Such individuals shall not be considered employees of CCC or the Juvenile Welfare Board The Children's Services Council of Pinellas County (JWB), and are subject to the supervision, personnel practices and policies of the provider. Unless otherwise approved by CCC, all staff shall meet qualifications as stated and in accordance with approved program methodology job descriptions on file at CCC and any approved revisions which are submitted for FY08-09 agreement year. III. SERVICES Provider agrees to deliver services as stated in the currently approved program methodology on file at CCC; and to comply with General Conditions in Attachment 1; and to accomplish objectives stated in Attachment 2 in accordance with recognized child welfare practices, as determined by CCC; and comply with any Special Conditions listed in Attachment 3; and abide by budget as listed/approved in Attachment 4; and comply with reimbursement schedule listed in Attachment 5. IV. FUNDS A. The budget detail and narrative for both CCC and other funds (if any) for accomplishing the above stated services shall be as set forth in Attachment 4. CCC agrees to reimburse Provider at a daily attendance rate of 16.02 per day for up to but not to exceed 58 care days for a maximum allocation of 140 OST Summer program scholarship slots totaling a maximum earning potential of up to but not to exceed $123,354 commencing June 3, 2009 and ending August 23, 2009 for services rendered pursuant to this Agreement and in accordance with program attendance and eligibility requirements. B. The budget detail and narrative for both CCC and other funds (if any) for accomplishing the above stated services shall be as set forth in Attachment 4. CCC agrees to reimburse at a daily attendance rate of 13.26 per day for up to but not to exceed 28 care days for a maximum allocation of 58 OST Fall program scholarship slots totaling a maximum earning potential of up to but not to exceed 21,534 commencing August 24, 2009 and ending September 30, 2009 for services rendered pursuant to this Agreement and in accordance with program attendance and eligibility requirements. V. METHOD OF PAYMENT A. CCC issues reimbursements in accordance with the schedule listed on Attachment 5 (or on the preceding working day in case of a holiday). A request for bi-weekly reimbursements may be considered with CCC prior approval and based on a documented need. Request for payment must be accompanied by the appropriate documentation as prescribed by CCC. B. Reimbursement payments cannot exceed maximum allowable reimbursement qualified to earn for the current payment/reimbursement period. C. Requests for advance funds may be made, consistent with CCC/JWB policy. CCC-OST Agreement FY08-09 (Summer-Fall) Item # 15 Page 1 of 17 Attachment number 1 Page 2 of 13 D. Provider agrees to return any disallowed funds pursuant to the terms of this Agreement that were disbursed to the provider by CCC for FY08-09 commencing Oct 1, 2008 and ending September 30, 2009. Such funds are considered funds belonging to the Funder and will be remitted to CCC on behalf of the Funder upon request in accordance with its instructions. CCC reserves the right to withdraw funds through reverse EFT within five (5) days if overpayment of any type is made as applicable. In the event that CCC utilizes reverse EFT to recover disallowed funds, CCC will make every effort to contact the Provider prior to withdrawal of funds. VI. TERMINATION A. It is the intent of the CCC/JWB to assure a consistent and orderly delivery of children's services. It is the further intent of CCC/JWB to terminate Agreements only in those situations where such action is essential to protection of its interests and the interests of children, as determined solely by CCC/JWB. B. In the event funds to finance this Agreement become unavailable, CCC/JWB may terminate the contract upon no less than twenty-four (24) hours notice in writing to the Provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. CCC shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management to provide 30 days notice for Termination for Lack of Funds. CCC/JWB shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. C. In addition to the rights as set forth in paragraph VI. 2 above, this Agreement may be terminated by CCC/JWB for any reason whatsoever upon twenty-four (24) hours written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. E. The above provisions shall not limit CCC/JWB s right to remedies at law or to damages. VII. COMMENCEMENT OF PAYMENT Unless specifically authorized by CCC/JWB, payment for services rendered under this Agreement shall not commence prior to the effective date of this contract. IN WITNESS THEREOF, the parties have caused this two page Agreement including all accompanying Attachments to be executed by their undersigned officials as duly authorized. Coordinated Child Care of Pinellas, Inc. Authorized Representative Print/Type Name: Doug Oakes Title: Assistant Executive Director Signature Date City of Clearwater, Florida, Parks and Recreation Department Authorized Representative: Print/type Name Title: Signature Date CCGOST Agreement FY08-09 (Summer-Fall) Item # 15 Page 2 of 17 Attachment number 1 Page 3 of 13 Countersigned: Frank V. Hibbard Mayor CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Approved as to form: Laura Lipowski Mahony Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk CCC-OST Agreement FY08-09 (Summer-Fall) Item # 15 Page 3 of 17 Attachment number 1 Page 4 of 13 ATTACHMENT 1 GENERAL CONDITIONS OF THE AGREEMENT Agreement Revisions & Modifications A. This Agreement and its attachments constitute the contractual relationship between the Provider and CCC. If there is any discrepancy between program-related documents, this contract preempts all other documents. No amendments to this Agreement or its attachments may be made without the prior written approval of CCC and Provider, except as may be provided in General Condition #4. B. CCC reserves the right to waive requirements of the General Conditions or any and all Attachments to this Agreement where warranted by special circumstances. C. Emergency problems with availability of funding may result in temporary or ongoing reductions after a minimum of twenty-four (24) hour written notice. JWB and/or CCC will be the sole and final authorities as to the availability of funds for this Agreement. 2. Fiscal Responsibility - Provider agrees: A. To maintain books, records and documents in accordance with generally accepted accounting procedures and practices which accurately and appropriately reflect all expenditures of funds listed in Attachment 4. B. That all financial records and supporting documentation shall be subject at all times to inspection, review, or audit by CCC and/or JWB personnel or CCC/JWB duly authorized agent. C. To maintain and file with CCC in a timely fashion reports related to services provided under this Agreement. D. To retain all financial records, supporting documentation, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, all records shall be retained until resolution of audit findings. E. Payments During Disaster Recovery: CCC/JWB agrees to support previously approved funded programs unable to provide normal services for a period of at least 60 days after a disaster has been declared, provided the program agrees to comply with requests of CCC/JWB and the Human Services Disaster Recovery Leadership Network Task Force. The Provider will submit to CCC a copy of the agency's current contract year Continuity Of Operations Plan (COOP) within thirty days of the effective date of this agreement. 3. Audit and Management Letter A. The Provider agrees to submit to CCC an independent audit of the financial statements of the entity in its entirety and any accompanying management letter(s) immediately upon receipt by the Provider's board, but within a period not to exceed 120 days of the close of the agency's fiscal year. The audit must be performed by a firm licensed to perform audits in the State of Florida and conducted in accordance with generally accepted auditing standards and standards established by the American Institute of Certified Public Accountants. The audit will separately identify CCC/JWB revenues, fees and donations, and expenditures by the CCC program under this agreement. B. The provider's auditor shall not provide any non-audit service to an issuer contemporaneously with the audit, including: (1) bookkeeping or other services related to the accounting records or financial statements of the audit client; (2) financial information systems design and implementation; (3) appraisal or valuation services, fairness opinions, or contribution-in-kind reports; (4) actuarial services; (5) internal audit outsourcing services; (6) management functions or human resources; (7) broker or dealer, investment adviser, or investment banking services; (8) legal services and expert services unrelated to the audit. CCC-OST Agreement FY08-09 (Summer-Fall) Item # 15 Page 4 of 17 Attachment number 1 Page 5 of 13 4. Other Financial Support A. Provider will report within fifteen working days any changes in other non- CCC/JWB revenue that relates to this program as they occur during the agreement year. B. CCC/JWB funds will not be used for expenditures also funded by other sources. C. Generally, CCC/JWB encourages use of its funds as financial match for securing funds from other sources. However, in such instances Provider is required to obtain prior approval from CCC. D. Revenues earned in CCC/JWB funded program must remain in the funded program, as a condition of funding. 5. Program Monitoring A. Provider agrees to submit progress reports and other information as may be prescribed by CCC/JWB and to cooperate in site visits and other on-site monitoring including, but not limited to, access to sites, staff, fiscal and participant records, and logs and the provision of related information. B. Provider is responsible for entering all program, fiscal, and all other required data into SAMIS. Program staff will adhere to SAMIS Business Rules and all staff who have any responsibility (supervisory or direct) for SAMIS data entry will be trained in SAMIS within sixty (60) calendar days of hire. The Provider will notify the SAMIS Help Desk immediately (maximum of 48 hours) when a staff person's access to SAMIS must be inactivated due to the reasons outlined in SAMIS Business Rules. C. Provider agrees to cooperate with CCC corrective action policy and procedures. Provider agrees to provide CCC/JWB representatives access, without presence of the Provider supervisor, to staff or program participants during any monitoring with or without advance notice. D. Programs charging a fee for services supported by CCC/JWB funding in this program must forward a copy of the fee schedule to CCC. E. Governmental entities are exempt from fiscal and personnel file review. 6. Board Members and Meetings Within 30 days of the effective date of this Agreement, Provider will submit to CCC a calendar of scheduled Board meetings for the current fiscal year. Approved Board minutes and an updated list of Board Members shall be submitted to CCC within thirty calendar days of approval. 7. Nondiscrimination Programs receiving funding from the CCC/JWB shall not discriminate against an employee, volunteer, or participant of the provider on the basis of race, color, gender, religion, national origin, citizenship, disability, marital status, or age except that programs may target services for specific participant groups as defined in the application. Additionally, agencies receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, and ethnic backgrounds. 8. Publicizing of JWB Support Provider agrees to identify JWB support on its letterhead, agency newsletter, and other printed materials, and to utilize every reasonable opportunity to publicize the support received from JWB. CCC-OST Agreement FY08-09 (Summer-Fall) Item # 15 Page 5 of 17 Attachment number 1 Page 6 of 13 9. Publications Provider agrees to supply CCC, without charge, up to three (3) copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by JWB. Provider agrees that CCC/JWB will have unlimited use of copyrighted materials developed under this Agreement. 10. Assignments and Subcontracts Provider shall not assign the responsibility of this Agreement to another party nor subcontract for any of the work contemplated under this Agreement, unless so specified in Attachment 4, without prior written approval of CCC. No such approval by CCC of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation by CCC addition to the total dollar amount stated in this Agreement. All such assignments or subcontracts shall be subject to the conditions of this Agreement and to any conditions of approval that CCC shall deem necessary. 11. Confidential Information Provider shall not use or disclose any information which specifically identifies a recipient of services under this Agreement, and shall adopt appropriate procedures for employees' handling of confidential data with the following exceptions: a) such information may be revealed as may be necessary to implement General Conditions 2 and 5; b) such information may be revealed as may be necessary pursuant to applicable federal, state, or local law and related regulations; and c) such information may be revealed with the written consent (authorization) of the recipient, or the recipient's responsible parent or guardian, where authorized by law. The provider is responsible to adopt appropriate policies, notifications, authorizations, and other relevant information that allows for the sharing of confidential information. 12. Return of Funds Provider agrees to return to CCC any overpayment due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Provider by CCC, and such funds shall be considered CCC/JWB funds and shall be refunded to CCC/JWB in accordance with its instructions. 13. Special Situations Provider agrees to inform CCC in a timely manner of any circumstances or events which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. This includes the reporting of any critical incidents, including anything that may reflect negatively or critically upon CCC. Specifically, the Provider shall notify CCC immediately upon knowledge of any incident resulting in the injury to a program participant. Within 24 hours, the Provider must submit a completed Incident Report to CCC with full details and disposition of the incident. In addition, the Provider shall notify CCC immediately upon knowledge of any action or incident involving agency staff or volunteers that could potentially jeopardize the terms of this Agreement which includes misconduct, malfeasance during working hours, or any conduct that results in the arrest of a staff member or volunteer after hours. 14. Provider Staff Membership on Board Provider agrees that provider staff shall not serve as members of the Provider's governing board. 15. Waiver CCC reserves the right to waive requirements of this Agreement and General Conditions where warranted by special circumstances. 16. Agency & Program Data Maintained In 2-1-1 Database Provider agrees to maintain accurate and up-to-date agency and program data in the 2-1-1 Tampa Bay Cares database. The Provider will review and update (as necessary) this data at least once annually. The Provider will list data for newly funded program(s) within thirty (30) calendar days of the date that CCC funds the program. This requirement applies to all programs accepting 2-1-1 referrals. CCC-OST Agreement FY08-09 (Summer-Fall) Item # 15 Page 6 of 17 Attachment number 1 Page 7 of 13 17. Funded Agency Staff Background Checks All staff involved in a program funded by CCC/JWB are required to undergo a national background check that includes fingerprinting. This requirement applies to employees regardless of the funder supporting the position and all volunteers who may interact with youth. The Provider's policy and practice must provide for adequate protection. 18. Youth Worker Training BEST training for year round staff working directly with youth (ages 11 to 17) is required. The Provider must have a CCC-approved plan to ensure full compliance by 9/30/2010. 19. Link to JWB's Websites Providers with an agency website will include links on their website to the JWB website (www.jwbpinellas.org) and JWB's About Pinellas Kids website (www.aboutpinellaskids.org) including the respective logos. 20. Drug-Free Workplace As applicable, the Provider will comply with the Drug-Free Workplace Act, Section 440.101, Florida Statutes. 21. Public Entity Crimes Per Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with a public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 22. CCC/JWB Policies and Procedures Provider agrees to follow all CCC/JWB policies and procedures which are incorporated into this Agreement in their entirety. Said policies include, but are not limited to, all CCC/JWB Board policies, funding policies, SAMIS business rules and policies that may be promulgated by CCC/JWB within its sole discretion from time to time. CCC/JWB reserves the right to change these policies with no prior notice from time to time within its sole discretion and it is the responsibility of the provider to be in compliance with all CCC/JWB policies and procedures at all times. 23. Insurance, Public Liability, Bodily Injury, and Property Damage The Provider will procure, pay for, and maintain, throughout the period of this Agreement, on behalf of the Provider, CCC/JWB, the following insurance coverage with responsible companies, eligible to do business in the State of Florida, acceptable to CCC/JWB: Commercial General Liability for premises and operations of the Provider including Personal Injury and Contractual for this Agreement, with CCC/JWB as an additional insured for the operations of the Provider, with limits for Bodily Injury, Property Damage and Personal Injury of not less than: Each Occurrence $1,000,000 Personal Injury $1,000,000 General Aggregate $1,000,000 Products & Completed Operations $1,000,000 Fire Legal Liability $50,000 Automobile Liability Insurance for the Provider's operation, maintenance and use of owned, non- owned, hired, and leased automobiles, with the interest of the CCC/JWB included as an insured, with limit of not less than: CCC-OST Agreement FY08-09 (Summer-Fall) Item # 15 Page 7 of 17 Attachment number 1 Page 8 of 13 Bodily Injury & Property $500,000 each accident Damage Liability $500,000 each accident The Provider will submit to CCC a certificate of insurance which describes the insurance maintained by the Provider. The certificate will state that the insurance company will not cancel the insurance except on 15 day's prior written notice to CCC. 24. Indemnification The Provider will indemnify and hold harmless the CCC/JWB, its agents, and employees from and against any and all liabilities, claims, judgments, or actions including court costs and attorney's fees that may hereafter at any time be made or brought by anyone on account of any personal injury, property damage, loss of monies, civil rights violation, or discrimination allegedly caused or occurring in whole or part by any breach of contract; negligent, wrongful or intentional act or omission; or used on any acts of fraud or defalcation of the Provider, its agents, employees, or subcontractors, during performance under this Agreement. In no event will the Provider be liable for or have any obligation to defend CCC/JWB against such liability, claims, judgments, or actions, including costs and attorney's fees, arising out of the sole negligent acts of CCC/JWB. (Any required information/clause(s) in addition to this section as stated above will be noted in Attachment 3 Special Conditions as applicable) 25. Attendance A. Provider is required to maintain daily participant attendance records in accordance with CCC/JWB established attendance policies/guidelines and enter participant attendance into SAMIS regularly and before the 3rd of the following month. Provider will retain daily attendance records as supporting documentation/back-up in accordance with record retention policy B. Provider is responsible for maintaining a sign-in/sign-out sheet on all participants attending their OST program. Provider will maintain these records on site as supporting documents for attendance and will have them available to review upon request. Provider will retain sign-in/sign-out records in accordance with record retention policy. C. Provider is required to have an attendance policy for their OST program in accordance with the CCC OST Attendance Guideline and provide parents/guardians with a written copy of said policy. 26. Eligibility A. Provider Understands Payment will be made only for those services specified in this Agreement as authorized by CCC for participants who have been properly certified as eligible and authorized in advance for CCC reimbursement. No payment can be made for those participants who have been determined ineligible or for any unfilled/vacant OST allocated scholarship slot. The Provider agrees to serve as a conduit for information between the participant(s) family and CCC when it is deemed in the best interest of the participant(s)/family. B. Provider is responsible for complying with policies, procedures and guidelines as established by CCC/JWB related to OST eligibility determination, redetermination of scholarship, reinstatement, enrollment, attendance and for timely notification of any changes to the above, to all applicable parties, as appropriate and in accordance to established guidelines. 27. Geographical Service Area A. To provide quality Out of School Time Program services in Pinellas County, Florida for participants who meet the eligibility and enrollment requirements of CCC/JWB whose parents/guardians have chosen their facility. B. Provider agrees whenever possible to maintain service sites which are accessible by public transportation and convenient to the target participant zone in accordance with funder requirements and geographical services identified in the Providers current approved methodology. C. Provider will advise CCC of any requested changes made in service sites. The Provider agrees that any site(s) change(s) will be submitted in advance to CCC for review and must be approved at least ten (10) days in advance by CCC. Changes must be in accordance with Funder identified participant zones and program methodology. CCC-OST Agreement FY08-09 (Summer-Fall) Item # 15 Page 8 of 17 Attachment number 1 Page 9 of 13 ATTACHMENT 2 City of Clearwater Charting the Course for Youth-OST MEASURABLE OBJECTIVES & SERVICE LEVELS FY08-09 (June 3, 2009 to September 30, 2009) Participant Level Measurable Objectives (CDG) All Primary Participants will be measured through the Measurable Objective reporting module in SAMIS within the contract period. Measured is defined as each participant having all the appropriate administration points required during the fiscal year based on the language of each Measurable Objective. Service Component: General Youth Services (163) Objective ID Objective Description Target Level % 2758 Increased Resiliency - Internal Strengths 70 % Seventy percent (70%) of primary youth (ages 9 and over) will show significant improvement in developing internal assets. Significant improvement is defined as an increase of at least 7 points on the internal resiliency assets component of the Healthy Kids Resilience Assessment (HKRA). For youth entering the program at age 9 or older, they should be attached to the Service Component and the HKRA will be administered within two (2) weeks of program entry and each year on the anniversary date of program intake or at episode closure. For youth who turn age 9 during the program year, they should be attached to the Service Component and the HKRA should be administered within two (2) weeks of their next anniversary date of intake and each year on their anniversary date or at episode closure. Staff will enter data into SAMIS within two (2) weeks of data collection. (CDG Summary) 2759 Increased Resiliency - External Support 70 % Seventy percent (70%) of primary youth (ages 9 and over) will show significant improvement in developing external assets. Significant improvement is defined as an increase of at least 11 points on the external resiliency assets component of the Healthy Kids Resilience Assessment (HKRA). For youth entering the program at age 9 or older, they should be attached to the Service Component and the HKRA will be administered within two (2) weeks of program entry and each year on the anniversary date of program intake or at episode closure. For youth who turn age 9 during the program year, they should be attached to the Service Component and the HKRA should be administered within two (2) weeks of their next anniversary date of intake and each year on their anniversary date or at episode closure. Staff will enter data into SAMIS within two (2) weeks of data collection. (CDG Summary) Service Component: Summer Program (609) Objective ID Objective Description Target Level % 2965 Increased Resiliency - Internal Strengths 70 % Seventy percent (70%) of primary youth (ages 9 and over at the start of the summer program) who did not attend the year-round program (participants are summer only) will show significant improvement in developing internal resiliency assets. Significant improvement is defined as an increase of at least 4 points on the internal assets component of the Healthy Kids Resilience Assessment (HKRA). The HKRA will be administered during the first week of summer camp and during the last week of summer camp. Staff will enter data into SAMIS within two (2) weeks of data collection. (CDG Summary) CCC-OST Agreement FY08-09 (Summer-Fall) Item # 15 Page 9 of 17 Attachment number 1 Page 10 of 13 2966 Increased Resiliency - External Support 70 % Seventy percent (70%) of primary youth (ages 9 and over at the start of the summer program) who did not attend the year-round program (participants are summer only) will show significant improvement in developing external resiliency assets. Significant improvement is defined as an increase of at least 4 points on the external assets component of the Healthy Kids Resilience Assessment (HKRA). The HKRA will be administered during the first week of summer camp and during the last week of summer camp. Staff will enter data into SAMIS within two (2) weeks of data collection. (CDG Summary) Manual Measurable Objectives Objective ID Objective Description MMO-669 Eighty percent (80%) of primary youth will attend the after school program a minimum of 3 days per week for the duration of the after school program. Program staff will take attendance daily within the first two hours of program operation. Staff will enter data into SAMIS prior to submission Contracted Service Levels Failure to meet one or more of the Contracted Service Levels identified below may result in a reduction in the funding allocation and service levels. Participant Contracted Service Levels Case Data Gatt Primary Participants Contracted Primary Youth Summer (Jun 3 -Aug 21, 09) Contracted Primary Youth Fall: (Aug 24 - Sep 30, 09) Contracted Primary Adults: Total Contracted Primary Participants: serer (CDG) Baseline Data Collection Baseline Data Collection 0 Baseline Data Collection There are no Secondary Participants or Group Contracted Service Levels required in this agreement. CDG (Case Data Gatherer): The module in SAMIS where information for the case, participant, episode, and the measurable objective is entered and viewed. CCC-OST Agreement FY08-09 (Summer-Fall) Item # 15 Page 10 of 17 Attachment number 1 Page 11 of 13 ATTACHMENT 3 SPECIAL CONDITIONS 1. General Condition #3 (Audit and Management Letter) is waived. 2. General Condition #6 (Board Members and Meetings) are waived. 3. General Condition #24 (Provider will have met General Condition #24 Insurance, Public Liability, Bodily Injury, and Property Damage by submission of a formal letter from the municipality indicating self insurance and summary explanation of that coverage). 4. Nothing herein shall be construed as a consent by the City of Clearwater Florida to be sued by third parties, or as a waiver or modification of the provisions of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. (Reference General Condition, paragraph 25). 5. Provider will submit an updated program methodology to CCC by close of business on August 14, 2009. 6.. Provider is required to collect Pinellas County School Board student ID numbers for all program participants and enter in SAMIS. CCC-OST Agreement FY08-09 (Summer-Fall) Item # 15 Page 11 of 17 Attachment number 1 Page 12 of 13 ATTACHMENT 4 BUDGET(S) The provider will deliver services according to the budget(s) as listed in Form 1 through Form 2 on the following page(s). Budgets are to be submitted by the provider in accordance with CCC policies and procedures. Provider may make budget amendments during the fiscal year in accordance with CCC forms and procedures as delineated in the budget amendment approval procedures. Copies of these procedures are available from CCC upon request. NOTE: Reimbursement is attendance based and must be in accordance with established attendance guidelines. Reimbursement may not exceed the maximum program allowable earned per qualified OST allocated scholarship slot for the payment period being requested, CCC-OST Agreement FY08-09 (Summer-Fall) Item # 15 Page 12 of 17 Attachment number 1 Page 13 of 13 ATTACHMENT5 REIMBURSEMENT SCHEDULE FY08-09 Attendance records are to be completed/entered by the 3rd of each month in accordance with Attachment 1 Section 25. If attendance records are approved by the 10th, payment will be processed and mailed on Thursday, as shown below: Records Approved Checks/EFT Remittance Mailed July 10, 2009 July 16, 2009 August 10, 2009 August 20, 2009 September 10, 2009 September 17, 2009 October 10, 2009 October 15, 2009 CCC encourages Electronic Fund Transfer (EFT) payments which will transfer your payment so that your bank should receive the payment on Friday immediately following the date of mailing indicated above. NOTE: If your attendance record is completed/entered prior to or after the 10th of the month CCC will make every attempt to process the payment within 10 days subject to JWB approval. CCC-OST Agreement FY08-09 (Summer-Fall) Item # 15 Page 13 of 17 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/18/2009 Approve co-sponsorship and waiver of requested City fees and service charges for FY 2009-2010 special events including six annual City events; and five City co-sponsored events (a reduction of seven events); at an estimated General Fund gross cost of $412,030 ($19,300 representing cash contributions and $392,730 representing in-kind contributions) and enterprise fund cost and fee waiver of $61,620 for the purposes of departmental budget submittals. (consent) SUMMARY: According to the City Council Policy, Item "M", Special Event Fees, there shall be an annual review of City sponsored/co- sponsored events during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the City Council at the beginning of the budget process each fiscal year. In the event additional money is requested beyond what is included in the approved budget, City Council approval will be needed before additional funds are dispersed. The chart shows cash and in-kind contributions requested to be included in FY 2009/2010 budget for City sponsored and co- sponsored special events. In addition, the 2008/2009 approved spreadsheet is provided for comparison purposes. "In-kind contributions" are included in operating budgets under various departments. General fund "in-kind contributions" decreased by $43,598 or a 10% reduction from FY2008/09. Decreases for FY2009/10 are as follows: Times Turkey Trot - $17,500 - PD staff will be working on duty Farmers Market - $3,000 Make A Difference Fishing Tournament - $1,000 Downtown Concerts - $7,000 North Greenwood MayFest - $5,000 Taste of Clearwater - $3,400 - Event to move with closing of Harborview Center San Genarro Festival (not held in 2009) - $17,000 Festival of Trees - $3,200 Increases for FY2009/10 are as follows: Sea Blues Fest - Approximately $8,000 to expand to 3-day event. Last year's event was 3 days also, but funds were used that were budgeted for San Genarro Festival Hispanic Concert - Approximately $8,500 for additional Police Department resources to maintain a safe event "Cash Requests" have been reduced by $15,000 (support for the Florida Orchestra), to $19,300 or a 44% reduction. Only the Martin Luther King Jr. Day ($4,750) and the Clearwater Jazz Holiday ($14,550) will receive cash. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment Comments: None for this fiscal year. Request for FY 2009/10 budget. Current Year Cost: Not to Exceed: $473,650 For Fiscal Year: 2009 to 2010 Budget Adjustment: None Cover Memo Annual Operating Cost: Item # 16 Total Cost: $473,650 Appropriation Code Amount Appropriation Comment Various general fund codes $412,030 Various general fund codes Various enterprise fund codes $61,620 Various enterprise fund codes Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 16 O O O O O O O O O O O O O O O 0 0 p? (» 6% R R It 6% ER 6% 6% O R R R O ER In a) O V (0 O In 1n > 00 d a V3 N? ER M(fT O O O O O O O O O O 0 0 O o NiJ NN O EA oo o cD s9 cD s9 o ? o ? cq b9 cq b9 o0 0 0 ?n 0 o o EA cD <r9 cD s9 cD s9 cD s9 o ? 0 o o EA p p - O (4 ? 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U) (O CO r 6% V N In 6% In In r . n C) -6 w F- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O (» 0 0 0 0 0 0 0 0 (» 0 O O (» O O (» in (0 N V (0 O N O (0 N M (0 N O M N to N r CO 6% O (0 O M O to r 1n N ?j U) ER (» N (» (» u) u) 6% ER ER ER 00 a) ? a 05 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (» (» (» (» v> (» 0 0 0 v> (» (» (» (» 0 v> 0 05 CM V) o N 0_ 0_ N 0_ o 00 -0 m 6% 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p t N V V 00 U) a) (» CO U LL 0 0) 0 rn 0 0 > 0 0 0 0 0 0 0 > O R 2 o Q z o 0 0 0 C? 0 t o m 0 6 > co > Q L > O Q c ) -0 ' 05 ' Q o z o p 0 ¢ ¢ cn z U) LL o z CO o z LL ¢ > ° z O O y N R ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ M M M M M M M M N N N M M N M N M N M W U N Y R ? Y LL q5 R a E U) 0 O a LL U ? R ? O ? R a) R N 0 ~ 0 a) C a) C7 m E y a U) O 05 a p r m >. a i Q U `R cn o 7 y -RO >. y > 2 o 11 2 ¢ a R N ( 2 Y 3 m 0 .N = () 4 2 . i fn a N H >` - n 0 3 ( ) lL R Attachment number 2 Page 1 of 1 ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the First Amendment to Covenants, Restrictions, Grant of Easements and Modification of Clearwater Commons Shopping Center Operational and Reciprocal Easement Agreement between DDR Southeast Clearwater Development, LLC, the City of Clearwater, and the Phillies and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater is a party of a Reciprocal Easement Agreement (REA) with other property owners known as the Clearwater Collection Shopping Center, located on the south side of Bright House Networks Field. The REA details use and access of common areas within the shopping center. Prior land interests have been consolidated by DDR Southeast Clearwater Development, LLC. In order to facilitate redevelopment of the DDR site, they have requested to formalize the practice of allowing other shopping center guests to park on the City's parcel during such time as the City and/or Phillies are not using for a City or Phillies event. DDR has agreed to have one high quality tenant who operates at least fifteen (15) stores in the southeastern United States. DDR has agreed to provide additional parking on event days and to not unreasonably withhold spaces. There will be no increase in operating costs or staffing. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 12 This instrument prepared by and after recording to be returned to: Jeffrey J. Wild, Esq. Benesch Friedlander Coplan & Aronoff LLP 2300 BP Tower 200 Public Square Cleveland, Ohio 44114 (216) 363-4500 FIRST AMENDMENT TO COVENANTS, RESTRICTIONS, GRANT OF EASEMENTS AND MODIFICATION OF CLEARWATER COMMONS SHOPPING CENTER OPERATIONAL AND RECIPROCAL EASEMENT AGREEMENT THIS FIRST AMENDMENT TO COVENANTS, RESTRICTIONS, GRANT OF EASEMENTS AND MODIFICATION OF CLEARWATER COMMONS SHOPPING CENTER OPERATIONAL AND RECIPROCAL EASEMENT AGREEMENT ("Amendment") is made and entered into by and among Inland Southeast Clearwater Development, L.L.C., a Delaware limited liability company, n/k/a/ DDR SOUTHEAST CLEARWATER DEVELOPMENT, L.L.C., a Delaware limited liability company ("DDR"), the CITY OF CLEARWATER, FLORIDA, a municipal corporation (the "City") and PHILLIES FLORIDA LLC, a Delaware limited liability company ("Phillies Florida"), successor (by assignment) to The Phillies, a Pennsylvania limited partnership, ("The Phillies"), as of the day of , 2009. RECITALS WHEREAS, DDR owns the real property described on Exhibit "A", attached hereto and made a part hereof (the "DDR Property"); WHEREAS, the DDR Property is subject to that certain Operation and Reciprocal Easement Agreement recorded in Official Records Book 6440, at Page 2013 which has been previously modified by (1) that certain Ratification of Operation and Reciprocal Easement Agreement recorded in Official Records Book 6735, page 217, (2) that certain Second Amendment to an Operation and Reciprocal Easement Agreement recorded in Official Records Book 6921, at Page 129, (3) that certain Third Amendment to an Operation and Reciprocal Easement Agreement recorded in Official Records Book 7561, at Page 2125, (4) that certain Fourth Amendment to an Operation and Reciprocal Easement Agreement recorded in Official Records Book 7541, at Page 849 which was re-recorded in Official Records Book 7561, at Page 2125, and (5) that certain Fifth Amendment to an Operation and Reciprocal Easement Agreement recorded in Official Records Book 9664, at Page 451, all in the Public Records of Pinellas County, Florida (collectively the "REA"); Item # 17 Attachment number 1 Page 2 of 12 WHEREAS, the City owns the real property described on Exhibit "B", attached hereto and made a part hereof (the "City Property"); WHEREAS, pursuant to that certain Covenants, Restrictions, Grant of Easements and Modification of Clearwater Commons Shopping Center Operational and Reciprocal Easement Agreement recorded in Official Records Book 12196, at Page 391, in the Public Records of Pinellas County, Florida (the "Modification Agreement"): (a) the City Property was released from the REA's operation and effect; and (b) both the DDR Property and the City Property were made subject to the Modification Agreement; WHEREAS, the Modification Agreement extinguished an easement for ingress, egress and parking set forth in the REA which burdened the City Property for the benefit of the DDR Property; WHEREAS, Phillies Florida, is the successor in interest to, and assignee of, The Phillies, pursuant to an unrecorded assignment, with respect to the rights and obligations of The Phillies as provided in the Modification Agreement; WHEREAS, DDR desires to obtain from the City and Phillies Florida, and the City and Phillies Florida desire to grant to DDR, an easement upon a portion of the City Property for purposes of ingress, egress and parking; and WHEREAS, the City and Phillies Florida desire to obtain from DDR, and DDR desires to grant to the City and Phillies Florida, an easement upon a portion of the DDR Property for purposes of ingress, egress and parking; AGREEMENT NOW, THEREFORE, in consideration of the premises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are incorporated by this reference for all purposes. 2. The Modification Agreement is hereby modified and amended so as to incorporate therein the defined terms and the respective definitions thereof provided for in this Amendment. 3. Section 6(A) of the Modification Agreement is deleted in its entirety and the following is hereby substituted in its place and stead: The City and Phillies Florida, and their respective employees, contractors, agents, tenants, licensees and invitees, and their respective successors and/or assigns (collectively, the "Community Sports Complex Parties"), shall have the right to use and occupy on an exclusive basis, as herein provided, during Events (as such term is defined in that certain First Amendment to Covenants, Restrictions, Grant of Easements and Modification of Clearwater Commons 2 Item # 17 Attachment number 1 Page 3 of 12 Shopping Center Operational and Reciprocal Easement Agreement [the "First Amendment"] dated on or about , 2009, among DDR, the City and Phillies Florida, which modifies and amends this Modification Agreement) those parking lot areas located on portions of the City Property and the DDR Property as designated and cross-hatched on Exhibit "C" attached to the First Amendment (the "Restricted Parking Area"). DDR for itself and its successors and assigns hereby grants to the City and Phillies Florida for the use of the Community Sports Complex Parties, a non- exclusive perpetual easement for (i) vehicular and pedestrian passage, ingress and egress in, on, over and across the driveways and parking areas of the DDR Property; and (ii) the parking of vehicles in and on the portions of the Restricted Parking Area which are located on the DDR Property, subject to the provisions and limitations provided herein. Additionally, the City and Phillies Florida hereby grant to DDR for its use and for the use of the DDR Parties (as defined in the First Amendment), in common with others entitled to use the same, a non-exclusive perpetual easement for (i) vehicular and pedestrian passage, ingress and egress in, on, over and across the City Property; and (ii) the parking of vehicles in and on the portions of the Restricted Parking Area which are located on the City Property ("DDR Easement") subject to the provisions and limitations provided herein; provided, however, that the DDR Easement shall be immediately suspended during any time in which DDR fails to maintain a tenant in occupancy, operating at least fifteen (15) stores in the southeastern United States. The City shall have the right to terminate the DDR Easement at any time after that date which is the twentieth (20m) anniversary of the date that the First Amendment is recorded in the Public Records of Pinellas County, Florida, but only if, at the time of delivery of the Termination Notice (hereinafter defined), both of the following conditions exist: (a) the City has undertaken the redevelopment of the City Property for a use other than a sports complex and, as part of such redevelopment, the City needs to use the DDR Easement area for a use other than the parking of motor vehicles, and (b) DDR does not have a tenant in occupancy in the DDR Property operating at least fifteen (15) stores in the southeastern United States. In order for the City to exercise the foregoing right to terminate the DDR Easement, the City must deliver written notice thereof ("Termination Notice") to DDR by certified mail, return receipt requested, not less than one hundred eighty (180) days prior to the date that such termination is to take effect, which termination date shall be set forth in the Termination Notice. Further, DDR shall procure and maintain during the term of the DDR Easement, Comprehensive General Liability Insurance which shall provide: 3 Item # 17 Attachment number 1 Page 4 of 12 a. Minimum coverage limits of $1,000,000 Per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. b. The City of Clearwater and Phillies Florida LLC and its affiliates shall be a named Additional Insureds under said policy of insurance. The policy shall provide coverage for any death, bodily injury, personal injury or property damage that should arise directly or indirectly from performance under this Agreement. c. The insurance coverages and conditions afforded by this policy shall not be suspended, voided, canceled or modified except after thirty (30) days prior written Notice by certified mail, return receipt requested, has been given to the City's Risk Management Office and to Phillies Florida. d. DDR's obligation to carry the insurance provided herein may be brought within the coverage of a "blanket policy" of insurance carried and maintained by DDR; providing, however, the coverages afforded the City of Clearwater and Phillies Florida shall not be reduced or diminished or otherwise be different from that which would have existed under a separate policy meeting all other requirements of this Agreement. e. Certificates of Insurance meeting the specific insurance provisions required in this Agreement shall be forwarded to the City's Risk Management Office and Phillies Florida and approved prior to possession of the easement premises. The parties agree that parking areas on the DDR Property and the City Property, inclusive, without limitation, of the Restricted Parking Area, shall not be permanently segregated, by fencing or other permanent barrier, from the remainder of the City Property or from the remainder of the DDR Property; provided, however, that during Events, the City, Phillies Florida, or both, may, and are expressly entitled to, temporarily segregate, and restrict and/or block entry to and from, the Restricted Parking Area (including without limitation those portions located on the DDR Property) by cones, pylons, barricades, other traffic control equipment or devices, use of parking personnel, security or police officers, or other temporary method. The City, Phillies Florida, or both, may further charge the general public or invitees with respect to any such Event fees for the privilege of using or parking in or on the Restricted Parking Area (including without limitation the portions thereof located on the DDR Property) during any such Event, and DDR, for itself and its successors and/or assigns, hereby grants to the City and Phillies Florida the irrevocable license so to do. DDR and the DDR 4 Item # 17 Attachment number 1 Page 5 of 12 Parties shall not use, or have any right of access to or from, the Restricted Parking Area during Events. The foregoing easements shall run with the land, are appurtenant to the DDR Property and the City Property, as applicable, and shall inure to the benefit of DDR and the DDR Parties and the City and Phillies Florida and the Community Sports Complex Parties, as applicable. It is expressly understood that the City reserves all rights of ownership or use of those portions of the Restricted Parking Area located on the City Property and DDR reserves all rights of ownership or use of those portions of the Restricted Parking Area located on the DDR Property, as well as the other parking areas located on the DDR Property, not inconsistent with the easement rights granted herein. Without limiting the foregoing, nothing in the Modification Agreement or the First Amendment, including, without limitation, the granting of an easement to the City, shall be deemed to be a gift or dedication to the general public or a dedication for any public use or purpose whatsoever. 4. Section 6(B) of the Modification Agreement is hereby amended and restated in its entirety as follows: The City and Phillies Florida during Events at the Community Sports Complex and preparation for or clean-up after such Events, shall use commercially reasonable efforts to prevent persons attending Events from parking on the DDR Property, except for those portions of the Restricted Parking Area located on the DDR Property. Such preventative efforts shall employ (by way of illustration) the use of advance pedestrian and traffic control planning, directional signage, barricades and parking personnel, security, or police officers. If, after an Event, the Owner of the DDR Property has concerns or requests additional enforcement, the City and Phillies Florida agree in good faith to reevaluate the parking and traffic control measures to be taken in the future and consider (but not be bound by) the concerns and suggestions made in good faith by the Owner of the DDR Property. 5. Section 6(D) of the Modification Agreement is hereby amended and restated in its entirety as follows: After each event at the Community Sports Complex, the City and or The Phillies shall, in a commercially reasonable fashion and in compliance with the standards of the Sports Complex Agreements, clean or sweep all sidewalks, drives and parking areas and remove papers, debris, filth and refuse therefrom on the Home Depot Tract, the Community Sports Complex Easement (including, without limitation, the Restricted Parking Area) and, to the extent such refuse results from a Community Sports Complex event the Common Area and Access Points to the extent necessary to return same to a clean and orderly condition. During such periods of time that the DDR Parties are entitled to use the DDR Easement, the DDR Parties shall, in a commercially reasonable fashion and in compliance with the standards of DDR Property, clean or sweep all sidewalks, 5 Item # 17 Attachment number 1 Page 6 of 12 drives, and parking areas and remove papers, debris, filth and refuse therefrom on the DDR Easement; provided, however, that the DDR Parties shall have no obligation to perform any sweeping or cleaning that may be required in connection with the use of the Restricted Parking Area by the Sports Complex Parties during any Event. 6. In the event that either the Phillies or the City reasonably believes that it will need to use additional parking areas on the DDR Property for parking motor vehicles during any particular Event in addition to the parking areas in the Restricted Parking Area, then DDR agrees to cooperate with the Phillies and/or the City, as the case may be, to provide for such additional parking on the DDR Property for such Event. DDR, the Phillies and the City each agree to act reasonably and in good faith in cooperating with one another with respect to such additional parking. When requesting the use of such additional parking areas, the Phillies and/or the City shall provide DDR with as much advance notice as is reasonably possible under the circumstances so that DDR can accommodate such request for additional parking. 7. Exhibit "A" to the Modification Agreement is deleted in its entirety and the drawing attached hereto as Exhibit "C" is hereby substituted in its place. 8. The term "DDR Parties" shall mean (a) DDR's employees, contractors, agents, tenants, licensees and invitees, and (b) any person or entity holding any interest in the DDR Property and such person or entity's employees, contractors, agents, tenants, licensees and invitees. 9. The terms "Remaining REA Tracts" and "Home Depot Parcel", as used in the Modification Agreement, shall also mean and include the "DDR Property" and the "City Property", respectively. Capitalized terms not otherwise defined herein shall have the meaning ascribed to such term in the Modification Agreement. The term "The Phillies" as used in the Modification Agreement shall hereafter mean "Phillies Florida". 10. The term "Events" shall mean and include all events that the City or Phillies Florida, or both, in their sole discretion, conduct in the Community Sports Complex, a portion of which is located on the City Property, for which the City and/or Phillies Florida exercise the exclusive use of the Restricted Parking Area for the parking of motor vehicles. For the purposes hereof and of the Modification Agreement, the term "Event" shall include the period of time commencing three (3) hours prior to the scheduled commencement time, and ending one (1) hour after the conclusion, of any such Event. 11. Except to the extent modified by this Amendment, all other terms and conditions set forth in the Modification Agreement shall remain in full force and effect. In the event of a conflict between the terms and conditions of this Amendment and the terms and conditions of the Modification Agreement, this Amendment shall prevail. 6 Item # 17 Attachment number 1 Page 7 of 12 IN WITNESS WHEREOF, DDR the City and Phillies Florida have executed this Amendment as of the date first set forth above. WITNESSES: STATE OF OHIO ) ) SS: COUNTY OF CUYAHOGA ) DDR SOUTHEAST CLEARWATER DEVELOPMENT, L.L.C., a Delaware limited liability company By: Joan U. Allgood, Executive Vice President (& Secretary) (Print Name) (Print Name) BEFORE ME, a Notary Public in and for said County and State, personally appeared known to me to be the of DDR Southeast Clearwater Development, L.L.C., the limited liability company that executed the foregoing instrument, who acknowledged that he/she did sign the foregoing instrument for and on behalf of said limited liability company being thereunto duly authorized, and that the same is his/her free act and deed as such officer and the free at and deed of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Beachwood, Ohio this day of , 2009. Notary Public Item # 17 Attachment number 1 Page 8 of 12 ATTEST CITY OF CLEARWATER, FLORIDA By: (Print Name) Name: Its: APPROVED AS TO FORM: (Print Name) STATE OF FLORIDA COUNTY OF PINELLAS ) BEFORE ME, a Notary Public in and for said County and State, on the day of , 2009, personally appeared known to me to be the of the City of Clearwater, Florida, a body corporate and politic of the State of Florida, on behalf of the City. He/she ? is personally known to me or ? has produced as identification. (SEAL) Notary Public Item # 17 Attachment number 1 Page 9 of 12 ATTEST: PHILLIES FLORIDA LLC, A Delaware limited liability company By: THE PHILLIES, a Pennsylvania limited partnership, Its sole member By: (Print Name) Name: David P. Montgomery Its: Genearl Partner COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF PHILADELPHIA ) Before me, a Notary Public in and for said County and Commonwealth, personally appeared David P. Montgomery, known to me to be the General Partner of The Phillies, a Pennsylvania limited partnership, which is the sole member of Phillies Florida LLC, a Delaware limited liability company, that executed the foregoing instrument, who acknowledged that he did sign the foregoing instrument as General Partner of the sole member, for and on behalf of said limited liability company, being thereunto duly authorized, and that the same is his free act and deed and the free act and deed of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Philadelphia, Pennsylvania this day of , 2009. Notary Public Item # 17 Attachment number 1 Page 10 of 12 EXHIBIT A Parcel 1 Lot 4, THE CLEARWATER COLLECTION SECOND REPLAT, a subdivision according to the plat thereof recorded in Plat Book 107, Page 24 of the Public Records of Pinellas County, Florida, LESS and except those portions thereof conveyed, taken or used for U. S. Highway 19. Parcel 2 Lots 2 and 3, THE CLEARWATER COLLECTION SECOND REPLAT, according to plat thereof recorded in Plat Book 107, Pages 24 and 25, of the Public Records of Pinellas County, Florida, LESS and except road right-of-way for U. S. Highway 19, abutting said parcel on the East. Lot 1, THE CLEARWATER COLLECTION SECOND REPLAT, according to plat thereof recorded in Plat Book 107, Pages 24 and 25, of the Public Records of Pinellas County, Florida. 10 Item # 17 Attachment number 1 Page 11 of 12 EXHIBIT B Lot 1, THE CLEARWATER COLLECTION SECOND REPLAT, according to plat thereof recorded in Plat Book 107, Pages 24 and 25, of the Public Records of Pinellas County, Florida. LESS AND EXCEPT that portion of said Lot 1 taken in fee simple, designated as Parcel 120 by Case No. (Eminent Domain) 99-4965-CI, as evidenced by that Lis Pendens recorded in Official Records Book 10598, Page 2406; Stipulated Order of Taking & Final Judgment recorded in Official Records Book 10714, Page 617; Stipulated Order of Taking and Final Judgment recorded in Official Records Book 10714, Page 620; Stipulated Order of Taking and Partial Final Judgment recorded in Official Records Book 10714, Page 624; Stipulated Order of Taking and Final Judgment recorded in Official Records Book 10714, Page 628; Order of Taking recorded in Official Records Book 10741, Page 2041; Stipulated Final Judgment recorded in Official Records Book 1161, Page 1495; and Amended Order of Taking and Stipulated Final Judgment recorded in Official Records Book 11704, Page 1408, Public Records of Pinellas County, Florida. 11 Item # 17 Attachment number 1 Page 12 of 12 EXHIBIT C TMAN7 cear ttf, i°looda tk,Zk Dl_SCLAINILK 12 Item # 17 Doc 3230294 Ver 3 ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Voluntary Cooperation Mutual Aid Agreement as provided under Florida law, entitled "Operation Island Runners", between the Florida Department of Law Enforcement (FDLE) and the City of Clearwater Police Department to form a task force to investigate, dismantle and disrupt Racketeering Influence Corrupt Organizations, human trafficking and related crimes in west central Florida and authorize the appropriate officials to execute same. (consent) SUMMARY: Organized human smuggling and trafficking are of serious concern to the state of Florida. Smugglers are using sophisticated methods to illegally smuggle people into Florida and are using Caribbean countries as transit points to facilitate the movement of such people. Smugglers conduct peripheral crimes such as vessel theft, fuel thefts and identification fraud, then once the people are smuggled into Florida, use them as either hired co-conspirators or indentured servants in other crimes or imposing forced labor services upon them. One of the related crimes that has impacted the City of Clearwater directly is the theft of large, expensive yachts and vessels from waterfront properties. The Clearwater Police Department is currently investigating 2 vessel thefts believed to be related to this organized crime operation. Other similar thefts have occurred throughout southwest Florida. In recognition that such efforts transcend jurisdiction limits, this agreement will assure the continued functioning of law enforcement in areas where such limits might otherwise thwart major law enforcement efforts. The lead agency in the Task Force is the Ft. Myers office of FDLE. The subscribing law enforcement agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid resources to adequately respond to multi jurisdictional criminal activity. Law enforcement agencies in all coastal counties from Monroe County north through Pinellas County are proposed signatories to this agreement. The agreement is authorized under the Florida Mutual Aid statute and outlines procedures for inter-agency cooperation; there is no cost to the City of Clearwater, and there is no requirement for full or part-time detachment of personnel or other resources as a result of participation in the task force. The benefits to the City will be enhanced investigative resources on cases that occur in the City. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 18 "Operation Island Runners" Page 1 ofn10 umber 1 (Organized Human Smuggling and Trafficking) MUTUAL AID AGREEMENT This Voluntary Cooperation Mutual Aid Agreement is entered into by and between the below-subscribed law enforcement agencies, in furtherance of their respective duties under law. Original Parties to this Agreement The Florida Department of Law Enforcement The Miami-Dade Police Department The Monroe County Sheriffs Office The Collier County Sheriffs Office The Lee County Sheriffs Office The Sarasota County Sheriff s Office The Manatee County Sheriffs Office The Pinellas County Sheriff's Office Clearwater Police Department Cape Coral Police Department Intent Statement and Provisions for Voluntary Cooperation to Be Rendered 1. Organized human smuggling and trafficking are of serious concern to the state of Florida. Smugglers are using sophisticated methods to illegally smuggle people into Florida and are using third countries as transit points. In order to facilitate the movement of such people, smugglers conduct peripheral crimes such as vessel theft, fuel thefts and identification fraud, then once the people are smuggled into Florida, use them as either hired co-conspirators or indentured servants in other crimes or imposing forced labor services upon them As used herein, "forced labor services" has the same meaning as defined at Section 787.06(2)(b), Florida Statutes (2008). This organized activity reveals a comprehensive effort on the part of the smugglers and human traffickers to conduct an ongoing racketeering enterprise with wide ranging effects on the state of Florida including indoctrination of those who have been illegally smuggled into the United States into committing criminal acts while present in the United States. 2. The purpose of this agreement is to form a Task Force to effect dedicated and intensive investigative, preventative, and general law enforcement efforts primarily with regard to the investigation of Racketeering Influence Corrupt Organizations and Human Trafficking and related crimes, and in efforts to dismantle and disrupt the organizations committing such violations. As used herein, "Human Tracking" means transporting, soliciting, recruiting, harboring, Item # 18 providing, or obtaining another person for transport.' The principal goal sha?' ofnl0 umber 1 the coordinated investigation of, and successful prosecution of perpetrators of such crimes, with particular emphasis on efforts designed to identify and dismantle organized criminal enterprises. Such efforts shall include, but are not limited to, undercover operations designed to detect illegal activity and to identify those involved in such activity including those directing or otherwise controlling such activity, interception of communications as may be authorized by law related to such activity, the arrest and prosecution of those involved (utilizing state and federal or other prosecutions, as appropriate); the seizure and forfeiture of assets of those engaged in such activity or otherwise supporting such activity (utilizing state and federal forfeiture options, as appropriate); the prosecution of regulatory and civil actions designed to end such criminal activity, as appropriate; and the referral of investigative leads and intelligence to such other federal, state, foreign or local law enforcement authorities as may be required and appropriate. In recognition that such efforts transcend jurisdiction limits, it is the intent of this voluntary cooperation agreement to assure the continued functioning of law enforcement in areas where such limits might otherwise thwart major law enforcement efforts. 3. The subscribing law enforcement agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to continuing, multi jurisdictional criminal activity, so as to protect the public peace and safety, and preserve the lives and property of the citizens of Florida. 4. The undersigned agencies have the authority under Part 1, Chapter 23, Florida Statutes, "the Florida Mutual Aid Act," to enter into a mutual aid agreement for law enforcement service which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines and provides for rendering of assistance in a law enforcement emergency. It is the intent of this agreement to assure the continued functioning of law enforcement in areas where major law enforcement efforts would otherwise be thwarted by jurisdictional barriers. 5. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an employee as a member of the employee's agency. Nothing herein shall otherwise limit the ability of participating members to provide, as provided by or allowed by law, such assistance in any enforcement action unrelated to task force operations as may be lawfully requested by a law enforcement officer having jurisdiction over any such incident, crime or matter under consideration. However, extension of jurisdiction under the authority of this Agreement shall occur only as provided herein. Section 787.06(2)6.(c), Florida Statutes (2008). Operation Island Runners Mutual Aid Agreement 2 Original Parties - April, 2009 Page 2 of 17 Item # 18 Attachment number 1 Procedure for Requesting and Authorizing Assistance Page 3 of 10 Law enforcement officers assigned to the Task Force shall be empowered to render enforcement assistance and take enforcement action in accordance with the law and the terms of this Agreement. Execution of this agreement and continued participation by FDLE and one or more participating agencies shall constitute a general reciprocal, continuing request for and granting of assistance between the members of the Task Force which shall be considered authorized in accordance with the provisions of this Agreement. No additional or specific formal request for assistance is required. Jurisdiction, Command and Supervisory Responsibility 1. The principal site of Task Force coordination shall be the Florida Department of Law Enforcement (FDLE) Ft. Myers Regional Operations Center. When engaged in investigative operations that have been approved by and involve the Florida Department of Law Enforcement as contemplated by this Agreement, assigned law enforcement officers who are part of the Task Force that do not otherwise have jurisdictional authority shall enjoy full jurisdictional authority anywhere in the State of Florida, although principally focused within Miami-Dade, Monroe, Lee, Collier, Sarasota, Manatee, and Pinellas Counties, with full power to enforce Florida laws and avail themselves of the provisions of this Agreement. Task Force members operating outside the jurisdiction of their agency shall not enjoy extra jurisdictional authority as law enforcement officers, unless they are engaged in approved Task Force activities as stated herein that are actually directed by an FDLE Task Force supervisor, or FDLE Special Agent designee, who is 'present with personnel engaged in operational activity. 2. The Parties to this Agreement recognize that any extension of jurisdictional authority beyond the bounds of their employing agency is by reason of this Agreement and the overall supervision and authority of the Florida Department of Law Enforcement as provided by the "Florida Mutual Aid Act." Task Force members operating outside the jurisdiction of their agency are prohibited from engaging in enforcement actions unless in conformance with this Agreement or as may be otherwise independently authorized by law. 3. Pursuant to Section 23.127(1), Florida Statutes, designated employees of the undersigned Agencies participating in the investigation shall, when engaging in authorized mutual cooperation and assistance pursuant to this Agreement, have the same powers, duties, rights, privileges and immunities as if the employees were performing duties inside the jurisdiction in which the employee is normally employed and empowered. Activities shall be considered authorized only when approved and directed as provided herein by an FDLE supervisor or command designee. No Task Force member shall engage in activities outside his or her normal jurisdictional territory, pursuant to the authority of this Agreement, that are not approved, are unreported or are otherwise unknown to the FDLE supervisor or FDLE Special Agent designee, and which are not documented as provided herein. No extension of Operation Island Runners Mutual Aid Agreement 3 Original Parties - April, 2009 Page 3 of 17 Item # 18 jurisdiction or authority is anted b this Agreement for law enforcement actilot Attachment number 1 granted by $ of 10 unless they are approved and supervised by FDLE as provided herein and are related to the investigation or have been encountered directly incident to an approved and supervised investigation operation. Any time a participating agency's Task Force members, pursuant to this agreement, leave their territorial jurisdiction, notification shall be made to the FDLE regional operations center for the location being traveled to. If operational activity moves from one FDLE Region into another FDLE Region, personnel from the Region where activity is occurring may be designated to be present to supervise Task Force members who have entered the Region. The FDLE Task Force supervisor, or Special Agent designee, shall insure that the appropriate law enforcement agency in the jurisdiction where the Task Force is operating is made aware of Task Force activity in its jurisdiction in a timely manner, subject to reasonable accommodations for exigencies. 4. If at any time an FDLE supervisor, FDLE Special Agent designated as a supervisor or command designee determines that an extra-territorial operation should be terminated, said operation is to be promptly terminated in a manner assuring the safety of all involved law enforcement officers. 5. The FDLE supervisor(s), or FDLE Special Agent designee, shall maintain documentation that will demonstrate the daily involvement of authorized personnel from participating agencies as provided by the Parties to this Agreement as such members are involved in each operation, including each operation's supervisor or designated leader. No designated employees of the undersigned Agencies participating in the investigation shall engage in investigation-related activities that are not approved, are unreported or otherwise unknown to the FDLE supervisor and which are not documented as provided herein. 6. If a conflict arises between an order or direction provided by the FDLE supervisor, or FDLE Special Agent designee, and a member's employing agency's rules, standards, or policies, the conflict shall be promptly reported to the FDLE supervisor, and to the superior in that member's agency chain of command. The FDLE supervisor, in conjunction with the member's agency superior, shall attempt to resolve the conflict in a manner that will allow the operation to continue appropriately. At no time will a participating member be forced to violate his/her own agency's policies or rules. 7. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an employee as a member of the employee's agency. 8. Each participating agency shall contribute personnel and resources in such numbers as are agreed to by the participating agencies. Participating agencies shall assign personnel based upon their investigative experience and the operational needs of the investigation. 9. The FDLE Supervisor shall be responsible for the operational command and day-to- day administration of all investigative operations and personnel, and shall have the Operation Island Runners Mutual Aid Agreement 4 Original Parties - April, 2009 Page 4 of 17 Item # 18 Attachment number 1 authority to make routine assignments and determine case priority, as needed. Diving of 10 the absence of the Managing FDLE Supervisor, or as deemed necessary by the Managing FDLE Supervisor, an FDLE Special Agent may be designated to be present to supervise operational Task Force matters. Powers, Privileges, Immunities, Costs and Liability-Related Issues Employees of the participating agencies, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits but inside this state, under the terms of this agreement, shall, pursuant to the provisions of section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. 2. An agency that furnishes equipment pursuant to this agreement, including but not limited to agency-owned or leased vehicles and rental vehicles, must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. 3. Each member agency engaging in activities pursuant to this Agreement agrees to assume its own liability and responsibility for the acts, omission, or conduct of such Party's own employee while such employees are engaged in investigation activities/initiatives, and shall remain responsible for the compensation, retirement, workers compensation and other benefits accruing to the benefit of said participating employees, as further discussed below. 4. Each Party to this Agreement agrees to furnish necessary personnel, property, police equipment, vehicles, and resources in order to affect the purposes of this Agreement and agrees to bear the cost of loss or damage to its equipment, vehicles or property so provided. Parties understand and agree that they will be responsible for their own liability and bear their own costs with regard to their property and resources, or personnel expenses incurred by reason of death, injury or incidents giving rise to liability. 5. Each agency furnishing services pursuant to this Agreement shall compensate its employees during the time such services are rendered, including employee overtime, and shall defray the actual expenses of its employees while they are rendering such services, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such services. 6. The privileges and immunities from liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief, disability, workers' compensation, salary (including overtime compensation or compensatory time), death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency shall apply to the Operation Island Runners Mutual Aid Agreement 5 Original Parties - April, 2009 Page 5 of 17 Item # 18 employee to the same degree, manner, and extent while such employee acts un tta ment number 1 g ?f 10 Agreement. 7. The provisions of this section shall apply with equal effect to paid, volunteer, and auxiliary employees. 8. Nothing herein shall prevent any participating agency from requesting supplemental appropriations from the agency's governing authority having budgeting jurisdiction to reimburse an assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. 9. Nothing in this agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. Complaints 1. Whenever a complaint has been lodged as a result of investigative efforts under this Agreement, a designee of the Florida Department of Law Enforcement shall ascertain at a minimum: a. The identity(ies) of the complainant(s) and an address where the complainant(s) may be contacted; b. The nature of the complaint any supporting evidence or facts as may be available, including the names and addresses of witnesses to that which has been complained about; and c. The identity(ies) of the participant(s) accused and the employing agency(ies) of the participant(s) accused. 2. FDLE will promptly provide to each affected employing agency the above information for administrative review and appropriate handling or disposition. Each affected employing agency shall, upon completion of said review, notify FDLE of its findings and any actions taken. Forfeiture Provisions 1. In the event an agency seizes any real property, vessel, motor vehicle, aircraft, currency or other property during the performance of this Agreement, the parties agree that said forfeiture action may be filed pursuant to federal law and the rules and regulations set forth by the Department of Justice (DOJ). Additionally, state forfeiture provisions may be utilized if the parties agree to this option. If a state forfeiture is pursued, the seizing agency shall be responsible for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property in accordance with Chapter 932, Florida Statutes, and authority over the potential forfeiture to include, but not be limited to, the complete discretion to bring the action or dismiss the action. Forfeiture Operation Island Runners Mutual Aid Agreement Original Parties - April, 2009 Page 6 of 17 Item # 18 attributable to Task Force investigations may be distributed among the age]PtR@* ofn10 umber participating in Task Force related operations. In the event that any property or cash is seized as a result of investigative activities governed by this Agreement, the parties agree to ensure the equitable distribution of forfeited property, cash or proceeds from the sale of forfeited property. If the forfeiture occurs on the state level, the forfeiture and distribution of such property shall be pursuant to Section 932.701-707 of the Florida Statutes. Forfeited property or proceeds shall be distributed to the appropriate law enforcement agency or agencies that participated directly and substantially in any acts which led to the seizure or forfeiture of such property or cash. It is agreed that the percentage of any proceeds from forfeited property or the value of property retained by an agency shall be commensurate with participation of that agency in the activity, which resulted in the seizure, unless otherwise agreed to by the participating agencies. Any agency that provides for court costs or costs for maintaining seized property shall be reimbursed out of any proceeds from the sale of seized property prior to the distribution of proceeds. Term of Agreement 1. This Agreement shall become effective as to the executing Parties upon execution by the Executive Director of the Florida Department of Law Enforcement and at least one other participating agency. As each additional Party executes this Agreement, it shall be effective as to the newly executing Party. 2. A party other than those listed on page one may, at the request of FDLE and with the approval of the participating agencies, enter into this Agreement as evidenced by its signing of this Agreement. Any party may cancel its participation in this Agreement upon delivery of written notice of cancellation to FDLE, who shall immediately notify other participating parties of the cancellation. 3. This Agreement shall remain in full force as to all participating Parties until April 1, 2011 unless canceled in writing by the Executive Director for the Florida Department of Law Enforcement, or, with regard to any participating Party as canceled in writing by the Party as provided herein. However, if the Task Force continues operations beyond April 1, 2011, the Agreement shall be automatically extended on a inonth-by-month basis, until such time as each participating Party has ratified a revised or subsequent written Agreement. This Agreement may be duplicated for dissemination to all Parties, and such duplicates shall be of the same force and effect'as the original. IN WITNESS WHEREOF, the authorized representatives of the Parties hereto sign on the date specified. Operation Island Runners Mutual Aid Agreement 7 Original Parties - April, 2009 Page 7 of 17 Item # 18 Attachment number 1 Page 8 of 10 "Operation Island Runners" Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with signature page. of Law Enforcement (FDLE): Gerald M. B ey, xecutive Director ???? Florida Department of Law Enforcement !Auvi Date .6 % Operation Island Runners Mutual Aid Agreement Original Parties - April, 2009 Page 8 of 17 Item # 18 Attachment number 1 Page 9 of 10 "Operation Island Runners" Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive Officer of the agency that is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page and any further evidence of authorization you wish to remain on file at FDLE along with this signature page. For the Clearwater Police Department: L) -,? P J-L. Sid K em 6?' Chief of Police Date Operation Island Runners Mutual Aid Agreement 16 Original Parties - April, 2009 Page 16 of 17 Item # 18 Attachment number 1 Page 10 of 10 "Operation Island Runners" Mutual Aid Agreement Countersigned: Frank V. Hibbard Mayor Approved as to form: P/4A. A I Imik- Robert J urette Assistant 'City Attorney CITY OF CLEARWATER, FLORIDA By: Attest: William B. Horne II City Manager Cynthia E. Goudeau City Clerk Item # 18 Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida, in the amount of $147,034.50, providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School and Oak Grove Middle School for a one-year period commencing July 1 2009 through June 30, 2010 and authorize the appropriate officials to execute same. (consent) SUMMARY: Under the terms of the one-year agreement between the School Board of Pinellas County and the City of Clearwater, the City will provide law enforcement and related services to Clearwater High School, Countryside High School and Oak Grove Middle School during the regular school year. The assigned officers (1 per school) will provide instruction in law education, will serve as resource persons, conduct investigations, provide security and maintain the peace, make arrests and provide support services as necessary. The annual cost of salaries and benefits of three (3) officers over the one-year period will be $262,642. Total annual reimbursement from the School Board will remain at $49,011.50 for each officer, for a total reimbursement of $147,034.50, reflecting no revenue increase to the City for SRO services during the 2009/2010 contract period. The difference of $115,607.50 will be funded from Special Law Enforcement Trust Fund (SLEF) proceeds. Special Project 181-99264, School Resource Officers, will be established at third quarter to capture all financial activity. The cost incurred by the Police Department is offset by the benefit of the program to the community and the Police Department. All procedural components of the contract remain the same as those outlined in the 2008/2009 contract. The continuation of the School Resource Officer Program beyond FY 2009/2010 is dependent upon SRO program funding being included in future budgets. The Police Department has maintained a good working relationship with the School Board. School Resource Officers have been assigned to Clearwater High School since January 1, 1985 and Countryside High School since January 1, 1986. This is the third year a School Resource Officer will be assigned to Oak Grove Middle School. The School Board no longer requires an SRO at Kennedy Middle School, which will be repurposed as a full fundamental school. Type: Other Current Year Budget?: No Budget Adjustment Comments: Establish Project 181-99264 at FY 09 3rd Quarter. Current Year Cost: Not to Exceed: For Fiscal Year: 2009 to 2010 Appropriation Code Amount 181-99264 $115,607.50 Budget Adjustment: Yes Annual Operating Cost: -0- Total Cost: $115,607.50 Appropriation Comment Cover Memo Item # 19 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Attachment number 1 Page 1 of 9 1 ; 1L 1i 3 heretc_ toll ration and r c,-)(- Jered b tt t.. E t -en i rnent i d law hnce I L. and and Ti ik Ca,y u. Clearwater inter- to provide law er, 7( it and 1< ,rvice to the public schools of Pine' Dunty a hereafter d c J, and Pr and I P. D. will r r -n fl ?j Sider t and SL..._ t. r f : 1 _. ® {. `t he Obligations of Clearwater P.D. tt e 1 a "r i r, i one r 1. J(- rni -r id in t r- i - ,itt n the rr ni Df 0 U.S.C. 1 W.S. 1002.22 RF'., i- i co r n -ie Pr' )f so- Item # 19 Attachment number 1 Page 2 of 9 the ability to di i -1 .. _ ` TI i of the stud iii th here-sat. an i much The L'I acc iah the cii t 001. ?k the desire and ability to work cooperatively with the Pr' ci id his J , The SRO Must b e state certified Law - gent Officer. C. nv ? .. ut Hot _ , " -f the h _ r cho ht 001 is I r i e i.e : . ... _. _. , ., _. ,?._. , Vh i l e. on duty, the. FAO - -form ?•°? t €- k I t_ tlF i ? 1 !Y. Ih 1 -eso rc in the area o, i ivv i ilurc rnei L education at the request of the E rii-.,--,. Item # 19 Attachment number 1 Page 3 of 9 .ior ;ii i J _ i 1d 1-')aced `oc-drit - i-i"in . yew on ifh the 11''I nd L ?f u I „, jn&i Rio I I- n r 1? of criminal 1? ._, F, 6 , R F), and C lit, . 1 :r0ency Cedi at the repues Principal, or his/h er, 0. Receive and `i_,_ _h complaint via telephone, walk-in and radios. 10. 1 iplement, and evaluate security _ i _,pool 11. on `.r - i t f, - 'it ac - t d I t, order _ I ' h I _. IiI Iii' ! f d of the Rer .. I hoc' ad-'7' " comps t h Stu 1 proper, a school, 14. Provide cou-, i -1. to students a needed. 3 Item # 19 Attachment number 1 Page 4 of 9 16, R( i thr(- agencies. 17. Make re,- i i social agencies. 18. Relay rness- a in emergency situations (such as, tornadoes, or hurric 19. - tr fancy ins s and prepare for pros, 20. ( ji buy . )f m- lx ,-d a .I " Ie ® rr utu,- j I<„ +I - ED '! t t - -n . i Agreern-nt, -id a long the dt tiE cc n i ith .'Late and Fed( lase and the policies and procedures of the le; ? ; .. 10 .1 I _lr V. i, I, _ rnvi rt his/her shall h : or bt I 1C i -I I ?. :COs are recegnizec t an ac.'.. - p : t of the school a-'mi i J. tear- hr;- --` teary rnembe- - fl -1 th?ir -,nr =a ('rection- a-' I ne e p - L Y activities, C. t; -u-i :..r. ,..?, _ ::&-Ang and . c? i_.. C. P(. I TI : m C provide an ,I .-tur ")r D. The 1,._ _- P.D. r (UCF r ,g t law 4 Item # 19 Attachment number 1 Page 5 of 9 . I0 - intain a dispatch log, consistent with accepted law enforcement )pies r, r )y tl u--urc Pi lay _ Z, Pro with t al ut- . i all oth 3 or a Tl-e cost if I ,tg, and i, police ep:a1 :1 IL ply reeme 7t a learw t D of r_ y officers 'in 4 r C. fingerprints and photographs of arrestees in compliance with State and FedE . a [ALE 11. f r .r. - -- n_, --- _ rf _ Otto the sr r i & P;, `,r - ; into- I airs sect':Dn. I d ill not ? t n internal investigation of ally ]E-1 -nproper conduct _ _ the pad 4`. TI'. r -Df t )f I )f ; 49,011. Th_ I mts) for e -ing the sum f `;17,0Q 1-1u Forty on Ti ty Fou j rs and Fifty Cc. for the 2009-2010 s - --teal to P.D. s I i J prod t rich sr.'<< _ 1, bail be k-f such servic y (30 from th1 c of servic-, ?y services during May sh- I ? - ubmitted n later t(1 I 1 _,th of JunE V, The I in ti },e termE _f this X , n n. - mill be . olved k lion de" uperintencent, the eir designees. Item # 19 Attachment number 1 Page 6 of 9 Change _ t. r° is A erA m only by formal amendment in rl o pi th I eater 1-.D. i J. I r. Trar ° r Os, h tf N - s T P,. ! - - _ th an SRO at 7 f° isultat ..le _ ,ter been given fc,r 11- SPA to modifi , 1-,P c of then the Princil I r - amend red from the I the rea n n i. I m I the `T the staff 1 'I , ,..e a ?, <ernent of the t E., I ;vnt ' h ef, :r .?. nY.. .m. '. . . _ members Of Lilt, ? _ I€ .-U!°n U Ti 'I U1, may U1 ;qtllred to t th, , J n .4 t t. r [ J, ovioeo _ n T .icy., does not I- . Ide the _r. 0 any rl l` iry, rate and mart from those fo 7 r i agl I nt with its onion. (n y the _an se _ :)rcement of 1 { . of s s :r P.D. fro ! tr n ARTICLE VII. Terra o A4arr I The terra of th lent shall be for I year beginning on July 1, ugh June g, 2010. I - Is and IF - -,, 1 , in -r fo r r€.. Wary tot ofdut_, . E Item # 19 Attachment number 1 Page 7 of 9 to prier c c is a n nd pro '--r general 1 - F ur -:e office Upcl :lj- rk to the € = th t it is r D. - = r illz - r oth the J, L tIiEc B. . I n . and . h .h C. k, d h d f--s, a chair, work table, fil ing cabinet, an o.7. supplies (e.g. paper, r D. s t >' r ; access on the ci? I P_1 , !n the eve.._ ying Of L:s i it be X Termination. I tl )r .' ?c , %RTICLE X. Defense € ` ` - - 1 ?',ctlons. A. Subject ° limitations contained in F. 111.07', the CI - r P.D. shall defend it fil d ik. J the ' _ in ater P.D, I_r t ? which arir, of servi€ ks arformE 1, I Cl { D. all bet ,ionz, a a. jo.2o B. dE 'end any lawsuit file I ird i s ( u of Ic -rd. Board rced'u_ d in hand llr.r ch I € juts rr_ nt rEmdereo ag-li -ding to law. e the pro ). 78828 as the N. I s, r€.. a not be - ' without & *?ry'y consent,_,, Ik C,F y $id. 1 Item # 19 Attachment number 1 Page 8 of 9 .. F? _.. - - _ of this A.. regiment part. of any idl - 5 ?°^ I'+,,. 9( 'red Y IWa.6 (. §+' ?v ?u (51 ny y^ I.easnn 6X(",h a ... C ai i_( 1jEt. of Is W E y a v II I :It I .:I It L 9i' 1z., any urination 11 1 of n ;lid, unenfor. ny other r _ _ c ana, r section of this 1_. d which it i : if not 1 the ot, p` sting, er P.D. C -L 33756 I w. L m d.,o. . J,,...... C, C. of ;'olice enerali r1 IrI>4 el F r Has County Schools Pin las County C I 1 ._rar 11 S. Belcher Fed. 01 4th ? . f 33773 L FL 33770 r D. l., _ jr of m- -re _ u:.? „ it Ic i in to t! E. rnrn Law and Venue, This Agreement is t nstrued in iccordance h 4e 'Florida. i _ for c laim r' : 1 ' t i ? t?¢ Florin' -1y r, Tar i P1 Count, i whic rl. F. i -1r agh headings are it is fl-r r -r, viiu iii r,o .,.y ti -fire, limit, or otherwise u? uF G. F e L_L r `ach pas this Amon I.r - r t r, nt_ ni r _ to the L - r. L n 8 Item # 19 Attachment number 1 Page 9 of 9 THE v -LL ,. By:__ ? ,fittest: Print: C -n Approved to form: Sign:_ - Print: General Counsel, Pinellas Coon It K + I - - - -ie: i _.n V. Hibbard q ® . - E 'rE - CITE` F FLORIDA y: _ r E.Fi ,Il .. _. er C" ?. _ _ . eau it,. Item # 19 Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Renew the agreement with TriTech Software Systems, Pasadena, California, in the amount of $131,358.33 for software support during the 10 month period ending September 30, 2009, in accordance with Sec. 2.564 (1)(b) - Sole Source, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Police Department's previous Computer-Aided Dispatch System (CADS) was at the end of it's life expectancy. This system and peripheral software was outdated, and the vendor had only one employee remaining with the expertise to support this system. The Pinellas County Sheriff's Office (PCSO) was also in the process of migrating to current CADS database technology. Clearwater Police Department and PCSO, after due diligence in evaluating several vendors, agreed to a partnership to include TriTech and other technologies providing interoperability between both agencies to meet the 2003 goals of the Pinellas Assembly, as directed by the City Manager. The partnership between both agencies complimented the data functionality of CPD's Computer-Aided Dispatch System. The TriTech system has been operational since October 2007. The system provides an integrated CADS, mobile, and AVL environment, and downloading of data to the report management system (ACISS). Prior to the TriTech System, each of these functions required separate software support and hardware agreements. In the past, CPD would budget these item separately in the amount of $122,389.00. Final sign-off and payment to close out the project was made in March 2009. CPD requests approval of a Software Support Agreement in the amount of $131,358.33 for a 10-month period ending September 30, 2009. Funding is available in CPD's Special Project 181-99387, Federal Forfeiture Sharing Fund. Type: Other Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: $131,358.33 Not to Exceed: For Fiscal Year: 2008 to 2009 Budget Adjustment: None Annual Operating Cost: -0- Total Cost: $131,358.33 Appropriation Code Amount Appropriation Comment 181-99387 $131,358.33 Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Information Technology 6) Clerk 7) Assistant Approval: City Manager 8) Clerk 9) City Manager 10) Clerk Cover Memo Item # 20 TRi?TECH SOFTWARE SYSTEMS February 5, 2009 Clearwater Police Department City of Clearwater Attn. DC Bill Baird 645 Pierce St. Clearwater, FL. 33756 Renewal of Software Support Agreement (revised) Attachment number 1 Page 1 of 4 This letter is an important notice to renew your Software Support Agreement for your TriTech System, which expired on November 30, 2008. The renewal of the Software Support Agreement will allow you to continue to take advantage of the software support and maintenance services provided by TriTech Software Systems and allow you to receive upgrades to your TriTech System. Please complete and sign this Support Renewal Agreement and return it to TriTech along with your payment to assure uninterrupted software support and maintenance services coverage. Action on this Support Renewal Agreement is time sensitive; services to support your system will not be provided if you have not paid your Support Renewal Fee by the Expiration date of your Software Support Agreement. TriTech Support Services Renewal Agreement Amendment Client agrees to renew its Software Support Agreement , the terms of which are incorporated by reference herein as though set forth in full, and according to the terms and conditions included herein. Except as modified herein, all other terms and conditions of the Software Support Agreement shall remain in full force and effect. With respect to the content herein, in the event of any conflict between this Software Support Renewal Agreement Amendment and the Software Support Agreement, the terms of this Software Support Renewal Agreement Amendment shall control. This Support Renewal Agreement Amendment and applicable support fees must be signed, paid and returned by February 20, 2009 to avoid any interruptions in the software support and maintenance services provided by TriTech. Payment of $131,358.33 for this period is due February 20, 2009. Note: Escrow, ESRI and GDT Fees are calculated separately and added to your annual support fee. Payment For your convenience, we have enclosed an invoice for the full amount of the TriTech Support Services Renewal Fees covering 10 month period to coinside with the fiscal year, beginning December 1, 2008- September 30, 2009: If you have any questions, please contact Diana Sliwicki or your Client Account Manager at 858-799-7000. 9860 Mesa Rim Road San Diego, CA 92121 858.799.7000 FAX: 858.799.7010 www.tritech.com Item # 20 Attachment number 1 Page 2 of 4 The Support Renewal Agreement for TriTech Support Services is based upon the following TriTech Software licenses: Clearwater 10 month term to coinside with the Fiscal year Product Name $ ° # of Licenses Cost per License Total LicenseCost Support Term 12/1/08 - 9/30/09 Primary-Saver SWL-Multi 1 3,000.00 3,000.00 550.00 Dispatcher/Call Taker User S WL 15 10,000.00 150,000.00 27,500.00 Supervisor User S WL . 2 5,000.00 10,000.00 1,833.33 QA/Training Server S WL 1 10,000.00 10,000.00 1,833.33 Site License for TRU, Command Van QA Training Site License 1 12,000.00 12,000.00 2,200.00 Hot-Standby Server SWL 1 10,000.00 10,000.00 1,833.33 VisiN t Browser Site License 1 25,000.00 25,000.00 4,583.33 Data Archive Server License 1 18,500.00 18,500.00 3,391.67 Event Playback Module 1 7,500.00 7,500.00 1,375.00 NCIC/FCiC Query User License 17 500.00 8,500.00 1,558.33 SOP Module 1 7,500.00 7,500.00 1,375.00 Quickest Path Unit Recommendation Module 1 25,000.00 25,000.00 4,583.33 Geofile Cross Reference 1 2,500.00 2,500.00 458.33 Snapshot Module 1 2,500.00 2,500.00 458.33 Protocol Caller Instruction Module 1 7,500.00 7,500.00 1,375.00 Protocol Caller Instruction Module -1 7,500.00 (7,500.00) (1,375.00) A]erdine 1 15,000.00 15,000.00 2,750.00 G1SLinkUtility License 1 15,000.00 15,000.00 2,750.00 ANUALI Interface License 1 9,000.00 9,000.00 1,650.00 Master Timing Source Interface 1 0.00 0.00 0.00 NCIC/FCIC Interface 1 50,000.00 50,000.00 9,166.67 Connection Fee (NCIC/FCIC,RMS, PCO Computor,DAVID,Coplink 7 7,500.00 52,500.00 9,625.00 One way RMS Standard Incident Transfer Interface 1 15,000.00 15,000.00 2,750.00 CAD2CAD/CAD2AVL Interface 1 35,000.00 35,000.00 6,416.67 Interface Manager License 1 5,000.00 5,000.00 916.67 VisiN t Mobile Server 1 55,000.00 55,000.00 10,083.33 VisiNet Mobile Mapping Server 1 5,000.00 5,000.00 916.67 VisiNet Mobile to CAD Interface 1 0.00 0.00 0.00 VisiNet Mobile Base Client License 210 500.00 105,000.00 19,250.00 VisiNet Mobile AVL License with mapping 210 300.00 63,000.00 11,550.00 Message SWitch/NaC Interface License 1 0.00 0.00 0.00 Custom Mobile Enhancement (XML Automatic Download Header 1 5,250.00 5,250.00 0.00 Total Support Base Cost: 721,750.00 Total License Renewal Fee: 131,358.33 GDT Fee [ q: 0.00 Escrow Fee: 0.00 Other Ism Nor]: 0.00 Total Adjusted License Renewal Fee: 131,358.33 NOTES: 10 month term to coinside with the fiscal year As a part of your support renewal, you will receive one (1) free conference admission to the Annual VisiCon User's Conference. Travel and expenses are not included. Item # 20 Attachment number 1 Page 3 of 4 ACCEPTED AND AGREED: Signature Printed Name Title Date TRITECH SOFTWARE SYSTEMS Blake Clark CFO' Item # 20 TFgrMCH 8CWrWAFe 9Y8TEKAS Post ONIce Box #871382 Dallas, 7X 75287-1382 (858)799.7008 Bill To: Clearwater Police Department City of Clearwater P.O. Box 4748 Clearwater FL 33758 INVO'VG AAl7ir number 1 Page 4 of 4 2/5/2009 Ship To: PAGE: 1 Clearwater Police Department City of Clearwater P.O. Box 4748 Clearwater FL 33758 1 4300-60 Customer Support -12/1/08-9/30/09 Ea $0.00 $131,358.33 $131,358.33 10 month term requested by client to coinside with their Fiscal Year PLEASE NOTE REMIT TO ADDRESS CHANGE TriTech Software Systems Post Office Box # 671392 Dallas, TX 75267-1392 Subtotal $131,358.33 Tax $0.00 Freight $0.00 Ge? Total $131,358.33 Item # 20 ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Contract (Blanket Purchase Order) to Jet Age Fuel, Inc. of Clearwater, FL for an amount not to exceed $200,000 for the purchase of High Sulphur Diesel Fuel for Off Road equipment and Emergency Generators as per City of Clearwater RFP 17-09 during the contract period July 1, 2009 through June 30, 2011 and authorize the appropriate officials to execute same. (consent) SUMMARY: The fuel purchased under this contract will be used in all off road equipment and vehicles and stationary and mobile emergency standby generators. The price includes delivery to the various sites. This contract is for 2 years with 3 additional years as an option at the City of Clearwater discretion. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: None Current Year Cost: $200,000 Not to Exceed: $200,000 For Fiscal Year: 2009 to 2011 Appropriation Code Amount 566-06611-550500-519-000 $200,000 Annual Operating Cost: Total Cost: Appropriation Comment BPO Bid Required?: Yes Bid Number: 17-09 Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Solid Waste/General Support Services 4) Office of Approval: Management and Budget 5) Legal 6) Clerk 7) Assistant City Manager 8) Clerk 9) City Manager 10) Clerk Cover Memo Item # 21 ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Allied Universal Corporation of Miami, FL, from July 1, 2009, through March 31, 2010, for a total value of $121,499.87, for Liquid Sodium Hypochlorite, and authorize the appropriate officials to execute same. (consent) SUMMARY: Liquid Sodium Hypochlorite (bleach) is used to disinfect wastewater effluent and aids odor control at the City of Clearwater's three Water Pollution Control facilities. Allied Universal is the low bid for Sodium Hypochlorite in the Peace River Manasota Regional Water Supply Authority, 2009 Water Treatment Chemicals Bid for the period April 1, 2009, through March 31, 2010. This contract will be a "piggy back" on that bid. The contract provides bleach for the permanent disinfection feed system at the Northeast Plant and for odor control at all three (3) plants. Sufficient budget is available in the Water & Sewer Utility Fund operating cost center 0421-01351-551000-535-000-0000, WPC Operations, to fund FY08/09 in the amount of $40,945.01 and is planned in the budget request to be brought forward for FY09/10 in the amount of $80,554.86. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: None Current Year Cost: 40,945.01 Annual Operating Cost: Not to Exceed: Total Cost: 121,499.87 For Fiscal Year: 08/09 to 09/10 Appropriation Code Amount Appropriation Comment 0421-01351-551000-535-000- 40,945.01 FY 08/09 0000 0421-01351-551000-535-000- 80,554.86 FY 09/10 0000 Piggy Back Bid Required?: Yes Bid Number: - PRMRWSA Other Other Bid / Contract: Bid Exceptions: Government Bid Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 22 Attachment number 1 Page 1 of 1 A O U V m L- 0 L (n U j 0 ? N N O L U N 4+ > a U Z$ L O U N U U > L U) 41 - I I Q ? U 0 N L - - CO U CL CL a N O O O O N ra 0 0 0 0 Q0 0 N N N N 0 -p O ,-? 0 ,-? N C M M M M 0 W O l? M Q1 M 4-+ O Q) Q) U) U U) a a -0 cn 0 0 fn ?0 00 I'D _0 O U I ,? ? N L •- 0 O a N Q :LJ O L N O a"' U O C0 00 0-1 0 - 0 z a lD N :5 +q >- I 'D I? ? GO N a 0 0 0 0 U) E 4-J U) Q) J U a) 0 a L/) Item # 22 Attachment number 2 Page 1 of 3 NOTICE OF AWARD Water Treatment Chemicals (Bid Opening Date: March 11, 2009) Recommended Action - Award Purchase Contracts for Water Treatment Chemicals to the recommended lowest responsible and responsive bidders. Water treatment chemicals were bid in accordance with the Authority's Procurement Policy. Bids were opened on March 11, 2009. Staff recommends the Authority Board of Directors award contracts to the lowest responsible and responsive bidders as listed below at the Authority Board meeting on April 1, 2009. Bid tabulation is attached. *Bid Item No. 6 Powder Activated Carbon requires performance testing to determine the effective cost based on specific performance factors for the Peace River Facility. This testing has been completed. Carbon test results and performance evaluation is attached. Bid Item Recommended Bidder -_ ........... No. 1 C&S Chemicals, hie No. 2 Airgas Specialty Products, hie. No. 3 KED Group, Inc. Chemical Unit Cost Aluminum Sulfate kqua Ammonia Coagulant Aid No. 4 Chemrite, Inc. Copper Sulfate ...... _ -.- No. 5 Thatcher Chemical of Florida Potassium Pennanganate No. 6 N Calgon Carbon Corporation Powder Activated Carbon* No. 7 Brenntag Mid-South, Inc. Sodium Hydroxide No. 8 Allied Universal Corporation Sodium Hypochlorite $294.98 per ton r.. . _ ._ $0.6022 per gallon $1.30 per pound $1.38 per pound $2.5650 per pound $1,416.00 per ton $616.00 per ton $0.729 per gallon Failure to file a protect within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. Posted: March 25, 2009 Item # 22 Attachment number 2 Page 2 of 3 00 y a, eq O b p- bi O `n 0 x ? o ?D 00 N I- Z y C/) x O ..... y 'd ?O U ,,, = O O( O O O - O O O ? O ¢ O 0 I OU 0 0 00 rq ? 3 U ? H O a. d C) Cli kf) G 1° a, CL? Z p - o ?l v1 U Cn ? .C ? r3 U M a- ?n O? cn V1 o rre a\ Q1 i cr f? a? b ?Cq O z b ¢ o ? o O N cv O p M ? 3 O cd O M z bl) `+; ' b N ? H ? U O T Ctj a a z C/Z1 0 ¢ 0 •3 3 ? U O Cli 71 U Cli CO a) ° bn Cli 0 O° W o z . ° p C3 O a? U C/1 ::3 O o a) o U 0 z . r 17 U U A ? ~ cd U b U ?O _ N. N O Y ` ] , (d C! cd C) - ? U bi) Cli U Q ) U ° CIJ U Cn Q) C/) Q 0 W lY1 . (U > C's ¢ ¢ = W U U U U w° ti '? a ' z o ap D z Item #22 Attachment number 2 Page 3 of 3 Carbon Test Results and Performance Evaluation March 2009 Sample Number PAC PAC Com" --, -r,., Dose Per- Formance Factor Bid Cost Effective Cost PR-5 Cal on WPH-M 32.5 1 $1,416.00 1, = 1 F PR-4 MWC 437-R-08 34.75 1.07 $1,380.00 $1,476.60 PR-2 A Nuchar 75.25 231 $1,420.00 $3,280.20 PR-3 Jacobi Aqua Sorb c-500 76.25 2.35 $1,380.00 $3,243.00 PR-1 Norit H drodarco B 95.9 2-9 1$1,460.00 $4,234.00 Item # 22 Attachment number 3 Page 1 of 1 0 0 0 N 4) ftft V mo ,ww v1 V 44 V O .. 4) zi W OO C O O O M a M O 00 L) ? O ? O ON N O -W 6 M ? ? ? ? zl- O0 iA- U) It 0 M @ o Uo O U N U) (f) 0 0 Ln Ln 0 \ 0 Ln O O ra (D p O p p L U) (L) U L a? L N O D U > p Lu z CL U) ? 4-J ra LU ? Cn -° ? a O ? >- lD N LL O 00 O? N Ln 01 O O 74 U ? ? N 74 ipr W N p ? N O O 0 O +--q O 0 0 N 0 M 00 E O O N O N LL ? O L ? 0 41 0 c 00 O O V V o o O LL LL Il'- Item # 22 Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Work Order in the amount of $423,246 to URS Corporation, an Engineer-of-Record for the City of Clearwater, to provide Construction Engineering and Inspection (CEI) Services for the construction of the Chautauqua/Coachman Ridge and Morningside reclaimed water projects; and authorize the appropriate officials to execute same. (consent) SUMMARY: This Agenda Item is for the construction Engineering and Inspection Services of new reclaimed water transmission and distribution mains as outlined in the 1998 Reclaimed Water Master Plan Update (as updated in December 2007) for the Chautauqua and Coachman Ridge areas as well as Morningside area. The goal of these reclaimed water projects is to reduce the amount of potable water and groundwater being used for irrigation and other non-potable uses. In addition, expansion of the Reclaimed Water Distribution System in accordance with Reclaimed Water Master Plan brings the City of Clearwater closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface waters. Both the Chautauqua/Coachman Ridge and Morningside projects are similarly sized and have very similar construction schedules. Bids for both Morningside and Chautauqua/Coachman Ridge RCW Projects were opened in May and the awards of construction contracts for both projects are also brought forward to council for approval in this meeting. In an effort to achieve efficiencies, URS will provide CEI Services for both projects in the amount of $423,246 with $248,293 for Chautauqua/Coachman Ridge RCW Project and $174,953 for Morningside RCW Project. Both of these projects have a Cooperative Funding Agreement between the City and South West Florida Water Management District (SWFWMD), which includes reimbursement of up to 50% of the cost of design, permitting and construction of transmission and distribution of reclaimed water lines. Construction for both projects will commence in July 2009 with completion anticipated in ten (10) months for Morningside and in thirteen (13) months for Chautauqua/Coachman Ridge. The City of Clearwater's Public Utilities Department Water Division is responsible for owning, operating and maintaining the reclaimed water system. Sufficient budget and funding with 2009 Water and Sewer Revenue Bond proceeds are available in project 0376-96739, Reclaimed Water Distribution System, in the amount of $248,293.00. Sufficient budget and revenue are available in project 0315- 96739, Reclaimed Water Distribution system in the amount of $174,953.00 for a total of $423,246.00 for this contract. A third quarter amendment will increase the budget for Other Governmental Revenues (337900) in project 0315-96739, Reclaimed Water Distribution System for the SWFWMD's share of this contract in the amount of $211,623.00. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See Summary Current Year Cost: $423,246.00 Not to Exceed: $423,246 Budget Adjustment: Yes Cover Memo Annual Operating Cost: Item # 23 Total Cost: $423,246 For Fiscal Year: 2008 to 2009 Appropriation Code Amount Appropriation Comment 0376-96739-561300-533-000- $248,293.00 See Summary 0000 0315-96739-561300-533-000- $174,953.00 See Summary 0000 Review 1) Office of Management and Budget 2) Engineering 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant Approval: City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 23 Attachment number 1 Page 1 of 9 URS CORPORATION SOUTHERN WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: May 28, 2009 City Project Number: 07-0053-UT & 05-0022-UT Proj ect Number: 1. PROJECT TITLE: Chautauqua/Coachman Reclaimed Water Project Construction Management and Resident Project Representative Services (L810) and Morningside Reclaimed Water Construction Management and Resident Project Representative Services (L254) 2. SCOPE OF SERVICES: The project provides for the Construction Management and Resident Project Representative (RPR) Services for the Chautauqua/Coachman Ridge and the Morningside reclaimed water (RCW) distribution systems and their associated extensions of the reclaimed water transmission system. This work order is based upon the understanding that approximately 53,162 feet of RCW distribution main (4-, 6- and 8-inch) and 11,920 feet of RCW transmission main (12-inch) will be constructed for the Chautauqua and Coachman Ridge service areas within the CITY. This work order is based upon the understanding that approximately 22,000 linear feet of 3- and 4-inch RCW distribution main, and approximately 17,000 linear feet of 8- and 10- inch RCW transmission main for the Morningside services within the CITY. This work order provides for: Construction Management, progress meetings, processing applications for payment, the review of construction schedules, processing of field orders, work directive changes and Change Orders, Resident Project representative On-site 1 ,?,..,-?,o..o--,-.. -1Wm 23 Attachment number 1 Page 2 of 9 observation services, substantial and final completion milestones, start up activities and Record Drawings. CONSTRUCTION MANAGEMENT SERVICES Task 1- Construction Management URS Corporation Southern (URS) will provide Construction Management (CM) Services for the project. URS will document and respond to the CITY and CONTRACTOR correspondence associated with the project. Depending on the nature of the issue contained in the correspondence, URS will either respond directly to the CONTRACTOR or coordinate with the CITY to provide a response to the issue. During the course of the project, URS will provide CM to maintain schedule, scope and budget requirements. URS will prepare the bimonthly project status reports for the CITY's use in coordinating with SWFWMD. URS will visit the Chautauqua/Coachman Ridge RCW project site up to ten (10) times. URS will visit the Morningside RCW project site up to eight (8) times as needed or as requested by the CITY. The intent of these project site visits will to provide the CONTRACTOR clarification and/or direction as needed to supplement the project -PR's construction observation. Task 2 - Monthly Progress Meetings URS will schedule, convene, administer and document up to twelve (12) construction progress meetings for the Chautauqua/Coachman Ridge RCW project. URS will schedule, convene, administer and document up to ten (10) construction progress meetings for the Morningside RCW project. URS will prepare an agenda for each progress meeting. URS will prepare the meeting minutes and distribute the minutes to all attendees and/or interested parties within fourteen (14) calendar days. 2 Attachment number 1 Page 3 of 9 Task 3 - Process Applications for Payment The CONTRACTOR will submit applications for payment to URS. URS will review up to twelve (12) applications for payment for the Chautauqua/Coachman Ridge RCW proj ect. URS will review up to ten (10) applications for payment for the Morningside RCW proj ect. URS will verify that the contractor is up to date on the red line as-built drawings prior to approval of each application for payment for both Chautauqua/Coachman Ridge and Morningside RCW projects. The review of the applications for payment includes the schedule of values associated with each application for payment. Upon URS's initial approval, URS will forward the application for payment to the CITY for payment. If URS disapproves an application for payment, said application will be returned to the CONTRACTOR for revision and resubmittal. Task 4 - Review Construction Schedules URS will review up to twelve (12) progress schedules as submitted by the CONTRACTOR for the Chautauqua/Coachman Ridge RCW project. URS will review up to ten (10) progress schedules as submitted by the CONTRACTOR for the Morningside RCW project. The review will consist of the confirmation of the CONTRACTOR's monthly progress of the work. URS will identify project elements/tasks that are ahead of schedule, on schedule, and/or behind schedule. Based upon the identified progress of the individual project tasks, URS will alert the CONTRACTOR to issues associated with the project's critical path. If any point during the progress of the work URS is of the opinion that Contract Work will not be completed on time, the CONTRACTOR will be advised in writing with facts supporting URS' S 3 Attachment number 1 Page 4 of 9 opinion. The CITY and government/funding agencies will be sent copies of this correspondence. Task 5 - Process Field Orders, Work Directive Changes and Change Orders URS will review and/or process field orders, work directive change authorizations, and change orders. URS will review/process up to twenty (20) field orders and up to twenty (20) work directive change authorizations and prepare up to ten (10) change orders for the Chautauqua/Coachman Ridge RCW project. URS will review/process up to fourteen (14) field orders and up to fourteen (14) work directive change authorizations and prepare up to ten (10) change orders for the Morningside RCW project. URS will coordinate with the CONTRACTOR and CITY regarding changes to the Work. URS will negotiate with the CONTRACTOR regarding changes to Contract Time and/or the Contract Cost associated with each change order. If URS, the CONTRACTOR and CITY cannot agree on the lump sum or unit price change order value, then the change order will be based upon agreed to time and materials limits and values. Task 6 - Resident Project Representative On-Site Services URS will provide a part time (24 hours per week) senior RPR for 10 months (1040 hours) and a part time (20 hours per week) staff RPR for 10 months (860 hours) during the construction of the Chautauqua/Coachman Ridge RCW project. URS will provide a part time (16 hours per week) senior RPR for 8 months (560 hours) and a part time (20 hours per week) staff RPR for 8 months (690 hours) during the construction of the Morningside RCW project. The senior RPR and the staff RPR will provide on-site observation services to confirm that the CONTRACTOR is constructing the projects in conformance to the Contract Documents. The RPRs will maintain a daily log documenting CONTRACTOR activities 4 Attachment number 1 Page 5 of 9 and progress on the project. The RPRs may also attend month progress meetings as required. Task 7 - Substantial Completion URS will prepare and deliver to the CITY a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. At the request of the CONTRACTOR, URS will conduct one (1) walk through inspection of the Chautauqua/Coachman Ridge RCW project with the CITY and CONTRACTOR URS will generate a tentative list of items to completed or corrected prior to final payment for the Chautauqua/Coachman Ridge RCW project. The list will be attached to the certificate of Substantial Completion for the Chautauqua/Coachman Ridge RCW prod ect. At the request of the CONTRACTOR, URS will conduct one (1) walk through inspection of the Morningside RCW project with the CITY and CONTRACTOR URS will generate a tentative list of items to completed or corrected prior to final payment for the Morningside RCW project. The list will be attached to the certificate of Substantial Completion. If URS concludes that the Work is not substantially complete, URS will notify the CONTRACTOR in writing stating the reasons therefore within fourteen (14) calendar days after the walk through. If the URS considers the Work to be substantially complete, the URS will deliver to the CITY and CONTRACTOR a definitive certificate of Substantial Completion with a revised tentative list of items to completed or corrected. Task 8 - Final Completion Upon written notice from the CONTRACTOR that the entire Work is complete, URS will conduct one (1) final inspection with the CITY and the CONTRACTOR for the Chautauqua/Coachman Ridge RCW project. URS will notify the CONTRACTOR in writing within seven (7) calendar days of any work that is incomplete or defective. If URS considers the Chautauqua/Coachman Ridge RCW project to be complete, URS will issue a written notification identifying the date of final completion of the Work. 5 Attachment number 1 Page 6 of 9 Upon written notice from the CONTRACTOR that the entire Work is complete, URS will conduct one (1) final inspection with the CITY and the CONTRACTOR for the Morningside RCW project. URS will notify the CONTRACTOR in writing within seven (7) calendar days of any work that is incomplete or defective. If URS considers the Morningside RCW project to be complete, URS will issue a written notification identifying the date of final completion of the Work. Task 9 - Start Up Activities At the request of the CONTRACTOR, URS will notify the CITY that the facility is ready to commence start up activities on the Chautauqua/Coachman Ridge RCW project. URS will witness the start up activities of the CONTRACTOR and manufacturer representatives. URS will document the start up activities and will provide a brief report of the results of the facility start up. At the request of the CONTRACTOR, URS will notify the CITY that the facility is ready to commence start up activities on the Morningside RCW project. URS will witness the start up activities of the CONTRACTOR and manufacturer representatives. URS will document the start up activities and will provide a brief report of the results of the facility start up. 3. PROJECT GOALS: The project goals are to construct new reclaimed water distribution systems for the CITY to continue to expand its reclaimed water customer base and to increase the amount of reclaimed water used to offset potable water demand for nonpotable uses. Additionally the increased use of reclaimed water within the CITY will also help to reduce the amount of treated effluent that is discharge to surface waters for disposal. 6 23 Attachment number 1 Page 7 of 9 4. BUDGET: Chautauqua/Coachman Ridge RCW See Attachment "B-1" This price includes all labor and expenses anticipated to be incurred by URS Corporation Southern for the completion of these tasks, on a Time and Materials Basis not-to-exceed Two Hundred Forty-Eight Thousand Two Hundred and Ninety-three Dollars ($248,293). Task 1 - Construction Management $ 75,370 Task 2 - Monthly Progress Meetings $ 14,136 Task 3 - Process Application for Payments $ 2,826 Task 4 - Review Construction Schedules $ 1,997 Task 5 - Process Field Orders, Work Directive Changes & Change Orders $ 6,568 Task 6 - RPR On-Site Services $1 39,980 Task 7 - Substantial Completion $ 1,972 Task 8 - Final Completion $ 1,972 Task 9 S tart-up Activities $ 1,972 Other Di rect Costs $ 1,500 Subtotal $248,293 MORNINGSIDE RCW See Attachment "B-2" This price includes all labor and expenses anticipated to be incurred by URS Corporation Southern for the completion of these tasks, on a Time and Materials Basis not-to-exceed One Hundred Seventy-Four Thousand Nine Hundred and Fifty-Three Dollars ($174,953). 7 Attachment number 1 Page 8 of 9 Task 1 - Construction Management Task 2 - Monthly Progress Meetings Task 3 - Process Application for Payments Task 4 - Review Construction Schedules Task 5 - Process Field Orders, Work Directive Changes & Change Orders Task 6 - RPR On-Site Services Task 7 - Substantial Completion Task 8 - Final Completion Task 9 - Start-up Activities Other Direct Costs Subtotal Total Work Order: 5. SCHEDULE: $ 55,167 $ 11,806 $ 2,493 $ 1,664 $ 6,570 $ 90,337 $ 1,972 $ 1,972 $ 1,972 $ 1,000 $174,953 $423,246 The construction of the Chautauqua/Coachman Ridge RCW project is to be completed 405 calendar days from issuance of Notice-To-Proceed. The construction of the Morningside RCW project is to be completed 300 calendar days from issuance of Notice-To-Proceed. 6. STAFF ASSIGNMENT : Officer-in-Charge: Construction Manager: Senior Construction Engineer: Construction Engineer: CADD Designer: Administrative Assistant: Dana Tallman, P.E. Craig Osmanski, P.E. David Hall TBD David Ellis Lisa Lanier 8 Attachment number 1 Page 9 of 9 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Craig Osmanski, P.E. All City project correspondence shall be directed to Lan-Anh Nguyen, P.E. with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Veronica Josef, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to the CITYS Engineer of Record contract procedures and requirements. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 376-96739-561300-533-000-0000 (Chautauqua/Coachman Ridge RCW) City Invoicing Code: 0315-96739-561300-533-000-0000 (Morningside RCW) 9. ENGINEER CERTIFICATION: URS will certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471 (481), that the facilities have been completed to the point where the facilities are functionally complete. URS will further certify that construction on these facilities has proceeded substantially in accordance with the permit and the approved engineering report and engineering materials, or that deviations noted will not prevent the system from functioning in compliance with all applicable statutes of the State of Florida. PREPARED BY: Dana K. Tallman, PE Vice President URS Corporation Southern APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Date 9 Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the URS Corporation work order in the amount of $429,917.00 for engineering design and limited support services during construction of the Clearwater Glen Oaks/Palmetto Reclaimed Water Distribution Project (08-0043-UT), and approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) which provides reimbursement of project costs up to $2,890,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: This Work Order provides for engineering and design services for the construction of new reclaimed water transmission and distribution mains as outlined in the 1998 Reclaimed Water Master Plan Update (as updated in December 2007). The goal of this and all other reclaimed water projects is to reduce the amount of potable water and groundwater being used for irrigation and other non-potable uses. In addition, expansion of the Reclaimed Water Distribution System in accordance with Reclaimed Water Master Plan brings the City of Clearwater closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface waters. This project will target the Glen Oaks/Palmetto area, the main portion of the project is located south of Russell Street and west of Jupiter Avenue and is bounded to the south by Druid road, and six large recreational/commercial/aesthetic (RAC) customers which include Glen Oaks Park, St. Cecilia Catholic School soccer fields, Clearwater Intermediate School, Betty-Drew Apartment, and Crest Lake Park/Dog Park. The new distribution system will provide reclaimed water to approximately 550 residential customers. The design phase is anticipated to be complete by February 2010, with the construction phase scheduled for completion by December 31, 2012. URS Corporation is one of the City's Engineers-of-record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. § This item is a continuation of the development of an expanded reclaimed water system in the City of Clearwater. The purpose of this contract is to accept SWFWMDfunding in support of constructing reclaimed water service to the Glen Oaks/Palmetto area of the City of Clearwater. The Cooperative Funding Agreement between the City and SWFWMD includes reimbursement of up to 50% of the cost of design, permitting and construction costs for transmission and distribution of reclaimed water lines up to a maximum of $2,890,000. There are no costs associated with accepting the Cooperative Funding Agreement. The estimated total project cost is $5,780,000 and the City's estimated share of the project costs are $2,890,000. Sufficient budget and funding with 2009 Water and Sewer Revenue Bond proceeds is available in project 0376-96739, Reclaimed Water Distribution in the amount for $429,917.00 for this work order. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Current Year Cost: $429,917.00 Annual Operating Cost: Not to Exceed: $429,917.00 Total Cost: None $429,917.00 Cover Memo Item # 24 For Fiscal Year: 2008 to 2009 Appropriation Code Amount Appropriation Comment 0376-96739-561300-533-000- $429,917.00 See summary 0000 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 24 Attachment number 1 Page 1 of 12 URS SOUTHERN WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: March 17, 2009 City Project Number: 08-0043-UT Proj ect Number: 1. PROJECT TITLE: Glen Oaks & Palmetto Reclaimed Water Transmission, and Distribution Project (N095) 2. SCOPE OF SERVICES: The project provides for the design, bidding services and limited engineering services during construction for one (1) reclaimed water distribution system and its associated extensions from the reclaimed water transmission system. This work order is based upon the understanding that approximately 56,000 feet of 4- to 8-inch reclaimed water distribution mains will be designed and constructed for the Glen Oaks & Palmetto area within the CITY. This work order provides for: data collection, the development of a Basis of Design Report (BODR), the development of the 60 percent plans and technical specifications, the development of the 90 percent plans and technical specifications, the development of the 100 percent plans and technical specifications, the development of final plans and technical specifications, two (2) public involvement meetings (including preparation), bidding assistance and the development of addenda required, limited services during construction ( shop drawings review and responses to requests for information (RFIs) from the construction contractor. The design plans shall be compiled using the City of Clearwater CAD standards, as attached. I - PRE-DESIGN PHASE Task 1- Kick Off Meeting URS will convene a Kick Off Meeting with the CITY within one (1) week after the Notice to Proceed. URS will develop the agenda for the Kick Off Meeting with input from the CITY. The Kick Off Meeting will discuss and document the points of contacts within the CITY and URS, communication protocol, data requirements, the scope of work, SWFWMD Cooperative C:AProgramHcs\Neevia.Com\Doc=cnt Converter\temp\Agenda.PDFConvert.ilem # 24 Attachment number 1 Page 2 of 12 Funding Agreement conditions, project schedule, milestones and submittals, and other miscellaneous issues. URS will prepare minutes of the Kick Off Meeting and will distribute them to the meeting attendees. Task 2- Data Collection URS will work with the CITY of collect existing data that will benefit the project. Examples of data required are water and sewer atlases, record drawings of existing reclaimed water facilities associated with the design of the project. Also the design of the project will require hydraulic modeling. URS currently has a significant amount of information on the CITY's current reclaimed water hydraulic models, there maybe additional information required from the CITY or its modeling consultant to complete the hydraulic modeling of the project. 11 - DESIGN PHASE Task 1- Survey URS will perform the survey work required to develop the base information and the horizontal/vertical control for the design and construction plans. The approach involves the development of planimetrics from aerial photogrammetry followed by field surveying of the full right-of-way. The following sequence of task will be undertaken for the project: a. Measure down information will be obtained on structures. b. Side lot line information will not be acquired. c. Planimetric Mapping (Aerial Photogrammetry) 1. URS will prepare V = 20' scale planimetric mapping from right of way to right of way showing the following visible features; major roadways, streets, railroads, sidewalks, driveway turnoffs to back of sidewalk, utility poles, culverts, catch basins, signs, manholes, fire hydrants, posts, utility boxes, mail boxes, concrete slabs, trails, walls, towers, water bodies, transmission lines, billboards, swamps, bridges and timbered areas. 2. URS will ground truth mapping and supplement as required. C:AProgramHcs\Neevia.Com\Doc=cnt Converter\temp\Agenda.PDFConvert.ilem # 24 Attachment number 1 Page 3 of 12 3. Photogrametric services include, flight and photography, aerial triangulations, planimetric mapping and digital files with face of buildings. 4. Raster images will not be included in the survey work product. d. Right-of-Way Mapping and Determination 1. URS will determine approximate right-of-way line on both sides of each road within project area. 2. For on unpaved roads or those not shown on the CITY project map, URS will determine the both sides of the right-of-way. 3. URS will add the right-of-way lines to planimetric mapping. 4. URS will shown side lot lines in the survey work product. e. Utility Depths 1. URS will obtain measure downs on accessible structures. 2. Measure down information will be added to planimetric mapping. f. Miscellaneous Items 1. Trees (4" D.B.H.) will be located to 5 feet outside right-of-way line. 2. The outline of areas of significant ornamental vegetation will be shown. Individual items will not be located. 3. Street addresses for the parcels to be served will be incorporated into the survey files. g. Reclaimed Water Main Routes 1. Title information will be provided to URS on any undeveloped right-of-way sections. 2. Jurisdictional wetlands' locations not included unless areas determined prior to the final scope. 3. Reclaimed water main routes will have topography located in a 50-foot wide area. C:AProgramHcs\Neevia.Com\Doc=cnt Converter\temp\Agenda.PDFConvert.ilem # 24 Attachment number 1 Page 4 of 12 Task 2- Geotechnical The purpose of the geotechnical services is to provide subsurface soil conditions and relevant geotechnical engineering properties as well as to provide geotechnical recommendations to guide project design and construction. The objective of the geotechnical study will be to obtain information concerning subsurface conditions at within the project area in order to obtain data to base engineering estimates and recommendations in each of the following areas: Suitability of materials on-site for use as backfill. Recommendations for placement and compaction of approved fill materials. General location and description of potentially deleterious materials discovered in the borings, which may interfere with construction progress including existing fills or surficial organics. Identification of groundwater levels and estimation of Seasonal High Groundwater Table (SHGWT) levels. URS will review readily available published soils and topographic information. This published information will be obtained from the appropriate Florida Quadrangle Map published by the United States Geological Survey (USGS), and the Soil Survey for Pinellas County, published by the United States Department of Agriculture (USDA) Soil Conservation Service (SCS). URS will execute a program of subsurface exploration consisting of borings, subsurface sampling and field-testing. We plan to perform a total of fifty-six (56) Standard Penetration Test (SPT) borings to a depth of 10 feet below existing grade along the pipeline alignment. In each SPT boring, samples will be collected and SPT resistances will be measured virtually continuously to the boring termination depth. URS will visually classify the samples in the laboratory using the Unified Soil Classification System (USCS). Identify soil conditions at each boring location and form an opinion of the site soil stratigraphy. URS will prepare a formal engineering report in accordance with this proposal, which summarizes the course of study pursued, the field data generated, subsurface conditions encountered and engineering recommendations in each of the pertinent topic areas. Task 3- Subsurface Utility Engineering The location of potential utility conflicts is not known at this time. It is assumed that up to forty (40) utility conflicts will be encountered which will require field verification by subsurface utility evaluation. C:AProgramHcs\Neevia.Com\Doc=cnt Converter\temp\Agenda.PDFConvert.ilem # 24 Attachment number 1 Page 5 of 12 Task 4- Development of Basis Of Design Report (BODR) During the Data Collection task, URS will begin the development of the BODR for the project. The BODR will serve as the basis of design and will be considered the 30 percent deliverable of the design effort. The BODR will provided detail regarding the project, the general alignment of the reclaimed water transmission and distribution systems, hydraulic modeling of the new systems and pipeline sizing, a preliminary listing of required specification sections, identification of potential major conflicts and construction issues, opinion of probable construction costs, conceptual construction phase schedule. URS will submit six (6) copies of the draft BODR to the CITY for review and comment. URS will convene a BODR review meeting with the CITY to receive review comments approximately two (2) weeks after the submission of the BODR to the CITY. URS will prepare and distribute minutes (comments and responses) of the BODR review meeting to the attendees. Based upon the comments received during the review meeting URS will finalize the BODR. Upon completion of the final BODR, URS will submit ten (10) copies of the final BODR to the CITY. Task 5- Development of 60 Percent Plans and Technical Specifications From the basis of design developed in the BODR, URS will develop the 60 percent completion level plans and technical specifications. The plans will be plan view with profile details for identified areas of potential conflict or in areas that will require additional profile information (e.g. Pinellas County road and/or railroad crossings). The 60 percent plans will contain: a cover sheet, general notes and index, survey data sheet, geotechnical information and typical details. The 60 percent technical specifications will include those specialty sections required for the project that are not within the CITY's standard specification sections. Also the 60 percent submittal will include a preliminary bid form, measurement and payment section, and opinion of probable construction cost. The BODR and the 60 percent submittal will be used as supporting information for FDEP, Pinellas County and SWFWAM permit applications. The 60 percent submittal will include draft permit application packages for the CITY's review and comment. URS will submit six (6) sets of the 60 percent plans, technical specification sections and opinion of probable construction cost to the CITY for review and comment. URS will convene a 60 percent review meeting with the CITY to receive review comments approximately two (2) weeks after the submission of the 60 percent documents to the CITY. URS will prepare and distribute minutes (comments and responses) of the 60 percent review meeting to the attendees. C:AProgramHcs\Neevia.Com\Doc=cnt Converter\temp\Agenda.PDFConvert.ilem # 24 Attachment number 1 Page 6 of 12 Task 6- Development of 90 Percent Plans and Technical Specifications From the review of the 60 percent plans, technical specifications and opinion of probable construction cost, URS will develop the 90 percent completion level plans and technical specifications. The plans will be plan view with profile details for identified areas of potential conflict or in areas that will require additional profile information (e.g. Pinellas County road and/or railroad crossings). The 90 percent plans will contain: a cover sheet, general notes and index, survey data sheet, geotechnical information and typical details. The 90 percent technical specifications will include those specialty sections required for the project that are not within the CITY's standard specification sections. Also the 90 percent submittal will include the bid form, measurement and payment section, and opinion of probable construction cost. URS will submit six (6) sets of the 90 percent plans, technical specification sections and opinion of probable construction cost to the CITY for review and comment. URS will convene a 90 percent review meeting with the CITY to receive review comments approximately two (2) weeks after the submission of the 90 percent documents to the CITY. URS will prepare and distribute minutes (comments and responses) of the 90 percent review meeting to the attendees. III - FINAL DESIGN PHASE Task 1- Development of 100 Percent Plans and Technical Specifications From the review of the 90 percent plans, technical specifications and opinion of probable construction cost, URS will develop the 100 percent completion level plans and technical specifications. The plans will be plan view with profile details for identified areas of potential conflict or in areas that will require additional profile information (e.g. Pinellas County road and/or railroad crossings). The 90 percent plans will contain: a cover sheet, general notes and index, survey data sheet, geotechnical information and typical details. The 100 percent technical specifications will include those specialty sections required for the project that are not within the CITY's standard specification sections. Also the 100 percent submittal will include the bid form, measurement and payment section, and opinion of probable construction cost. Also any known permit conditions at the time of the submittal will be included in the 100 percent plans and technical specifications. URS will submit six (6) sets of the 100 percent plans, technical specification sections and opinion of probable construction cost to the CITY for review and comment. URS will convene a 100 percent review meeting with the C:AProgramHcs\Neevia.Com\Doc=cnt Converter\temp\Agenda.PDFConvert.ilem # 24 Attachment number 1 Page 7 of 12 CITY to receive review comments approximately two (2) weeks after the submission of the 100 percent documents to the CITY. URS will prepare and distribute minutes (comments and responses) of the 100 percent review meeting to the attendees. Task 2- Development of Final Plans and Technical Specifications From the review of the 100 percent plans, technical specifications and opinion of probable construction cost, URS will develop the final plans and technical specifications. The plans will be plan view with profile details for identified areas of potential conflict or in areas that will require additional profile information (e.g. Pinellas County road and/or railroad crossings). The final plans and technical specifications will be ready for advertisement by the CITY for bidding by general utility contractors. URS will submit two (2) sets of the final plans, and specifications and opinion of probable construction cost to the CITY for review and comment. URS will also submit the final plans and specifications in electronic form (AutoCAD for the final plans and Word for the final specifications) and one signed and sealed original set of plans. It is anticipated that the final plans and specifications will be used by the CITY for bidding and construction of the project. IV - BIDDING PHASE Task 1- Attendance at Pre-Bid Conference URS will attend the pre-bid conference. The purpose of URS attendance is to answer technical questions with respect to the design. URS will not be responsible for questions or providing information involving the contract between the CITY and the contractor. Task 2- Preparation of Addenda URS will prepare up to two (2) addenda during the bid phase to formally answer bidder's technical questions, clarify issues or adjust the bid documents prior to the bid opening. Task 3- Recommendation of Award Following bid advertisement by the CITY, URS will review the bids submitted by the contractors and provide an award recommendation to the CITY. C:AProgramHcs\Neevia.Com\Doc=cnt Converter\temp\Agenda.PDFConvert.ilem # 24 Attachment number 1 Page 8 of 12 V - CONSTRUCTION PHASE Task 1- Attendance of Pre-Construction Conference URS will attend the pre-construction conference. The purpose of URS attendance is to answer technical questions with respect to the design. URS will not be responsible for questions or providing information involving the contract between the CITY and the contractor. Task 2- Review and Approval of Shop Drawings URS will review and approve up to thirty (30) of the contractor submitted shop drawings for the project. URS will review the contractor submitted shop drawings up to two (2) times each. Task 3- Response to Requests for Information (RFIs) During construction URS will review and respond up to thirty (30) contractor or CITY generated RFIs. All responses with be in writing and will be submitted to the CITY for its transmittal to the contractor. VI - PROJECT MANAGEMENT During the course of the project, URS will provide project management to maintain schedule, scope and budget requirements. Also it is understood that SWFWMD will require bimonthly project status reports during the design and construction of the project. URS will prepare the bimonthly project status reports for the CITY's use in coordinating with SWFWMD. Additionally URS will maintain open lines of communication with the CITY and will meet with the CITY as required. It is assumed that there will be four (4) project meetings that are in addition to other meetings identified in Tasks I through V. It is assumed that those other meetings will have a project management and status agenda item and will suffice for the purposes of the CITY with regard to the status of the project and issues at the time. VII - PUBLIC INVOLVEMENT It is anticipated that two (2) public involvement meetings will be convened during the design of the project. URS will attend both meetings if required and will prepare a MS PowerPoint presentation for each meeting. It is anticipated that the URS presentation will include project design and C:AProgramHcs\Neevia.Com\Doc=cnt Converter\temp\Agenda.PDFConvert.ilem # 24 Attachment number 1 Page 9 of 12 configuration information, anticipated schedule of design and construction activities, and other pertinent information for the public. It is also anticipated that the CITY will conduct reclaimed water user interest surveys within the reclaimed water distribution areas to gauge potential customer connections. URS will assist the CITY with the surveys as required. 3. 4. PROJECT GOALS: The project goals are to design and construct new reclaimed water distribution systems for the CITY to continue to expand its reclaimed water customer base and to increase the amount of reclaimed used to offset potable water demand for nonpotable uses. Additionally the increased use of reclaimed water within the CITY will also help to reduce the amount of treated effluent that is discharge to surface waters for disposal. The work products developed will include the draft and final BODRs, 60-, 90-, 100- percent plans and technical specifications, a final bidding set of plans and specifications, opinions of probable construction cost, survey electronic files, geotechnical report, regulatory permit applications, bimonthly project status reports. The plans will be drafted in AutoCAD and the text documents will be MS Word documents. Any public information presentations will be in MS PowerPoint. BUDGET: The fee estimate for this assignment is shown below and is also located on Attachment "B" This price includes all labor and expenses anticipated to be incurred by URS Corporation Southern for the completion of these tasks, not to exceed Four Hundred Twenty Nine Thousand Nine Hundred and Seventeen Dollars ($429,917.00). This fee includes funds for pay for permit application fees to be reimbursed by the CITY. Task I Pre-Design $3,624.00 Task II Design $314,108.00 Task III Final Design $38,246.00 Task IV Bidding Phase $11,254.00 Task V Construction Phase $18,707.00 Task VI Project Management $16,718.00 Task VII Public Involvement $17,760.00 Permit Review Fees $3,000.00 Other Direct Costs $6,500.00 Total $429,917.00 C:AProgramHcs\Neevia.Com\Doc=cnt Converter\temp\Agenda.PDFConvert.ilem # 24 Attachment number 1 Page 10 of 12 5. SCHEDULE: The design portion of the project is to be completed 250 days from issuance of notice-to-proceed. The schedule is based upon the assumption of the CITY reviews of the project work products will be completed in two (2) weeks from the date of submission. The project deliverables are to be phased as follows: No. of days after NTP 30% Draft BODR 30% Final Preliminary BODR 60% Plans, Technical Specifications and Permit Apps 90% Plans and Technical Specifications 100% Plans and Technical Specifications Final Construction Documents 6. STAFF ASSIGNMENT (Consultant): Officer-in-Charge: Project Manager: Engineer III: Construction Manager: Senior Designer: CADD Operator: Admin Assistant: Dana K Tallman, P.E. Bozho Handjiev, P.E. Maria Muller, E.I. Craig Osmanski, P.E. David Ellis Terry Sonnenberg Lisa Woodard 7. CORRESPONDENCE/REPORTING PROCEDURES: 60 calendar days 90 calendar days 175 calendar days 200 calendar days 220 calendar days 250 calendar days ENGINEER's project correspondence shall be directed to Bozho Handjiev, P.E. All City project correspondence shall be directed to Lan-Anh Nguyen, P.E. with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Veronica Josef, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to the City's Engineer of Record contract procedures and requirements. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0376-96739-563100-533-000-0000 C:AProgramHcs\Neevia.Com\Doc=cnt Converter\temp\Agenda.PDFConvert.ilem # 24 Attachment number 1 Page 11 of 12 9. ENGINEER CERTIFICATION: URS will certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471 (481), that the above project's construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. We understand that it is our responsibility as the project's Professional Engineer to perform a quality assurance review of these submitted plans to ensure that such plans are free from negligent errors and/or omissions. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents, which we may subsequently tender. 10. SPECIAL CONSIDERATIONS: URS shall meet or assist the City with meeting all conditions of SWFWMD Cooperative Funding Agreement. PREPARED BY: Dana K. Tallman, PE Vice President URS Corporation Southern Date APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date C:AProgramHcs\Neevia.Com\Doc=cnt Converter\temp\Agenda.PDFConvert.ilem # 24 Attachment number 1 Page 12 of 12 € Clearwater 0 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment "A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address tom.mahonygclearwater-fl.com ? All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. C:AProgramHcs\Neevia.Com\Doc=cnt Converter\temp\Agenda.PDFConvert.ilem # 24 Attachment number 2 Page 1 of 30 AGREEMENT I I( ? I _11, )! 11 11 11 11 11 ?') C)OPFF,"=,T1%i'fk F _+C?1I?[C1 G'RI LP,1E klT i f i I- I I HE SOUTH . f _.I I ," DA C E i r!I"? , % ; ENT I f"11 1 THE CITY 01= ?LEARVV =\ C f - F Ft THE LEARWATER (:',I-FN DADS f !J,,IETTr 111 .. I ;A MED WATER I _,TRI UTIO[ 1 'i l '_!f THIS COOPERATIVE FUNDING ACRE[ t.ll-tJi 1 ivi t1 SOUTHWEST TER rv'`:;4•1?'< d C,IE i_l Florida, 111d s 37f' be, -i fli 1 it Fi i?d - s-AncI to River F,J ,ht_ "DISTRICT," and C11Y OF EAR'VVATEF Floii(,1;3 %diose idd1{. . 11 South Osceola I'r;-3t Off I, ? F'z •ii' 1 ? le r. ,t r FIondc- ,,,,)i")b, here inaftrr i, irrred to its fh- °" ,i lTY ,, \?`JITNESSETH: WHEREAS. the CITY proposed a pr ,j, i t to the DISTRICT for funding consideration under the DISTRICT'S cooperative funding I ? tm and ViFiFRE ,sl, th, t cor;si?,t-; _ f the design, permitting and constri_cti?;n _,1 i i ;j tir ed wjt[ r Lind di4,trjl ujli, in I ne in the Glen Oaks and Pi.ilm-11 t ,s ? I ar %r-t k i, I,s i ,ifter reterred to a- the "PROJECT", and WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the SITS' in fUndincJ the PR JEST; and VJHF.F;E., S, 1 1- 1 i?iCT funding f r the PROJECT may r Iti i ii,. i the ,' titer Protection and .,u tainahility t'ri- i.ti,il Trust Fund (V, F =>P 1 l_), l kiwi , t t I)arirr,-w of Environmental Protection (FDEP) , A?Io,_l if State irr, wi i; d A i tar? _1_jfllber; CS FA 37.066. NOW THEREFORE, the DISTRICT mil the CITY, in consideration of the n1 rft,, 31 t?rrn , covenants and conditions set forth agree a follows- 1. FROJE T MAN _GFR ,?'ND NOTICES. Each party hert t yv di `irimite the ; .?mj,Coyee yet l, below as it r i,+ :tire Project Manager. assist with F'KOJECT coordi , tic) F °%iil he each party's primr,, cont-i t p_-is+v Notice and rr [ _,F 1 vrill be sent t, the itt? i scion of each party's Project Man, l at r h,,, U.S, mail,. P l " i,:i to t[-Ii, ,_;iddresse a set forth in the introductory, ` ,? ,.aa?tph of this irk, c fnent.. P , , ,_t 1`1-i,7?: i ai r for the DISTRICT: Anthony Andrade Pf (ject M iii itj,r r for the CITY. Jerry Well Item # 24 Attachment number 2 Page 2 of 30 Al tr) the above representatives or addresses must be provided to the other trL " i;I Mfrs J_. 1.1 Th I I Tf ?i( l `. f-' 1. Th I jI, TI ICT Prni(-( t r ,, !'I e item ; nourrt of the f', Pr l Ct rIt 1 11 ?rrlr i' L I 1 it If thl I "IIi,, i ?I 11.1 1 ?:t It i1', r1 I 1! 1 ?t, ? ? ? •al,.,. •r ., r , ',.; L.. ,:? ii,?. ? ,'- 111 f'.1 rr I f`-, i,l It it ! l ill i, , Projil P.1 tric, , ?r The DI iF=J'-; ' r-I'A' -',,;,, I [ of Work and i not utht;rl t ? ;? 1s it, ? f fn ?? irrr l .,,,,. I .1 r .,1 gin,, ?!-Illt ,;l-?t forth in the funding f 1111 t. , .c T`E=. F ? K., tli nn receipt Ct lritit ,, I-I I - i pror,„-li f , i r III- ?ISTRICT, t1") the I tR JE T In I`•i'I f`_Ilteclal Project Terri` _Iilf III I_';hibit I i th? IJ , I', t forth in Exhibl 'U "° ,r y, III t 11, i_t; I tl ?1 .. ? ? ? ,f `'.?11 F t- Wld ,,st: pt a provided ire iii r11rl;;t i?t? n111 ll zll? 111I:" I ?;. I tIF?II M-lt, -i'fiIv-riL I: rwjj ,11 b tlie 1_`-', l k,II-1 i1r?: r?l Tt? ?, ? t r i?i?i b% tll CI I Y, subject to th l rovi?i ras of f`' rr,?l_?I In, i1.i!? I ? I F ? ?? .?• all h,?; ?,? I, •I,? r P-?lIish for managing the Pi `.CT, Im.Itl?iIII, uil< ii,i1l??? ? ?,r_i -:u1 -I,.?rsrrrg :,rt corisu&int ter contractors it ire rder to v {)l?;t : tl ?, ?1 IRJ I? :?? parties ? tl nf.?G?: I,II Ih? 'I 1,1 1 E )f the ? e • ;?•l } ?. I Ah CFive Million ri Hur err, li Eighty Thr a 1r1 1 [; x, 1111 :,Il to fund P1. -)JF T e T, up to T% :11 ,t' • r I I TI ,`. ,i Il i [hollers Oil, ,I.±l_'?ect t l`.1(11,11Ih1' mil j ,'JII iiav til`) l i 11 I i6ll)li I )' P;, li-o-ir-rlr this r„,;> The It"', `rXI,'] PRO u1 to Twc; G.lII?1 ?i'I i I ht H 1;ii;,?Il? f hl lu-, in DI-4,11L tii t?.rl_ I_t) rr ,I .lit- I?_: f ?? ,311 to r,,?;,_; ,:,t- total PF b,, t?i?f; lE?•? ,' ?rt??? Ill 1hi; iki,i,I-Ir-nt III,{ P;,, PROJECT s,?tIIr f[l t-crit r rrr h I_; 1 irc rr, flits DILA 1 Any fttrrc_l received from the p,) ' i F will R. qjj ll1t,;' It 11_IAH i; f.i 1 ,ii h 1X I ,'° share of allowable constrt l tIl:lj I-I i1 f,, r r; f t , ., L, i .I tI t, 31 I1 ,.,._3I R :onstruc:ti n casts for the PROJECT. Are state c , t,.„ ,I ,I, I, If lpri,0 fIs or Pfr:?I,I cni, r -,? .,r ;11 h the ITS' for this PROJECT :,II I;, - 1 1., . 1u I1 redu( ,-,h l •,rt° '- -;I, 1 f Pf JG T Costs The ,IT, th r with N _''t i cta-_am(-iI,,,hl itlL,,blw,, th,i?ir allocation ti- ,I,", for thi?,. I-'t, J T. trr tiil vi,iit DISTRICT p ,I l 1,it fill fh,i; I'{ t>:IE t?T in of the I I Tl-. • iihart after all st tl• )[,,I fl Jl ,.tI I I ml ri?tr?rr?. and Item # 24 F,.• 8 Attachment number 2 Page 3 of 30 fir, ?rii r 1r If, I. , .? h", H-) -,,Ippl d as t n I h°WD I t?a Irnh L 1: IT 4?0H Ian n I o 1 ?i??tlnrt quich1 E , i'; c 1 1 t .. 1 DI URI T. `i I 1 ;l- , ., II - 1 01' t,tI f if? t nn ;I It. 1 Tv C-'' 14 I I T v'A 1 i? a - i l ir `ITS for the I TF l1 A f H -1 ti -1140 4 OF . ,I km accord c, -"t W"nn I bri Y Id III I' ?', i11 th°p: ? I ? n I1 I Hi in I? Abit "PHv I 1 1- o i ti v I l 1lI i .w. TI° : l' 11 °;' ni 1 fit hl 1 1j,1' X t 1 s111f III - I ?,1 I [hI HI ]oI1 I I 11 if ? I ,I ?r-1 Iii 1 p 1in r,l 1 ! f I i'.-I -i'!?I ? It H 1 j 1llili l.l!' I ii?'?f tllf; t oI rll ?f i 11 f I I i11 1( r'1 ?7 f' ?1f i I, -111 ,`11;,,•F t f111. 7 1I I'll- it 1.1 N:[;fli 'I I-i TIi LIIL?,If'T_,I ??`lll I I I, It I' r i 1'I 1IA T 3j 1 `ii I ani P I1-i 1IE_f i_ q W- A it 1HH ?. II 11111 II fiiii F _ 1 1 f f ? ; 1 I I1' I , ? 1 1 1 1 I r ' H " 1 1 1 i 'jhd' 1 1 1 1 1 r l r 1 ? ' 1 1 1 1 1 1 ' I l i ti1r. 9 i ,: F„1`"1 H_01 /I'IS 1.A-" . HI,, - VIII,, _ 1:? 1?..1 1 t ? I. ? I I tiI ', [ i., r?l I II 'u' f I ?1; I .t''pnn w1r Ad F' ,,t tI n t ?I ??i ?t 1 ??I1 1 ?1:,1111—- t - _A u pi a] I I I I 1 I if 'li 11tI Jno 1I I 1'11[ 1 iii IJI)i;i C ?I >11. 11h will be r1', not, ':1 Q, Ih, Pal I €<'s l rY ontt1',r It t11f, l ;l1 i Southwest l'v{i i, i f.1 1t ,; f-1rr' nt District Brocfk`,f,131! 1 I; ri 1"t ?? 1a a!''- lrl:?. Thu Proposed Pr -t Cost o_I IlJ tt' 1I tIn no d ,4,"[IS Whidi Iiia k; Whom, d Jiro [ thi Agi w"rt1W, and ran li+Ul "nunnt ':VIII Iv { Y 011 In a!-i r??91 -l' ?^? lilt ?1Il in 112.061, F.S., as [nay h an, Iii1 i rr1 titwe t tinw.. 3A The CITY will AN thr i 1 Wed " Jig: r t the PFROJ T i rt""'llstt lldw l X11+: r`tIEn I , I If I f"I1,:J,11 tt191, If 1! .I7 .t1? I1 -1 I11:31f'.I tlrnt it !A,iItII continue to hl? t(, i1 ; iH illy 1?;)i- niinimuni x_11 Ali 11.. kin Ihi, , ii /v :Ift.IlIiHnt, F i n ,k91,In'-'"f sna r l 1'noilti dins' 1Ma-i in the 11rcif.,i F'[mi, i,xf I',i iilf +.-911.s_%r don! kim ..:undit ns, beyvi?_i t11i. -?r Iitt,,1l l.A il'1u CITY. ICITY r, Il .,ilia ?^dr0 I1:)til?ii 11 Ili, ; IFTPI T 6 . 1H, 1,,',-1tit :Dh rtat. rrri ici W, P 1HI 1hq 1 , i,r'" of action :''1it11 ' i ri l to aid f 1d n- i h EIS' rPw F P :A U l I q : "rill ev lu h JA d0nnine the IT)1 inmij l intro i111?1 i1Ji pi in, is , I1?: 11 the CA T I T I-1i,11rP^A AMIUitl I"V''_:f ? lilt s i f-nwH,t 91 ??.lll_1 3i,_)r'I, If the r cla iv, { v„ bn il'11-30 10_M: "A ti_'A II! W, !+I ,( )J[ 1 F i` n , 01111 i_nt 1,1 its rrapos i 1I41°'KY l`, WSPHIV A II1 Iik1 n 1010 MTH t1 1111 11111?„t hJl , I I}"jly H'1 P]lf f_' th CITY to &rr1LH,rs On CSI` ] I44;1 frlr , aylrrOn 1H O In 1 wmald to this An -trw,it in an , rn un' 1= 11., -II H -1 111" f't1?? ?11'..t1t? ni -ILA 1f ry I1 Atain d. This r,}Jtr.t ): 1111 Ml urvive tho e? pint n i or t rositwon of 3,5 TI`S CITY will W use any L)I STRICT funds for any purposes not 1ji iii _111y id, :ltlh-l to P ,I,,i ;limn 2, op - rt''V r . Item it 24 POge3cat8 Attachment number 2 Page 4 of 30 4 r? FIil h CITY unvn?i nir.l,-:t iri,I'Ap th+ II,1L,..1 l,a 141111 ai1???. tPi?s IT`S" ???. t`1.:.\a' M'_ It is Fr-'?- l n 11 - CITY' P(_ ??;11 Iltl:?l? f''rl? r1 l•tl,1 ;+?? ?i ??!11 I I?? FI1 ? 1?, , . ?1r,?° - p(j 14 the appt% v- 3.7 11 1„III I av no blI o`.Ii;I, 1. 1,.w:I?l,f`,r' ITY foi 4,y[ this /i,, il- -,n, 1 _i11I1I n ti-L) i_an 11 1 I. I '1 11 the DIL i I-11.T .vill have llai until t::!- i the F a+ ! i Lte a nt P , .R r :u1, . r .I I 'r k U n t flows '",L?.-IT pfFas- it 11 F F't-? Ij (- 7 7 IIj prup i? ?11 us-r If thr, l--("III I ubdi`w'i,il)n, wild liI I fid I? lrrlli' i_!If . ?!Id I_irl'li+-r c ns'.r ,A l;?1 If tile, r,?l 1 ii I?r?irt?, r'f" FTkICT will h th?- IJ i „- , nl, r ihl,-? i +a i t -iiient until trvrr'" t of r pair ? d ; l t v??t?r treaty i ient facility up rai?u hal_. orni-n nced, 3-8 The CITY tli, if tf DISTRICT ly,, ie PROjE T through FI-11_;:_,f The additional tr.rrli i„ ihli:, Di-SF I Tfear the 'ROJIl rE, m i j,_ rit upon pprov ,l f -i a t h they DI TI I T ;-,,oinirij Boaw it fly., r}lintel budget(w`ti f ;i hiiii- &,ai ` l ii : d itron,dlyf the l 1 It?T" p rIurrn i r e in paym,:nf 6_;ale?ur?al' I this I iI I? , DISTRICT'S _ . <<ra?.in Ll3i d ???_il' ;i l dine l fund 1 a? tla? ? f 'RUJE T.. 4, FP k )t II ):,i ,IN(IL l 11)1 1 mmi? d FL1.l 111lea for this in lud(, state flti,wt I'll ill(I t11l,' L}1, u 1 ' S?,11?f?`l.I iii tPlt` FIC11?iI l ??IflI,:' tiII ra'_t Ftli_Ira 17, F.S. H t11,i CITY i z,, si.;l r i; ? t r,f t may bEl t4 3[_1?111?; _i?1 i miIIWIIriIll <'lI it t<t??IL?i,, 111 _;et forth iii f 'Ahi it I " 1.?- r,Id i[I r-tdt A,A L.h?°L.Y•,I1:?? F cr Noii-St it ??)I+'<<Ilu;?..3f1 1f1S - F "' IIJIE IIPf"?,?_I, f?L.fl_?lt'?it vs. A I,r Dli tliiwirnl,atlrm !? Pf??a l rr?? ref :' I hibit'lr" , ti; i the II Pao, non ;I_tt" C? I,[iIiall.`Ilt1 ,J?lla.lI tI I, i I T''I ?'r ijett L?t+,? It )Jul tau Lissrst 1r7 Iy'fn! ou ,lC rvitie rl.djt:_ Il ia1 thil-, '+'j t't,w-nt. 5. WATER RATE TI.I1( Teat . The CITY .'rill adopt 1 tt slt1 l ILII a torn r III IIa CITY'S I,r,w;?, )ti the .. rl- r I-,01 1 .I t l d the use of IIILI L.t uib mt ?;tr i.l?_tr lv ? t, the Dl' 6 ( IT T prig. li PF( JECT costs. The CITY v'wil inapk fiwnt the ;" 1. lkra Item # 24 P ,I f 8 Attachment number 2 Page 5 & 30 1 rt1 a thrs of rr1 1li!l, tI Ii of the PROJECT, This paragraph will SUrvive the expiradon or tEII1?ill;lil n f till` I, >munt, 4.l' ? `.. ? , l •, -i 1-4 A 17T f ? f j:-, 1 1 .??, . ) l f ? I ,, , . . ? [ :., t ? I'j. I ; , ?,. :? I I ' I ? I 1 I :.. I.I f I' '., I ? ', I I ; ?. 1 I 1 . ?.; i'! l :'i'I II `i ' 1 1In, I 11 I I1'11 'f'1111 tlfl Iw P,-. R I T f ?. f I 1 7 CIT'E' in [.s I".lf f'. v;9 II i I? fr Ill .In1 n . I"I III 1,1? i i(H !If II I I VIII 11:7 I -li l` l?:l r Il ?w?1n1! ;1! ul y B. RBI Q? TS. The CITY will p I .II n Ho LI, TF 1 ? ? of W, , K I ;A two (7) sets ? 111111 E nIII I it rl 111'1?d n prl 0`, 1I 1II -I{lil'I11t d 1 11"l DISTRICT a 1-? i IfA Li r i I,, I ??) , 3. LIALMLITN` f 1 1 h porn, f_, 'f`ret; m _" s fn iixt Innrf°',' nnd h I ` the QH- 9I 1rl"Wo t! fhe ,t,. Ifi ?- 1[?,11 Ill ; t d?9r11???? wIi i r l f n ll r ontr ttlr° ti 1I9 ?I1?„ ?1?1 t: ?1r1 i?_ r thw ??<< ? :rr+.:rrl fr? ..,1f doe not cl,nbt rfl.lf+_ m d :r- of dhnr parit ??,,!??+-ri afl ?1'lr1 111 x1111 ? _ ??! ! ;?? T,". r . or extend eitlon 1, 1r't s !WbilA y WnI)r,11 Up L On ii?q Wn 1rll,i;l,w1i IIi , ?:Iw I [--,S, 10. DEFAULT. iiivt r party in, t-v-Arl,111- lhl r, A1ar?-,;nlt_:Iil -1I)011 ih -ft"Itr ccyinl'y ."ti4h om h,;'rm orCafsdlon Id w, 1" VI!,` fE'fflTlf'I?;fllL1 Ftl0 `,, l not 111 +400 If it--,y term cir !-vtft1 i ti! n r?f rr. Hit l1i>>,_ , I { t{;rnv)In nlw!I1 T ti' ;'.tI hdituirthm th W°; IW11 IV I A Y' A I= f llrl, H0 7A"3°a H I'll 1?Un W'A-1 ; .`.#lUen "' A ;m of T f"HH,i%i'._II C ",f-,t!rIl } I _?- I I"Li I Il `I _t 1?_f I I I ? II I i :Ii, 91 )Iraq It I n , are onrilti-fl ti with "tiill,h flw I?.rl,lil fl:i pnlh, ht" f Il-l n- I;'n'llll?"i. If 1111: •r,-f,,1'.fill?, -arl has W runnll,d 114 W-t-3L11 M inn HH f0 x.00 11 + ,?. ,ft' I I, n1l h' l,jntw1 ,? of T rnlill.rinal, 1I /1 ,r'Na f'it_?,?,III Yl?;f rr?r??i1 ,,Il t rr W 11. QE[ FQ'F (-) IfJf f }F'1`.'1'''?1 I >> 1. 111, p9!lfm ' 1P In t t I dt , an onA I° fiftr_rII `. i -1 Int .ll II If ; f I + t if 1 ! ), ?I. ii 1 1? f! I!J 1 4- JECT iV,-j,lt I lit , ?I 1 i,r1f1C?, f111 9 E` i)Il If; Q' M d 1 9'.lf,'''o 11114 i I',I IS;1(Jrl will not be 1ft ifl,_1f ?i 17 v ",,flt f]'_ ihi VMS Ir cl dJmplylfs a vi,;Ifll if]t: l)uLdn f ,l-u ds disclosure la z, of-f, f ?ftir Ili 12, I ,PO W? 141 VOCA1 TIC , The CITY will i n1;liww DIS1 RU T WWI Hu[ if cif f11: ??1 1+', ,n-Jn Ff"Ini!J funding xr a report. r,,"I? d Amilm rnjo d _QWr I,ou rlent rnsl.1ltal,t QHW As Anr " fnl"nt, are Me h?Am >1 W1 r'e rUIVIIIf OH 001 Q std*?, t to I ISTF, -1 .lf-;!{ r1 !..llli rtrrrction is inv l'.,,,Iii the CITY will f;rr,v1 i!, III) i ? of 0- PFtO,_tl I ski, link f,.m"y1Ue funding for Ellis PROJECT l,r"Ah ri I thi SI ICT awl if app&dde, flt,_' fF s0i Board( s). dl ,i?tllrlla?. RIUa-'l n11 { ?%Ikh Dl l Item # 24 ,... 10 Attachment number 2 Page 6 of 30 wri i l ,l if I I,, I l as to fornr, content and l ?? 11 of ?, and must b in accordance with local in l 13. l.E f-°P•:11 iJi; I<i E"r°1J lT hII > tr C'lI f w,! I cl f i',I l L, r'II. °1 ? 1: vals all real [1, ? j> ? I ,l n if tl f t li il,l ?w in any eerT 1 tierf PIi? ? h ve r ?;11I, 1f,IIIn t reImI th=-? C ITE gill, T` I? III 1 ?I i ?I'Ilt'I,, 11.Ill tll'' CITY i' l l- ?il d iii -d I such , i? I lights 11 -I i :II 14, LAW lO LI E. i Mi ,I ll 1, l l a l ? l r ni. lees, rules, re ul tior % 1 JI 11 1 15, Ch,If'I n. ltd f WIThI 11_f,1j f;'EJI 1 I,?fJ T. lr I- ?1 p__ p ?d ti +Ill t1 r l ;Iii i 1F_J C> I :Itllll fflli llI, 1i f+1,, h'ECT ?Nith ?ill ij?flli, ll lf, CSI IItf, mill ?,lyikffl DI TRIC:T o rl f; ijth ff jff?, ?Ii -,ref i,1ftiw1, fill, If,, lit- of this Ac reerr,l I if l 'li`ft I. if N ,_ f I: f 1 r' '. lJNTRA,CTIt,I DISTRICT n of fill '[ II I 1' 1- l i-rt d .':1h I ?t1 Ir? 1h laws. 16.E If l,ll± D13T I T will th- U Y hi, in fl. hi 1, !ll i.i.,E1 i?IftJ? il,-W[ lg that rnrf`rew,,, ii,l tl'I(_i ai°ld ,,rnell _lfff.rded epp rlfr lf,? If) Via, it I;:, ilf' In tilt- p, f,;lrr?nanl:e cat this 16. f hi?, C1 i `r' t- rrovi i, II DISTRICT wW l rt I i l? ? ar??? -,ill r ontr ct r and sail: lI di., 1 iit, { i o l,, l I work il'; -dill ,I 1l i, P[o, J T, the amen" ';vllf l k: 11 1 110['11 :tt:il 4'i C..E -c--ttt,i? hill,illil ti f'11.- .,Acllt such Information i ''Nil 1 ?a;t-fdfal;tlll fi1 1 ij'i,iil`, f :i llli[]ylrity owned of 'trVo m rl lvvned 11 hiil`;1€ll';-, flll w r I, ",,,Itt:,J or small bi A, reernerlt. then the re pLart indicate, Thi! P1lririty/Worr1+,n 1 ?nl 1_>` ?_wd aiell Mli,-,_il n t l(_lrr tillin is attall-1i, I F <Illhhlt "D." 1'I,' r ??,,,;,l l regUired upllfi flii;il ln,111+_;itl,n f thy,, PROJF-T.' 1? Ilr;?:,?r to fln,?1 ir I'%,lithin thirty' f ii ff11' t, If, Ilfl Oil 11 -fin" ?lllll ,1';II11,.?rittlialt fill PROJECT s?.rr°,?_iill t. l(??1 t,:ln .lti{> 1 lip flip: imendi u;it lid ?,`ier to the il-;l-?il[".in-llt Id lll??' Lyd,rlltilvim-d fi_tll+l l_l tllu L'I fVCT. 17. I fJC.lt 1 No t?,,Wfv r,3;, l' ilf1?1 III" ;,f it- i . r1n I1 fl,I: try 41??f' t1fi? fl r r? ??9 f f i'?e3fl ,F' UIIr?, jllfljfIl(j f,Y t':lf. l'f_?r T IF_( 1, ?ilil?: l,l r,ir. inn Mani,. riff, tlil ,i lit ?+;:f (ji_' ?? ltilTlli i ltl'?1' iI ??CY'111t1i ,i! f ll l' 'i 'tfll M lf -it any ether rl"l.ll ii(I "fl'IsalClf, th'. l)ilt:f .Otter l;t i't ent of th','. In fll f if 3fly cll f s? lit in ?. i,1 i is ln of this section, 1 h, l I Irtir, Ail 'lvl. rat shall terminate md r:, v old. Item # 24 Attachment number 2 Page 7 of 30 18, I ( W k A (- ! F'i -- A fi i it fmm illj 1C!' , CFIT ' 19 T 1 l= D IAA F T N I. I:. N1 a I, ? i1 r til, td thing in ills ,-,ii dill ,nt iii i (!I? r shi, -i 1, 1' T 11 rtiI IA I . N 1, 1 in if I I ; ,;? 1 J I 1? ril? h i ty to th° I' [I 11I. 2 0; L ti , l I T 1, i I I II I ii' .II l s4 { 007- H-,I;i1I_I ` f I I II f li ! °I ,:; al-, L 1. PULILl,; 1 i'J t I 1 tYli ili i' rfl?; In s li;t.i bid. 1' ,r reply Il I II 1, m ,r t ibi"nit birf entity, ii i%?: rl )i .I 1-. i I I llfr: i. I i,hf_i 'III' Il ii ,r r,i fIt t I F- ? k ray uhll -iitlty d it , i.1 it III ? . r I=,F for (a;,i-t-i'Two, ffJ;':-1 I "i?l(;I] _?I vt, t°iN?flt,"1?; 'toIl-)wirl thE_ " onvictI?ll y',-rider list, CITY include this provision i1 i-1II ?_IIt I )r11_-ii:is i a it li .,f this Agreement. 22. D1 Cl;IP.1Il,,I/jl0N Pursuant to Simile,, tl'lri FS., an (2tilii,. h, I,L I :: P I placed on thr_ lis rri-ninat i Y . , r Ili II'I I r of sl l0„ 11it t)I J i ' 1, cir iiy tf ods i Il ti , .i I?)Li" II1?. ntif'Y rn,IY I;,; _,ii}lr It ?r,ti i? . ,if} l hi,f l>i? f,? .ail i,i i?; f ly ??rl k' '?II, firltl` f? ? f1m ?;.?L1--.1ructio;i lo a Pell,, Bull- ii)y or p?ALA(, I' ,rl,? 1"1(1! -', replie- <<i I I j r -il pw,l,ii'ty to a 1 I Work r.-, i 1 1, 111 :,ur,I1lil.i, subcontractor, l _ - Ir,Mi E r'l? X11 1,,?i , _1 1 1?1 11 I ??,Ah ?Aiiy bli, I Wiff Ind i ij nilt fr-) nsact but-,iliess wish Illy riJ_'?li, to include this iii all subcontracts 11)1` is It Llr= 1 i.::jijilt cif this :"t`71 1i 'ilf 23, Li"ITII-, r' ,iJ E L[°. -I"JT. This and the 4t.i,.fiA nu,tltLit thi rrtli? il.;la iiiient tli,: parties anii, may his, il'.? lilOnly in rrtlrI;, 11 1)y all p arties t tills, A, ill. 24. DUCLtMENT . Thi 1 IIIOWIIrI iC'rllil?, ni , ;Irr tt chIl d and rl a(k ,i p in I-if Ifli Agreement. In the u's'a?nt of 9 1-nnffil.t ilt priority v,II J tirL?,t I_, f r-I-,il to the language in the Ll dy f tf i?, Vi i - rrlfflt, then t i tiIhit °"A " there t Exhjbit " till Sri to Exhibit "B," and theme t L ,:IIII A "D. Exhibit "A Exhibit "" Cl f Plan Exhibit "C°" ? l <<i ilk Il Exhibit f,D6, t,iri,,)n Ow i-d and C?rI1 il'. I -;LI tRilizatio Ril= I rt Form Item # 24 Attachment number 2 Page 8 of 30 IN '11 11 ff REOF, tt , ; h or III€_:ir , , !I have ex(.,:;ii1,+ tl 1!,i Hie stay and 1 f v next to # ?_', [], It ai, 1 i ?, , 'T FLORIDA WATEr ? ",?fz,\GEMENT DISTRICT By' hTY OF CAL ATE R y Frank V, I kbd !; i 1, Mayor 11- y. _.M.. 1 h; w i B. Horne I I? Date City ttor ney y?j1_ jk i j, (,ity Clerk [ L4 ICw CRli'?I THE CIT .?.,,. LERGL1l.._ P,l _ 7f 9' Attachment number 2 Page 9 of 30 AC, "" ' F "IT- i' r-? '1.0110 EXHIBIT "A" F IAL PROJECT TE I f ' /d It CONDITIONS (-rlI?JT77,-,J'-1IfJ WITH C(,C,J'?I!_T,???T T )1; -11,: : I1 r iv, 111 jw- h t 1 r t-, fh1 ° ` t; l ,'?? 11 _1 1 1 f 1 1? i' ? ,? I I I 11 r 1 1 11 ?.1 ?111?it i h I 1- , _ 1 1 1 ,_ I? I 111?1' ???. k v X11 I?,I l? t 1?= f ill ??1` I! T?'IJ 1 rl? r. C.f ,; J. 2. APPFr)`. ,,L CO. IJ : f I ? ICTI I 1D E i Ir1I _. 1I . L11 lcE1f. )i the ,l of ?.II nt1.1? 1 :.I I?? r,l ;1i:>r o ,,r,,ff?•,?.??, i 1 ,ifs Iii:-? ,Ii ?;li. Y'?lt; [ 1G..1 I'l f ..f1 11' I 1 `l'? >f I its .:il The 111,TI .I" aT°` 1't l fi 11 ltlT,;1`I r], )t iiII . ,`y' a re pre n _Ai r ti 1e I:il =t ral, engineering, rn i-i' 1v'?.° tf d p-11 1] tIUn (Cum nl,-- n, try 3t` -111 ;1-1 j[jI-1Igo' "' ?;I111 ?I'!, r I }; I tl..l''!I+"; awl ,11 ISiI?;1'? "II vI,`111 1 ?_f ?''I:t?tt' ,. 'I fllr_' t , .. ! III r?;k1 1; ?1'; the t ?, 1 r I A?.,fx. ?,.ll perforni of his c r her I Iff The k _1 t r' require th ; ,v arrant that the . I1'JAI, LSE I PJ REPORT AND APPROVAL Thl_ a ITY nI r ;t 1 1 , sl i fle 7' TRI T ?,?Itl, ,? hr?..11 d ir-,,t1 report, Th t+ri 1 r? l art t:?k, f . Il.:=,111 r .n .? hest ,t 1? ?,?,1 fTft' 'IfIll ht, kr it ,,t ?? f? i? fly I 1 ?I.I Z'?_ ?G?I a 3J A. the n1 i:' ,rtiad? llup tk po., 1 t+, iiv ,. "k;l ul --vItl u1 lI' Pl%'O. J T. The DIl'--?TRIC; i will not L.111P ,L',I_IrI,-1Lly ,;- ?h,I,l>I_" . I , T RIB T F-,'L °IPW OF CITY'S ELEC,TIQ!`,? ut (-,ONTI A TC R. The CITY will hil, DISTRICT with a t bral 11 n lit CONTRACTOR bids .3 n j,. :,1111111 11{1-11'iu i to award. The CITY" im1_;i tri , l I 'ITFI T" r 1 -:,?' It the -I+Il tt i t'1 I~'?TRA TC R pri o h-,'i ,i 111 PROj 1-7 w id th+; L)it-; I f- I T will not i tI, I fY Will p f'l:;1?: f J L lTI-til( L ,',I?l 'I Copy of tI1 ( TRAII,I ()I.: The CITY ':Weill f 1 3 v the Ir, --,t-1hl.)rit in E °: + t twl i 0 oI its rr .,,1. 1111 t ali of the RC It 1 T, hr, Fif v '1 tll ; ; ; 4..f 0" DI STfJIJu P t. r111,1ij-j- -ipprl all PFy,OJE T I PII 11111;tph of Fxl1ih J'°A+, 5. ,F'I'Ft'-)VAL OF CONTRACT. T1w CITY i-mast obt ail the F.11.1TkICt,` r .'.r ft+ r, 1 I r;+.,.11 lI 1111 1 into II It1-1 C NE'1 hl and its ON FI:t;,C 1 .:1F `.--. Tire C?I)TR C IT ,':If 1 1 €raJ 1-.c'I I ? it', 1{ { 1 tl, C ?t l f _ 1 IC ?I'J D ,,M '11 [-`1 The CITY ."ill t-, t€°.i? Ll? n? ?,k, Hill!, PROJECT JE T by l t 111h,, r 1 1614 MN-1 will r,r rr { t : th1 f'`I'JJJLCT by Decei-nW ?i l-,`I, C?IQn *24 I" , 1 1rt 8 Attachment number 2 Page 10 of 30 . I If of any tl? I- al, stag:' or loi icy it ll i14l.IfI: ; llyt ? ,6?! t 1;1? CITY'S f it ;r I tali[°'e if, peg l+.lrlr, ,u h a hurril ! II i'I , l is •, i if I ;r, i , th'-'I? Uch t. `_>,i .?N!lt or it lt_-1 fll,',1' vi +if? I TY N._. tll` 11 i )?Jlli,- lil:Il l ill 6 I'I. I I I .. ll!Ii II(. r,l '111'.+I l? ?I Il;i''Ir' li'.' I..?.fr 1 :ff l l! :Ii l'; i i y ll' i+' Cl 7. "T Tl°lr 11?,t Vi DI: I arl l lll' he will y' ! J L,l r I1.1, f l T } J if 1.; l 1, l 1 1 1% 'i l I list ) f ! ..1,11 illl'; i 11 IN.' l:l Ci?1fli {' i-.i r } C' , r ,''l1.{:_ r. li ar11'l. :' f ? ,111T ? -+ I 1 "II',<il ._(I';11 'IP_ I ?rff 1 ?rllla, t I:I 1 0 ll, i .'`i i l 1 l ?ITF"'. "III rent I I?: f 11'll 1, f try; l .. I :btf i1?,6'?lllf' i91?'`?If f )r l`Ir ?"^?i: I,;lllTll,.1 a lf'-i ill iilt ififi'f I+IIi i?r 1 't,?.ri rral.,k'srll °:!",,:ktr?l } rl t ",;'tlI 1'lrt l i Ir T. in addifl tri ti Ifth??l ?l!'t_1i 3 rovilI IiI IhI ;Ifl' lf, II, I)' Oil']I II' r< f1-r till: it it (r-'ll 1''11,:'!'1 fl 't at,r:i;t the CITY'S feill'ashlit'rr V'r r?i?rhir?r DISTRICT ft_,Illil'I`;i. TI } 1r?iilif "E_ih ,!ill th(' k;xl:)ir Lion or termiri iil n of this : iii_" meat. & PROJECT r'(?nr,[)INTATi i The CITY ^,!ill k r. l fill' 1-1 <"-T I T t t rr, I?; an f??irlk `.? r 11(r P"I llrl?.?f tn- P J C qIl I?: ,L,I Ill,_II!1i and 9tlllll ; III II fi•1: k'F If i. Thy. CITY ?%A ?? i• tll,: l II 11"ll iii' I with .kl'. PROJECT Ll1,TT1111 T R, `.' Tl I'I 1! l on all d + '. 11ah r i.,i II I'L II1 will -ifliient PROJECT itd lt-l-i ?arlt: ,F i lrr:l?tli - Tll CITY ,vItIli I(h,' DISTRICT'S Pi i,,I l all ^:!itl-I constru tiuui The CITY ,vill P)I,+I f-dCT' Eril if If:-r) 1?I-r1111'Y' + fr 1 faiy 1, July `I, 1?? 1". "lh r 1, "ind ff',-m 1. r 1, of k .!loll until the PRO, thr? ®';il r ?r aP , - -e to I Tf . It;l.!T ION l R Er)' !If'1 1 G''l i . Tlml 1 9 i I r~omilp!ill n I. i+lvi6: +Ilttruli Of th(_; _t if:,1;; ,?h prior to iI +il,1r..?11r1C? ?-1r'ly r+ II`11t?lfi`. i1"lF'I`It I t t_ 41'itu'4ti1_)tlr tir t for C I,:TI-11 rt irr l lar r rt the IT iI Nllf lll i;lf' + C'ilfIl-Ill xikA'- rli(, fit lil+_' =1 iil:{ Ili tfl?'If Clllf-ipr hr 11-;1'',fi, iiin ,°'f+Illi , ulr `_?.-i.l dlr•tributrol in tllIl f,l)r;`ir I!,I l,J erg :?t? l I`r' il" t irf l t,lclv't fill W rl11 )i' ,-er l B. Prior t -;I:1 r ittioq the fir9t Il",.olire tnr [11.;1k;'k'T i IN r.i,r11''l1t Cllr ( I I'i l If1?r'!'1 ff"IF? i!fltll?lill'+,:I + ?•.I?t?:'iY i, i11 lil f.'i Ilil<+iI r I,;I i,il';? Ir!`.;?Ir?t +`il?'''l:!if71•;ilt f[il I;I?iilll!:;_1 ;t'.. flc`tl ?l f'?}" (i !tl _1i1 I; l I;fl I-pi IJ?P If t tw ,1f?,??I or in ay Rliclu , i,rJ are I16'' tv?40: F 1 Attachment number 2 Page 11 of 30 s" ;1I li?ill th I [ i,_ Ii??,eswhicii Jo not I- . di iI Uhl,: I r' , .? C. Tlx: IT`r ,,III thy. r I nl?'_ kl . PI i t rr ji' 'r i tl,,,, iir t lnvoic' ?i-I Lj i 17I(',T rim! w-i I ii ii CITY will E i !t' inIificatt h? in Cif _rvi e ark,i!iii II, iTi the lT A I meter per SI.rI it r' ti I t;, ;i1I! •Ii said nI - 10, ?r ^,T Ii fJ F'i " + ?JI /?PPR \/ L. The CITY ;"ill OtiII.1 tl,; r iiikili_lll[. i t;li k'ifi ;l:-[rt USP ani.1 1 ir'L'i_?,,',;}fI 'lc1[1ti i tllE,.: (J[C'irr;-9f11 Jrt_i IIii?ili(..7E-4._I 1[I 'I CITY.. y:liik11 "B." T v; TTY MU"f ihi,111iI liwiv 1 of r rlt ??',?I prlcirto proceeding ?.,vitli i[i- PFii i IE_CT. ThC f I : Li`-tk 1 ,All not I_i?11, :l?c?n art leywithhold must iii dir prior to r iriil)iir': i, nient from th(L FA TF I T. 11. [7LO tIRFP f'Ll°'C A1r117D WATER I_J TtDf;lE F'. The CITY will tt?lr? frltt r ?,rt ?;irlt?nt i [?.??I??ln7T'r water rubtol',r j,l ?,i ['•t t I? llw PFOJE T th it I')rit,[ 1 t ?•. ?: ? 1?fiti, ;??:[? !0 ;?ii' ;cif the PROJECT", of 15?[fi_i O[ I?I;Iilrl t?. Ifi:+l_rld ?dt?Jr or rici-m l l 13 if IIlii ll[ir fY3 - l_? r` rl li ttten 1 l II "LAc I[t;'''[ili'f'i ??''?, r?'if:'[i 1 ,;III i k't?•`,?l„i1 t{? lii'' i1?. i Hlii ,T' I'i?_'''- E'•r'1 i[1.9s?t?r rii[ a IIl111 3LlfI+;? d •?rl'??[Ll??il? I! ?:li ihlill`l'OJ 1 ilii,l l?l?_:S t.,-Jll f rnl_.'ik I i,iiii!In li ,,it!([['' I. .. n r re .lalrrit_:,.1 vG ;eater ii_,-, I k rirlilt-S the CITY will 61 1 1. ? [ I [ F-.' I';_ I l 1'; s [ i 1 , ; ' l t r...f' t i i ' r 1 ' f i } j : ?"d' [. I i 4 I d ?.. i .3 " ? ? [ .l > I • [ 1 : ? ? [' ?'. F'?1 the PROJECT, ' 1}ll[I",I litl?l. ;ifj?•r ??1if?'r'.t it+'' t rIi? I,i `,:)',I ili,-iuy, d rll-1 in this wi'mlliwj! 11 said cii-fr')ri1 )rs will prt.i'vr,1i` [ih, Pk ,' )1 1;r 1:1i'{Ilt' { `?9"le.,l''I'A illJK r LArf vi,ritli=il nDili( Linn that gill ,Lo !'I Fir°t+[ (l, f,i,iri, 1iii [ I;lini to ci- -,trucai in of the I'F -)JL. 'T rl, I i{'- 'v ll± turrtlshed U, )) :n [_ jL,? 12. LPL It'.lE L ''ti 1 E _ I L'lrA r if ICAT1 ?P1?, a,L DIS' I klul- cant "ilI thrI !'ltli11, cI.lti +.' . The k1t ii','4r'i'ihk II I' lily 1;11 ?'.:lllfl I?i41 fi U, ,I[i„,b: _ i It Item # 24 Attachment number 2 Page 12 of 30 12.1 T hi it it, iiw?,t t ?,"I ) in an ,f rid "lie ?'`'l ?„? 1 '? l > i f I'? ?? tf' thE? 12.2 I ICI ?k :1! I T' sir; ii Zone 1T. NP u, L HAk N, feet 123 All I?rt feet i ? !, i? L 1 ik; a, I 12.4 [ 1 1 , l pJ t1_i 1?1`? t Jf, r' h_irll ?I TI<a T tl i .?ii TFICT'S FTP 12,5 E "i ,, 1 C I ;, , it 1 Will be D, DVD, US -krig fltportable I` and drives or flash drive. 12. 1 lI r. 111 9? -,.I ;l i i?j 6 the 1:12,00(1 ( 1 ,11,11,1l ') fgr?11-,` I?jj[-11_J`. 1i I, l it il,,3c, t rTi,-)kk- in ;AML i?,rnvtl, 11111 ?l,id ?,iiipty ,.I?I1)a 6 fric> tIi, L 1ti,,1 F I,i f t t v,, FEATURE !s LASSt S Wastewater I reotnicnt Plants F E LAI FLi .'? ?1 f_1 L/\ f,'IF?JTPLANTS De!-, s1iijl_. L1', riJ1j i1" ill+ 1 ?I1? l ? 31 o bt? ,'r?F-i :11???t (??1? !fitlj (..tiff d llii.1111?7fC', rs 1fi1F?1 .Ii tt., 111 ll1i a 31 of i tki- t ,, 1t111- ^, I ,`,-? yp z POI 1T A,tt1?I. Ir1? 1Ii ad ition to fault ttrihiiir point feature ('ri` LANT TCA PA CITY Typea NUr ric f Durable -' _uf Item # 24 Attachment number 2 Page 13 of 30 D riptiom erniif -I ann ? l ?_i;iil_, rla i r 3t x ill fl ?III? Null bl ; E) l ,li I AI If I? cl chiiy'fi :.i, t f? 1iII?I'.. PLANTFLOK em 1 1 . nm 1 it _ i ri l ranl? -USEFLOW vets. Typ, : T+,. )trin Lir,ith, V D rr11 iii: Name (t [A11iL ltallable'. No TREA T EVE Type Text " Strlrmi Length'. Description: TreFtt< <-W SE a??. of { ??,r ilt: 31.1°i? It tlli tir;tiji,: Prin?ia i f ti l i rtt df fm T rfi it 1? ,fm iit Nubble: No DISINFLEVEL Type: T, .1 / trin Length: oriptior;,i I li}t 1' t-I i h T Fr ril tr ,_ lfrrli , diEin . r lullblo. No Item # 24 Attachment number 2 Page 14 of 30 I', W(- 1 1 "'`;`I.. 11, i _ Vf,,xt 1 String L Iie runic 1 Iii It' 1 v I I y ie trr 1?11 f I,i'Il Null able: l f' Text / f.rar,-, H): 4 L .?,1. rruI,6 ( 1 lion ; Pry { d T q rir,`ty(I'rI l'). f J II :IfJ I . PROJ "NUMBER Tye),,,. Text I imi p? 11Y DISTRICT I',!If tI:1 011! kl: j , 1 LI fPtlf, .lf ;_:'{ill - ,f (e. g, more than inl by corn r . uIlable: Type: Text r ° ti "i lj LI, ' Il tion, l hi ?I I rl fh IIl h ,i 11 11l d uo11I .1 1 arr . RL LL, dr'ED\ N T ,LINE D e, -I I,1?I,IIi_ Ally - 4 ?w,] ? ,I;tNry?;? Imes, - f '-?,tial I I,-- -l, pe, LINE attr^hljt, > iii li li i111.)fl t dl diulf ? ittribute L r fin l I1 rr, R WS T U Type: Text / String f Item # 24 Attachment number 2 Page 15 of 30 l Clr"? wl` G lI<il,ril ill ui,?e: ?l II D T II ira 1?"? P n; 1 i-II e. No l? iI iI ,I N I 1 I! Ir L Text ii i: i I 4{; s? I jt?nrl The ?, ufTty or .a ,I ?! r,° th-i' the roci irned fit lh ;, N 1 E NUmerl ,/ Long lilt, F`,. urjptiom Th dl r,,, t-j lull le, No T; ?, Dt -! i i,p?1ow ullabl t iption Nullable, T?-xf ! String 1 ; I Ptoj?-L.? rauni7 - i by DISTRICT staff for I L11?I ll:t ii 4 ?? No I ? `;C 1 ??tirli? Opti n l field for ddrll'n , j iments- s Reclaimed Water Aeea E, Areas ??I?,;lf 1'E T R G . REC e t ire i , ,I I i6J Leal .tillll!l; ?,I i 1 fife [I; 1, !I1; Ld II tl !C1`- of ail fl:i of (" ll .1 i!ldiv'il ll, 1 Item # 24 Attachment number 2 Page 16 of 30 ifi,i? 1,?- Type? POINT R W TO G C Y Type: T !r'I z' I :Ith: 4 T _ ?Irl?? ?t a ????, ? ! '? I I r Ir 11 I r ?4 TiI yyf"1 t (?? f 8'ice Fi P` III .,,4 L'J d k u ,i ?? ! t' f i II 1`I. 1 Ptioll' ; I f u II 1 1 I t1_._ 1 _TF',II-T f,, ti i, ' NU Nullable: No RWST T Tyf,r Text Lr i1_affi Des, r f fI,i"r tw n NUIlabl : itring f - I`;llllil Ltri f l; Ii l rr I _ I Lava i, nth. 4r D-,,,II; t, [l The name of the ii'LiiIf, a III I in II I?.sl th, t"JIIII?If II, No 17? 71 X, E C 7-Al L)"', III T'a`i Text / String 10 CI SuViption: Project number I_N,,, rP by U. T[-''IC-1 Iti for budget ti,1-1 II (e. g_ Null al : No TyfText/ fI `r l.?" `IAh? 1 IIJ q t, ter 111' C I M a l I'I Item # 24 t J Q' D LJ-J D CL, II T ?i ' JE fJ I? I ? u W S 4 t I ?I?y ?E u_ ?y l Attachment number 2 Page 17 of 30 IJ Attachment number 2 Page 18 of 30 F:XHR11 'T"' 1-:1 :FRATOR. City at I )rich C ;,r Coil I ? I I I I I I `? r'7'?f --?'ATI'DE: t -11 111w ?`, s,l!'I N 1 t 11I HIV 1';1n1 PROJECT [AFC RMATION 1? TYPE Or rRn.ff-"U? l r ? ' ll???+.1 1-. VIII I.?I III Il!I?,'i?l !11 I? I? 1 1':?i ;?.- ??°1?; I :If I? I 1 I11?"' i .. I?F'f f l??ll I I?I LI ? ,Ir??" I?I It, n,1 I Jc1 i ', r(, . PR JLCT OBI J TIY . The q 11 I I !III`, I)roec 91-1' II.Jst I, { !f HIIii 1i f_il III fo le" or_t d 1 i rl 7 1 I a to In L' 1, r ar( , tr1 3t d1 I Y'S,- I?it I" I,ll'I II it, pro v1 ., _ I r )e I t .itt irking t'I' . PROJL(T DFSURWTION- A, Il,? n,iap i it :,II E i' for th( n thl, I it ched ,i t 11 r11' 1 1P tail , . The project iriCI t1C '? ?!r f'.1 ?'C' rt'11n. t pproxii It-' I' ill 11111 1, X11 fll?llfl if 7 Attachment number 2 Page 19 of 30 A This sflir I 'I `i?l'1 "Ijl :I t1 TaIII? I '; This I f'ill' II 'II: ri V; i`_ l11 j [1 1,1i , 'I i I k r1lec? i ippoil I IT i E';.' III r' :: I Polk Florid r f.'i131I C1. 111I"',l-!•, 1 ` l'I Illilll''' 11r?ll , rr: III ill>il? ,+'I. r..,? 1 f I;j 11 D. Tf• 1., &_I, lr ?ri...,ir;F l'a Mh the up l,A' _ of the l r Nat r Reclaimed I t Plan, E. 1=Unding for tII project it iw 111 IT,, II ? - I,,It L)f Ieanvater' s Ca ltal l . VIFAI-3,01RABL BFN i ITS: 1111 t°t1 nr 1 1 ? 1' .111 ; _' I lu 1111 II ? I? _ I r .. ? I?_?1 ?irll I? ? ?? +? II :? , P 1VE kAH1 f15 P'1' rl?llk ?I_rlll ?l ???1 ?I:I?L? p A. B, C. dr 11 "1 C I II I I I 1 111 l °111 III" . E. of CITY or i, Sao I E r y .rwJ? whch pi uodt7s oi,,ti ¢f 1e ii It?Ot:i,t Uzk; kA I 'i alz-,,d vvcsit-JfItem # 24 2 if 7 Attachment number 2 Page 20 of 30 7 IF. tY'I v file' Y1 Y^,IrC',ur k,-ures, I!. MI!III i11 I I ,:dI1 6-11 .sllII 7 11', T'I, 1 n' ill Th, t 1 -I f I ;OJECT cost 1 111 ill !lo tie T 1 1 I11 ;i, ? 1 _- ? ! II ^o ta' 'ii': nt F1 rb PCT' C r? i1 t 1' i 11?°1?1 ?, I 3a0 5,780.000 S ,I, ? 11 0 ? 1") r 10 Th- IT 6 tjl I ;' Ili I I I I' [ 1' Iii"I" H-11 ?Jli It The '`uli I, ?r,ri ?"l?SIT III I ? ? ?II? ? ? q 1, i1 1',i 111.11 f f'. t)Ii Jf';t:lf i I 11 I, . COMPLE1 ION SCHEDULE 6?1?:r,I? 9'r ,? rosrt Ir?F- i r ?...?...,...,.?, .,,..,.... r Fell I I Con trt.P_t1?;? r111° ?_. ,....,.e...,.._ .... ........................ .?,.......... ?.... F2, aa10 Col ?'??'I?' .... ............................................ .. .... .... ?'?? ?1; IMPLt MFNTA'Tt N. TIC,C11', FI I1 j1'ilitl. tdi. I II1d '?I.Ifi1 II !II,ii: II ;I I,,[ The I"T', 1II I, .1 1 {.. , Ih 1 'I lly ` ,he project 4,. I di,4i1 ( ' . 1H, I l l i l ` I I f i",?I ,'I dI„ I I, I I I 1I i 1 i I r%1 11 1, 1' Il. II 11 I I jI 111 ,1 Item # 24 Attachment number 2 Page 21 of 30 M K L Y PLRS(;)NNEL ; °C her- CITE' S ii ; the ISTRIC II i? . ;i, . C e. Item # 24 t 7 Attachment number 2 Page 22 of 30 ft-h m rnt , L ?t[! AdlLrrl pglrl[]tlr-lq thu tMrcwrlt trtif' e? dE=r I,ilrrzF_r_i',nr Ott r . Ordinance?' -e of leda viled wafer c; n roc rte ctu i r r r l? efficient u- ,e i'I ,illi: l'I n 1 ?' i{L' r, ??_il_1' fli ? Y 1111 IIl ? 'IJ?[. ;'y'?Illlr I ?'N_;11';, II'I a,:?i LIsF If ?I rlr„ l` I ?1'?.. -I? Il L ? ,l?'?i JI'1 S III jl .111L! it I1 la?'t .r ? '.rl?l l [ I I r I ?+'?I? ?? r_ ,AI'll_i illl ft'?,'_ r f`a? { 3l rli_` 3 i}r,, ll,r_ Illj( lll?jil.l( r, n i.lll'; :.11 ?.i rr ? 11 li .. III ; i 1(_I ' 1 r f r I, "j, 'Icy Im_:Ir I Ilc 11 ?11 ', i' 1 'ricl 4. Chdinance/code requirina Ual WstrMU011 lines in lwtw dcvclowllentt, withii, rc i"r.4 wjt:eI service ire as. 1 !hlr. I? Il 1. 'I !I 1 E.IIr I' ,.Il rII'' Il ;i I I 1 ?, i I?f+, I" i Item # 24 Attachment number 2 f ?cc"of 2`) J ST z FAIRMONT ST 1 z0 CLAIRE N NT ? BECKS-'. ? ??? m2? PARKWOOD ST 4J BECKETT ST 1 NOys"?C D D WOODBINE ST _ ST a cPa J GRF N 10 z Fr ,,. ST z OR SPRINGDALE ST 20 CARLTONI 0 ST O ? RUSSELL , E - I e OVERLEA k TANGERINE ST ENGMA? ' w ,---- ---.. II ST -- DR ? ? :I O r LA SALLE - ST O ? O J p : C Green ? z PALM BLUFF ST m ADMIRAL ST z > g? Z? ST Z 4 O x Iffi CEDAR o- HIBISCUS ST z r U O a_ ME?TO 3 zDEL 3 ?w. ST NICHOLSON ST a! wmommmm MAPLE ELDRIDGE ST ST -?? 'LEE ST O ST Q Q Q Q Q JACKSON RD O z J r O ? ? (D r Z O O U W FAIRMONT ST PARKWOOD WOODBINE SPRI? 0 ST D U PINEBROOK DR WOODSON LA z N HIBISCUS I S.. HIBISCUS , ,a rand RD a 01?> Cir tt ¢GROV? ST JE?"P?° 9t arowns?p?a?3o (D F GROVE r ?g ¢ IF, V?z ST N.E. ST m 0 ?J? ST o= ¢w z ?ST ¢ t PIERCE Y 2 :U W O :al x z z A K`O , Iyp J p O ' = a I CIR z < GOULD ST D ETA} BROWNELL ST u, O O US-19 ALT. COURT ST SR-595 SR-60 J ? m ROGERS RNER ST ? > KPINNE ST ? ...r a 102110, DRU ID a •' OGAN D E D CROWN ST SCOTT a 0 SHERWOOD ? ? GENTRY CARROLL ST ST flo w z ? LONG G D CLARK ST WEBB DR ? LEVERN ST O O ?s 3 0 m BONAIR ST m U 3 ? CR-548 O P, ? F___1p? ' ? WALNUT ST ?a ? ELMWOOD p ST O Q ROSE ? SMALL WOOD L AgERE p z DR RD Richards Ct C ASLER T i, i ` a l? ? _ JG?Wi D l ¢ I l I J w J _ _. I I ....W . . b Il WL ull RVO a U m a ODST [ OAKWOOD p 3 U Q O w ? m ? OSE WOOD z 0 ?a ' =) .. ??0 ST a a AURA r ? ? tj ST p I_? I I CLEVELAND z wF7> " `y O HARVARD ST Y U ?J z II DARTMOUTH ST p I n F__7 a Q 4 Q ? ST p O 3 w r E O zw w > O OF (D a w U > Y 0 Clearwater Legend City of Clearwater N v I existingreclaimed Glen Oaks-Palmetto W E Prepared by: En ineerin De artment RCW Service Area g g p Geographic Technology Division Proposed Reclaimed S 100 S. Myrtle Ave, Clearwater, FL 33756 e m Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: SF Reviewed By: LN Date: 3/5/2009 Grid #: MULT S-T-R: MULTI ..S. www. MyC learwater. com Attachment number 2 f 1-='f'`1 'F-j o? I: VI , a c o - 0 n ?? 111 „I ' F a JL °? l Q ?o ? J I °4L1 _ oo?? PROJECT Tone oo°? SITE ? -i ?oo®? 000?0 ?oo?o ?°?°o ?ou00 o_o _ono ? ?_ LI LI? ?? lO o? n UC?4 00 J00'p ? =0E Da o0 ua ?o?? ou?oooo t?oop=Mm 00 /4 Q X11 ??? °°. J??oooooooo? ?E ???oooo?, aoo0000 ?? 000000 ?? ?? ooh??oo??l 9? 00 ooh - ?????I i n1 I _ FF? I ? ! o? rE , u?' ?? ll,?o?l? ElY ?- = _ _ ? ? (; nl J Q0 ?On,- r Ali o°o?oooooooM JygILIp ???Ill n? Slo? oL_ [? oooQOOO l o?oc ?????UPHP???o E? L 0 UD oooooooMAE= It] El ?F o= juuuu ?? ??o ]oooo??????? ?1' l1 -`' ooo ?r ]PHUC-P=PPEE? ID D E-1 oo? o ooo??? J LJ 0000 ?? ?? ?nn 0uuuu ?o luuu? ??oooo? oo?oo????? ??? ? ?? ?? ooooouoooooo???°?Qo???o???? Duo Dooooooo?Il°? ?T[= , I °_ ?LJLJL?, ?ooo? - II 111'1 0 Clearwater CITY OF CLEARWATER N GLEN OAKS-PALMETTO W E a Prepared Dee ineerin rin artment En RCW SERVICE AREA p g p g g Geographic Technology Division S 100S . Myrtle Ave, Clearwater, FL 33756 e m # 24 Ph: (727)56, Fax: 26-4755 Map Gen By: SF Reviewed By: JH Date: 3/5/2009 Grid #: NA S-T-R: NA Scale: N.T.S. cor .MyCl learwaterer.com www. MyC Attachment number 2 Page 25 of 30 Irl iii 1 ?' i i I I Item # 24 Attachment number 2 Page 26 of 30 I I ? I I 4 tf ' (II I!I t [;f1, I l IN I ION ,I,? l;l I I ? I I I ? 1 I I , I ? ? ? ? ? I I , I i? a I 1 I I 3. I I ?I I ' I I 11 \P'T 1''r : T"I ( 1),11 \ I ?I t"PI C 11, f) \ I 0"? 'V :11(;1. I) 1 l I i 'tIr' t I rf)N' i i , II i `,?I i i? it )?? ? I ?I II ? i I i?? 1 I '?•I'??I' I Item # 24 Attachment number 2 Page 27 of 30 Item # 24 Attachment number 2 Page 28 of 30 III 4 ?'??C? Iii AGi C'ii i:'cKK I) ` rd ;t E,EI'4f 1'?1 F Uktf,E I (WlI [,IT 'I, d if, i ,F? l_'+t 1' f_t;l IllJ'1 i; ley??! „cA bet.;(t 110 ? i C'AF, 1 A s NC) ',Silde of FI iavt ,-?iate,orgo,61.:1?DIlly ?I[? II 1 :1 lil IRS F 3. I with the ii state org y tl It I l'y 41 3lf i t, + i r' li?tk i? ra 1 r 1 fh E?fCl,f?i ?1?..U. 01 002 Item # 24 -a ??? C, 1 ..a2 Attachment number 2 Page 29 of 30 i' l li l f" - - - - - - - - ---------------------- - - - ilk it ????or Exempt .._- ??r'ill?le?3tti' Print Name: --_.__._.._ w. ?mm 7elupi(lne lumber: T01(j I i(tFl??I:rJYe: F Fq F Item # 24 0 0- LLJ Cr_ 0 t: U) (t) (1,? w U) 7 Lit LJ LLJ r? r. V ii r1 T y [7 6 0 C: lY. 4 Attachment number 2 Page 30 of 30 Li ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to Volt Telecom of Clearwater, Florida, for the Morningside Reclaimed Water System (05-0022-UT) construction contract in the amount of $1,557,039.28, which is the lowest responsible bid received in accordance with plans and specifications and authorize teh appropriate officials to execute same.(consent) SUMMARY: This item is a continuation of the development of a reclaimed water transmission and distribution system in the City of Clearwater. The purpose of this contract is to construct a reclaimed water system expansion in the Morningside area to serve the residents, schools and businesses with reclaimed water for non-potable use. The project consists of approximately 17,000 linear feet of 10-inch and 8-inch transmission pipeline, and approximately 22,000 linear feet of 3-inch and 4-inch distribution pipeline. The construction contract time is 300 days. This project also includes the construction of approximately 2,260-LF of 8-inch transmission main to serve Belleair Country Club (BCC). To provide service to the BCC, this project will also require a flow control station within City Right-of-Way (ROW) along Corbett Street and a Utility Easement from said ROW to a new outfall box where the RCW will be discharged into a storage pond and utilized for irrigation by the BCC Golf Course. The transmission and distribution pipeline construction on this project will primarily be installed by the directional drill technique. This is being done to minimize the impact of construction on the residents in the project area. This project is consistent with the City of Clearwater's Updated Reclaimed Water Master Plan. The final Engineer's estimate of construction on this project was $3,328,070. McKim & Creed, the engineering design consultant for this project and an Engineer-of-Record for the City of Clearwater, has provided written recommendation to award the construction contract to Volt Telecom. Construction is expected to start in June of 2009 and be complete by May of 2010. This project is being funded in part by a grant from the Southwest Florida Water Management District (SWFWMD). The Cooperative Funding Agreement between the City and the SWFWMD includes reimbursement of 50% of design, permitting and construction costs for transmission and distribution reclaimed water lines up to a maximum of $2,300,000, that includes $600,000 funds from the Florida Department of Environmental Protection (FDEP), Water Protection and Sustainability Program Trust Funds (WPSPTF), which will be applied to equally reduce the City's and SWFWMD's share of allowable construction costs. The City's estimated share of project costs is $478,519.64 after deducting the City's 50% or $300,000 share of the WPSPTF funding which will be passed through SWFWMD. SWFWMD $1,078,519.64 City $478,519.64 TOTAL $1,557,039.28 The City of Clearwater's Public Utilities Department Water Division is responsible for owning, operating anf maintaaining the reclaimed water system. Item # 25 Sufficient budget and revenue are available in project 0315-96739, Reclaimed Water Distribution system in the amount of $1,557,039.28 for this contract. A third quarter amendment will increase the budget for Other Governmental Revenues (337900) in project 0315-96739, Reclaimed Water Distribution System for the SWFWMD's share of previously approved design costs of $255,000 and this contract in the amount of $1,078,519.64 for a total amount of $1,333,519.64 Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comm ents: Current Year Cost: $1,557,039.28 Annual Operating Cost: Not to Exceed: $1,557,039.28 Total Cost: $1,557,039.28 For Fiscal Year: 2008 to 2009 Appropriation Code Amount Appropriation Comment 0315-96739-563800-533- $1,557,039.28 See Summary 000-0000 Bid Required?: Yes Bid Number: 05-0022-UT Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Engineering 4) Financial Services 5) Office of Management Approval: and Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) Clerk 10) City Manager 11) Clerk Cover Memo Item # 25 Attachment number 1 Page 1 of 6 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we VOLT INFORMATION SCIENCES, INC., Contractor and THE CONTINENTAL INSURANCE COMPANY (Surety) whose home address is 40 WALL STREET, NEW YORK, NEW YORK HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: ONE MILLION, FIVE HUNDRED FIFTY-SEVEN THOUSAND, THIRTY-NINE DOLLARS AND TWENTY-EIGHT CENTS ($1,557,039.28) 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 2009, entered into between the Contractor and the City of Clearwater for: MORNINGSIDE RECLAIMED WATER SYSTEM (05-0022-UT) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page I Item # 25 Attachment number 1 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 , 2009 VOLT INFORMATION SCIENCES, INC. CONTRACTOR By: ATTEST: WITNESS: COUNTERSIGNED: SURETY By: ATTORNEY-IN-FACT Page 2 Item # 25 Attachment number 1 Page 3 of 6 CONTRACT This CONTRACT made and entered into this day of , 2009_ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and VOLT INFORMATION SCIENCES, INC. of the City of CORONA, County of ORANGE and State of CALIFORNIA 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: MORNINGSIDE RECLAIMED WATER SYSTEM (05-0022-UT) FOR THE SUM OF: ONE MILLION, FIVE HUNDRED FIFTY-SEVEN THOUSAND, THIRTY-NINE DOLLARS AND TWENTY-EIGHT CENTS ($1,557,039.28). 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 # 25 Attachment number 1 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 # 25 Attachment number 1 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, H City Manager Attest: Countersigned Seal) Cynthia E. Goudeau, City Clerk By: Approved as to form Frank Hibbard, Mayor-Councilmember Leslie Dougall-Sides Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) By: (SEAL) (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). Page 5 Item # 25 Attachment number 1 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 VOLT INFORMATION SCIENCES, INC. a Florida Corporation, with its principal place of business located at 218 HELICOPTER CIRCLE, CORONA, CALIFORNIA 92880 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of , 2009 with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of MORNINGSIDE RECLAIMED WATER SYSTEM (05-0022-UT) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me This day of , 200 VOLT INFORMATION SCIENCES, INC. AFFIANT BY: NOTARY PUBLIC My Commission Expires: PRESIDENT Page 6 Item # 25 O LL Q W . F F F I I w On Qd tl I z L; W F U-o Attachment nu ' P of a u m o 0 F a' w= -w ?;1 N Qz z z, u z' LL a; ar #NQ I; o o N Z '; jmiO W w z Il i 0? d' z-2 O - III O E 'w '5 y N,,,,,,,, Q O C',. .1 0 dw, X0 .............. 0 _,,',.. r ? Z W JO w w Q Q Z K o o ? ?w o ? a a w w ° zo? ? I <C ?? J - o am R Ooq w am 11 o m a' a' N 0 w O d a- --- -------------- 2 W F Z (A Z N ?D fn Z ZW? =WO jWJ W ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to A and L Underground, Inc. of Lenexa, Kansas for the construction of the Skycrest Reclaimed Water Project - Contract 2: Transmission and Distribution (Project 07-0013-UT) in the amount of $4,317,223.90, which is the lowest responsible bid in accordance with plans and specifications; and approve a work order for $418,040.00 to McKim and Creed (EOR) of Clearwater, Florida, for project related post-design engineering services, for a total project amount of $4,735,263.90, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater is expanding its reclaimed water (RCW) system to serve its residents with water for irrigation and other non-potable uses as outlined in the 2007 Reclaimed Water Master Plan Re-Evaluation dated May 2007. A cooperative funding agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the Skycrest Reclaimed Water Project (L695) approved by the City of Clearwater on May 17, 2007 provided funding for design, permitting and construction of reclaimed water transmission mains, distribution piping, a five (5) million gallon (MG) ground storage tank, and a high service pump station in the Skycrest area of Clearwater. As part of the agreement, SWFWMD will reimburse up to 50% of $10,838,000 involving all costs associated with this project. There are two (2) projects contained within the Skycrest Reclaimed Water Project (L695). Contract 1, the booster pump station project, involves the construction of a new 5MG RCW ground storage tank and pump station to be located at the existing City nursery site located at 901 North Saturn Avenue to enable the RCW system to meet peak demands. Contract 2, the transmission and distribution project, involves the construction of approximately 17,300 linear feet of transmission piping and 52,500 linear feet of distribution piping. The work involved with the transmission and distribution project involves providing reclaimed water to the following areas: south of Overlea Street to Gulf to Bay (SR 60) and west of Belcher Road to Saturn Avenue along with minor distribution piping at Countryside High School and the Pinellas County Government Complexes in Clearwater; and a new interconnect transmission system from Clearwater Country Club to Old Coachman Road along Maple Street, Hobart Avenue, Ridgewood Street, Duncan Avenue, Airport Drive, Marilyn Street, NE Coachman Road, Belcher Road, and Sharkey Road. The new interconnect transmission system, which will connect the City's eastern RCW system to its western RCW system, will also interconnect the City's three (3) wastewater treatment plants thus increasing the ability to move RCW to areas of high demand and dispose of plant effluent. There are approximately 700 single-family residential customers in the Project's distribution service area. Nearly 500 residential irrigation customers are anticipated to connect to the system, of those, 450 customers are using potable water (224 have separate lawn meters and 42 are using deep wells). It is estimated that they will use 0.33 million gallons per day (mgd) of RCW to offset 0.17 mgd of potable quality water. Eight (8) commercial customers including Clearwater Golf Park (6,400 gallons per day (gpd) flow; 4,800 gpd offset water use permit (WUP) 011816), David Martin Baseball Complex (6,400 gpd flow; 4,800 gpd offset) are also anticipated to connect. In addition to the Skycrest portions of the project, this project also includes minor distribution piping around the City such as Countryside High School (60,000 gpd flow; 6,000 gpd offset WUP 007980), and to cooling towers at the Pinellas County Government Complexes in Clearwater (6,000 gpd flow; 6,000 gpd offset). The remaining commercial customers are churches, commercial properties, common areas and others within the Skycrest service area. It is estimated that these commercial customers will use approximately 0.08 mgd of RCW to offset more than 0.06 mgd of potable quality water. The requested $418,040.00 authorization for McKim & Creed provides Construction, Engineering, & Inspection (CEI) services during the construction period, which includes daily on-site construction inspection, engineering assistance with onsite observations and interpretations, review of shop drawings, attending meetings, and providing record drawings fordbq,,Y4 Clearwater related to both Skycrest RCW Projects (Contract 1: the booster pump station project and Contract 2: the transmission & distribution project). The Skycrest RCW Project - Contract 1: Booster Pump Station contract award is tentatively" q0 ks the July 16 City Council meeting since the bid opening for this project is scheduled for June 18, 2009. The City is utilizing the Owner's Direct Purchase (ODP) option for selected equipment, and the tax savings is estimated at $45,250.00. The contract period for construction of the new RCW transmission and distribution piping is 450 consecutive calendar days estimated to start in July 2009 and finish in September 2010. The Public Utilities Department shall own and maintain the proposed improvements included in this contract. Sufficient budget and funding with 2006 Water and Sewer Revenue Bond proceeds is available in project 0378-96739, Reclaimed Water Distribution System, in the amount of $186,061.35 ($183,595.00 for BPS and $2,466.35 for Trans and Distrib RCW). Sufficient budget and revenue are available in project 0315-96739, Reclaimed Water Distribution system in the amount of $4,549,202.55 for a total of $4,735,263.90 for this contract. A Third quarter amendment will increase the budget for Other Governmental Revenues (337900) in project 0315-96739, Reclaimed Water Distribution System for SWFWMD's share of these contracts in the amount of $2,827,995.95 as follows: Design- $460,364.00 Construction- $2,158,611.95 CEI- $209,020.00 Total- $2,827,995.95 Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See Summary Current Year Cost: $4,735,263.90 Not to Exceed: $4,735,263.90 For Fiscal Year: 2008 to 2009 Budget Adjustment: Yes Annual Operating Cost: Total Cost: $4,735,263.90 Appropriation Code Amount Appropriation Comment 0315-96739 -563800-533- $4,317,223.90 See Summary 000-0000 0378-96739 -561300-533- $ 183,595.00 See Summary 000-0000 0378-96739 -561300-533- $ 2,466.35 See Summary 000-0000 0315-96739 -561300-533- $ 231,978.65 See Summary 000-0000 Bid Required?: Yes Bid Number: 07-0013-UT Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 26 Attachment number 1 Page 1 of 6 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we A & L UNDERGROUND, INC. Contractor and CINCINNATI INSURANCE COMPANY (Surety) whose home address is 6200 S. GILMORE ROAD, CINCINNATI, OHIO 45014-5141. HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: FOUR MILLION THREE HUNDRED SEVENTEEN THOUSAND TWO HUNDRED TWENTY THREE DOLLARS AND NINETY CENTS ($4,317,223.90) 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 z day of 2009, entered into between the Contractor and the City of Clearwater for: SKYCREST RECLAIMED WATER PROJECT - TRANSMISSION & DISTRIBUTION CONTRACT #2 (07-0013-UT) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. CONTRACT BOND Page I Item # 26 Attachment number 1 Page 2 of 6 (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 2009. _ A & L UNDERGROUND, INC. CONTRACTOR By: ATTEST: WITNESS: COUNTERSIGNED: SURETY By: ATTORNEY-IN-FACT Page 2 Item # 26 Attachment number 1 Page 3 of 6 CONTRACT This CONTRACT made and entered into this day of , 2009 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and A & L UNDERGROUND, INC. of the City of LEXENA, County of JOHNSON and State of KANSAS 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: SKYCREST RECLAIMED WATER PROJECT - TRANSMISSION & DISTRIBUTION CONTRACT #2 (07-0013-UT) FOR THE SUM OF: FOUR MILLION THREE HUNDRED SEVENTEEN THOUSAND TWO HUNDRED TWENTY-THREE DOLLARS AND NINETY CENTS ($4,317,223.90) 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 # 26 Attachment number 1 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 # 26 Attachment number 1 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: (Seal) William B. Horne, II City Manager Attest: Countersigned: Cynthia E. Goudeau, City Clerk By: Approved as to form Frank Hibbard, Mayor-Councilmember Leslie Dougall-Sides Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) (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). By: (SEAL) Page 5 Item # 26 Attachment number 1 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 A & L UNDERGROUND, INC. a Florida Corporation, with its principal place of business located at 8375 MELROSE DRIVE, LEXENA, KANSAS 66214 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of 2009, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: SKYCREST RECLAIMED WATER PROJECT - TRANSMISSION & DISTRIBUTION CONTRACT #2 (07-0013-UT) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me A & L UNDERGROUND, INC. AFFIANT This day of , 20 NOTARY PUBLIC My Commission Expires: BY: PRESIDENT Page 6 Item # 26 O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O 0 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 O 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O 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 O O o o o o o o o o 0 O O O O O O O O O O O O O O o o o o o o 0 0 0 Z O O O O O O O Ln O Z N I? O CO O O O N O O CO CO O O O O O O O 0 O 0 O 0 O 0 V 0 O 0 O 0 o 0 O 0 ?T O O O O O O O o O O O LO O o O o O CO O O O O O O O o O V 0 O 0 O 0 O 0 O 0 N 0 N 0 CO 0 LO 0 O D O O o N m N o o m o co o N (O LO O o o o O co O O CO CO N I M CO N N V LO CO V O O Ln Lo Lo O - M (O O Ln V N N N N O V O) M I? 0 0 0 0 CO CO Ln N ? CO N ? CO CO LO LO V V O I? O ? I? 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O) LO LO LO V F Z D 69 69 69 69 69 69 69 69 69 69 69 69 69 Efl Efl Efl Efl 69 69 69 69 69 69 Efl 69 69 69 69 69 69 Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl O O O O O O O O O O O O O O o o 0 0 0 o o o o O O O O O O O O O O O O O O O o o o o o o O O O Z S o O O O O O O O O O O O O o o o o o o o o o o o o o o o o o o o o o o (M M o o o o o o O O O O O O O O M O o o o o o o o O o o o o o o o o o O O O O O O O O O O O O M N o o o o o o o O O O _ F F Z O O o I? co o o o m co I? co O m O o O T O N co co I? I? LO O O CO O O O m N co o o o o N O O m O co O V O O O N O N O LO V r O O o N O O O) o O) m N O I? N r I? O) m CO o O V O LO LO O r V M I (O V - O CO O CO U N V I? O V M I? O) O) N Ln O O) N O) O) M N CO Ln co CO CO V I? CO CO I? V N N C O O N N co N V co N CO n N N V M co V M O O I O O LO V I? N CO O (O LO N r M O M O LO M V ? a O 69 69 69 69 69 Efl Efl Efl Efl Efl Efl Efl 69 69 69 69 69 69 69 Efl Efl 69 Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl 69 69 69 69 69 69 69 69 69 U W O O O O O) 0 0 0 0 0 0 0 O O o o o o o o o o o o O O O O O O O O O O O 0 0 0 0 0 0 O O O O O O I? T o o o o o o 0 O O o o o o o o o o o o o o o o o o o o o o o O O I? O O O O O In a U O O o O LO r O co (O o O O O M O I? N M r N o r I? O m r O co r o co CO o m V o N co o M m o O O o N O o M o o co m o V M 0 Ln 0 m (O 0 O V 0 o co 0 r m 0 o LO 0 p O N m N o N O) O M N N O O O O V O) O LO LO r CO O CO J IL N ? I? V N CO LO V ~ N M Q Z Q Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Z O O O O O O O O O O O O O O O o o o o o o o o o o O O O O O O O O O O O O O O O O o o o O O O O O O O O O O O O O O O O O O O O O O o o o o o o o o o o o o O O O O O O O O O O O O O ? O ? O O O O O o o o O O O F F O O O O O O O O O O M O O O o o O o o O o O o O o O O o o o o o o o o o o o o o o o o o o O O O O O O V O O o O o O o O o O o O o ? CO o 0 o °0 O 0 S W R O 0 O 0 Z O O O O O o LO O (O O V o o O O 0 o 0 0 0 0 o O O O O O N O LO O O (O O O CO N - O O O O co o O (O U O O Ln O V O V 0 0 0 m O O m O N 0 CO M CO V V M 0 0 N ? N 0 0 V N V O p p o ,\i ? M m O Ln Ln V N V N N N I? CO m CO V V o CO N (O N M M C;O I? N CO M M M ? a Z O U Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl EH EH 69 uH uH uH uH uH uH uH uH uH uH uH uH uH uH Efl Efl Efl Efl Efl Efl Efl 69 69 U W o 0 o 0 o o o o o o o o o o 0 0 0 0 o 0 o o o o 0 o o 0 ° o o o o o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 W U 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o o 0 0 0 o 0 F _ 0 o 0 0 0 CO 0 O) 0 0 o N o CO O V M M O O O o O O O O 0 0 0 0 0 0 E 0 O O p O O O O O O O N O Ln O O O O N O O O O N O O O O O O O N N CO I? O M N N W pL O o o O O o O O Lo p O) o 0 o V 0 O O) 0 O LO 0 Ln - 0 o LO 0 (O 0 M M CO (O O _ (O ? ? LO N r O LO O O O LO O m F Ln Ln V I? N O Z LD y D 69 69 69 69 69 69 69 69 69 69 69 69 69 69 uH EH GO GO Go GO Go GO GO Go GO GO GO EH EH EH EH EH EH EH EH Efl Efl Efl Efl Efl Efl Efl Efl Efl o O O O O O O O O O O o o O O o o o o o o o o o o O O O O O O O O O O O O O o o o o o o O O O O O O O O O O O f O O O O O o 0 o O O o o 0 0 0 0 0 o o 0 0 o o o O O O O O O O O O O O O O O O O O m m O o o o o o O O O Z F O O O O O o O o o m 0 co 0 o 0 co 0 o 0 N o 0 o O Lo O o 0 O O O V 0 O 0 Ln 0 O o O o O O O O O O O O O O O M O o m W V N M I? O O O O O °M O C ° O O O O O - Z O O N V M N co co co O co o O O I? O V O CO m O) (O O m o co N o o N I? m N N N T ° O Lo - M M CO O (O I? O) CO N (O V CO N (O I? V M LnCO Ln M O V O o Ln V CO (O O) I? Ln M r N N M V N M N O) IT T N N O) Ln N V V V CO co O N CO V CO N z o O M N V N (O co C? N N O Q w V uH uH uH uH uH uH u Hl u Hl u Hl uH uH uH uH uH uH EH EH EH EH EH Efl uH uH uH uH uH uH uH uH uH uH uH uH uH Go Efl Efl Efl Efl Efl Efl Efl 60 EH O O O O O O O O O O O o o O O o 0 O O O Q W 0 0 0 LO 0 0 0 0 0 0 o o O O o 0 o 0 o 0 o 0 o 0 o 0 o 0 o o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 r o O o O o O o o 0 O O O Z U O O O N o r N CO V co co o o LO O O O O O O o o O r 0 0 0 0 0 0 (O N o o O O O O N O (O M (O D O O O o O N (O CO Lo M N LO V O O co V LO V O V O co O I? O LO M O) O O m M O) N V O (O O M O N O V M N O O) N M M O O) O O O O O LO N J IL (O I? M (O V M O) O V a = Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl ~ O 0 0 0 0 o ? ) O CO ° M 0 0 O O ° ° O D O M O O W Z W CO CO ? H l l + ? (O CO I d N V I m M O O L (O ' D V M N ? m m M W W W W W W W W Cn W W W Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q > > Q m W Cn Cn Cn Cn W W W LL LL LL O J J J J J J J J J J J J J J J W W W W W W W W W W W W W W W O O W J J J J J J J J J J J J a s d Y Y Y LU W Y D D U U U w a a a a m Q Q Q _ W W O O O Z W Z J II W W J J W W W Z O U) Q a to W D O C) C) _ ?_ (n (n (n (n Cn (n Q Z O M H m Z Z W d a a J J J W (7 Z (7 Z (7 Z (7 Z (7 W O Q r d W _ W _ ~ _ ~ _ ~ ~ z ~ O m CO Q W z O W W m W O O O H O ~ ~ W W Q O N N W J W W W Z W W W W > Q (o o ?2 Z O a a Z ? ? Z O a ? ? ? w z z z z w U O w H > H > () () Q Z D w 0 0 0 > r O O O O Z o X (7 C) C) L 0 F O O Z m m ? Q C7 Z c7 z c7 z 0 0 0 x I O LL O LL O LL O W g g g g 0 w w J z r O 0 z z z a ? w O ? ? ? wa Q Z Q Z O W Q U) _ U) U) m m m O m Q ? Z ? Z ? Z z w J w J w J w J J W Q W pp w a w s O w 0 W _ C) C) O O O H 0 0 0 W 0 0 0 J - J 0 0 s Q m n 0 7 7 7 F: 0 Z Q Q Q z Eij 0 0 0 0 0 ~ d' w J III ?? 7 L n 0 a . O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 O 00 0 0 00 0 0 0 0 O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O 0 M M 0 00 0 0 00 0 0 0) 0) o 0 0 Z Z 0 o 0 o 0 O 0 O 0 O V co O O O co 0 co 0 o 0 o 0 o 0 o 0 o 0 o O o O O O O 0 O 0 LO 0 LO 0 O 0 O O2 ? O O Ln O LO Lc) V LO o) O O OO O V O V O LO Ln M V O O (0 O c0 O V c0 o o o o N V N V N N N O o LO M V N I? r O Ln O O O V V Ln V V V c) I? O r O O 0 V N o O O N o V M V N N (O _ U Q ? Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea . .. . . .. . . . a a a U W W o o o o o o o o o o o o o o o o o o o o 0 o o o o o o o o o o o o o o o o o o o o o o o o 0 0 o o o o o o o o O 0 U O O O O O N O o 0 0 0 0 0 0 o o O O O O O O O O O O 0 0 ? 0 O 0 I- 0 o 0 o 0 0 O T M 0 N 0 O 0 LID 0 o 0 o) 0 LID 0 0 M V N 0 LID 0 LID 0 O O O O LID O O tt V chm en M nu N mber 2 (L (o ? M N N N ,? ,? ? ? ? ac e 2 f F z 0 0 0 0 0 0 0 0 0 0 0 0 ° ° o 0 0 0 o o o o o o o o o o o o o o o o o o o o o o 0 0 o o 0 0 0 0 0 0 o o ° O o o o o 0 0 0 0 0 o co co o oLO LO o oo o o 0 0 o o o F O co o N 0 0 0 0 O 0 O 0 o 0 I? 0 N (o 0) an d (? o N o O d O d O O O O O O O I- c0 - Ln d O o O W Ln Ln ? M I- LO r LO IA r O) N I? O O OO O LO O LO O ? Ln ? O N M O O O LO Z (0 (0 m N l 0) O N O N ? M O) N LO N O) LO Lc) Lc) co O O O) O (m 0) (0 (0 LID o N I? LID O Ln O W W 0 N O M N W O V c0 M V M N O o V M N O O -- Ln M O) (0 (0 M O N N N V O I? r o M M 0 0 ? ? N ? 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V V (0 (0 N V V V I? c0 M N M N N N M N N N V o M (0 M 0 M V M M c0 N M N V LO c0 Ln O M M N O LO n Q 0 Ea Ea Ea 69 Ea Ea Ea Ea Ea 69 Ea ua ua ua ua Ea 69 69 Ea Ea Ea Ea 69 Ea Ea Ea Ea Ea Ea ua n Ea Ea Ea Ea Ea Ea Ea Ea U ,; o o O O O O O W U O 0 o O o 0 O o o O o 0 O o 0 O o 0 o o o T o o O 0 o o 0 o o 0 o o 0 o o 0 o o 0 0 0 O o O 0) O I? O V O O O O O o O O o O O o O o O O O O c0 O O O) O O N In Q m r O O r O V ? M M c0 O O M o LO O) o O o V V M M I? V O (0 c0 N c0 I? 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M M O) V LID LID N N LID (0 Q Z 0 U Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea 69 69 69 69 Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea ua Ea Ea Ea Ea Ea ua Ea Ea Ea U W o o o o o o 0 0 o o o o o o o o o o o 0 o o o o o o o o o o W F U W o 0 0 o o o o o o 0 o o 0 o o 0 o o 0 o I- 0 o W o o 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 T o o o o o o o o o o o o o o o o o o o o o V o LO V o o M W I M o (o (0 co o LO co co o o o o o _ co - V M N N O O Ln Ln 0 J ~ Z Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea o ° o o o ° o ° o o o o ° ° o o o o o o o o o o o o o o o o o o o o o o o o o o U 6 9 0 0 0 9 6 9 0 0 0 0 9 0 0 o o o o o o o o O LO LO o oLO LO o o o o o 0) 0) o o o F O O ° o o o 0 O 0 N ° N O ° o O o o M o V 0 V ° O ° O O O O O O O O O O O O O O O O O O O o I- I- O N V LO I? LO I- r o N O O O O O O O O O M M M I? co r O O O O O O Z O N c0 Ln N ° c0 (0 O) I? Ln ° ° r LO M r r co o O M O co co o o) o o o o I- O V M V V (0 N N M co N Ln V (? .o N (? M M N M M M Ln M 0) M M M M O O O O (0 LO LO c0 N V I? M N M O LO Z 0 M LO c0 M N N V =) 2 M V 0 Q w <a 691 69 691 69 69 Ea 691 69 691 69 691 691 691 69 ua ua <a ua 69 69 69 69 <a 69 Ea <a <a <a <a <a <a <a 69 Ea Ea Ea Ea Ea W O O O O O O O O O O O O O O O O O O O O O O O O O O O O Q O O O O O O O O O O O O O O O O O O O O O O O O O O O O Z U O LO O LO O O O O I? M M r N F o O Ln O Ln V Ln V o V o o r m M Ln M N o o o o o o o o LO I? O O O) O V V c0 N D (L r O W LO T I? r LO V M I? r M O M O J d - - - rS rS Ln o ~ 0 Q 7 69 Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea 69 <a <a <a ° ° ° F o o o o o o o o o o Ln o 0 0 0 0 0 M o oo c0 O O N? M Q I? N? LN O O O o o H H N a a a M N _ Q Q Q Q Q Q Q Q Q Q Q Q Q Q > r W r > Q Q Q (n (n a U) Z 0 ? U) (n W W W 0 W W W W W W W W W W W W W W (n J) J (n (n W W W J J W J J J II J J J H Q N >- LU 0 n U m W O W O W O Q Q ll? C) Q I Q Q w w w U) U H p d' O ^ n W W W W (n (n ) Q Z Z (n p Y O M M O H Z O? V 3 U » a a CD CD w w w Q M z M T m o m aS Z -p Z_ Z_ J Q J Q - a - a Z_ Z_ > J J W W < Q ° D m (n Z ? Z r II N V M m M p p= p pp r.p pp > > 0 0 Q m O O Z w H w r J r >- n In o n LL O - ?, E z W p W p= p= a p 0 0 > > - W - W > W Q Z 07 07 [) o ? H N V H o Q J M M M m O F N => = O z z a a z w co a a W W uj W W z 0 ? 2 w O O -- U ¢ O r ? F V m m F } W N [) W> [) W> W < < cl O O M Q o n w w O ? w co w co z F - z > c ~ O U m ? a. 0 d ? N aa aa F x x w w O LL O LL w Q w w Ji LU Q J O o co co 0 r O p Q O U n > C) ) K z a a s Q m m ?j ? H H W W W W ? 0 LU 0 J? a Q co Q Q O Z m J Z W 0 Z Z Z c m Q Q U D_ UO 0 0 W W Z Z J J > - > W W W d Q (r (r g W ?. O M jn ? W 0 o m N V) >° - >° m z U) cJn O O ? ? ? Cr L U0 1L U r Q ? ? ? 111 ? a ? t ? < ? ? m w w ?I ? S aC) 3 aO aO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 G F O O O O O Ln Ld Z O O LO N O N O T LO c0 W V M M N cl D O N I? 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V O O) O O M V r V V (O Lo O V r LO N N O N V O O M V M M O O 0 2 M M U Q W J W 69 ~ F W O O O O O O LO M LO - N O co - CO O O M M (O M O O O O O O O O O O O O O O (O o O o M M O O O O o o o o O O O O O O O O M M O O o o o o o o o o O O O O O O o M o M o M (O M (O CO (O o J U o 6 0 , o o m co v N M o o o o v v o m o m co o (o v o 0 0 o o c o o l o co o co O > W IL O O O O O o O V N I? O o N M N CO O o (O o (O o (O o o o) O N o I? V O W Ln M o) r V o O m o O _ M V _ o O _ I? 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O (D N O) O Ln M (O V N co LO Z D D N N O) N V N N O LO Lo V N LO N M N M M M LO (O LO M (O (O E2 M M O Q Efl Efl Efl Efl Efl 69 69 ? ?69 69 Efl Efl EH EH Efl Efl Efl Efl 69 W o o o 0 0 o o o o o o o o o o o o o o o o o o o o o o o o o 0 o 0 0 0 o o o o o o o o LO 0 W o o o o o O o o o o o o o o o o o o o o o o o o o o o o o o o o O O LO o o o o o 0 o n o F U o o O O N V m I? co o m o O O o o o o o o o o o o o o o o o o (O o o O O O o o o o CO N O O O CO (O V N CO M N O M Lc) CO O O O (O O O) M I? W Lc) O M Ln O O N o o O O O M N O O LO O (O (O o r- c \i N Ln o T N O) I? O) CO LO O O O O IL LO N LO I? I? LO ? V N I? r N M I? O Ln Ln ? 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(O O O (O CO V ? Ln (D (D (O M (D (D N CO O ? _ _ O O O O =) CO CO LD N M V N CO CO m m N O N M N o ,;T CO o (O N O O O _ CO N O V O O (O I? O M N (O CO CO T N I? F T n Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl 69 69 69 69 69 69 69 69 Z O O O O O O O O O O O O O O O O O O LD O O O O O O O O O o w O O O O O O O O O O 0 O 0 O 0 O 0 O 0 0 O O O LD LD N O O O O O O O O LD ? LD O O U U O O O O O O O o o M o O O W O O O O o r N o r 0 N O M o N o 0 0 0 O LD I? I (O O M O N Ln O) 0 0 O V N CO I? V O O W CO LD (O a N N Ln V Z Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl V 0 0 0 0 0 0 0 O M O O Ln O O O O O O O O O O N r m r r CO O O O O CO o co O O O O 0 0 0 V O Ln O O O O I (O O O O O O O O O O I? O o o o I O O N N M M N O O O O O O M O) 0 0 O) M r M N m Ln - O) O L2 CO N N O CO N LD c0 O LD O Z Z CO CO _ O) O O o O CO CO LD N ? V L Q ? c0 O m M N N I O CO CO CO O V N CO O O) I? o M O) A - o LD O V o O o o CO o CO O LD Ln LD Ln Ln ? N ? O c,4 O N N LD CO ? LD N N V (D CO V V CO I? Z D I? CO M N N V O I? V CO (O LD N (O N M o o CO - m N M LD LD N V o ,;T N LD Q Z O LD M I O O oo)) N N N N N N O o c0 co M M V V U O g LD (O U Q W D 69 69 69 1 1 1 169 69 69 69 69 11 11 ,1 11 1 <s ( 1 a 1 69 69 69 69 69 69 69 69 Q F M V O O Ln r O Ln Ln O) O O 0 CO N I? Ln O O O O M O O LD LD J (n W o O O O O O o ? N O O o o M N CO M 0 0 LD O I O LD r N Q Z () (O o o I M o m ; V M o r m M V I? r M r V N O) M N I CO O U CO M I? CO m O M (O CO V M V M m M V LD M CO LD ? M N N CO m CO m LD o o N o LD M r M CO I? V (O V I? (O N M N a N N N N F Z Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Ln Ln O O O 0 . 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O I r o O Lc) Lc) o o Ln LD O O O O . 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O z O a > z z z z z w (? o w H > H > 0 C) Q z F O O p m m p Q C7 c7 c7 I 0 0 0 r 0 O g O g O g O g 0 o X w (7 z r 0 p p w L ? O z ? C) z z z 0 0 0 x O F W w J O p z w z w a w p ? Z Z Z a Q Z Q Z LLB Q u) _ u) u) m m m m Q Z Z Z z w J w J w J w J J J W Q W p a s o w W _ m O 0 0 0 Z W 0 0 0 J 9 9 s n 0 7 7 7 W O p p Q Q Q Z u 0 0 0 0 0 (r w J III ?? 7 L n 0 a 0 . Attachment number 2 Page 8 of 9 0 0 0 0 0000 0000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 0 0 0 0 00 00 0 0 0 O 0 o) 0 o) O O O O O O z F O 000 ? co00 co o o m 0 N O M O co co Q o r Ln O N O O O O O O O O 0 N 0 N 0 V 0 co 0 O O O 0 m M Co 0 0 O o) OO o) co O I O O OO O O O O o) LD LO ? V M N LD O O M O z N I? O M O V M I r Ln O W co N O r V O m ,;T I N (Q co co co_ ? O O O N N o r LD M LD M F 0 0 I? LN M N M N V Ln c0 M O M 0 N M N N M M M V V O mo Co S) 0 M N N c Ln M LD ? - ? M O n N O O C? N V Ln _ Q Z 69 69 69 69 69 691 69 Efl Efl Efl Efl Efl Efl Efl 69 69 69 69 691 69 69 691 691 69 69 69 Efl 69 69 uH Efl uH uH uH uH Efl 69 69 69 F O O O O O O c0 (o O Co O N? O M O Q I? LD N;T O LD O O O O O O O 0 O 0 N M N M p Oo _ N LD 69 fl fl Q Q Q Q Q Q Q Q Q Q Q Q Q Q > r W r > Q Q Q U) U) Q U) z 0 F W W W O W W W W W W W W W W W W W W M co J co co W W W J J W J J J II J J J H Q N Q Lu n U m W W W O u - O co Q co w Q I^ Q Q n w w w co H Q d' O M O z O U V U W » W W a W a co C? co C? < w Z w Z w co Q p Y m z O m M m m o m pj Z -Q Z_ - Z_ - J Q J Q - a - a Z_ Z_ > J J m W W Z Q °w r r n m D n z Z O r II N U M m ?2 Q Q= _ Q Q Q r. Q Q Q a > Q > Q L) > L) > - L - L Q > W O O Q w H Z J m J m H U o u) o H n o J M M m z O W F V Q = W Q= = Q= Q O z Z a a ` z ` z w n a W W W z 0 M W O O N U U ¢ Q O r F () M m m F 1 } > W U)) 0 W> O w> W x X Q w Q w O O O O n Q n Q W a w O Q w cje o w n w n z r F - z > Q U c ~ n > O U m M a z d s } N a a a a F 0 m M LL LL 0 W 0 W W W w ? w ? Q? Je J d O Q U) n < n < 0 C) O Z p m O J z U) Z z F N ) Q Q K U D_ a UO 0 a 0 a 0 Q LU W J W J Z Z J J W ll? (? > (? - > W W W d < ll? ll? g W ?. O W W 0 U) U) N N >O - >O >O m z z n n O O ? ? ? Cr w ? w w ? m r Q ? ? ? ? a ? ? ? ? ? ? m w w ?I ? S aC) aO aO Attachment number 2 Page 9 of 9 0 0 0 0 0 0 0 0 0 0 O O V V M Z O N O O M CO ? V CO O Z N (O - CO O) F co O) N V M O) O b N U O a ? z GO 691 691 691 69 69 69 F o z O_ M V N C u) J w w w M co 9 o V Q F C) U) y z 0 n z w m ? W > > w ~ ?_ P Q U) "L w O t iJ a w > o F } w W (L U) O 0 U) - M F R z - (n e w U w U O ? ? w J U) U) D LU -j Attachment number 3 Page 1 of 6 CITY OF CLEARWATER ENGINEERING DEPARTMENT McKIM & CREED ENGINEERS WORK INITIATION FORM DATE: May 2009 City Project No: 07-0013-UT M/C Project No: PW081395 PROJECT TITLE: CEI Services for Skycrest RCW Project - Contract 1: Booster Pump Station and Contract 2: Transmission and Distribution 2. SCOPE OF WORK: SUMMARY The City of Clearwater is constructing a new reclaimed water system consisting of approximately 74,250 LF of transmission and distribution pipeline, a booster pump station and a ground storage tank for its Skycrest Reclaimed Water System. Upon completion, the system will connect the City's eastern reclaimed water system to its western system and provide service to approximately 700 single-family residential customers, Clearwater Executive Golf Park, the City's Nursery and the David Martin Baseball Field. This Work Order provides construction engineering and inspection (CEI) services for the construction of the reclaimed water booster pump station and the pipeline system. The two construction components have been bid separately and it is anticipated that they will be awarded to separate contractors, but will be constructed concurrently. The scope of work to be included is more fully defined as follows: SCOPE OF WORK Task 1 Pump Station CEI Services Develop project documents and filing systems for the project that will include; project set- up, project schedule, project management plan, hard and electronic file systems, sub- contract agreements and conduct an internal kick-off meeting. 2. Provide monthly status reports of the progress of this scope of work to accompany monthly invoices and administer the project. 3. Prepare bi-monthly status reports for submittal to SWFMWD in accordance with their reporting requirements for the estimated duration of the project. 4. Conduct pre-construction conference with the selected Contractor and City staff to review project requirements, coordination, and scheduling. Minutes of the meeting will be prepared and distributed by McKim & Creed (M&C) to all attendees and other stakeholders. 5. Review Contractor submittals including shop drawings, O&M Manuals, Owner Direct Purchase forms and product substitutions for compliance with the Contract Documents. M&C will coordinate the review process and maintain a submittal review log. Reviewed submittals will be distributed to the Contractor and the City. Item # 26 Attachment number 3 Page 2 of 6 CITY OF CLEARWATER - Skycrest RCW System CEI Services May 27, 2009 Page 2 6. Administer nine (9) monthly progress meetings with the Contractor and the City to review project status including work progress, schedule, submittals, change orders, and RFIs. The meetings will be held at either the City's Public Utilities Office or at M&C's Clearwater office. Minutes of the meeting will be prepared and distributed via e-mail by M&C to all attendees and other stakeholders. 7. Provide on-site construction observation for the pump station for a period equivalent to an average of 20 hours per week over the construction period (estimated at 39 weeks for a total of 780 hrs) to observe the work relating to the design requirements, verify quantities, and to review the Contractor's "As-Built" redlines. During each site visit a report of observed activities, progress, discussions, and any identified deficiencies will be developed for the project record and copies will be provided to the City via e-mail. 8. Make one 2-hr site visit per week by the design engineers to observe the work in progress and the quality of the various systems and facilities with the respect to their intended function and Contract requirements. Seventy-two (72) hours have been allotted for this task. 9. Provide general contract administration including interpretation of the Contract Documents, general correspondence with the City, Contractor, jurisdictional agencies and sub- consultants; and coordination of construction activities (observation, training, equipment startup, ODP administration, etc.) between the appropriate personnel. Four (4) hours per week over the anticipated contract time of nine (9) months has been budgeted for a total of one-hundred and fifty-six (156) hours. 10. Respond to Contractor's Request for Information (RFI). Maintain a RFI receipt/response log. Four (4) hours per week over the anticipated contract time of nine (9) months has been budgeted for a total of one hundred and forty-four (144) hours. 11. Review change requests submitted by the Contractor and make recommendations to the City. Maintain a log to track change orders and costs. Two (2) hours per week over the anticipated contract time of nine (9) months has been budgeted for a total of seventy-two (72) hours. 12. Review and log results of material testing for compliance with the Contract Documents. Copies of the testing results will be forwarded to the City. 13. Review Contractor's request for payment, compare request with work completed, verify accuracy and recommend appropriate action by the City. 14. Assist with the booster pump station startup by reviewing and commenting on the Contractor's procedures for placing the facility into operation and provide troubleshooting assistance during the startup procedures. 15. Attend substantial and final walk-through and prepare punch lists for the Contractor to complete and/or correct items that are required by the Contract Documents. 16. Perform final inspection of completed work and prepare the Engineers Certification for submittal to the Building Department and SWFWMD upon satisfactory completion of the project. Item # 26 Attachment number 3 Page 3 of 6 CITY OF CLEARWATER - Skycrest RCW System CEI Services May 27, 2009 Page 3 17. Administer project closeout by collecting and submitting contract closeout documents including record drawings, release of liens, warranties, manuals, final change order, and other required documents. 18. Prepare Record Drawings of improvements based on Contractor supplied marked-up drawings showing any deviation from the construction drawings. Provide one (1) CD ROM in AutoCAD 2008 format and one (1) printed copy of said Record Drawings to the City. Task 2 Pipeline CEI Services Develop project documents and filing systems for the project that will include; project set- up, project schedule, project management plan, hard and electronic file systems, sub- contract agreements and conduct an internal kick-off meeting. 2. Provide monthly status reports of the progress of this scope of work to accompany monthly invoices and administer the project. 3. Prepare bi-monthly status reports for submittal to SWFMWD in accordance with their reporting requirements for the estimated duration of the project. 4. Conduct pre-construction conference with the selected Contractor and City staff to review project requirements, coordination, and scheduling. Minutes of the meeting will be prepared and distributed by M&C to all attendees and other stakeholders. 5. Review Contractor submittals including shop drawings, Owner Direct Purchase forms and product substitutions for compliance with the Contract Documents. M&C will coordinate the review process and maintain a submittal review log. Reviewed submittals will be distributed to the Contractor and the City. 6. Administer fifteen (15) monthly progress meetings with the Contractor and the City to review project status including work progress, schedule, submittals, change orders, and RFIs. The meetings will be held at either the City's Public Utilities Office or at M&C's Clearwater office. Minutes of the meeting will be prepared and distributed via e-mail by M&C to all attendees and other stakeholders. 7. Provide on-site construction observation for the pipeline for a period equivalent to an average of 20 hours per week over the construction period (estimated at 65 weeks for a total of 1,300 hrs) to observe the work relating to the design requirements, verify quantities, and to review the Contractor's "As-Built" redlines. During each site visit a report of observed activities, progress, discussions, and any identified deficiencies will be developed for the project record and copies will be provided to the City via e-mail. 8. Make one 2-hr site visit per week by the design engineer to observe the work in progress and the quality of the installation with the respect to their intended function and Contract requirements. One hundred and twenty (120) hours have been allotted for this task. 9. Provide general contract administration including interpretation of the Contract Documents, general correspondence with the City, Contractor, jurisdictional bodies; and coordination of construction activities (observation, training, equipment startup, ODP administration, etc.) between the appropriate personnel. Four (4) hours per week over the anticipated contract time of fifteen (15) months has been budgeted for a total of two hundred and sixty (260) hours. Item # 26 Attachment number 3 Page 4 of 6 CITY OF CLEARWATER - Skycrest RCW System CEI Services May 27, 2009 Page 4 10. Respond to Contractor's Request for Information (RFI). Maintain a RFI receipt/response log. Two (2) hours per week over the anticipated contract time of fifteen (15) months has been budgeted for a total of (128) hours. 11. Review change requests submitted by the Contractor and make recommendations to the City. Maintain a log to track change orders and costs. Two (2) hours per week over the anticipated contract time of fifteen (15) months has been budgeted for a total of (128) hours. 12. Review and log results of material testing for compliance with the Contract Documents. Copies of the testing results will be forwarded to the City. 13. Review Contractor's request for payment, compare request with work completed, verify accuracy and recommend appropriate action by the City. 14. Attend substantial and final walk-through and prepare punch lists for the Contractor to complete and/or correct items that are required by the Contract Documents. 15. Administer project closeout by collecting and submitting contract closeout documents including record drawings, release of liens, warranties, manuals, final change order, and other required documents. 16. Review and provided comment on final As-Built Drawings supplied by Contractor. The City will develop the final Record Drawings. 4. PROJECT GOALS - WORK PRODUCTS: • Pre-construction meeting minutes • Progress meeting minutes • Pay Applications • Shop Drawings • RFI responses • Changes Order responses • Copies of correspondence • Observation Reports • Substantial and Final Punch Lists • Final Inspection and Certification of Completion • Certified Pump Station Record Drawings • Review of Pipeline Record Drawings • Project Close-out 4. BUDGET The Post Design Services will be billed on the "Actual Cost Method" in accordance with the Engineer of Record Contract. The fees for the various tasks are outlined below. Task 1 - Pump Station CEI Services $ 183,595 Task 2 - Pipeline CEI Services $ 234,445 TOTAL $ 418,040 5. SCHEDULE Item # 26 Attachment number 3 Page 5 of 6 CITY OF CLEARWATER - Skycrest RCW System CEI Services May 27, 2009 Page 5 McKim & Creed will provide the services outlined herein in accordance with the Contractor's schedule for the construction of the pump station (a duration of 270 consecutive calendar days) and the pipeline (a duration of 450 consecutive calendar days). 6. STAFF ASSIGNMENTS: City: Robert Maue, PE McKim & Creed: David Wehner, PE; & Joe Resendes, CCCA 7. CORRESPONDENCE/REPORTING PROCEDURES: All City correspondence shall be directed to Robert Maue, PE. All McKim & Creed Correspondence shall be directed to David C. Wehner, PE. 8. INVOICING/FUNDING PROCEDURES: Please invoice monthly for work performed as detailed in McKim & Creed Engineer of Record Contract. Invoices will be transmitted to City of Clearwater, Attn: Veronica Josef, Senior Staff Assistant, Engineering Department, P.O. Box 4748, Clearwater, FL, 33758-4748, and each Task (or construction contract) will be billed in separate invoices. City Invoicing Code: 0378-96739-561300-533-000-0000 $183,595 Booster Pump Station 0378-96739-561300-533-000-0000 $2,466.35 Trans & Distrib RCW 0315-96739-561300-533-000-0000 $231,978.65 Trans & Distrib RCW 9. ENGINEER CERTIFICATION I hereby certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471, that the above project's site and/or construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. I understand that it is my responsibility as the project's Professional Engineer to perform a quality assurance review of these submitted plans to ensure that such plans are free from negligent errors and/or omissions. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents which I may subsequently tender. 10. SPECIAL CONSIDERATIONS: None PREPARED BY: A. Street Lee, PE Vice President McKim & Creed APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date: Date: Item # 26 Attachment number 3 Page 6 of 6 CITY OF CLEARWATER - Skycrest RCW System CEI Services May 27, 2009 Page 6 Y Attachment "A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of I" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address tom.mahony(axlearwater-fl.com ? All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 26 3AP f 1?."d L r W QD 1 rW !flc O NVI _caNh_d J INKOH KAM ,,N L O 3.., ?_rl?!+d1?1U3 LOW,, q' .,1G4 N J - ?.. 111 1i u i ,J I ICr? 0 ?J l L: L -? L U SAV !-ld TAV - O W IL CNIN ih t17 '? J v W Lj W ;,I W ry u w (? Sil . 7' lam, ._C T J {- J _ u ? f) V n. U 2 afl ? g ?:, J? ? u-??.??_ L ??, ;?.,??:>;snaa i?:?1 J J ._ iJ ?? - L J Ju u =? lL W - l ?,n eel '{? ?jl_Iti L V ? -I r I? W X Lil J t7. w W Z C? IJ 7 fl O w t w r V W ?l S c n ,I II Cfl N it N - m?mo??moom?mMO?m m?ms?°moo??s?m -12 -6U «0 ? r0 .. .... m U ???? ? N N N ? ? ? N N? m m N N ?n v F a? N ? ? ? ? ? N L AL W v m? : s o m? : y E t r m 2Eo E 3 ? ? Y m ?p '? 3 m F vN o???r?zm«N? ?u o Z??r?zm«N? -..6 ui _ no?a2?m ? m? `0 9`o wo no?a2?m ?' yyN u",N??g"`o«UinU Ora -nU? O?in2iu, `o«VinU Or a`?-°U? E: o s c 3 2 m- Q Y c = S U d y m° d a m 3 d y m m Ito ot O- Ew ra'a`?rn dttUOd(7ttU?din r'n iidd 'a a` 00 ttUOd(7ttU?drndtt U? Uf f ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to R.E. Purcell Construction Company, Inc., of Largo, Florida, in the amount of $1,109,657.62 for the construction of the South Gulfview Boulevard Reconstruction Project (07-0060-EN), which is the lowest responsible bid in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: The South Gulfview Blvd Reconstruction Project consists of the reconstruction of the roadway base and asphalt, stormwater culverts, inlets, curbs, and sidewalks along South Gulfview Boulevard from 5th Street to Hamden Dr and from Bayway Boulevard to Gulf Boulevard, the reconstruction of the roadway base and asphalt, curbs, and sidewalks along Parkway Drive, the replacement of 4200 feet of water mains along South Gulfview Boulevard, and the adjustment of existing utilities at conflict locations throughout the project. The estimated time period for construction is 180 calendar days to start in August 2009 and finish in February 2010. Sufficient funding is available in Capital Improvement Program (CIP) projects as follows: $786,080.68 of Road Millage in 0315- 92273, Streets and Sidewalks; $51,176.07 of Stormwater Utility revenue in 0315-96170, Coastal Basins Projects; $238,450.25 of 09 Water and Sewer Revenue bond proceeds in 0376-96752, Water Service Lines; $30,056.62 of 09 Water and Sewer Revenue bond proceeds in 0376-96665, Sanitary Sewer R&R; and $3,894.00 of Water Revenue in 0315-96739, Reclaimed Water Distribution System. The total funding of the contract is $1,109,657.62. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $1,109,657.62 Not to Exceed: $1,109,657.62 For Fiscal Year: 2008 to 2009 Budget Adjustment: None Annual Operating Cost: 0.00 Total Cost: $1,109,657.62 Appropriation Code Amount Appropriation Comment 0315-92273-563700-541- $786,080.68 See Summary 000-0000 0315-96170-563700-539- $ 51,176.07 See Summary 000-0000 0376-96752-563800-533- $238,450.25 See Summary 000-0000 0376-96665-563800-535- $ 30,056.62 See Summary 000-0000 Cover Memo 0315-96739-563800-533- $ 3,894.00 See Summary 000-0000 Item # 27 Bid Required?: Yes Bid Number: 07-0060-EN Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 27 Attachment number 1 Page 1 of 6 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we RE. PURCELL CONSTRUCTION CO., INC. as Contractor and HARTFORD FIRE INSURANCE COMPANY (Surety) whose home address is HARTFORD PLAZA, HARTFORD, CONNECTICUT 06115 HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of. ONE MILLION ONE HUNDRED NINE THOUSAND SIX HUNDRED FIFTY SEVEN DOLLARS AND SIXTY TWO CENTS (1,109,657.62) 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 2009, entered into between the Contractor and the City of Clearwater for: SOUTH GULFVIEW BLVD RECONSTRUCTION PROJECT (07-0060-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. Agenda.PDFConvert.9402.doc Item # 27 Attachment number 1 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 , 2009. RE. PURCELL CONSTRUCTION CO., INC. CONTRACTOR By: ATTEST: WITNESS: SURETY By: ATTORNEY-IN-FACT COUNTERSIGNED: Agenda.PDFConvert.9402.doc Item # 27 Attachment number 1 Page 3 of 6 CONTRACT This CONTRACT made and entered into this day of , 2009 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and RE. Purcell Construction Company, Inc., of the City of Largo. County of Pinellas 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: SOUTH GULFVIEW BLVD RECONSTRUCTION PROJECT (07-0060-EN) for ONE MILLION ONE HUNDRED NINE THOUSAND SIX HUNDRED FIFTY SEVEN DOLLARS AND SIXTY TWO CENTS ($1,109,657.62). 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. Agenda.PDFConvert.9402.doc Item # 27 Attachment number 1 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. Agenda.PDFConvert.9402.doc Item # 27 Attachment number 1 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: (Seal) William B. Horne, II City Manager Attest: Countersigned: Cynthia E. Goudeau, City Clerk By: Approved as to form: Frank Hibbard, Mayor-Councilmember Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) By: (SEAL) (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). Agenda.PDFConvert.9402.doc Item # 27 Attachment number 1 Page 6 of 6 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF FLORIDA COUNTY OF PINELLAS 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 R.E. Purcell Construction Company, Inc. , a Florida Corporation, with its principal place of business located at 1550 Starkey Road, Largo, Florida 33771 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of , 2009 with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of SOUTH GULFVIEW BLVD RECONSTRUCTION PROJECT (07-0060-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 RE. PURCELL CONSTRUCTION CO., INC. AFFIANT This day of , 2009. BY: NOTARY PUBLIC My Commission Expires: PRESIDENT Agenda.PDFConvert.9402.doc Page 6 of 14 1tern 22®7 Q) G G N W Z } Q N? LfN?N I.fQ Q) G G N } Q } Q 0 LL 0 Z_ Z W CL O 0 co F z J O ZOZ,, ?a z J z z 0 Q,, U `aa 0 U', Q K, J4 U If Z J Z Z F tQQj',, O K', Q Z' O' U' K', U as a? z ' Z Z O Z' ZU z', d Z J f Z 'J O Q' Q U, ZU O, . F. N y 0 O O z. w lw lw 12 Z J O, U Z Z V J N ?n ?n ?n ?n ?n Q Q U Attachment number 2 Page 2 of 4 o? O O N W Z } No NoN Q Q? O O N } } N?_N LL 0 Z_ Z W CL O M O oz ???"? n? A?V wQ a o 0 0 0 Ui i„ z m 'e 6 2 o Z,,.. w ww ww o U, z z z z J U, O r W ?n W W w w w cp Hi r.? w w w O' U oo ca o 00 Z', U a N 0 5 = K F J) Q O r ? M ZU W',. Z J Orv ?Qn non n n . K.' ? w d' ? ? w w n z3 z3 z3 U M Y - z z z J o J U. y? J., n n n n n w w w w w w.? w w w o 0 0 0 O N 0 o u? o O O ? N 7 i F. n vi i I r? y r K J FIB r -. Z ? O Z ? N U J O U, w U as F - J ?? Z, n ?c ?c ?c r ii ? ?c N yiw ww .?r.? d' c' -' f 'I'I'I' I l I {I'I'f f f I. Q W W W Attachment number 2 Page 3 of 4 Attachment number 2 Page 4 of 4 Attachment number 3 Page 1 of 1 Pier 60 Causeway Blvd O ? WINDWARD P \60 ?a FIRST IV ST o_ 0 SECOND OF?O 'li?c ST DR ?DQ?9 THIRD ? ST w ? o 0 C, ? o SF' 0 BRIGHTWATER DR FIFTH S'r V) Z BAYSIDE Eq Ywq Y S BLVD ' BLVD L Project Location 0 0 0 CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT DRAWN ev LOCATION MAP owc. BJR 200706 3CS BI SOUTH GULFVIEW SHEET MM a RECONSTRUCTION PROJECT i of 1 DATE SCALE 5/24/2009 N.T.S. GRID ' 276A & 285A Item #oa a City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/18/2009 Approve a supplemental work order in the amount of $35,500.00 to Malcolm Pirnie (EOR) of Tampa, Florida, for additional project related post-design engineering services for the Marshall Street APCF Process Air System Upgrade Project (07-0003-UT) for a total cost of $133,500 for CEI services, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Marshall Street Advanced Pollution Control Facility (APCF) Process Air System Upgrade Project, currently under construction at the Marshall Street APCF located at 1605 Harbor Drive, Clearwater, Florida, was approved by the City of Clearwater on June 5, 2008. The project consists of replacing the existing blowers, header piping, and diffusers to reduce the operational limitations and increase both process and energy efficiency at the facility. The construction contract period is for 670 calendar days, which started in July 2008 and is scheduled to finish in May 2010. Included with the City of Clearwater approval of the Marshall Street APCF Process Air System Upgrade Project was a post-design engineering services workorder for Malcolm Pirnie in the amount of $98,000.00, which involved limited engineering assistance with onsite observations and interpretations, review of shop drawings, attending meetings, and providing startup services, record drawings and certifications for the City of Clearwater. Contract administration was to be completed by the City's Construction Services Department. Since the reduction of staff personnel is required in the Construction Services Department due to necessary budget cuts made by the City of Clearwater, additional post-design services are required for the remainder of the construction project. The requested $35,500.00 authorization for Malcolm Pirnie provides for those additional services during the construction period, including contract administration services. Sufficient budget and funding with 2009 Water and Sewer Revenue Bond proceeds is available in project 0376-96622, WWTP Aeration Improvements. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $35,500 Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: to Appropriation Code Amount Appropriation Comment 0376-96622-561300-535-000- $35,500 0000 Cover Memo Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Item # 28 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk Attachment number 1 Page 1 of 8 CITY OF CLEARWATER INDEPENDENT ENVIRONMENTAL ENGINEERING DEPARTMENT ENGINEERS, SCIENTISTS SUPPLEMENTAL WORKORDER AND CONSULTANTS FOR MALCOLM PIRNIE, INC. Malcolm Pirnie, Inc. 1300 East 81h Avenue Suite F100 Tampa, FL 33605 T: 813.248.6900 F: 813.248.8085 www.pirnie.com Date: May 19, 2009 Malcolm Pirnie Project Number: 5817-003 CITY Project Number: 07-0003-UT 1. PROJECT TITLE: MARSHALL STREET ADVANCED POLLUTION CONTROL FACILITY PROCESS AIR SYSTEM UPGRADE - POST-DESIGN ENGINEERING SERVICES 2. SCOPE OF SERVICES: Project Description: The Marshall Street Advanced Pollution Control Facility (APCF) is located at 1605 Harbor Drive, Clearwater, Florida and has been in operation since the 1930s. The facility has been expanded and upgraded over the years and is currently permitted as a Type I extended aeration activated sludge treatment plant that utilizes a Bardenpho process for biological nutrient and phosphorus removal. The facility is designed and permitted to treat 10.0 million gallons per day (MGD) of influent wastewater. The facility is currently treating approximately 5.5 MGD. The facility's aeration supply and distribution system consists of 3-600 horsepower centrifugal blowers, each rated for approximately 1,5000 scfm (only one blower operates at a time to feed the entire system under current flows) and a continuous piping system to supply air to every unit operation that requires air at the facility (13-aeration tanks with different depths, 4-re-aeration tanks, 2-dissolved oxygen boost tanks, chlorination tanks, and aeration tank and final settling tank influent channels). Design of the Process Air System Upgrade was completed in January 2008 and consists of the following specific improvements: 1. Replacement of the three (3) existing 600-hp process air blowers with three (3) new smaller process air blowers. 2. Replacement of the existing 42-inch process air header located in the existing Control Building with a new overhead process air header connecting to the existing process air header located adjacent to the re-aeration tanks. 3. Replacement of the existing diffusers with Sanitaire Silver Series membrane diffusers. 4. Structural, Electrical, and Instrumentation and Controls modifications to support the upgrade. Malcolm Pirnie is currently performing post-design engineering services for this project in the form of shop drawings review, response to Contractor requests for information, site visits and meetings, and limited startup assistance. The CITY of Clearwater (CITY) has requested the provision of additional post-design engineering services beginning in June 2009 and running through the end of the project (currently anticipated July 2010). - 1 - Item # 28 Attachment number 1 Page 2 of 8 General: Malcolm Pirnie shall furnish additional professional engineering services during construction for the upgrade of the process air system at the Marshall Street APCF. Such required services shall include project management, additional shop drawing review, additional response to request for information, schedule review, change order review, requests for proposals, pre-final and final inspection, and administration of project meetings. Task 1 - Project Management Services The project management services described under this task shall cover the entire Construction Administrative period which is estimated as 12 months. 1.1 General Project Management Services: The effort included in General Project Management Services is estimated based upon the tasks of this Scope of Services. Project Management effort includes project staffing, budget and schedule management. The services included under this and the tasks listed below shall cover the additional post-design engineering Services. These services for project staffing, budget and schedule management are included in March 08, 2008 Work Order for Post-Design Engineering Services. 1.2 Monthly Status Reports: Not Included. 1.3 Monthly Status Meetings: Not Included Task 2 - Preliminary Activities and Services - Not Included Task 3 - Design Phase Services - Not Included Task 4 - Permitting - Not Included Task 5 - Bidding Assistance - Not Included Task 6 - Post-Design Engineering Services during Construction Malcolm Pirnie shall provide additional post-design engineering services to include the following: 6.1 Additional Shop Drawing Review: Upon approval by the Owner's Representative, Malcolm Pimie shall receive and review additional CONTRACTOR submittals in a timely manner. Malcolm Pimie's review shall be for conformance with the design concept and contract requirements. Malcolm Pimie shall prepare and maintain a log of submittals to include submittal number, subject, date received, reviewer, action taken and date returned. Malcolm Pimie shall review or take other appropriate action with respect to material and equipment submittals, shop drawings, samples and other data that the CONTRACTOR is required to submit. Such reviews or other action shall not extend to means, methods, techniques, sequences, or procedures of construction or safety program of the CONTRACTOR. If during the shop drawing process, the CONTRACTOR requests substitute materials and/or equipment, Malcolm Pimie shall provide a recommendation on the submittal to the CITY'S Project Manager. The Contract Documents shall limit the number of re-submittals for a particularly submitted item to one (1) re-submittal. If -2- Item # 28 Attachment number 1 Page 3 of 8 additional re-submittals are required, submittals beyond the anticipated number or the effort exceed the estimated effort, the cost of Malcolm Pirnie's review services shall be paid by the CITY. Malcolm Pirnie is assuming not more than five (5) additional shop drawings (not including re-submittals) submittals will be received for the remainder of the project. Malcolm Pirnie is assuming an average review will be six (6) hours per submittal (30 hours max). 6.2 Respond to Additional CONTRACTOR RFIs: Upon approval by the Owner's Representative, Malcolm Pirnie shall receive and respond to additional CONTRACTOR RFIs or requests for clarification of the contract documents or design intent. Malcolm Pirnie shall interpret the meaning of the contract documents and shall provide any required clarifications or explanations of the design intent and requirements. Malcolm Pirnie shall also prepare and maintain a log of all such received requests, noting the date received, subject, resolution and date response was returned to the CONTRACTOR. All such reviews and replies shall be in writing and shall be done expeditiously. Malcolm Pirnie estimates not more than five (5) additional RFIs will be submitted by the CONTRACTOR for the remainder of the project, requiring an estimated average of six (6) hours per RFI (30 hours max) to review and respond. Any effort related to the number of RFI's in excess of these estimates or above the anticipated level of effort shall be paid by the CITY. 6.3 Not Included 6.4 Change Order Review: Malcolm Pirnie shall perform the following tasks as necessary: 6.4.1 Malcolm Pirnie shall consult with the CITY and if necessary recommend modifications to the CONTRACT DOCUMENTS when such revisions are required due to CITY request, design conflicts, or unanticipated site conditions are encountered. 6.4.2 Malcolm Pirnie shall prepare sketches as required to resolve differing conditions encountered. Malcolm Pirnie shall transmit to the CONTRACTOR written clarification and interpretations of the drawings and specifications not affecting time and/or contract price. If required, Malcolm Pirnie shall furnish within a reasonable time, in writing, additional instructions by means of drawings or otherwise as required for the proper execution of the work. 6.4.3 Malcolm Pirnie shall evaluate actual field conditions as reported by the CONTRACTOR. Malcolm Pirnie's evaluation shall seek to establish whether a change in the work is required to accommodate existing conditions. Malcolm Pirnie shall make recommendations to the CITY in writing at the conclusion of the evaluation 6.4.4 Malcolm Pirnie shall respond in writing, within a reasonable time, on all claims by the CITY or the CONTRACTOR related to performance of the work. Malcolm Pirnie estimates two (2) change orders for the project. Malcolm Pirnie estimates an average preparation, redesign, review, and processing effort of 8 hours per change order for the project (16 hours max). Change orders in excess of the number stipulated above will be paid for through the Owner's Allowance. -3- Item # 28 Attachment number 1 Page 4 of 8 6.5 Requests for Proposal (RFPs): Malcolm Pirnie shall record the receipt of each change proposal. Malcolm Pirnie shall assist the CITY in negotiations with the CONTRACTOR regarding the scope and cost of any necessary contract changes. This includes required construction sketches; diagrams, cost estimates, and such other items as may be required and submit them to the CITY for approval. Malcolm Pirnie shall advise the CITY if cost and time estimates as submitted by the CONTRACTOR are fair and reasonable. Malcolm Pirnie shall prepare change order documents, obtain necessary signatures, and provide the documents to the CITY. Malcolm Pirnie estimates two (2) change proposals for this project. Malcolm Pirnie estimates an average preparation, redesign, review, and processing effort of 8 hours per change proposal (16 hours max). RFPs in excess of the number stipulated above will be paid for through the Owner's Allowance. 6.6 Pre-Final and Final Inspection: Malcolm Pirnie shall conduct one pre-final site inspection to determine if each project is substantially complete. The inspection shall result in the preparation of a Malcolm Pirnie punch list for incorporation with the CONTRACTOR list for final completion. Malcolm Pirnie shall conduct one final inspection to determine if the work has been completed in accordance with the Contract Documents and the punch list. Subsequent to an acceptable final inspection, Malcolm Pirnie shall recommend, in writing, final payment to the CONTRACTOR and give written notice to the CITY and CONTRACTOR that the work is acceptable subject to any expressed conditions. Any additional effort related to conducting more than the two (2) inspections outlined in this task will be paid for through the Owner's Allowance. 6.7 Project Meetings: Malcolm Pirnie shall administer twelve (12) monthly progress meetings with the CONTRACTOR and the CITY to review project status including work progress, schedule, submittals, change orders, and RFIs, which the meetings will be held at either the City's Public Works Administration Office or on the project site. Minutes of the meeting will be prepared and distributed via e-mail by MP to all attendees and other stakeholders. Each meeting shall be an estimated average of four (4) hours per meeting and one (1) hour for preparation of meeting minutes (60 hours max). Task 7 - Startup Services - Not Included Task 8 - Owner's Allowance for Additional Engineering Services The CITY recognizes that, due to the complexity of retrofitting an existing facility, some additional post-design engineering efforts may be required to complete this project that cannot be currently anticipated. An Owner's Allowance for Additional Post-Design Engineering Services is hereby established to provide for any additional engineering services necessary to complete this project. These monies may be released only upon written approval of the CITY'S PROJECT MANAGER after determination that such expenditure is in the CITY'S best long term financial interest or required to properly complete the project due to additional efforts required related to design issues that could not have been previously known. Any such monies remaining at the completion of the project will be returned to the CITY 4 - Item # 28 Attachment number 1 Page 5 of 8 Task No. 9 - ASSUMPTIONS The following text describes the assumptions made in the creation of this scope of services and the estimated engineering services fee for this project. Should the work of the project exceed these assumptions, Malcolm Pirnie may request additional fee from the CITY. Assumptions include: The (remaining) construction duration is anticipated to be 12 months. Task No. 10- BUDGET: The post design services will be billed on the "Actual Cost Method" in accordance with the Engineer of Record Contract. Attached is Table A that depicts the total cost. This price includes all labor and expenses anticipated to be incurred by Malcolm Pirnie for the completion of these tasks, at a not to exceed fee totaling Thirty Five Thousand Five Hundred Dollars ($35,500). The tasks are broken down as follows: Construction Administration Services, etc. $25,500 Owner's Allowance $10,000 Total =$35,500 Task No. 12 - SCHEDULE: PROJECT SCHEDULE - MARSHALL STREET APCF AERATION PROCESS AIR SYSTEM UPGRADE Milestone Date Due from NTP Construction (Remaining) 365 Calendar Days 13. STAFF ASSIGNMENT (Malcolm Pirnie): Edward Balchon - Vice President/Officer-in-Charge Carlton Serrette - Project Manager Timothy Wodzinski - Construction Manager Aubrey Haudricourt - Senior Engineer Justin Minadeo - Senior Engineer Ifetayo Venner - Senior Engineer Andrew Coleman - Construction Engineer Joshua Coppola - Senior Designer Patricia Stewart - Administrative Judy Ford - Fiscal Accounting s - Item # 28 Attachment number 1 Page 6 of 8 14. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Mr. Carlton Serrette, PE. All CITY project correspondence shall be directed to Mr. Robert Mane, PE Project Manager with copies to Mr. Rob Fahey, Utilities Engineering Manager. 15. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the CITY of Clearwater, Attn: Veronica Josef, Sr Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices shall be prepared monthly according to billing methods as described in the annual contract between Malcolm Pirnie and the CITY of Clearwater. Contingency services will be billed as incurred only after written authorization provided by the CITY to proceed with those services. CITY Invoicing Code: 0376-96622-561300-535-000-0000 16. ENGINEER CERTIFICATION: Malcolm Pirnie shall certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471 (481), that the above project's construction plans meet or exceed all applicable design criteria specified by CITY municipal ordinance, State, and Federal established standards. We understand that it is our responsibility as the project's Professional Engineer to perform a quality assurance review of these submitted plans to ensure that such plans are free from errors and/or omissions. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents, which we may subsequently tender. 17. SPECIAL CONSIDERATIONS: N/A PREPARED BY: Edward Balchon, PE Vice President Malcolm Pirnie, Inc. APPROVED BY: Michael D. Quillen, PE CITY Engineer CITY of Clearwater Date Date -6- Item # 28 Attachment number 1 Page 7 of 8 Clearwater PUBLIC WORKS ADMINISTRATION WORK ORDER INITIATION FORM Attachment "A" CITY DELIVERABLES FORMAT The design or survey plans shall be compiled utilizing one of the following two methods. 1. CITY of Clearwater CAD standards. 2. Pinellas CITY CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by CITY of Clearwater Engineering/Geographic Technology Division. An AutoCAD LandDesktop 3.0 or later drawing file with all dependent files shall be submitted. NOTE: If approved deviation from Clearwater or Pinellas CITY CAD standards are used Malcolm Pirnie shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address tom.mahony@Myclearwater.com ? All electronic files must be delivered upon completion of project or with 100% plan submittal to CITY of Clearwater. -7- Item # 28 V 1 A d 1 L is 1 1' O . v .C C x X L1J Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl E CO N ' O ' O ' O O Il- = I?t N Il- h I Oi C' C' C \L O O co O co C'7 N N C'7 CY) LO Lc) ?U N N 0 Gq Gq ? ? ? ? ? QG. 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O . v .C C x X w Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl E CO N ' O ' O ' O O Il- = I?t N Il- h I Oi C' C' C \L O O co O co C'7 N N C'7 CY) LO Lf) ?U N N 0 Gq Gq ? ? ? ? ? QG. O O O O O O O O 0 0 0 C9 C9 O O O N O O N N co co N C9 ? r- O 2 O O O O O CO CO CO O C.O In N O C.O LO O C) 6 M O L O Li QG, QG- Q U O O O O O O 00 _ O O Efl L O U _ p O C L CL E!} U) U Z O O O O O O O O O 00 C) L O (fl O V) CN C) T Ch O C) CL co QGI U) = Efl C O O O O O O O C.O O O O ? Cfl U O ) U ii Q LL Ch O Cfl O O O O O O O 0 0 0 _ L O Ln O Cfl U N co L C7 O U) QGI r C C O U w C) O O O O O O O O O N O - Y O Vfl U O L U) C C'7 CO L p? N O C.O p Cfl O U O O O O CO O O CD CD O CD O N N O Nt I- L L N L N C'7 O I- O N N C9 C ? ? co ) ( > Efl Efl L U i O O O It Nt 00 O O C.O CD 0 CV Cl) L O 0 O N O O CD C'7 C . (A). (A). U) 7 = W co 2 L O CD O O Nt O OO co O O LO v N N N O Nt Il- N c O ao N O O J C.O Cb Ln co N Efl Efl } O O O O O O co O L) O O O Cfl ? v CN CD N (0 co > U) N Q) C U a) _U • ?1 L ? a) i N U) fn U U U) O ? ? O _ Y O N Y T) c -t CUI VI, c ?' LL m 0 -- rn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/18/2009 Approve filing a third-party complaint against general contractor Westra Construction Corp. in Divaco, Inc. v. City of Clearwater, Case: 07-2045-CI-15, and authorize an action against same to seek indemnification for damages and costs arising out of ongoing litigation matter. (consent) SUMMARY: There is an ongoing lawsuit between Divaco, Inc. (owners of the Hi-Seas Motel), and the City of Clearwater (Case: 07-2045-CI- 15) wherein Divaco has sued the City for several counts of inverse condemnation as a result of the Coronado Drive Improvement portion of the Beach Walk construction project ('project'). Council has previously granted permission to file a third-party complaint for damages, costs and/or indemnification in that action against Beach Walk contractor Post, Buckley, Schuh & Jernigan, Inc., relating to the design, construction, inspection and engineering of said project. During the discovery portion of this ongoing suit, sworn testimony has recently confirmed that employees and/or agents of Westra Construction Corp., construction contractor of the Coronado Drive portion of the project, may have breached its contract with the City for construction of certain Coronado Drive Improvements. Of particular interest to the City, is the alleged placement of asphalt onto the Hi-Seas motel property by employees and/or agents of Westra Construction Corp. without permission from either the property owner(s) or the City of Clearwater. Staff recommends that Westra Construction Corp. be sued as a third-party defendant in the Divaco case so contribution and/or indemnification may be sought within the context of the ongoing Divaco case. It should be noted that the final decision on the City's ability to file this third-party suit is subject to the court's review and approval of outside counsel's Motion for Leave to File Suit. The suit will be pursued in-house to the greatest extent possible, unless it becomes apparent that outside counsel is necessary for reasons of subject-matter expertise. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $425.00 10/01/08 to 09/30/09 Budget Adjustment: None Annual Operating Cost: Total Cost: $425.00 Appropriation Code 0315-92267-561200-541- 000-0000 Amount Appropriation Comment $425.00 Bid Required?: No Other Bid / Contract: Bid Number: Bid Exceptions: None Cover Memo Item # 29 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk ?- Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend the City's fiscal year 2008/09 Operating and Capital Improvement Budgets at Mid Year and pass Ordinances 8077-09 and 8078-09 on first reading. SUMMARY: The Fiscal year 2008/09 Operating and Capital Improvement Budgets were adopted in September 2008 by Ordinances 8005-08 and 8006-08. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. The memorandum and the accompanying report provide this information and outlines the issues at Mid Year that require amendment. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 30 Attachment number 1 Page 1 of 3 Mid Year Budget Review Fiscal 2008-09 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Jill Silverboard, Assistant City Manager Rod Irwin, Assistant City Manager Department Directors SUBJECT: Mid Year Budget Review - Amended City Manager's Annual Budget Report DATE: June 5, 2009 Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances. The report is based on six months of activity (October, 2008 through March, 2009) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenues and expenditure amendments reflect a net increase of $1,015,229. The major reason for the overall General Fund expenditure increase includes the appropriation of General Fund retained earnings of $2,111,000 at mid year to include the following items: $200,000 to fund the Carpenter Complex Clubhouse Renovations and $1,911,000 to cover the cost of retirement incentive packages. All of these amendments have been previously approved by the City Council. Operating revenues reflect a net budget decrease of over $853,000 at mid year, primarily in the categories of sales tax, state revenue sharing and building permit fees. Revenue increases in communication tax and reductions in General Fund Department operating budgets offset the decrease in anticipated revenues for the fiscal year. General Fund Reserves - In order to ensure adequate reserves, the City Council's policy reflects that General Fund unappropriated retained earnings of 8.5% of the City's budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2008 books, and the allocation of reserves noted above, estimated General Fund reserves at mid year are approximately $12.9 million, or 10.7% of the current year's General Fund budget, exceeding our reserve policy by $2.6 million. Significant amendments to other City Operating Funds are noted as follows. Item # 30 Attachment number 1 Page 2 of 3 Mid Year Budget Review Fiscal 2008-09 City Manager's Transmittal Water and Sewer Fund Mid year amendments to the Water and Sewer Fund reflect a net decrease of $708,000 of which $831,000 represents savings in personnel costs and other numerous line items to offset anticipated revenue decreases in annual receipts. In addition, $123,000 of Water and Sewer reserves is allocated to pay for the cost of the retirement packages for Water and Sewer employees, as approved by the City Council in May. Gas Fund Budget amendments to the Gas reflect a net decrease of $405,530 of which $592,530 represents savings in personnel costs due to a departmental reorganization, as well as other line item savings. In addition, $187,000 of Gas Fund reserves is allocated to pay for the cost of the retirement packages for Gas employees, as approved by the City Council in May. Stormwater Fund At mid year, the Stormwater operating budget reflects an increase of $52,428 of Stormwater retained earnings. Of this amount, $5,428 represents excess cash in the debt service funds representing interest earnings in the bond construction funds, and $47,000 is allocated to pay for the cost of the retirement packages for Stormwater employees, as approved by the City Council in May. Solid Waste Fund Budget amendments to the Solid Waste Fund reflect a net decrease of $325,770 of which $376,770 represents savings in numerous line items to offset revenue losses in commercial and roll-off services. In addition, $51,000 of Solid Waste reserves is allocated to pay for the cost of the retirement packages for Solid Waste employees, as approved by the City Council in May. Recycling Fund At mid year, the Recycling operating revenues are estimated to decrease by $542,900 due to the historic drop in market prices. Although operating expenditures will be reduced by$284,080 at mid year through salary savings, garage charges, and other line items, this will still necessitate the allocation of $258,671 of Recycling unappropriated reserves to bring the fund in balance for the year. Marine Fund Mid year expenditure amendments in the Marine Fund reflect a net decrease of $144,260 to offset the loss of revenues anticipated for the fiscal year due to the slow economy. General Services Fund At mid year, $95,000 of General Services Fund reserves are allocated to pay for the cost of the retirement packages for General Services Fund employees, as approved by the City Council in May. Administrative Services Fund At mid year, $135,000 of Administrative Services Fund reserves are allocated to pay for the cost of the retirement packages for Administrative Services Fund employees, as approved by the City Council in May. Item # 30 Attachment number 1 Page 3 of 3 Mid Year Budget Review Fiscal 2008-09 City Manager's Transmittal Garage Fund Mid year amendments reflect savings in Garage fund expenditures of $1,799,600 primarily due to the reduction in gas charges since the 2008/09 budget was adopted. These savings are passed on to the operating departments and Garage Fund revenues will be adjusted accordingly. In addition, $51,000 of Garage Fund reserves are allocated to pay for the cost of the retirement packages for Garage Fund employees, as approved by the City Council in May. Central Insurance Fund At mid year, Central Insurance Fund reserves are allocated in the amount of $1 million to fund emergency operations in preparation of the 2009 hurricane season, and $8,250,000 will provide funding for the construction of the Downtown Boat Slips. Both amendments have been previously approved by the City Council Capital Improvement Fund Mid year amendments to the Capital Improvement Fund reflect an increase of $3,819,084. Major project amendments include the Central Insurance reserves funding of the Downtown Boat Slip construction project in the amount of $8,250,000 and project decreases totaling over $13 million to restructure stormwater capital projects and eliminate planned bond funding. A list of capital improvement project budget amendments that have been previously approved by the City Council is included on page 19 of this report. Project budget increases not previously approved by the Council are also summarized on page 19. Special Program Fund The Special Program Fund reflects a net budget increase of $4,229,653 at mid year. Amendments include an increase of $1 million from the Central Insurance to fund the Emergency Operation project in preparation of the 2009 hurricane season and $2.6 million from the undesignated reserves of various operating funds to cover the cost of retirement incentive packages. Other significant amendments include $184,730 for the special events and sponsorships programs in the last three months, $206,423 from police fines and court proceeds to support public safety programs and $105,252 in revenues for police outside duty contractual services. Item # 30 Attachment number 2 Page 1 of 1 CITY OF CLEARWATER MID YEAR SUMMARY 2008/09 FY 08/09 First Adopted Quarter Mid Year Mid Year Mid Year Amended Description Budget Amended Projected Actual Variance % Adjustment Budget General Fund: Revenues 121,099,930 121,851,043 71,970,958 70,490,778 (1,480,180) -2% 1,015,229 122,866,272 Expenditures 121,099,930 121,851,043 68,520,983 64,794,857 3,726,126 5% 1,015,229 122,866,272 Utility Funds: Water & Sewer Fund Revenues 60,609,860 60,609,860 29,256,744 27,484,505 (1,772,239) -6% (708,000) 59,901,860 Expenditures 60,609,860 60,609,860 33,489,689 31,369,394 2,120,295 6% (708,000) 59,901,860 Stormwater Fund Revenues 13,800,460 13,825,878 6,863,174 6,885,228 22,054 0% 52,428 13,878,305 Expenditures 13,800,460 13,825,878 8,692,369 8,239,636 452,733 5% 52,428 13,878,305 Gas Fund Revenues 45,228,140 45,286,710 21,814,088 22,726,738 912,650 4% (218,000) 45,068,710 Expenditures 38,534,500 38,534,500 18,850,853 18,294,179 556,674 3% (405,530) 38,128,970 Solid Waste Fund Revenues 18,751,250 18,704,250 9,328,626 9,391,145 62,519 1% (149,000) 18,555,250 Expenditures 18,735,750 18,688,750 9,761,206 8,544,328 1,216,878 12% (325,770) 18,362,980 Recycling Fund Revenues 3,210,950 3,027,089 1,432,733 1,288,573 (144,160) -10% (284,229) 2,742,860 Expenditures 3,210,940 3,026,940 1,472,801 1,354,479 118,322 8% (284,080) 2,742,860 Enterprise Funds: Marine Fund Revenues 5,351,090 5,148,090 2,452,894 1,746,849 (706,045) -29% (69,300) 5,078,790 Expenditures 5,348,430 5,052,230 2,550,299 1,873,120 677,179 27% (144,260) 4,907,970 Airpark Fund Revenues 242,000 239,000 117,996 106,792 (11,204) -9% 0 239,000 Expenditures 206,310 201,010 104,657 95,681 8,976 9% 20,000 221,010 Parking Fund Revenues 4,823,470 5,384,590 2,732,190 2,304,546 (427,644) -16% 0 5,384,590 Expenditures 3,963,380 4,242,800 2,363,477 1,771,534 591,943 25% 0 4,242,800 Harborview Center Revenues 725,170 725,170 532,668 599,839 67,171 13% 0 725,170 Expenditures 725,170 725,170 412,588 529,312 (116,724) -28% 0 725,170 Internal Service Funds: General Services Fund Revenues 5,247,910 5,247,910 2,623,954 2,625,731 1,777 0% 95,000 5,342,910 Expenditures 5,247,910 5,247,910 2,740,091 2,538,939 201,152 7% 95,000 5,342,910 Administrative Services Revenues 9,714,930 9,714,930 4,857,464 4,990,739 133,275 3% 135,000 9,849,930 Expenditures 9,693,080 9,693,080 5,184,898 4,550,359 634,539 12% 135,000 9,828,080 Garage Fund Revenues 13,853,580 13,853,580 6,936,788 6,083,639 (853,149) -12% (1,748,600) 12,104,980 Expenditures 13,853,580 13,853,580 7,094,281 5,892,283 1,201,998 17% (1,748,600) 12,104,980 Central Insurance Fund Revenues 20,069,910 21,992,835 12,034,511 11,472,753 (561,758) -5% 9,250,000 31,242,835 Expenditures 18,714,690 20,637,615 11,306,819 9,484,516 1,822,303 16% 9,250,000 29,887,615 Item # 30 Attachment number 3 Page 1 of 2 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2008-09 REPORT General Fund Operating Budget ................. Utility Funds Operating Budget ................... Other Enterprise Funds Operating Budgets Internal Service Funds Operating Budgets. Capital Improvement Program Budget ....... Special Program Fund Budget .................... Special Development Funds ....................... Administrative Change Orders .................... Ordinances .................................................. Mid Year budgets were projected in the following manner: PAGE # 3 8 ..... 12 ......15 ......19 ...... 35 ...... 41 ...... 44 ...... 45 All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents six months, October 1, 2008 through March 31, 2009. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2009. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 18, 2008. Mid Year Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Mid Year Actual Self-explanatory. Variance Difference between Mid Year projected and Mid Year actual. Variance % % of variance to Mid Year projection. Adjustments Adjustments that have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed based on Mid Year review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. Item # 30 Attachment number 3 Page 2 of 2 Capital Improvement Projects The amended 2008/09 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions: Budget The budget as of October 1, 2008, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the Mid Year review. Revised Budget Adding columns one and two. Expenditure Self-explanatory. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Item # 30 Attachment number 4 Page 1 of 2 City of Clearwater General Fund Revenues Mid Year Amendments FY 2008/09 Licenses & Permits Intergovernmental Sales Tax Communications Tax Other Intergovernmental Charges for Service Fines & Forfeitures Miscellaneous Interfund Charges/Transfers In Increase/(Decrease) Description Building permit revenue for the seven month period ending April 30th is approximately 28% less than last year's receipts for the same period, and 30% less than budgeted. The budget amendment reflects a $692,500 decrease in permit revenue due to the slowing of new (692,500) construction and the decline in the economy. Sales tax revenue for the seven month period ending April 30th is approximately 9% less than last year's receipts for the same period, and 9% less than budgeted for the same period. The budget amendment reflects a $525,000 decrease in estimated annual (525,000) receipts due to the slowing economy. Telecommunication tax revenue estimates reflect an increase of $383,000 representing a reimbursement for receipts from prior fiscal years, as well as an increase of $195,500 in estimated receipts for the current fiscal 578,500 year. State revenue sharing estimates reflect an anticipated decrease of $250,000 based upon new recent information provided by the Department of Revenue (250,000) reducing their earlier estimates for fiscal year 2008/09. Revenue reductions of $47,506 represent the following: 1) $16,980 for additional summer camp revenue offsetting program expenditure increases in Parks and Recreation; 2) $5,514 for the reimbursement of SRO overtime offsetting program expenditure increases in Police. 3) A reduction of $70,000 in Parks and Recreation revenues for non-resident fees and (47,506) contractual revenues. Court fine revenues are down approximately 24% from anticipated budget at mid year. A reduction in (120,000) annual receipts is estimated at $120,000. The revenue amendments of $19,678 reflecting the reimbursement of overtime supporting the U. S. Immigrations and Customs Enforcement program and $4,347 reflecting the reimbursement of overtime supporting the Drug Enforcement Agency offset 24,025 program expenditure increases in Police. Budget amendments at mid year reflect an increase of $179,250 in the computed annual gas dividend payment 179,250 to the General Fund. Item # 30 Attachment number 4 Page 2 of 2 City of Clearwater General Fund Revenues Mid Year Amendments FY 2008/09 Increase/(Decrease) Description Transfer (to) from Surplus Net Transfer ( to) from Retained Earnings 1,868,460 Net General Fund Revenue Amendment 1,015,229 1) A transfer of $200,000 from retained earnings for project 315-93606, Carpenter Complex Clubhouse Renovations, as approved by the Council on March 19, 200,000 2009. 2) A transfer of $1,911,000 from retained earnings for project 181-99874, Retirement Incentive Program to cover the cost of retirement incentive packages as 1,911,000 approved by the City Council on May 21, 2009. 3) Decreases in operating department expenditures allows for a net reduction to the use of General Fund reserves of $242,540 bringing the General Fund in (242,540) balance at midyear. Item # 30 Attachment number 5 Page 1 of 2 City of Clearwater General Fund Expenditures Mid Year Amendments FY 2008/09 Increase/ (Decrease) Description The Development Services budget reflects operating savings Development & of $100,000 due to savings in the use of outside inspection Neighborhood Services (100,000) services. The budget amendment recognizes operating savings in the Economic Development Department due to staff vacancies as Economic Development a result of the hiring freeze, as well as operating savings in & Housing Services (20,000) other department line items. The budget amendment recognizes operating savings in the Finance Department due to staff vacancies as a result of the hiring freeze, as well as operating savings in other department Finance (62,430) line items. Mid year amendments for the Fire Department reflect a net reduction of $250,000, details are as follows: 1) Decrease in budgeted salary expenditures of $101,710 due to the elimination of one vacant Division Chief - Support position. 2) EMS Professional Liability Insurance bill came in under budget, returning a savings of $64,620 to the General Fund. 3) Other various operating cost codes are being reduced by a total of $50,000 due to the current economy. 4) The Traffic Pre-Emption CIP is being cancelled, returning budgeted lease purchase of $22,340 to the General Fund. 5) Medical insurance costs are under budget due to department Fire (250,000) vacancies, returning $11,330 to the General Fund. The budget amendment recognizes operating savings in the Human Resource Department due to staff vacancies as a result of the hiring freeze, as well as operating savings in other Human Resources (85,000) department line items. To recognize operating savings in the Office of Management Office of Management and Budget due to staff turnover, as well as operating savings and Budget (27,400) in other department line items. To recognize operating savings in the Official Records and Official Records and Legislative Services department due to staff turnover, as well Legislative Services (50,000) as operating savings in other department line items. Item # 30 Attachment number 5 Page 2 of 2 City of Clearwater General Fund Expenditures Mid Year Amendments FY 2008/09 Increase/ (Decrease) Description Mid year expenditure amendments for the Parks & Recreation department reflect 1) an increase in expenditures of $16,980 primarily due to an additional week of summer camp. A revenue amendment reflecting increased summer camp revenues will offset this cost increase; 2) a decrease in overall department operating expenditures of $400,000 representing savings due to staff vacancies, garage service charges, and Parks & Recreation (383,020) other numerous line items. The budget amendment recognizes operating savings in the Finance Department due to staff vacancies and the related Planning (60,000) hiring freeze. Mid year expenditure amendments reflect an increase to overtime by $29,539.04 which are offset by revenue amendments recognizing the reimbursements received for overtime for SRO's, overtime from ICE (The Department of Treasury) and overtime from DEA (US Department of Justice, Police 29,539 Drug Enforcement Agency). The budget amendment recognizes operating savings in the Public Communications Department due to staff vacancies and Public Communications (30,000) the related hiring freeze. Non-Departmental A mid year budget amendment to the Non-Departmental program reflects a decrease of $57,460 representing debt (57,460) savings on bonded debt. Mid Year budget amendments to the Non-Departmental program reflect City Council approved interfund transfers of $2,111,000 to Capital Improvement and Special Program 2,111,000 projects, as follows: 1) A transfer of $200,000 of General Fund unappropriated retained earnings for project 315-93606, Carpenter Complex Clubhouse Renovations, was approved by the Council on March 19, 2009 to provide the balance of funding needed for the project. 2) A transfer of $1,911,000 of General Fund unappropriated retained earnings is provided to the Special Program project 181-99874, Retirement Incentive Program to cover the cost of retirement incentive packages as approved by the City Council on May 21, 2009. 2,053,540 Net General Fund Expenditure Amendment 1,015,229 6 Item # 30 Attachment number 6 Page 1 of 1 GENERALFUND MID YEAR REVIEW For Six Month Period of October 1, 2008- March 31, 2009 2008/09 2008/09 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget GENERALFUND GENERAL FUND REVENUES Property Taxes 43,461,390 37,600,000 37,861,152 261,152 1 % 0 43,461,390 Franchise Fees 9,819,270 4,141,298 3,985,648 (155,650) -4% 0 9,819,270 Utility Taxes 12,030,350 5,259,054 4,950,034 (309,020) -6% 0 12,030,350 Licenses, Permits & Fees 4,242,500 1,958,250 1,630,427 (327,823) -17% (692,500) 3,550,000 Intergovernmental Sales Tax 5,800,000 2,416,665 1,783,496 (633,169) -26% (525,000) 5,275,000 Communications Services Tax 6,286,500 2,619,375 2,649,349 29,974 1 % 578,500 6,865,000 Other Intergovernmental 12,357,120 5,418,898 5,299,317 (119,581) -2% (250,000) 12,107,120 Charges for Services 4,236,864 1,849,350 1,502,575 (346,775) -19% (47,506) 4,189,358 Fines & Forfeitures 902,300 436,569 334,135 (102,434) -23% (120,000) 782,300 Interest Income 1,364,000 682,000 584,024 (97,976) -14% 0 1,364,000 Miscellaneous Revenues 943,839 423,679 465,932 42,253 10% 24,025 967,864 Interfund Charges / Transfers In 17,888,364 9,165,820 9,444,689 278,869 3% 179,250 18,067,614 OPERATING REVENUES 119,332,497 71,9709958 7094909778 (194809180) -2% (8539231) 11894799266 Transfer (to) from Surplus 2,518,546 0 0 0 - 1,868,460 4,387,006 TOTAL REVENUES 12198519043 7199709958 7094909778 (194809180) -2% 190159229 12298669272 GENERAL FUND EXPENDITURES City Council 288,166 159,809 133,102 26,707 17% 0 288,166 City Manager's Office 1,150,010 580,012 616,249 (36,237) -6% 0 1,150,010 City Attorney's Office 1,667,759 841,581 688,295 153,286 18% 0 1,667,759 City Auditor's Office 173,417 93,800 94,131 (331) 0% 0 173,417 Development & Neighborhood Sv 4,091,585 2,186,262 2,074,394 111,868 5% (100,000) 3,991,585 Economic Development & Housin 1,382,084 698,367 809,632 (111,265) -16% (20,000) 1,362,084 Engineering 7,258,453 3,901,540 3,491,005 410,535 11% 0 7,258,453 Equity Services 279,539 137,561 129,256 8,305 6% 0 279,539 Finance 2,242,631 1,187,047 1,163,913 23,134 2% (62,430) 2,180,201 Fire 21,495,414 11,920,901 11,147,141 773,760 6% (250,000) 21,245,414 Human Resources 1,204,602 628,291 530,043 98,248 16% (85,000) 1,119,602 Library 6,048,708 3,518,268 3,464,676 53,592 2% 0 6,048,708 Marine & Aviation 1,239,348 652,382 603,489 48,893 7% 0 1,239,348 Non-Departmental 7,846,418 6,355,586 5,839,206 516,380 8% 2,053,540 9,899,958 Office of Management & Budget 294,337 159,223 139,652 19,571 12% (27,400) 266,937 Official Records & Legislative Svc 1,173,801 616,860 575,240 41,620 7% (50,000) 1,123,801 Parks & Recreation 21,152,322 11,534,143 10,304,411 1,229,732 11% (383,020) 20,769,302 Planning 1,418,617 756,313 673,210 83,103 11% (60,000) 1,358,617 Police 36,832,223 20,163,098 20,071,155 91,943 0% 29,539 36,861,762 Public Communications 1,079,313 560,699 504,220 56,479 10% (30,000) 1,049,313 Public Services 3,532,296 1,869,240 1,742,435 126,805 7% 0 3,532,296 TOTAL EXPENDITURES 121,851,043 68,520,983 64,794,857 3,726,126 5% 1,015,229 122,866,272 Item # 30 Attachment number 7 Page 1 of 2 City of Clearwater Utility Funds Mid Year Amendments FY 2008/09 Increase/ (Decrease) Description At mid year, anticipated revenues of the Water & Sewer Fund Water & Sewer Fund equal anticipated expenditures for FY 2008/09. Mid year revenue amendments reflect 1) a decrease of $831,000 in Water, Sewer and Reclaimed Revenue based on actual receipts due to the slowing economy; and 2) the allocation of $123,000 of Water and Sewer Fund reserves to cover the costs of retirement incentive packages as approved by the City Council on Revenues: (708,000) May 21, 2009. Expenditure amendments at mid year are in conjunction with the reduction in revenues. Budget decreases of $831,000 reflect savings in personnel costs and various operating expenses and are anticipated to offset the above revenue reductions. In addition, Water and Sewer Fund expenditure amendments reflect the transfer of $123,000 to Special Program project 181-99874 to cover the cost of retirement incentive packages as approved by the City Council on May 21, 2009. The net amendment to Water & Expenditures: (708,000) Sewer expenditures is a decrease of $708,000. At mid year, anticipated revenues of the Stormwater Fund equal Stormwater Fund anticipated expenditures for FY 2008/09. Mid year revenue amendments reflect 1) an increase of $5,427.69 of unappropriated retained earnings representing interest earnings on debt service funds, which are allocated to capital project 315-96124, Storm Pipe System Improvements as noted below; 2) the allocation of $47,000 of Stormwater Fund reserves to cover the costs of retirement incentive packages as Revenues: 52,428 approved by the City Council on May 21, 2009. Mid year expenditure amendments to the Stormwater Fund recognize 1) the appropriation of retained earnings to capital project 315-96124, Storm Pipe System Improvements in the amount of $5,427.69; and 2) the transfer of $47,000 to Special Program project 181-99874 to cover the cost of retirement incentive packages as approved by the City Council on May 21, Expenditures: 52,428 2009. At mid year, anticipated revenues of the Gas Fund exceed Gas Fund anticipated expenditures by $6,939,740 for FY 2008/09. Mid year amendments to Gas Fund revenues reflect a net decrease of $218,000 due to current economic conditions. The budget amendment reflects a decrease of $584,250 to operating revenues; an increase of $179,250 of undesignated reserves to fund the computed annual dividend payment to the General Fund; and an allocation of $187,000 of Gas Fund undesignated reserves to cover the costs of retirement incentive packages as approved Revenues: (218,000) by the City Council on May 21, 2009 Item # 30 Attachment number 7 Page 2 of 2 City of Clearwater Utility Funds Mid Year Amendments FY 2008/09 Increase/ (Decrease) Description Mid year amendments reflect a net decrease of $405,530 to Gas Fund expenditures. Budget decreases totaling $592,530 represent savings in personal service costs due to position eliminations and department reorganization, decreases in other operating expenses due to savings in fuel costs and various operating supplies and decreases in internal services for savings in garage service charges. These expense reductions offset anticipated decreases in operating revenues. In addition, Gas Fund expenditure amendments reflect the transfer of $187,000 to Special Program project 181-99874 to cover the cost of retirement incentive packages as approved by the City Council on May 21, Expenditures: (405,530) 2009. At mid year, anticipated revenues of the Solid Waste Fund exceed Solid Waste Fund anticipated expenditures by $ 192,270 for FY 2008/09. Mid year amendments reflect a decrease in the Solid Waste Collection Charge revenues of $200,000 to cover the expected fiscal year impact. The continued slowdown in construction and renovations has resulted in a reduction of revenue from roll-off and commercial operations. In addition, a second amendment reflects the allocation of $51,000 of Solid Waste Fund reserves to cover the costs of retirement incentive packages as approved by Revenues: (149,000) the City Council on May 21, 2009 Expenditure amendments at mid year are in conjunction with the revenue reductions. Operating budget decreases of $376,770 reflect savings in dump fee expense, fuel expense and salaries are used to offset the revenue decrease. In addition, Solid Waste Fund expenditure amendments reflect the transfer of $51,000 to Special Program project 181-99874 to cover the cost of retirement incentive packages as approved by the City Council on May 21, 2009. The net amendment to Solid Waste Expenditures: (325,770) expenditures is a decrease of $325,770. At mid year, anticipated revenues of the Recycling Fund equal Recycling Fund anticipated expenditures for FY 2008/09. Mid year amendments reflect a decrease in the Recycling revenues of $542,900 primarily due to a reduction in commercial recycling revenue. Market prices are still low since the historic drop during the first quarter of fiscal year 2008/09. This will necessitate the allocation of $258,671 in Recycling Fund reserves Revenues: (284,229) to offset expenditures for the year. Mid year amendments to the Recycling Fund reflect a net decrease of $284,080 primarily due to a significant decrease in purchases for resale due to the drop in market prices for recycling. Other line item savings including garage charges, salary savings and other miscellaneous line items are reduced to help offset the Expenditures (284,080) anticipated loss in revenues. Item # 30 Attachment number 8 Page 1 of 2 UTILITY FUNDS MID YEAR REVIEW For the Six Month Period of October 1, 2008 to March 31, 2009 2008/09 2008/09 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget WATER & SEWER FUND Water & Sewer Fund Revenues Operating Revenue 55,521,020 27,760,506 26,612,227 (1,148,279) 4% (831,000) 54,690,020 Non-Operating Revenue 2,772,160 1,386,084 674,004 (712,080) -51% 0 2,772,160 Contributions 220,310 110,154 198,274 88,120 80% 0 220,310 Transfers In - 0 0 0 - 0 - Use of Fund Equity 2,096,370 0 0 0 - 123,000 2,219,370 Total Revenues 60,609,860 29,256,744 27,484,505 (1,772,239) -6% (708,000) 59,901,860 Water & Sewer Fund Expenditures Public Utilities Administration 875,510 449,380 403,019 46,361 10% 123,000 998,510 Wastewater Collection 5,329,020 3,109,035 2,925,317 183,718 6% (110,000) 5,219,020 Public Utilities Maintenance 2,770,750 1,441,822 1,313,907 127,915 9% (52,180) 2,718,570 WPC / Plant Operations 11,454,490 6,112,877 5,809,504 303,373 5% (182,280) 11,272,210 WPC/Laboratory Operations 1,291,810 668,105 609,305 58,800 9% (69,880) 1,221,930 WPC / Industrial Pretreatment 785,560 407,549 353,503 54,046 13% 0 785,560 Water Distribution 11,478,335 7,916,555 7,741,541 175,014 2% (116,660) 11,361,675 Water Supply 12,768,995 6,416,649 5,734,090 682,559 11% (285,000) 12,483,995 Reclaimed Water 2,000,350 1,040,197 990,574 49,623 5% (15,000) 1,985,350 Non-Departmental 11,855,040 5,927,520 5,488,635 438,885 7% 0 11,855,040 Total Expenditures 60,609,860 33,489,689 31,369,394 2,120,295 6% (708,000) 59,901,860 STORMWATER FUND Stormwater Utility Revenues Operating Revenues 13,255,620 6,627,816 6,699,557 71,741 1% 0 13,255,620 Non-Operating Revenues 470,720 235,358 185,671 (49,687) -21% 0 470,720 Transfers In - 0 0 0 - 0 - Use of Fund Equity 99,538 0 0 0 - 52,428 151,965 Total Revenues 13,825,878 6,863,174 6,885,228 22,054 0% 52,428 13,878,305 Stormwater Utility Expenditures Stormwater Management 5,062,550 2,560,116 2,332,448 227,668 9% 0 5,062,550 Stormwater Maintenance 8,763,328 6,132,253 5,907,187 225,065 4% 52,428 8,815,755 Total Expenditures 13,825,878 8,692,369 8,239,636 452,733 5% 52,428 13,878,305 GAS FUND Gas Fund Revenues Operating Revenues 42,331,400 21,165,708 22,128,802 963,094 5% (543,250) 41,788,150 Non-Operating Revenues 846,740 423,380 486,359 62,979 15% 154,000 1,000,740 Transfers In - 0 0 0 - 0 - Capitalized Labor 450,000 225,000 111,577 (113,423) -50% (195,000) 255,000 Use of Fund Equity 1,658,570 0 0 0 - 366,250 2,024,820 Total Revenues 45,286,710 21,814,088 22,726,738 912,650 4% (218,000) 45,068,710 Gas Fund Expenditures Administration & Supply 28,637,810 12,945,582 12,789,989 155,593 1% (142,310) 28,495,500 South Area Gas Operations 4,181,420 2,336,245 2,304,112 32,133 1% 133,440 4,314,860 North Area Gas Operations 3,151,290 2,206,025 1,986,518 219,507 10% (198,040) 2,953,250 Marketing & Sales 2,563,980 1,363,001 1,213,560 149,441 11% (198,620) 2,365,360 Total Expenditures 38,534,500 18,850,853 18,294,179 556,674 3% (405,530) 38,128,970 10 Item # 30 Attachment number 8 Page 2 of 2 UTILITY FUNDS MID YEAR REVIEW For the Six Month Period of October 1, 2008 to March 31, 2009 2008/09 2008/09 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget SOLID WASTE FUND Solid Waste Revenues Operating Revenue 17,901,000 8,927,002 8,876,521 (50,481) -1% (200,000) 17,701,000 Non-Operating Revenue 561,300 280,646 393,646 113,000 40% 0 561,300 Transfers In 241,950 120,978 120,978 0 0% 0 241,950 Use of Fund Equity - 0 0 0 - 51,000 51,000 Total Revenues 18,704,250 9,328,626 9,391,145 62,519 1% (149,000) 18,555,250 Solid Waste Expenditures Collection 15,543,210 8,124,067 6,970,860 1,153,207 14% (305,780) 15,237,430 Transfer 1,381,380 722,200 646,414 75,786 10% (14,040) 1,367,340 Container Maintenance 747,070 392,708 378,812 13,896 4% (4,950) 742,120 Administration 1,017,090 522,231 548,243 (26,012) -5% (1,000) 1,016,090 Total Expenditures 18,688,750 9,761,206 8,544,328 1,216,878 12% (325,770) 18,362,980 RECYCLING FUND Recycling Revenues Operating Revenue 2,862,989 1,350,683 1,197,725 (152,958) -11% (542,900) 2,320,089 Non-Operating Revenue 164,100 82,050 90,848 8,798 11% 258,671 422,771 Total Revenues 3,027,089 1,432,733 1,288,573 (144,160) -10% (284,229) 2,742,860 Recycling Expenditures Residential 1,000,480 510,630 513,495 (2,865) -1% (27,390) 973,090 Multi-Family 503,580 259,000 245,330 13,670 5% (15,000) 488,580 Commercial 1,522,880 703,171 595,654 107,517 15% (241,690) 1,281,190 Total Expenditures 3,026,940 1,472,801 1,354,479 118,322 8% (284,080) 2,742,860 11 Item # 30 Attachment number 9 Page 1 of 1 City of Clearwater Other Enterprise Funds Mid Year Amendments FY 2008/09 Increase/ (Decrease) Description Anticipated revenues of the Marine Fund exceed anticipated Marina Fund expenditures by $ 170,820 at mid year FY 2008/09. Mid year revenue amendments reflect further decreases in anticipated slip rentals and other operating revenues due to the Revenues: (69,300) loss in rentals with the slowing economy. At mid year, expenditures are further reduced in numerous line items reflecting salary savings and other operating savings by $144,260 in order to compensate for the loss in revenues for Expenditures: (144,260) the Marine Fund for the year. Anticipated revenues of the Airpark Fund exceed anticipated Airpark Fund expenditures by $17,990 at mid year FY 2008/09. Revenues: No amendments are proposed at mid year. Airpark amendments reflect an increase of $20,000 in utility costs for stormwater fees reflecting the portion of the fees that are by split the contractor. This is a correction to the original Expenditures: 20,000 operating budget for the airpark. At mid year, anticipated revenues of the Parking Fund exceed anticipated expenditures by $1,141,790 for FY 2008/09. Parking Fund Revenues: No amendments are proposed at mid year. Expenditures: No amendments are proposed at mid year. Anticipated revenues of the Harborview Fund equal anticipated Harborview Fund expenditures at mid year FY 2008/09. Revenues: No amendments are proposed at mid year. No amendments are proposed at mid year. The 28% negative variance in operating expenditures is only a timing difference between budgeted and actual expenditures related Expenditures: to the contractual service payment to Globe. 12 Item # 30 Attachment number 10 Page 1 of 2 ENTERPRISE FUNDS MID YEAR REVIEW For The Six Month Period of October 1, 2008 - March 31, 2009 2008/09 2008/09 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget MARINE FUND MARINE FUND REVENUES Operating Revenues 4,992,110 2,374,904 1,682,168 (692,736) -29% (52,200) 4,939,910 Non-Operating Revenues 155,980 77,990 64,681 (13,309) -17% (17,100) 138,880 Transfers In - - - - - Use of Fund Equity - - - - - TOTAL REVENUES 5,148,090 2,452,894 1,746,849 (706,045) -29% (69,300) 5,078,790 MARINE FUND EXPENDITURES Marina Operations 5,052,230 2,550,299 1,873,120 677,179 27% (144,260) 4,907,970 Airpark Operations - - - - - - TOTAL EXPENDITURES 5,052,230 2,550,299 1,873,120 677,179 27% (144,260) 4,907,970 AIRPARK FUND AIRPARK FUND REVENUES Operating Revenues 220,000 109,998 97,989 (12,009) -11% 220,000 Non-Operating Revenues 19,000 7,998 8,803 805 10% 19,000 Transfers In - - - - - - Use of Fund Equity - - - - - TOTAL REVENUES 239,000 117,996 106,792 (11,204) .9% - 239,000 AIRPARK FUND EXPENDITURES Airpark Operations 201,010 104,657 95,681 8,976 9% 20,000 221,010 TOTAL EXPENDITURES 201,010 104,657 95,681 8,976 9% 20,000 221,010 PARKING FUND PARKING FUND REVENUES Operating Revenues 4,780,590 2,430,192 1,975,210 (454,982) -19% 4,780,590 Non-Operating Revenues 604,000 301,998 329,336 27,338 9% 604,000 Transfers In - - - - - - TOTAL REVENUES 5,384,590 2,732,190 2,304,546 (427,644) -16% 5,384,590 PARKING FUND EXPEDITURES Public Wks / Parking System 3,392,800 1,968,212 1,502,542 465,670 24% 3,392,800 Public Wks / Parking Enforcement 850,000 395,265 268,992 126,273 32% 850,000 TOTAL EXPENDITURES 4,242,800 2,363,477 1,771,534 591,943 25% 4,242,800 13 Item # 30 Attachment number 10 Page 2 of 2 ENTERPRISE FUNDS MID YEAR REVIEW For The Six Month Period of October 1, 2008 - March 31, 2009 2008/09 2008/09 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget HARBORVIEW FUND HARBORVIEW CENTER FUND REVENUES Operating Revenues 190,000 94,998 97,864 2,866 3% 190,000 Non-operating Revenues 195,000 97,500 161,805 64,305 66% 195,000 Transfers In 340,170 340,170 340,170 - 0% 340,170 TOTAL REVENUES 725,170 532,668 599,839 67,171 13% 725,170 HARBORVIEW CENTER FUND EXPENDITURES Harborview Center Operations 725,170 412,588 529,312 (116,724) -28% 725,170 TOTAL EXPENDITURES 725,170 412,588 529,312 (116,724) -28% 725,170 14 Item # 30 Attachment number 11 Page 1 of 2 City of Clearwater Internal Service Funds Mid Year Amendments FY 2008/09 Increase/ (Decrease) Description General Services evenues: 95,000 xpenditures: 95,000 At mid year, anticipated revenues of the General Services Fund equal anticipated expenditures FY 2008/09. Mid year revenue amendments reflect the allocation of $95,000 of General Services Fund reserves to cover the costs of retirement incentive packages as approved by the City Council on May 21, 2009. At mid year, General Services expenditure amendments reflect the transfer of $95,000 to Special Program project 181-99874 to cover the cost of retirement incentive packages as approved by the City Council on May 21, 2009. All other fund amendments reflect line item changes within program budgets. The net change to General Services Fund expenditures is an increase of $95,000. At mid year, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $21,850 for FY 2008/09. Administrative Services Mid year revenue amendments reflect the allocation of $135,000 of Administrative Services Fund reserves to cover the costs of retirement incentive packages as approved by the City Council on Revenues: 135,000 May 21, 2009. At mid year, Administrative Services expenditure amendments reflect the transfer of $135,000 to Special Program project 181- 99874 to cover the cost of retirement incentive packages as Expenditures: 135,000 approved by the City Council on May 21, 2009. At mid year, anticipated revenues of the Garage Fund equal Garage Fund anticipated expenditures for FY 2008/09. Mid year amendments reflect a reduction of $1,799,600, to Service Charge revenue, representing charge backs to City departments, which reflects anticipated savings in fuel cost based on current fuel costs and trends, and the related cost savings to City departments. A second amendment reflects the allocation of $51,000 of Garage Fund reserves to cover the costs of retirement incentive packages as approved by the City Council on May 21, Revenues: (1,748,600) 2009. Mid year expenditure amendments are in conjunction with the reduction in Service Charge revenue. The budget adjustments is primarily a reduction of fuel costs based upon the reduction in gas prices since the 2008/09 budget was adopted. This and other minor operating expenditure amendments reflect a reduction of $1,799,600 to Garage Fund expenditures. In addition, Garage Fund expenditure amendments reflect the transfer of $51,000 to Special Program project 181-99874 to cover the cost of retirement incentive Expenditures: (1,748,600) packages as approved by the City Council on May 21, 2009. 15 Item # 30 Attachment number 11 Page 2 of 2 City of Clearwater Internal Service Funds Mid Year Amendments FY 2008/09 Increase/ (Decrease) Description At mid year, anticipated revenues of the Central Insurance Fund Central Insurance exceed anticipated expenditures by $1,355,220 for FY 2008/09. Mid year amendments reflect the following allocations from Central Insurance Fund reserves: 1) a transfer of $1,000,000 from Central Insurance Fund reserves to the Special Program project 181-99927, Emergency Operations, which was approved by the City Council on April 15, 2009 to provide emergency funding capacity for emergency operations costs in advance of the 2009 hurricane season; and 2) a transfer of $8,250,000 from Central Insurance Fund reserves to the Capital Improvement Fund project 315-93405, Downtown Boat Slips, to fund the construction of the project as approved by the City Revenues: 9,250,000 Council on 2/19/09. Mid year amendments reflect 1) a transfer of $1,000,000 from the Central Insurance Fund reserves into project 181-99927, Emergency Operations, which was approved by the Council on April 15, 2009 to provide emergency funding capacity for emergency operations costs in advance of the 2009 hurricane season; and 2) a transfer of $8,250,000 from Central Insurance Fund reserves to the Capital Improvement Fund project 315-93405, Downtown Boat Slips, to fund the construction of the project as approved by the City Expenditures: 9,250,000 Council on 2/19/09. 16 Item # 30 Attachment number 12 Page 1 of 2 INTERNAL SERVICE FUNDS MID YEAR REVIEW For The Six Month Period of October 1, 2008 - March 31, 2009 2008/09 2008/09 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget GENERAL SERVICES FUND GENERAL SERVICES FUND REVENUES Billings to Departments 5,212,910 2,606,454 2,605,316 (1,138) 0% 0 5,212,910 Non-Operating Revenue 35,000 17,500 20,415 2,915 17% 0 35,000 Transfers In - - - - - 0 - Fund Reserves - - - - - 95,000 95,000 TOTAL REVENUES 5,247,910 2,623,954 2,625,731 1,777 0% 95,000 5,342,910 GENERAL SERVICES FUND EXPENDITU RES Administration 316,010 161,156 152,264 8,892 6% 37,460 353,470 Building & Maintenance 4,931,900 2,578,935 2,386,675 192,260 7% 57,540 4,989,440 TOTAL EXPENDITURES 5,247,910 2,740,091 2,538,939 201,152 7% 95,000 5,342,910 ADMINISTRATIVE SERVICES FUND ADMINISTRATIVE SERVICES REVENUE Operating Revenue 9,509,930 4,754,964 4,687,034 (67,930) _1% 0 9,509,930 Non-Operating Revenue 205,000 102,500 134,298 31,798 31% 0 205,000 Transfers In - - 169,407 169,407 - 0 - Fund Reserves - - - - - 135,000 135,000 TOTAL REVENUES 9,714,930 4,857,464 4,990,739 133,275 3% 135,000 9,849,930 ADMINISTRATIVE SERVICES EXPENDITURES Information Technology/ Admin 379,030 202,593 187,597 14,996 7% 0 379,030 Information Tech / Network Svcs 2,317,000 1,196,454 945,456 250,998 21% 0 2,317,000 Info Tech / Software Applications 1,916,700 1,075,394 987,940 87,454 8% 62,000 1,978,700 Info Tech / Telecommunications 1,067,530 537,387 452,575 84,812 16% 0 1,067,530 Public Comm / Courier 173,990 88,125 77,281 10,844 12% 0 173,990 Public Comm/Graphics 431,160 226,281 194,845 31,436 14% 73,000 504,160 Clearwater Customer Service 3,407,670 1,858,664 1,704,665 153,999 8% 0 3,407,670 TOTAL EXPENDITURES 9,693,080 5,184,898 4,550,359 634,539 12% 135,000 9,828,080 GARAGEFUND GARAGE FUND REVENUES Billings to Departments 13,168,280 6,584,136 5,657,216 (926,920) -14% (1,799,600) 11,368,680 Non-Operating Revenue 685,300 352,652 269,038 (83,614) -24% 0 685,300 Transfers In - - 157,385 157,385 - 0 - Fund Reserves - - - - - 51,000 51,000 TOTAL REVENUES 13,853,580 6,936,788 6,083,639 (853,149) -12% (1,748,600) 12,104,980 Garage Fund Expenditures Fleet Maintenance 13,201,890 6,763,361 5,642,149 1,121,212 17% (1,748,600) 11,453,290 Radio Communications 651,690 330,920 250,134 80,786 24% 0 651,690 TOTAL EXPENDITURES 13,853,580 7,094,281 5,892,283 1,201,998 17% (1,748,600) 12,104,980 17 Item # 30 Attachment number 12 Page 2 of 2 INTERNAL SERVICE FUNDS MID YEAR REVIEW For The Six Month Period of October 1, 2008 - March 31, 2009 2008/09 2008/09 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget CENTRAL INSURANCE FUND CENTRAL INSURANCE FUND REVENUES Billings to Departments 18,211,640 9,105,816 10,626,422 1,520,606 17% 0 18,211,640 Non-Operating Revenue 1,675,000 837,500 735,687 (101,813) -12% 0 1,675,000 Transfers In 183,270 168,270 110,644 (57,626) -34% 0 183,270 Fund Reserves 1,922,925 1,922,925 - (1,922,925) -100% 9,250,000 11,172,925 TOTAL REVENUES 21,992,835 12,034,511 11,472,753 (561,758) -5% 9,250,000 31,242,835 CENTRAL INSURANCE FUND EXPENDITURES Finance / Risk Management 414,490 224,429 199,268 25,161 11% 0 414,490 Human Resources/ Employee Bene 322,460 170,601 151,600 19,001 11% 0 322,460 Non-Departmental 19,900,665 10,911,789 9,133,647 1,778,142 16% 9,250,000 29,150,665 TOTAL EXPENDITURES 20,637,615 11,306,819 9,484,516 1,822,303 16% 9,250,000 29,887,615 18 Item # 30 Attachment number 13 Page 1 of 1 Clearwater, Florida CAPITAL IMPROVEMENT FUND Mid Year Summary FY 2008/09 The amended 2008/09 Capital Improvement Program budget report is submitted for the City Council's Mid Year review. The net proposed amendment is a budget decrease of $3,819,084. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital Improvement Budget increases to projects: ? Storm Pipe System Improvements - To record a budget increase in the amount of $5,427.69 in Stormwater Utility revenue from retained earnings, representing excess cash from interest earnings. ? Beach Parking Garage -To record a budget transfer in the amount of $8,250,000 of 08 Improvement Revenue Bond funding from the Downtown Boat Slips project, to establish the Beach Parking Garage project. All significant budget increases that have been previously approved by the City Council are listed below Project Council Budget Increase Approval Coastal Basins Projects (Tropic Hills Phase 1) 1,250,000 4/15/09 Carpenter Complex Clubhouse Renovation 200,000 3/19/09 Airpark Security Improvements 166,799 4/02/09 19 Item # 30 Attachment number 14 Page 1 of 9 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Police Computer Network - II 316-91147 (270,034) To record a budget decrease in the amount of $270,034.00 of Lease Purchase funding to bring the project budget in line with anticipated purchases. (270,034) Traffic PreEmption (Fire) - CLOSE PROJECT 316-91247 (150,452) To record a budget decrease in the amount of $150,451.74 of Lease Purchase funding to close this project which is now complete. (150, 452) Druid Road Improvements 315-92146 (319,418) To record a budget transfer in the amount of $319,417.77 of Sales Tax Infrastructure revenue to project 315-92342, Beach Connector Trail. This will allow for trail amenities that are not grant related in the construction of the Beach Connector Trail Phases I and 11. This was approved by the City Council on May 21, 2009 (319,418) Beach Walk 315-92267 (2,063) To record a budget transfer in the amount of $2,062.54 of Stormwater Utility revenue to project 315-96129, Stevenson Creek Estuary Restoration. This will allow for the restructure of stormwater capital projects and close out fund 380 '09 Bond Construction projects due to non-issuance of Bonds. This was approved by City Council on April 15, 2009. (2,063) Streets and Sidewalks 315-92273 105,226 To record a budget transfer in the amount of $105,226 of Gas revenue from project 315-96358, Environmental Remediation to fund repaving of the Gas Parking Lot. This was approved by City Council on May 21, 2009. 105,226 Beach Connector Trail 315-92342 319,418 To record a budget transfer in the amount of $319,417.77 of Sales Tax Infrastructure revenue from project 315-92146, Druid Road Improvements. This will allow for trail amenities that are not grant related in the construction of the Beach Connector Trail Phases I and 11. This was approved by the City Council on May 21, 2009. 319,418 New Signal Installation 315-92553 (25,255) To record a budget transfer in the amount of $25,254.75 of Transportation Impact fees to project 315-92558, Intersection Improvement, in exchange with Development Impact fees to use for new signal at Court and Osceola. 315-92553 25,255 To record a budget transfer in the amount of $25,254.75 of Development Impact fees from project 315-92558, Intersection Improvements. Item # 30 20 *indicates budget amendment only Attachment number 14 Page 2 of 9 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Intersection Improvements 315-92558 (25,255) To record a budget transfer in the amount of $25,254.75 of Development Impact fees to project 315-92553, New Signal Installations, to be used for the new signal at Court and Osceola. 315-92558 25,255 To record a budget transfer in the amount of $25,254.75 of Transportation Impact fees from project 315-92553, New Signal Installations. Parking Lot Resurfacing 315-92630 100,000 To record a budget transfer in the amount of $100,000 of Parking revenue from project 315-92636, Parking Lot Improvements. This amendment will correct a double posting error included in the first quarter budget report. 100,000 10 Parking Lot Improvements 315-92636 (100,000) To record a budget transfer in the amount of $100,000 of Parking revenue to project 315-92630, Parking Lot Resurfacing This amendment will correct a double posting error included in the first quarter budget report. (100,000) 11 Beach Parking Garage - NEW PROJECT 362-92648 8,250,000 To record a budget transfer in the amount of $8,250,000 of 08 Improvement Revenue Bond funding from project 362-93405, Downtown Boat Slips, to establish a project for the Beach 8,250,000 Parking Garage. 12 Variable Message Boards - CLOSE PROJECT 315-92838 (26,250) To record a budget decrease in the amount of $26,250 of Local Option Gas Tax and return the funds to the Special Development Fund. The project is complete and will be closed. (26,250) 13 Swimming Pool R&R 315-93271 1 To record a budget transfer in the amount of $1.00 of General Fund revenue from project 315-93609, Clearwater Golf Course Acquisition, which is the remaining of a completed project. 14 Bayfront Promenade 315-93402 4,150 To record a budget transfer in the amount of $4,150 of Infrastructure Sales Tax / Penny for Pinellas revenue from project 315-93407, Sailing Center Expansion. 315-93402 (4,150) To record a budget transfer in the amount of $4,150 of $4,150 of General Fund revenue to project 315-93499, Pier 60/Sailing Center Maintenance. Item # 30 21 *indicates budget amendment only Attachment number 14 Page 3 of 9 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 15 Downtown Boat Slips 315-93405 8,250,000 To record a budget increase in the amount of $8,250,000 of Central Insurance Fund reserves to replace 08 Improvement Revenue Bond funding. This was approved by City Council on February 19, 2009. 362-93405 (8,250,000) To record a budget transfer in the amount of $8,250,000 of 08 Improvement Revenue Bond funding to project 362-92648, Beach Parking Garage, to establish a project for the Beach Parking Garage. 16 Sailing Center Expansion - CLOSE PROJECT 315-93407 4,150 To record a budget transfer in the amount of $4,150 of General Fund revenue from project 315-93499, Pier 60/Sailing Center. General Funds were not available in the project to transfer at first quarter as requested and approved by the City Council. 315-93407 (4,150) To record a budget transfer in the amount of $4,150 of Infrastructure Sales Tax / Penny for Pinellas revenue to project 315-93402, Bayfront Promenade. Project is complete and will be closed. 315-93407 (3,016) To record a budget decrease in the amount of $3,016.10 of Infrastructure Sales Tax / Penny for Pinellas revenue and return the funds to the Special Development Fund. (3,016) 17 Pier 60/Sailing Center Maintenance 315-93499 (4,150) To record a budget transfer in the amount of $4,150 of General Fund revenue to project 315-93407, Sailing Center Expansion, which did not have General Funds available in the project to transfer at first quarter, as requested and approved by City Council. 315-93499 4,150 To record a budget transfer in the amount of $4,150 of General Fund revenue from project 315-93402, Bayfront Promenade. 18 Carpenter Complex Clubhouse Renovations 315-93606 200,000 To record a budget increase of General Fund retained earnings to provide $100,000 of interest earnings as agreed under the Phillies baseball lease agreement and $100,000 for schematic and design costs for the clubhouse renovations. This was approved by the City Council on March 19, 2009. 200,000 19 Clearwater Golf Course Acquisition - PROJECT CLOSE 315-93609 (1) To record a budget transfer in the amount of $1.00 of General Funds revenue to project 315-93271, Swimming Pool R&R. This project is complete and will be closed. (1) 20 Radio User Equipment Replacement - CLOSE PROJECT 316-94232 (122,736) To record a budget decrease in the amount of $122,735.71 of lease purchase funding to close this project which is now complete. (122, 736) Item # 30 22 * indicates budget amendment only Attachment number 14 Page 4 of 9 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 21 Citywide Connectivity Infrastructure 315-94729 225,000 To record a budget transfer in the amount of $225,000 of Administrative Service Fund revenue from project 315-94830, MS Licensing & Upgrades project, to provide funding to complete the fiber deployment to the Countryside Police Station. 225,000 22 MS Licensing & Upgrades 315-94830 (225,000) To record a budget transfer in the amount of $225,000 of Administrative Service Fund revenue to project 315-94729, Citywide Connectivity Infrastructure, to provide funding to complete the fiber deployment to the Countryside Police Station. (225, 000) 23 Airpark Security Improvements - NEW PROJECT 315-94858 166,799 To record a budget increase in the amount of $166,799 of grant funding from the Florida Department of Transportation for airpark security items at Clearwater Airpark. This was approved by the City Council on April 2, 2009. 166,799 24 Storm Pipe System Improvements 315-96124 5,428 To record a budget increase in the amount of $5,427.69 of Stormwater Utility revenue from retained earnings which represents excess second quarter interest earnings on Stormwater Bond Construction Fund 357. 315-96124 (195,663) To record a budget transfer in the amount of $195,663.35 of Stormwater Utility revenue to project 315-96129, Stevenson Creek Estuary Restoration. This will allow for the restructure of stormwater capital projects and close out fund 380 '09 Bond Construction projects due to non-issuance of Bonds. This was approved by City Council on April 15, 2009. 380-96124 (325,220) To record a budget decrease in the amount of $325,219.60 of 2009 Stormwater Bond proceeds. This will allow for the restructure of stormwater capital projects and close out fund 380 '09 Bond Construction projects due to non-issuance of Bonds. This was approved by City Council on April 15, 2009. (515,455) Item # 30 23 *indicates budget amendment only Attachment number 14 Page 5 of 9 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 25 Stevenson Creek Estuary Restoration 315-96129 3,985,975 To record a budget transfer in the amount of $3,985,974.90 of Stormwater Utility revenue consisting of the following: 1) $2,062.54 from project 315-92267, Beach Walk. 2) $195,663.35 from project 315-96124, Storm Pipe System Improvements. 3) $1,764,931.10 from project 315-96154, Alligator Creek Implementation Projects Phase 11. 4) $309,550.00 from project 315-96164, Allen Creek Improvement Projects. 5) $216,727.29 from project 315-96168, Stormwater System Expansion. 6) $992,526.34 from project 315-96169, Stevenson Creek Watershed Projects. 7) $504,514.28 from project 315-96170, Coastal Basins Projects. 380-96129 (6,305,247) To record a budget decrease in the amount of $6,305,247.24 of 09 Stormwater Bond Proceeds. These two amendments will allow for the restructure of stormwater capital projects and close out fund 380 '09 Bond Construction projects due to non-issuance of Bonds. This was approved by City Council on April 15, 2009. (2,319,272) 26 Lake Bellevue Stormwater Improvements 315-96152 294,637 To record a budget transfer in the amount of $294,637.14 from project 315-96170, Coastal Basins Projects, consisting of the following: 1) $175,682.54 of Drainage Improvement fees. 2) $118,954.60 of Stormwater Utility revenue. 380-96152 (2,429,900) To record a budget decrease in the amount of $2,429,899.86 of 09 Stormwater Bond proceeds. These two amendments will allow for the restructure of stormwater capital projects and close out fund 380 '09 Bond Construction projects due to non-issuance of Bonds. This was approved by City Council on April 15, 2009. (2,135,263) 27 Alligator Creek Drainage Improvement 315-96154 (1,764,931) To record a budget transfer in the amount of $1,764,931.10 of Stormwater Utility revenue to project 315-96129, Stevenson Creek Estuary Restoration. 380-96154 (495,477) To record a budget decrease in the amount of $495,476.96 of 09 Stormwater Bond proceeds. These two amendments will allow for the restructure of stormwater capital projects and close out fund 380 '09 Bond Construction projects due to non-issuance of Bonds. This was approved by City Council on April 15, 2009. (2,260,408) Item # 30 24 *indicates budget amendment only Attachment number 14 Page 6 of 9 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 28 Transfer Yard Upgrade 315-96158 (800,000) To record a budget transfer in the amount of $800,000 of Stormwater Revenue to project 315-96170, Coastal Basins Projects. This funding is provided for the construction of Phase II of the Tropic Hills drainage Improvements. This was approved by City Council on May 21, 2009. 315-96158 611,844 To record a budget transfer in the amount of $611,844.33 of Stormwater Utility revenue from project 315-96170, Coastal Basins Projects. 380-96158 (212,485) To record a budget decrease in the amount of $212,485 of 09 Stormwater Bond revenue. These two amendments will allow for the restructure of stormwater capital projects and close out fund 380 '09 Bond Construction projects due to non-issuance of Bonds. This was approved by City Council on April 15, 2009. (400,641) 29 Allen's Creek Improvement Projects 315-96164 (309,550) To record a budget transfer in the amount of $309,550 of Stormwater Utility revenue to project 315-96129, Stevenson Creek Estuary Restoration. 380-96164 (67,700) To record a budget decrease in the amount of $67,700 of 09 Stormwater Bond proceeds. These two amendments will allow for the restructure of stormwater capital projects and close out fund 380 '09 Bond Construction projects due to non-issuance of Bonds. This was approved by City Council on April 15, 2009. (377,250) 30 Spring Branch Enhancement Projects 315-96166 202,077 To record a budget transfer in the amount of $202,076.92 of Stormwater Utility revenue consisting of the following: 1) $110,609.74 from project 315-96170, Coastal Basins Projects. 2) $11,377.96 from project 315-96516, Citywide Aerial Photography. 3) $80,089.22 from project 315-96521, PW Infrastructure Management System. 380-96166 (1,000,000) To record a budget decrease in the amount of $1,000,000 of 09 Stormwater Bond proceeds. These two amendments will allow for the restructure of stormwater capital projects and close out fund 380 '09 Bond Construction projects due to non-issuance of Bonds. This was approved by City Council on April 15, 2009. (797,923) Item # 30 25 *indicates budget amendment only Attachment number 14 Page 7 of 9 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 31 Alligator Creek Channel G Drain Improvements 315-96167 486,661 To record a budget transfer in the amount of $486,661.12 of Stormwater Utility revenue from project 315-96170, Coastal Basins Projects. 380-96167 (486,661) To record a budget decrease in the amount of $486,661.12 of 09 Stormwater Bond proceeds. These two amendments will allow for the restructure of stormwater capital projects and close out fund 380 '09 Bond Construction projects due to non-issuance of Bonds. This was approved by City Council on April 15, 2009. 32 Storm System Expansion 315-96168 (314,000) To record a budget transfer in the amount of $314,000 of Stormwater Utility revenue to project 315-96170, Coastal Basins Projects. This funding is provided for the construction of Phase II of the Tropic Hills drainage improvements. This was approved by City Council on May 21, 2009. 315-96168 (216,727) To record a budget transfer in the amount of $216,727.29 of Stormwater Utility revenue to project 315-96129, Stevenson Creek Estuary Restoration. 380-96168 (149,680) To record a budget decrease in the amount of $149,679.96 of 09 Stormwater Bond proceeds. These two amendments will allow for the restructure of stormwater capital projects and close out fund 380 '09 Bond Construction projects due to non-issuance of Bonds. This was approved by City Council on April 15, 2009. (680,407) 33 Stevenson Creek 315-96169 (992,526) To record a budget transfer in the amount of $992,526.34 of Stormwater Utility revenue to project 315-96129, Stevenson Creek Estuary Restoration. 380-96169 (903,769) To record a budget decrease in the amount of $903,769.33 of 09 Stormwater Bond proceeds. These two amendments will allow for the restructure of stormwater capital projects and close out fund 380 '09 Bond Construction projects due to non-issuance of Bonds. This was approved by City Council on April 15, 2009. (1,896,296) Item # 30 26 *indicates budget amendment only Attachment number 14 Page 8 of 9 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 34 Coastal Basins Projects 315-96170 1,250,000 To record a budget increase in the amount of $1,250,000 of SWFWMD grant revenue which was approved by City Council on April 15, 2009. This funding is for phase I of Tropic Hills Drainage Improvement. This phase will include widening existing channel, stabilizing the eroding north bank and replacing a deteriorating seawall. 315-96170 800,000 To record a budget transfer in the amount of $800,000 of Stormwater Revenue from project 315-96158, Transfer Yard Upgrade. This funding is provided for the construction of Phase II of the Tropic Hills drainage improvements. This was approved by City Council on May 21, 2009. 315-96170 314,000 To record a budget transfer in the amount of $314,000 of Stormwater Revenue from project 315-96168, Storm System Expansion. This funding is provided for the construction of Phase II of the Tropic Hills drainage improvements. This was approved by City Council on May 21, 2009. 315-96170 (1,713,629) To record a budget transfer in the amount of $1,713,629.47 of Stormwater Utility revenue consisting of the following: 1) $504,514.28 to project 315-96129, Stevenson Creek Estuary Restoration. 2) $611,844.33 to project 315-96158, Transfer Yard Upgrade. 3) $110,609.74 to project 315-96166, Spring Branch Enhancement Projects. 4) $486,661.12 to project 315-96167, Alligator Creek Channel G Drainage Improvements. 315-96170 (294,637) To record a budget transfer in the amount of $294,637.14 consisting of $175,682.54 of Drain Improvement fee and $118,954.60 of Stormwater Utility revenue to project 315-96152, Lake Bellevue Stormwater Improvement. 380-96170 (742,684) To record a budget decrease in the amount of $742,683.92 of 09 Stormwater Bond proceeds. These amendments will allow for the restructure of stormwater capital projects and close out fund 380 '09 Bond Construction projects due to non-issuance of Bonds. This was approved by City Council on April 15, 2009. (386,951) 35 Environmental Remediation 315-96358 (105,226) To record a budget transfer in the amount of $105,226 of Gas revenue to project 315-92273, Streets and Sidewalks to fund repaving of the Gas Parking Lot. This was approved by City Council on May 21, 2009. (105,226) Item # 30 27 *indicates budget amendment only Attachment number 14 Page 9 of 9 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 36 Citywide Aerial Photography 315-96516 (11,378) To record a budget transfer in the amount of $11,377.96 of Stormwater Utility revenue to project 315-96166, Spring Branch Enhancement Projects. This was approved by City Council on April 15, 2009 (11,378) 37 PW Infrastructure Management System - CLOSE PROJECT 315-96521 (80,089) To record a budget transfer in the amount of $80,089.22 of Stormwater Utility revenue to project 315-96166, Spring Branch Enhancement Project. Project is complete and will be closed. (80,089) TOTALS (3,819,084) - (3,819,084) Item # 30 28 *indicates budget amendment only Attachment number 15 Page 1 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2008 to March 31, 2009 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/08 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref PUBLIC SAFETY Police Protection 91147 Police Computer Network - II 646,028 646,028 (270,034) 375,994 275,994 100,000 Sub-Total 646,028 646,028 (270,034) 375,994 275,994 - 100,000 Fire Protection 91221 EMS Capital Equipment 1,037,316 1,037,316 1,037,316 1,031,480 745 5,092 91226 Vehicular Support 505,509 505,509 505,509 451,087 54,422 91229 Replace & Upgrade Airpacks 802,000 802,000 802,000 684,090 8,654 109,256 91236 Rescue Vehicle 447,560 462,967 462,967 462,967 0 91242 Fire Training Facility 4,915,000 4,915,000 4,915,000 4,341,434 182,543 391,023 91247 Traffic Pre-Emption 180,000 180,000 (150,452) 29,548 29,548 0 C 91252 Station 48 Renovation/Expansion 651,500 651,500 651,500 132,159 23,087 496,254 91253 Main Station (Fire) 3,000,000 3,000,000 3,000,000 81,549 2,918,451 91255 Exhaust Systems 155,480 155,480 155,480 155,480 91256 Security Access Systems 90,380 90,380 90,380 37,647 52,733 91257 AED Program 60,500 60,500 60,500 35,585 1,645 23,270 91258 Ladder Truck Equipment 150,000 150,000 150,000 82,966 67,034 91259 Radio Replacements 150,000 150,000 150,000 75,645 74,355 91260 Thermal Imaging Cameras 20,000 20,000 20,000 19,978 22 91261 Personal Protection Equipment 456,000 456,000 456,000 267,071 265 188,664 91262 SCBA Upgrades-Fill Station 73,900 73,900 73,900 73,500 400 91263 Extrication Tools 56,000 56,000 56,000 56,000 0 91264 Fire Hose Replacement 25,000 25,000 25,000 23,327 1,673 Sub-Total 12,776,145 12,791,552 (150,452) 12,641,100 7,862,706 240,266 4,538,128 TRANSPORTATION New Street Construction 92146 Druid Road Improvements 4,362,191 4,362,191 (319,418) 4,042,774 1,453,256 166,018 2,423,500 Sub-Total 4,362,191 4,362,191 (319,418) 4,042,774 1,453,256 166,018 2,423,500 Major Street Maintenance 92259 Traffic Calming 12,487,941 12,487,941 12,487,941 5,146,478 2,082,840 5,258,623 92267 Beach Walk 31,533,448 31,557,126 (2,063) 31,555,064 30,714,882 670,982 169,200 92268 Bluff to Beach Guideway 140,000 140,000 140,000 90,000 50,000 92269 Downtown Streetscape 11,146,370 9,928,741 9,928,741 9,928,741 0 C 92270 Gulf to Bay/ Highland Improvement 1,500,000 1,500,000 1,500,000 1,489 1,498,511 92273 Streets and Sidewalks 9,111,743 9,123,743 105,226 9,228,969 1,509,920 62,660 7,656,389 92274 Bridge Maintenance & Improvements 949,820 949,820 949,820 191,158 4,801 753,861 92275 Downtown Streetscape- Phase II 0 2,626,764 2,626,764 3,340 196,000 2,427,424 Sub-Total 66,869,322 68,314,135 103,163 68,417,298 47,586,008 3,017,283 17,814,008 Sidewalks and Bike Trail 92339 New Sidewalks 550,849 550,849 550,849 468,500 82,349 92340 Clw Bch West Bridge Connector 4,967,276 4,398,086 4,398,086 4,398,086 0 C 92342 Beach Connector Trail 1,556,390 1,556,390 319,418 1,875,807 253,404 59,815 1,562,588 Sub-Total 7,074,515 6,505,325 319,418 6,824,743 5,119,990 59,815 1,644,937 Intersections 92551 City-Wide Intersection Improvement 965,778 970,848 970,848 441,009 529,838 92552 Signal Renovation 1,110,698 1,110,698 1,110,698 1,013,307 15,165 82,226 92553 New Signal Installation 881,789 881,789 881,789 782,066 20,737 78,985 92558 Intersection Improvements-11 2,085,742 2,085,742 2,085,742 1,204,372 124,577 756,792 Sub-Total 5,044,007 5,049,077 5,049,077 3,440,754 160,479 1,447,842 Item # 30 29 Attachment number 15 Page 2 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2008 to March 31, 2009 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/08 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Parking 92630 Parking Lot Resurfacing 1,561,603 1,361,603 100,000 1,461,603 593,285 868,317 9 92632 Parking Garage Structure Repair 1,368,432 1,368,432 1,368,432 690,690 677,742 92636 Parking Lot Improvement 1,297,627 1,497,627 (100,000) 1,397,627 1,158,635 151,740 87,252 10 92641 Seashell Parking Lot 6,000,000 6,000,000 6,000,000 6,000,000 92646 Station Square Parking 1,300,000 1,300,000 1,300,000 1,262,965 37,035 92648 Beach Parking Garage 0 0 8,250,000 8,250,000 0 0 8,250,000 11 Sub-Total 11,527,661 11,527,662 8,250,000 19,777,662 3,705,575 151,740 15,920,346 Miscellaneous Engineering 92820 Memorial Causeway Br Replace 37,258,665 37,258,665 37,258,665 36,944,618 52,233 261,813 92822 Miscellaneous Engineering 469,025 469,025 469,025 273,259 195,767 92838 Variable Message Boards 80,000 80,000 (26,250) 53,750 53,750 0 C 12 Sub-Total 37,807,690 37,807,690 (26,250) 37,781,440 37,271,627 52,233 457,580 Park Development 93203 Carpenter Field-Infras Rep/Improve 180,000 180,000 180,000 75,044 104,956 93204 Concrete Sidewalk & Pad Repair 477,913 502,913 502,913 487,805 15,108 93205 Com Sprts Cmp Infr Rep/Improve 325,822 345,822 345,822 319,036 4,000 22,786 93213 Park Amenity Purch & Rplcmnt 809,942 809,942 809,942 744,455 15,868 49,619 93229 Tennis Court Resurfacing 621,582 621,582 621,582 526,797 94,786 93230 Playgrd & Fitness Equip Purch-Repl 1,455,210 1,455,210 1,455,210 1,304,899 150,312 93246 Long Center Pool Project 925,000 925,000 925,000 915,128 1,040 8,832 93247 Fitness Equipment Replacement 100,000 100,000 100,000 58,679 2,665 38,656 93248 National Guard Armory Renovation 850,140 850,140 850,140 802,290 47,847 3 93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 3,135,000 40,685 2,070 3,092,245 93255 Park&Beau Maint Bldg 100,000 94,327 94,327 94,327 0 C 93256 C/S Comm Pk Bldg 425,000 415,288 415,288 415,288 0 C 93257 Joe D Sports Complex Demo 296,000 296,000 296,000 295,560 342 98 93262 Fencing Replacement Program 1,117,555 1,117,555 1,117,555 1,037,624 79,931 93263 Public Art Maintenance 1,498 1,498 1,498 1,498 93264 Enterprise Road Dog Park 468,905 468,905 468,905 126,225 22,294 320,386 93265 Beach Library/Rec Ctr Renovations 810,873 810,873 810,873 583,104 223,156 4,613 93269 Light Replacement 1,676,676 1,700,677 1,700,677 1,676,477 258 23,941 93271 Swimming Pool R&R 414,400 414,400 1 414,401 235,908 499 177,994 13 93272 Bike Paths/Bridges 2,250,000 2,250,000 2,250,000 1,083,038 43,430 1,123,533 93273 Restrooms on Clearwater Beach 588,000 588,000 588,000 13,433 59,930 514,637 93277 Harborview Infra Rep/Impr 635,451 635,451 635,451 379,095 256,357 93278 Long Center Infra Repairs 368,708 368,708 368,708 305,072 6,817 56,819 93286 Parking Lot/Bike Path Rsr/Imprv 436,943 411,943 411,943 313,073 16,035 82,835 93601 Lake Chaut Equest & Nat Preserve 6,000,000 3,695,000 3,695,000 3,680,609 14,391 93602 Sp Events Equip Rep & Rplcmnt 60,000 60,000 60,000 35,729 24,271 93603 Forklift 34,000 25,299 25,299 25,299 0 C 93604 Brdwlks & Docks Rep & Rplcmnt 125,000 125,000 125,000 35,439 89,561 93605 Ross Norton Park Improvements 200,000 200,000 200,000 177,143 22,857 93606 Carpenter Complex Clubhouse Ren 3,000,000 3,000,000 200,000 3,200,000 252,529 59,194 2,888,277 18 93607 P&R Cust Mgmt & Fac Sch Sys 60,000 60,000 60,000 32,921 27,079 0 93608 Misc Minor Public Art 10,553 10,553 10,553 10,553 93609 Clearwater Golf Course Acquisition 2,025,000 2,149,116 (1) 2,149,115 2,149,115 0 C 19 93610 Bulldozer 205,000 0 0 0 C 93611 Multi Terrain Loader 58,000 57,188 57,188 57,188 0 C 93612 McMullen Tennis Complex 400,000 400,000 400,000 5,357 1,300 393,343 93614 Royalty Theater Acquisition 0 2,650,000 2,650,000 2,394,541 255,459 93615 Aging Well Center 0 1,029,720 1,029,720 4,698 61,129 963,892 Sub-Total 30,648,171 31,961,110 200,000 32,161,110 20,683,610 594,953 10,882,548 Item # 30 30 Attachment number 15 Page 3 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2008 to March 31, 2009 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/08 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Marine Facilities 93402 Bayfront Promenade 1,377,227 1,377,227 1,377,227 1,265,454 111,773 0 14 93403 Beach Guard Facility Maint 40,000 40,000 40,000 14,083 25,917 93405 Downtown Boat Slips 13,522,893 13,522,893 13,522,893 3,045,072 8,460,286 2,017,535 15 93407 Sailing Center Expansion 400,000 398,362 (3,016) 395,346 395,346 0 C 16 93408 Bch Rec Ctr Boat Ramp Rplcmnt 700,000 700,000 700,000 141,932 21,950 536,118 93409 Marina Renovations 140,000 0 0 0 C 93413 Utilities/Services Replace 393,966 393,966 393,966 379,858 14,108 93429 Dock Replacement & Repair 349,040 349,040 349,040 303,940 4,102 40,997 93490 Fuel System R&R 154,792 114,792 114,792 57,681 57,111 93495 Dock Construction 39,750 39,750 39,750 16,408 23,342 93496 Marine Fac Dredge/Maint 626,781 576,781 576,781 523,317 53,464 93497 Docks & Seawalls 586,085 586,085 586,085 124,261 461,824 93499 Pier 60/Sailing Center Maint 150,313 151,952 - 151,952 146,468 5,484 17 Sub-Total 18,480,848 18,250,848 (3,016) 18,247,832 6,413,820 8,598,111 3,235,900 Airpark 94817 Airpark Maint & Repair 80,000 80,000 80,000 67,866 38 12,096 94846 FBO Bldg Improvements 425,000 425,000 425,000 170,489 17 254,494 Sub-Total 505,000 505,000 505,000 238,355 55 266,590 Libraries 93527 Books & Other Lib Mat - II 4,063,671 4,063,671 4,063,671 3,407,359 11,136 645,176 Sub-Total 4,063,671 4,063,671 4,063,671 3,407,359 11,136 645,176 Garage 94230 Fleet Asset Mgmt Sys 250,702 250,702 250,702 237,552 12,609 540 94232 Radio User Equip Replacement 950,000 950,000 (122,736) 827,264 827,264 0 C 20 94233 Motorized Equip-Cash II 604,099 604,099 604,099 565,191 15,000 23,909 94234 Motorized Equip- LP II 19,007,541 19,007,541 19,007,541 16,251,363 593,649 2,162,530 Sub-Total 20,812,342 20,812,342 (122,736) 20,689,607 17,881,370 621,258 2,186,979 Building Maintenance 94510 Air Cond Replace-City Wide 2,233,459 2,233,459 2,233,459 1,818,161 5,779 409,519 94512 Roof Repairs 597,635 597,635 597,635 447,205 10,600 139,829 94514 Roof Replacements 1,595,334 1,595,334 1,595,334 967,178 628,155 94517 Painting of Facilities 764,380 764,380 764,380 364,969 399,411 94518 Fencing of Facilities 164,811 164,811 164,811 121,400 43,412 94519 Flooring for Facilities 847,942 847,942 847,942 653,150 194,792 94521 Elevator Refurbish/Modernization 220,000 220,000 220,000 220,000 94522 B&M Asset Mgmt Sys 130,886 130,886 130,886 123,691 5,561 1,634 94524 Long Center Major Infrst Imprvmts 2,905,000 2,662,500 2,662,500 1,545,229 1,110,105 7,166 Sub-Total 9,459,447 9,216,947 9,216,947 6,040,983 1,132,045 2,043,918 General Public City Buildings & Equipment 94620 New City Hall 108,750 108,750 108,750 164 108,586 94622 MSB/Lib Hurricane Protection 620,000 620,000 620,000 603,800 16,200 94623 Public Comm Office Renovations 14,000 14,000 14,000 10,962 3,038 Sub-Total 742,750 742,750 742,750 614,926 - 127,824 Item # 30 31 Attachment number 15 Page 4 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2008 to March 31, 2009 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/08 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous 94729 City-wide Connect Infra 1,481,478 1,481,478 225,000 1,706,478 1,232,797 111,781 361,901 21 94736 Geographic Information Sys 1,052,726 1,052,726 1,052,726 849,194 21,000 182,532 94761 Poll Stor Tank Rem/Repl-Gen I'd 413,658 413,658 413,658 243,949 3,349 166,360 94801 Tidemark Upgrade 802,623 802,623 802,623 501,829 300,794 94803 Environmental Assmt & Clean-up 753,664 753,664 753,664 306,355 447,309 94809 Financial Sys Replacement 974,012 974,012 974,012 974,012 0 94814 Network Infra & Server Upgr 1,185,057 1,185,057 1,185,057 923,402 28,990 232,665 94820 HR Peoplesoft Upgrade 450,000 450,000 450,000 75,420 374,580 94824 IT Disaster Recovery 250,000 250,000 250,000 179,290 70,710 94827 Telecommunications Upgrade 204,000 204,000 204,000 204,000 94828 Financial Systems Upgrades 451,628 451,628 451,628 100,249 351,379 94829 CIS Upgrades / Replacement 547,376 547,376 547,376 85,790 83,448 378,138 94830 MS Licensing / Upgrades 650,000 650,000 (225,000) 425,000 363,644 61,356 22 94833 Computer Monitors 320,000 320,000 320,000 302,371 17,629 94839 Roadway & Traffic Asset Mgt 400,000 400,000 400,000 400,000 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 400,000 12,390 387,610 94848 Station Square Park 519,620 519,620 519,620 378,699 140,921 0 94850 Back-file Conversion of Records 500,000 500,000 500,000 94,912 403,710 1,377 94857 Accela Permitting & Code Enforce 25,000 25,000 25,000 25,000 94858 Airpark Security Improvements 0 0 166,799 166,799 166,799 23 Sub-Total 11,380,842 11,380,842 166,799 11,547,641 6,624,304 793,199 4,130,139 UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 7,392,961 7,424,276 (515,455) 6,908,821 6,131,517 131,465 645,839 24 96125 Prospect Lake Park 7,610,847 7,610,847 7,610,847 7,507,271 32,476 71,100 96129 Stev Ck Estuary Restor 8,356,327 8,356,327 (2,319,272) 6,037,055 4,376,141 6,135 1,654,779 25 96137 FDEP Compliance 1,008,000 1,008,000 1,008,000 612,347 200,087 195,566 96141 Kapok Flood Resolution 18,860,704 18,860,704 18,860,704 18,814,007 13,692 33,005 96144 Stevenson Creek Impl Projects 11,210,594 9,224,553 9,224,553 9,224,553 0 C 96149 Storm Sys Expansion 1,157,032 790,625 790,625 790,625 0 C 96152 Lake Bellevue Stormwater Imp 4,486,426 4,486,426 (2,135,263) 2,351,163 613,657 1,737,506 26 96154 Alligator Creeklmplemt - II 7,593,964 7,593,964 (2,260,408) 5,333,556 1,145,993 91,003 4,096,559 27 96158 Transfer Yard Upgrade 709,966 709,966 (400,641) 309,325 109,625 11,361 188,339 28 96161 Coastal Basin Improvement 3,343,965 142,936 142,936 142,936 0 C 96164 Allen's Creek Improvement Projects 876,500 876,500 (377,250) 499,250 1,375 497,875 29 96166 Spring Branch Enhancement Proj 2,000,000 2,000,000 (797,923) 1,202,077 46,444 155,633 1,000,000 30 96167 Alligator Creek Chan G Drain Impr 992,074 992,074 - 992,074 447,388 454,794 89,892 31 96168 Stormwater System Expansion 500,000 866,407 (680,407) 186,000 186,000 32 96169 Stevenson Creek 1,060,000 3,046,041 (1,896,296) 1,149,745 5,505 119,240 1,025,000 33 96170 Coastal Basin Projects 1,600,000 4,801,029 (386,951) 4,414,079 79 91,697 4,322,303 34 Sub-Total 78,759,359 78,790,675 (11,769,866) 67,020,809 49,969,463 1,307,583 15,743,764 Item # 30 32 Attachment number 15 Page 5 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2008 to March 31, 2009 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/08 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Water System 96721 System R & R-Maintenance 1,046,660 1,046,660 1,046,660 944,562 63,686 38,413 96739 Reclaimed Water Dist Sys 51,273,988 51,323,988 51,323,988 38,213,892 223,537 12,886,559 96740 Water Supply/Treatment 5,742,034 5,742,034 5,742,034 4,292,129 41,634 1,408,271 96741 System R & R-Capitalized 9,710,404 9,710,404 9,710,404 7,899,412 89,864 1,721,129 96742 Line Relocation-Capitalized 11,997,804 11,997,804 11,997,804 5,354,532 4,491 6,638,781 96743 Mtr Bkflow Prev Dev/Chang 4,049,182 4,049,182 4,049,182 1,914,552 990 2,133,639 96744 System Expansion 2,499,673 2,499,673 2,499,673 1,319,997 1,179,676 96750 Well Rehabilitation 1,542,190 1,542,190 1,542,190 1,048,447 493,743 96752 Water Service Lines 4,376,792 4,376,792 4,376,792 3,139,766 1,237,026 96757 Water Pick Up Trucks 112,801 112,801 112,801 79,021 33,780 96758 Fluoride in Water System 289,780 289,780 289,780 83,596 206,184 96760 Elevated Water Tanks Upgrade 3,208,600 3,208,600 3,208,600 2,138,038 1,070,562 96761 Telemetry for Wells 1,065,000 1,065,000 1,065,000 129,489 21,392 914,119 96763 Wellfield Expansion 3,977,310 3,977,310 3,977,310 623,062 1,834,250 1,519,998 96764 RO Plant Exp Res #1 5,897,640 6,246,235 6,246,235 750,865 2,187,504 3,307,865 96766 Water Quality Monitoring Devices 600,000 600,000 600,000 8,255 591,745 96767 RO Plant Exp Res #2 5,454,420 5,454,420 5,454,420 545,489 856,600 4,052,330 96768 Rebate Well, Lk, Pnd Irr Abandmt 150,000 150,000 150,000 6,260 143,740 96769 Trackhoe & Trailer 41,000 24,386 24,386 24,386 0 C 96770 Hydra Stop System 36,000 36,000 36,000 32,176 3,824 Sub-Total 113,071,278 113,453,259 113,453,259 68,547,926 5,323,948 39,581,385 Sewer System 96202 WWTP Screw Pump Replacement 846,910 846,910 846,910 15,887 2,007 829,016 96605 WWC Interceptor Lines 0 0 0 0 96611 Bio-Solids Treatment 11,287,759 11,287,759 11,287,759 7,663,046 6 3,624,706 96615 Odor Control 742,856 747,662 747,662 663,355 84,308 96619 WWTP Generator Replacements 4,244,731 4,244,731 4,244,731 1,418,546 33,151 2,793,034 96620 WWTP Headworks 6,396,653 6,428,273 6,428,273 5,680,478 716,175 31,620 96621 WWTP New Presses 1,778,786 1,778,786 1,778,786 191,177 28,423 1,559,186 96622 WWTP Aeration Imp 3,897,000 3,897,000 3,897,000 582,145 3,214,355 100,501 96624 Liquid Disinfection 825,279 825,279 825,279 144,423 14,253 666,603 96630 Sanitary Sewer Extention 4,615,894 4,615,894 4,615,894 821,896 3,793,998 96634 Sanitary Util Reloc Accmmdtn 4,021,983 4,021,983 4,021,983 2,334,146 3 1,687,834 96645 Laboratory Upgrade & R&R 958,299 958,299 958,299 806,565 151,734 96654 Facilities Upgrade & Improvement 2,740,177 2,740,177 2,740,177 1,650,504 1,089,673 96664 WPC R & R 11,607,917 11,607,917 11,607,917 9,983,495 255,470 1,368,952 96665 Sanitary Sewer R&R 25,583,785 25,583,785 25,583,785 14,953,474 550,958 10,079,353 96666 WWTP New Bypass & NE Pump 462,000 462,000 462,000 462,000 96670 Poll Stor Tank Remov-WPC 199,876 199,876 199,876 162,737 5 37,134 96686 Pump Station Replacement 15,408,977 15,409,027 15,409,027 11,622,665 292,077 3,494,285 Sub-Total 95,618,882 95,655,358 95,655,358 58,694,539 5,106,883 31,853,936 Item # 30 33 Attachment number 15 Page 6 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2008 to March 31, 2009 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/08 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Gas System 96358 Environmental Remediation 1,936,936 1,936,936 (105,226) 1,831,710 874,169 3,903 953,637 35 96365 Line Relocation-Pinellas Maint 1,551,089 1,551,089 1,551,089 367,490 1,183,599 96367 Gas Meter Change Out-Pinellas 1,240,000 1,240,000 1,240,000 110,640 1,129,360 96374 Line Relocation-Pinellas Capital 2,736,983 2,736,983 2,736,983 1,250,851 62,859 1,423,274 96376 Line Relocation - Pasco Maint 530,000 530,000 530,000 27,618 502,382 96377 Pinellas New Main Service Lines 11,287,595 11,287,595 11,287,595 10,294,150 993,445 96378 Pasco New Mains /Service Lines 9,441,782 9,450,782 9,450,782 7,471,662 12,258 1,966,862 96379 Pasco Gas Meter Change Out 610,000 610,000 610,000 2,456 607,544 96381 Line Reloc-Pasco-Capital 755,000 755,000 755,000 954 754,046 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 693,307 298,693 96384 Gas Building Renovation 699,675 699,675 699,675 126,336 573,339 96385 Gas Main Extensions 1,257,845 1,257,845 1,257,845 566,009 691,836 Sub-Total 33,038,905 33,047,905 (105,226) 32,942,679 21,785,642 79,020 11,078,017 Solid Waste 96426 Facility R & R 1,476,752 1,476,752 1,476,752 1,163,323 313,428 96438 Vehicle Acquisition 906,461 906,461 906,461 777,258 129,203 96440 Improvements to SW Complex 208,785 208,785 208,785 85,793 122,992 96442 SW Vehicle Replacements 1,189,769 1,189,769 1,189,769 544,815 644,954 96443 Res Container Acquisition-II 751,741 751,741 751,741 469,313 50,464 231,963 96444 Comm Container Acquisition-II 1,460,020 1,460,020 1,460,020 886,224 72,000 501,796 Sub-Total 5,993,528 5,993,528 - 5,993,528 3,926,726 122,464 1,944,336 Utility Miscellaneous 96516 Citywide Aerial Photo 189,666 189,666 (11,378) 178,288 149,533 28,756 36 96521 PW Infra Mgmt System 1,318,260 1,318,260 (80,089) 1,238,171 1,238,171 0 C 37 96523 Pub Utilities Adm Bldg R&R 261,054 261,054 261,054 189,985 71,069 Sub-Total 1,768,980 1,768,980 (91,467) 1,677,513 1,577,689 - 99,825 Recycling 96804 Recycling Carts/Dumpsters 671,925 671,925 671,925 356,298 29,637 285,990 96805 Recyc Expan/Prom/R&R 987,923 987,923 987,923 672,078 315,845 96806 Recycling Equip Replacement 2,407,037 2,407,037 2,407,037 1,705,914 701,123 96807 Recycling Vehicle Acquisition 151,000 151,000 151,000 146,600 4,400 Sub-Total 4,217,885 4,217,885 - 4,217,885 2,880,890 29,637 1,307,358 TOTAL ALL PROJECTS 574,669,446 576,864,758 (3,819,084) 573,045,675 376,003,510 27,568,125 169,474,038 Item # 30 34 Attachment number 16 Page 1 of 3 Special Program Fund Mid-Year Budget Amendments October 1, 2008 - March 31, 2009 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs Justice Assistance Grant - To record a budget increase of $575.34 in interest earnings which will bring the budget in line with actual revenues received. 1 99299 575 575 Police Volunteers - To record a $4.420.99 budget transfer in Donations revenue from project 181-99332, Officer Friendly Program. The officer friendly program is no longer in existence and the project can be 2 99316 4,421 closed. 4,421 Police Education Fund - To record a budget increase of $7,190.10 in Police Education Fine revenue to match budgeted revenues with actual revenues 3 99317 7,190 received. 7,190 Investigative Recovery Costs - To record a budget increase of $6,074.07 in Other Governmental Units revenue and $32,460.17 in Fines, Forfeitures & Penalties revenue to match budgeted revenues with 4 99329 38,534 actual revenues received. 38,534 Florida Contraband Forfeiture - To record a budget increase of $138,419.79 in Fines, Forfeitures & Penalties revenue to match budgeted revenues with actual revenues received. To record a budget transfer of $300,000 in Fines, Forfeitures & Penalties revenue to project 181-99331, Law Enforcement Trust Fund, of that amount $100,000 will then be transferred to project 181-99356, Safe Neighborhood Program. 5 99330 138,420 (300,000) (161,580) Law Enforcement Trust Fund - To record a budget transfer of $300,000 in Fines, Forfeitures & Penalties revenue from project 181-99330, Florida Contraband Forfeiture offset by a $100,000 budget transfer of Fines, Forfeitures & Penalties revenue to project 181- 99356, Safe Neighborhood Program. This will provide funding towards the safe neighborhood requirement. 6 99331 200,000 200,000 Officer Friendly Program - To record a $4,420.99 budget transfer of Donations revenue to project 181- 99316, Police Volunteers. The officer friendly program is no longer in existence and the project can 7 99332 (4,421) be closed. (4,421) Safe Neighborhood Program - To record a budget transfer of $100,000 from project 181-99331, Law Enforcement Trust Fund. This will provide funding 8 99356 100,000 towards the Safe Neighborhood requirement. 100,000 35 Item # 30 Attachment number 16 Page 2 of 3 Amdmt Project Number Number 9 99387 Public Safety Program Totals: Special Program Fund Mid-Year Budget Amendments October 1, 2008 - March 31, 2009 Increase/ (Decrease) Intrafund Net Budget Amount Transfer Amount Description Amendment Federal Forfeiture Sharing - To record a budget increase of $24,416.79 in Federal Forfeiture revenue from the US Department of Justice to match budgeted 24,417 revenues with actual revenues received. 24,417 209,136 0 209,136 Miscellaneous Programs: 10 99851 269,351 11 99871 752 12 99874 2,600,000 13 99889 310 14 99898 1,551 15 99908 105,252 Special Events YR 07-08 - To record a budget increase of $269,351.19 representing: $123,668.68 in Sales revenue, $54,149.50 in Sponsorships revenue, $1,000.00 in Memberships/Registrations revenue, $3,646.61 in Donations revenue, $5,911.61 in Rentals revenue, and $80,974.79 in Reimbursements revenue. This will bring budgeted revenues in line with actual revenues received. 269,351 State Brownfield Redevelopment - To record a budget increase of $751.89 in interest earnings to match budgeted revenues with actual revenues received. 752 181-99874 - Retirement Incentive Program - To record a budget increase of $2,600,000 of reserves from various operating funds to cover the costs of early retirement incentive packages. (General Fund - $1,911,000; Water & Sewer Fund - $123,000; Gas Fund - $187,000; Solid Waste Fund - $51,000; Stormwater Fund - $47,000; General Services Fund - $95,000; Garage Fund - $51,000; and Administrative Services Fund - $135,000) This was approved by the City Council on May 21, 2009. 2,600,000 Teen Club - To record a budget increase of $310.00 in Donations revenue to match budgeted revenues with actual revenues received. 310 Fire Department Honor Guard - To record a budget increase of $1,551.30 in Donations revenue to match budgeted revenues with actual revenues received. 1,551 Police - Outside Duty - To record a budget increase of $105,252.16 in Police Services revenue to match budgeted revenues with actual revenues received. 105,252 36 Item # 30 Attachment number 16 Page 3 of 3 Special Program Fund Mid-Year Budget Amendments October 1, 2008 - March 31, 2009 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Library Special Account - To record a budget increase of $36,861.62 in Donations revenue to match budgeted revenues with actual revenues received. 16 99910 36,862 36,862 Emergency Operations - To record a budget increase of $1,000,000 of Central Insurance Fund reserves to provide emergency funding capacity for emergency operations cost in advance of the 2009 hurricane season. This was approved by the City 17 99927 1,000,000 Council on April 15, 2009. 1,000,000 Parks & Recreation Specified & Gift Program - To record a budget increase of $2,502.23 in Donations revenue to match budgeted revenues with actual 18 99962 2,502 revenues received. 2,502 Tree Replacement Program - To record a budget increase of $3,936.00 in Fines, Forfeitures & Penalties revenue to match budgeted revenues with actual 19 99970 3,936 revenues received. 3,936 Miscellaneous Programs Total: 4,020,516 Grand Total: 4,229,653 0 4,020,516 0 4,229,653 37 Item # 30 Attachment number 17 Page 1 of 3 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2008 to March 31, 2009 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2007 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99128 Countrywide Consistency Grant 45,050 45,050 0 45,050 33,910 0 11,140 99141 Historic District Evaluation 40,000 40,000 0 40,000 29,977 0 10,023 99142 Design Review 10,000 10,000 0 10,000 0 0 10,000 99143 Enclave Annexation 15,000 15,000 0 15,000 0 0 15,000 99144 Boos Development Mitigation 250,000 250,000 0 250,000 29,060 51,724 169,217 Sub-Total 360,050 360,050 0 360,050 92,947 51,724 215,379 PUBLIC SAFETY PROGRAMS 99265 AmeriCorp Clearwater 2009 0 207,006 0 207,006 35,343 0 171,663 99266 Tactical Weapons Illuminator 0 30,414 0 30,414 30,414 0 0 99268 Human Trafficking Immersion Training 99,730 99,730 0 99,730 19,459 0 80,271 99269 AmeriCorps Clearwater 2008 194,242 194,242 0 194,242 192,552 0 1,690 99273 Americorps Clearwater 2007 182,735 146,030 0 146,030 146,030 0 0 99274 Homeless Shelter 07 237,791 373,171 0 373,171 373,171 0 0 99275 Bulletproof Vest Partnership'06 35,801 35,801 0 35,801 5,432 0 30,369 99277 Clearwater Human Trafficking 450,000 450,000 0 450,000 243,924 0 206,076 99279 Police Recruitments 50,000 50,000 0 50,000 32,577 0 17,423 99281 Fed Forfeitures - Treasury 126,811 139,329 0 139,329 20,871 0 118,458 99282 COPS Technology 2005 246,661 246,661 0 246,661 210,112 0 36,549 99283 Justice Assistance Grant FY05-07 106,814 106,888 0 106,888 106,888 0 0 99284 BeachWalk Police Aides 80,000 72,338 0 72,338 72,338 0 0 99286 COPS 2004 Technology 692,634 692,634 0 692,634 691,015 0 1,619 99289 Downtown Ambassadors 3,000 3,000 0 3,000 160 0 2,840 99290 Traffic Safety Fund 1,841 1,841 0 1,841 1,277 0 564 99299 Justice Assistance Grant FY07-08 72,595 74,295 575 74,870 22,365 0 52,505 99310 K-9 Equipment 27,758 28,758 0 28,758 28,271 0 487 99316 Police Volunteers 101,000 101,000 4,421 105,421 91,378 722 13,322 99317 Police Education Fund 1,038,006 1,050,632 7,190 1,057,822 941,282 0 116,540 99325 Citizen's Police Academy 34,113 34,113 0 34,113 30,321 0 3,792 99329 Investigative Recovery Costs 1,676,556 1,768,443 38,534 1,806,977 1,093,225 98,340 615,413 99330 FL Contraband Forfeiture Fnd 850,534 1,031,950 (161,580) 870,370 532,296 0 338,073 99331 Law Enforcement Trust I'd 2,527,463 2,419,273 200,000 2,619,273 2,151,845 0 467,428 99332 Officer Friendly Program 149,230 149,230 (4,421) 144,810 144,809 0 0 99350 Vehicle Replacement Fund 95,230 105,483 0 105,483 0 0 105,483 99353 DUI Education Program 3,000 3,000 0 3,000 1,420 0 1,580 99356 Safe Neighborhood Program 246,645 291,645 100,000 391,645 192,404 0 199,241 99363 DUI Equipment Fund 19,000 19,000 0 19,000 18,889 0 111 99364 Crime Prevention Program 23,095 23,095 0 23,095 17,361 0 5,734 99387 Federal Forfeiture Sharing 760,401 856,672 24,417 881,088 386,907 75 494,107 99947 Safe Neighborhood TV Specialist 558,647 573,647 0 573,647 542,815 0 30,832 Sub-Total 10,691,333 11,379,319 209,136 11,588,456 8,377,148 99,136 3,112,172 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 115,000 115,000 0 115,000 49,334 0 65,666 99454 Housing Rehab 2006 101,318 101,318 0 101,318 101,318 0 0 99456 Fair Housing 2006 14,867 14,867 0 14,867 14,868 0 0 99457 Relocation/Demolition 6,000 6,000 0 6,000 6,000 0 0 99459 Public Services 2007 177,421 177,421 0 177,421 168,158 9,263 0 99460 Public Facilities 2007 91,226 91,226 0 91,226 82,826 8,400 0 99462 Housing Rehab 2007 65,012 65,012 0 65,012 65,012 0 0 99464 Fair Housing 2007 15,294 15,294 0 15,294 15,294 0 0 99465 Relocation/Demolition 2007 17,209 17,209 0 17,209 16,539 0 671 99466 Infill Housing 2007 12,772 12,772 0 12,772 12,772 0 0 99611 Public Services 2008 135,107 135,107 0 135,107 135,107 0 0 99612 Public Facilities 2008 371,918 371,918 0 371,918 130,506 2,760 238,652 99613 Economic Development 28,000 34,233 0 34,233 29,194 0 5,039 38 Item # 30 Attachment number 17 Page 2 of 3 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2008 to March 31, 2009 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2007 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref 99614 Housing Rehab 2008 270,776 264,543 0 264,543 92,427 0 172,117 99615 Program Administration 2008 177,691 177,691 0 177,691 165,674 0 12,017 99616 Fair Housing 2008 27,319 27,319 0 27,319 27,319 0 0 C 99617 Relocation/Demolition'08 191,670 191,670 0 191,670 79,128 0 112,542 99618 Infill Housing 2008 1,679,272 1,679,272 0 1,679,272 1,190,109 0 489,163 99619 Public Services 2009 169,799 169,799 0 169,799 27,497 142,301 0 99620 Piblic Facilities 2009 330,699 330,699 0 330,699 0 195,550 135,149 99621 Economic Development 2009 0 30,000 0 30,000 4,107 0 25,893 99622 Housing Rehab 2009 134,757 134,757 0 134,757 53,085 0 81,672 99623 Program Administration 2009 185,958 155,958 0 155,958 55,632 0 100,326 99624 Fair Housing 2009 29,284 29,284 0 29,284 9,444 19,840 0 99625 Relocation/Demolition 2009 40,000 40,000 0 40,000 0 0 40,000 99626 Infill Housing 2009 35,714 35,714 0 35,714 13,792 0 21,922 Sub-Total 4,424,083 4,424,083 0 4,424,083 2,545,141 378,115 1,500,828 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 551,061 592,412 0 592,412 132,236 0 460,175 99562 HUD Special Education 30,000 30,000 0 30,000 26,200 0 3,800 Sub-Total 581,061 622,412 0 622,412 158,436 0 463,975 MARINE 99704 Sembler Mitigation Project 611,196 635,217 0 635,217 130,177 10,189 494,850 99707 Beach Guard Donations 68,093 80,133 0 80,133 59,698 0 20,435 Sub-Total 679,289 715,350 0 715,350 189,876 10,189 515,285 MISCELLANEOUS PROGRAMS 99802 Brownfield Revolving Loan 1,200,000 1,200,000 0 1,200,000 215,782 8,365 975,853 99804 City Manager's Flexibility Fund 871,238 871,238 0 871,238 640,786 25,650 204,802 99822 JWB-Norton Teen 2001 246,602 283,853 0 283,853 267,252 0 16,601 99834 Neighborhood Svices Grants 175,000 175,000 0 175,000 133,616 0 41,384 99835 JWB Programmer N. Greenwood 205,367 243,927 0 243,927 224,796 0 19,131 99843 Mgt Training Initiatives 811,547 426,884 0 426,884 426,884 0 0 99844 United Way 6,080 6,080 0 6,080 4,190 0 1,890 99846 Economic Development - OTI 72,360 72,360 0 72,360 32,804 0 39,556 99847 JWB - Wood Valley Teens 136,272 136,272 0 136,272 134,066 0 2,206 99851 Special Events FY07-08 2,560,568 3,236,910 269,351 3,506,261 3,288,191 64,602 153,468 99854 Brownfield EPA Assessment 400,000 400,000 0 400,000 215,806 40,656 143,539 99870 Drive Cam Driver 15,000 15,000 0 15,000 14,900 95 5 99871 State Brownfields Redevelopment Acct 156,188 158,241 752 158,993 85,654 0 73,340 99874 Reitrement Incentive Program 0 0 2,600,000 2,600,000 0 0 2,600,000 99875 Public Art Donations 14,500 17,500 0 17,500 15,911 1,500 89 99876 Florida Bar Student Internship 2,400 2,400 2,400 2,233 167 99879 Youth Engagement Initiatives 118,519 118,519 0 118,519 0 0 118,519 99886 JWB - N. Greenwood Camp 2008 82,430 82,430 0 82,430 77,237 0 5,193 99887 JW - Ross Norton Camp 2008 33,668 38,537 38,537 38,537 0 99889 Teen Club 3,246 3,870 310 4,180 2,908 0 1,272 99890 Cultural Art Fund 13,081 13,081 0 13,081 0 0 13,081 99898 Fire Dept Honor Guard 10,452 13,602 1,551 15,153 9,664 0 5,490 99899 GASB 34 Implementation 238,000 238,000 0 238,000 80,338 2,000 155,662 99908 Police - Outside Duty 4,164,713 4,408,135 105,252 4,513,387 4,570,538 0 (57,152) 99910 Library Special Account 575,560 585,236 36,862 622,098 486,961 0 135,137 99925 Peg Access Support 799,261 799,261 0 799,261 713,769 0 85,492 99927 Emergency Operation 4,125,098 4,125,807 1,000,000 5,125,807 2,804,563 92,061 2,229,183 99928 Nagano Sister City Program 75,329 75,329 0 75,329 72,612 0 2,717 99950 IDB Fees 54,131 54,131 0 54,131 32,830 0 21,301 99962 Parks & Rec Gift Giving Pgm 1,341,245 1,342,039 2,502 1,344,541 1,336,074 0 8,467 C 10 11 12 C 13 14 15 16 17 18 39 Item # 30 Attachment number 17 Page 3 of 3 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2008 to March 31, 2009 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2007 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref 99966 Integrated Disability Mgmt Assmnt & Impl 80,000 80,000 0 80,000 40,000 0 40,000 99970 Tree Replacement Project 831,740 879,388 3,936 883,324 596,856 870 285,597 19 99982 EMS Incentive/Recognition 48,400 69,700 0 69,700 41,088 0 28,612 99983 Local Mitigation Strategy 50,000 50,000 0 50,000 45,744 0 4,256 99995 Water Conservation Devices 100,000 100,000 0 100,000 100,000 0 0 99997 Main Library Field Trust 115,571 115,571 0 115,571 0 0 115,571 99998 Safety Village 26,166 26,166 0 26,166 21,716 0 4,450 Sub-Total 19,759,733 20,464,468 4,020,516 24,484,984 16,774,306 235,799 7,474,880 TOTAL ALL PROJECTS 36,495,549 37,965,680 4,229,653 42,195,334 28,137,854 774,963 13,282,519 40 Item # 30 Attachment number 18 Page 1 of 1 City of Clearwater SPECIAL DEVELOPMENT FUND Mid Year FY 2008/09 Increase/ (Decrease) Revenues Local Option Gas Tax (125,000) Recreation Land Impact Fees (200,000) Open Space Impact Fees (120,000) $ (445,000) Expenditures Transfer to Capital Improvement Fund (29,266) Description Mid year amendments reflect an estimated reduction of approximately 8% in anticipated collections for Local Option Gas Tax for the fiscal year due to the slow economy. Mid year amendments reflect an estimated reduction of $200,000 in anticipated collections for Recreation Land Impact Fees for the fiscal year based upon receipts to date. Mid year amendments reflect an estimated reduction of $120,000 in anticipated collections for Open Space Impact Fees for the fiscal year based upon receipts to date. Net Revenue Amendments Mid year amendments reflect the return of funding from closed projects, reducing budget transfers to the Capital Improvement Fund: 1) Project 315-92838, Variable Message Boards, is closed and $26,250 of Local Option Gas Tax revenues are returned to the Special Development Fund; and 2) Project 315-93407, Sailing Center Expansion, is closed and $3,016.10 of Penny for Pinellas funds are returned to the Special Development Fund at mid year. $ (29,266) Net Expenditure Amendments 41 Item # 30 Attachment number 19 Page 1 of 2 SPECIAL REVENUE FUNDS Mid Year: October 1, 2008 - March 31, 2009 Original Budget 2008/09 First Quarter Amended Budget 2008/09 Mid Year Amended Budget 2008/09 Amendments SPECIAL DEVELOPMENT FUND Revenues: Ad Valorem Taxes 2,727,150 2,727,150 2,727,150 Infrastructure Tax 9,925,000 9,400,000 9,400,000 Interest Earnings 600,000 600,000 600,000 Open Space Fees 200,000 200,000 80,000 (120,000) Recreation Facility Impact Fees 30,000 30,000 30,000 Recreation Land Impact Fees 364,500 364,500 164,500 (200,000) Transportation Impact 311,790 311,790 311,790 Local Option Gas Tax 1,537,790 1,537,790 1,412,790 (125,000) Allocation of Designated Reserves 342,210 3,703,537 3,703,537 16,038,440 18,874,767 18,429,767 (445,000) Expenditures: Transfer to Capital Improvement Fund Road Millage Infrastructure Tax Recreation Facility Land Fees Open Space Impact Fees Transportation Impact fees Local Option Gas Tax Undesignated Special Development Debt Service on Penny for Pinellas Bonds 2,727,150 2,727,150 2,727,150 1,610,000 4,010,000 4,006,984 (3,016) 456,100 456,100 260,900 260,900 290,000 290,000 290,000 1,880,000 1,880,000 1,853,750 (26,250) 250,000 250,000 6,873,030 6,873,030 6,873,030 13,380,180 16,747,180 16,717,914 (29,266) 42 Item # 30 Attachment number 19 Page 2 of 2 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2008/09 2008/09 2008/09 Amendments SPECIAL PROGRAM FUND Revenues: CDBG/Home Funds Interest Earnings Grant Funds Other Governmental Revenue Police Fines and Court Proceeds Donations Sales Rentals Sponsorships Memberships/Registrations Contractual Services Transfers from General Fund Sister City Program City Manager's Flexibility Fund Special Events Neighborhood Grants Transfers from Water & Sewer Fund Transfers from Gas Fund Transfers from Solid Waste Fund Transfers from Stormwater Fund Transfers from General Service Fund Transfers from Garage Fund Transfers from Administrative Services Fund Transfers from Central Insurance Fund Expenditures: CDBG/Home Funds Public Safety Social Services Marine Sister City Program City Manager's Flexibility Fund Neighborhood Grants Special Event Funding Other Miscellaneous Programs 926,210 926,210 926,210 280,000 410,731 412,058 1,327 0 328,463 328,463 0 11,216 17,290 6,074 0 296,368 502,791 206,423 0 32,620 77,492 44,872 0 315,061 438,729 123,669 0 212,714 218,625 5,912 0 62,000 116,150 54,150 0 1,825 2,825 1,000 0 336,081 522,308 186,227 0 (256,946) 1,654,054 1,911,000 3,000 3,000 3,000 100,000 100,000 100,000 30,000 30,000 30,000 25,000 25,000 25,000 0 0 123,000 123,000 0 0 187,000 187,000 0 0 51,000 51,000 0 0 47,000 47,000 0 0 95,000 95,000 0 0 51,000 51,000 0 0 135,000 135,000 0 0 1,000,000 1,000,000 1,364,210 2,834,342 7,063,995 4,229,653 926,210 926,210 926,210 0 687,986 897,122 209,136 0 41,351 41,351 0 36,061 36,061 3,000 3,000 3,000 100,000 100,000 100,000 25,000 25,000 25,000 30,000 30,000 30,000 704,734 4,725,250 4,020,516 1,084,210 2,554,342 6,783,995 4,229,653 LOCAL HOUSING ASSISTANCE TRUST FUN[ Revenues: SHIP Funds Expenditures: 995,680 995,680 995,680 SHIP Program 995,680 995,680 995,680 995,680 995,680 995,680 0 SPECIAL REVENUE FUNDS Mid Year: October 1, 2008 - March 31, 2009 43 Item # 30 Attachment number 20 Page 1 of 1 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2008 / 09 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change order have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. 03/09/09 Administrative Change Order #1 and Final -Fire Station #48 Training Facilities Contract (05-002-FD). This change order is for the purpose of decreasing unused items and reducing the contract by owner direct purchases. This change order does not change the contract time. Bandes Construction Company, Inc (857,900.54) 04/14/09 Administrative Change Order #1 and Final - Clearwater Bayfront Promenade Contract (05-0008 MA). This change order is for the purpose of decreasing unused items and adds a time extension of thirty-one (31) days to the contract. Misener Marine Construction, Inc. (75,349.55) 04/17/09 Administrative Change Order #3 and Final - Alligator Lake Wetland Creation & Stormwater Treatment Project (99-0020-EN). This change order is for the purpose of decreasing unused items, adding new items and adjusting unit prices. RIPA & Associates, LLC (83,120.33) 04/17/09 Administrative Change Order #1 and Final - Court Street Improvements Project (08-0035-EN). This change order is for the purpose of decreasing unused bid items, increasing bid items due to overruns and addition of items due to field conditions resulting in an overall increase to the final contract amount. Semper Fi Services, Inc. 16,078.75 04/22/09 Administrative Change Order #1 - 2008 Storm Line Rehabilitation (08-005-EN). This change order is for the purpose of increasing bid items, no changes to the contract time. Reynolds Inliner, LLC 35,000.00 05/08/09 Administrative Change Order #1 - Reservoir No. 2 Test Production & Monitoring Well Project (06-0055-UT). This change order is for the purpose of decreasing the contract of unused items, increasing the contract for additional items and adds a time extension of forty-five (45) days to the contract resulting in an overall increase to the contract amount. Thompson Well & Pump, Inc. 68,420.50 44 Item # 30 Attachment number 21 Page 1 of 1 ORDINANCE NO. 8077-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, STORMWATER UTILITY FUND, WATER AND SEWER FUND, SOLID WASTE FUND, RECYCLING FUND, GAS FUND, MARINE FUND, AIRPARK FUND, GENERAL SERVICES FUND, GARAGE FUND, ADMINISTRATIVE SERVICES FUND, AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2009, for operating purposes, including debt service, was adopted by Ordinance No. 8005-08; and WHEREAS, at the Mid Year Review it was found that increases and decreases are necessary in the total amount of $11,155,181 for revenues and $11,151,804 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. 8005-08 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2008 and ending September 30, 2009 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard, Mayor Approved as to form: Pamela K. Akin, City Attorney Attest: Cynthia E. Goudeau, City Clerk Item # 30 45 Ordinance No. 8077-09 Attachment number 22 Page 1 of 2 EXHIBIT A 2008-09 BUDGET REVENUE Original Budget 2008/09 First Quarter Amended Budget 2008/09 Mid Year Amended Budget 2008/09 mendments General Fund: Property Taxes 43,461,390 43,461,390 43,461,390 Franchise Fees 9,819,270 9,819,270 9,819,270 Utility Taxes 12,030,350 12,030,350 12,030,350 Licenses, Permits & Fees 4,242,500 4,242,500 3,550,000 (692,500) Sales Tax 5,800,000 5,800,000 5,275,000 (525,000) Communications Services Tax 6,286,500 6,286,500 6,865,000 578,500 Intergovernmental Revenues 12,357,120 12,357,120 12,107,120 (250,000) Charges for Current Services 4,151,420 4,236,864 4,189,358 (47,506) Fines & Forfeitures 902,300 902,300 782,300 (120,000) Interest Income 1,364,000 1,364,000 1,364,000 Miscellaneous 939,950 943,839 967,864 24,025 Interfund Charges / Transfers In 17,445,130 17,888,364 18,067,614 179,250 Transfer from Surplus 2,300,000 2,518,546 4,387,006 1,868,460 Total, General Fund 121,099,930 121,851,043 122,866,272 1,015,229 Special Revenue Funds: Special Development Fund 16,038,440 18,874,767 18,429,767 (445,000) Special Program Fund 1,364,210 2,834,342 7,063,995 4,229,653 Local Housing Asst Trust Fund 995,680 995,680 995,680 Utility & Other Enterprise Funds: Water & Sewer Fund 60,609,860 60,609,860 59,901,860 (708,000) Stormwater Utility Fund 13,800,460 13,825,878 13,878,305 52,428 Solid Waste Fund 18,751,250 18,704,250 18,555,250 (149,000) Gas Fund 45,228,140 45,286,710 45,068,710 (218,000) Recycling Fund 3,210,950 3,027,089 2,742,860 (284,229) Marine Fund 5,351,090 5,148,090 5,078,790 (69,300) Airpark Fund 242,000 239,000 239,000 Parking Fund 4,823,470 5,384,590 5,384,590 Harborview Center Fund 725,170 725,170 725,170 Internal Service Funds: Administrative Services Fund 9,714,930 9,714,930 9,849,930 135,000 General Services Fund 5,247,910 5,247,910 5,342,910 95,000 Garage Fund 13,853,580 13,853,580 12,104,980 (1,748,600) Central Insurance Fund 20,069,910 21,992,835 31,242,835 9,250,000 Total, All Funds 341,126,980 348,315,724 359,470,904 11,155,181 Ordinance #8077-09 46 Item # 30 Attachment number 22 Page 2 of 2 EXHIBIT A (Continued) 2008-09 BUDGET EXPENDITURES Original Budget 2008/09 First Quarter Amended Budget 2008/09 Mid Year Amended Budget 2008/09 mendments General Fund: City Council 288,390 288,166 288,166 City Manager's Office 1,166,210 1,150,010 1,150,010 City Attorney's Office 1,688,790 1,667,759 1,667,759 City Auditor's Office 175,520 173,417 173,417 Development & Neighborhood Svcs 4,109,720 4,091,585 3,991,585 (100,000) Economic Development & Housing Sv 1,389,940 1,382,084 1,362,084 (20,000) Engineering 7,283,880 7,258,453 7,258,453 Equity Services 284,010 279,539 279,539 Finance 2,265,030 2,242,631 2,180,201 (62,430) Fire 21,258,430 21,495,414 21,245,414 (250,000) Human Resources 1,212,180 1,204,602 1,119,602 (85,000) Library 6,065,270 6,048,708 6,048,708 Marine & Aviation 1,248,600 1,239,348 1,239,348 Non-Departmental 7,048,000 7,846,418 9,899,958 2,053,540 Office of Management & Budget 297,690 294,337 266,937 (27,400) Official Records & Legislative Svcs 1,180,430 1,173,801 1,123,801 (50,000) Parks & Recreation 21,123,800 21,152,322 20,769,302 (383,020) Planning 1,429,290 1,418,617 1,358,617 (60,000) Police 36,949,610 36,832,223 36,861,762 29,539 Public Communications 1,088,580 1,079,313 1,049,313 (30,000) Public Services 3,546,560 3,532,296 3,532,296 Total, General Fund 121,099,930 121,851,043 122,866,272 1,015,229 Special Revenue Funds: Special Development Fund 13,380,180 16,747,180 16,717,914 (29,266) Special Program Fund 1,084,210 2,554,342 6,783,995 4,229,653 Local Housing Asst Trust Fund 995,680 995,680 995,680 Utility & Other Enterprise Funds: Water & Sewer Fund 60,609,860 60,609,860 59,901,860 (708,000) Stormwater Utility Fund 13,800,460 13,825,878 13,878,305 52,428 Solid Waste Fund 18,735,750 18,688,750 18,362,980 (325,770) Gas Fund 38,534,500 38,534,500 38,128,970 (405,530) Recycling Fund 3,210,940 3,026,940 2,742,860 (284,080) Marine Fund 5,348,430 5,052,230 4,907,970 (144,260) Airpark Fund 206,310 201,010 221,010 20,000 Parking Fund 3,963,380 4,242,800 4,242,800 Harborview Center Fund 725,170 725,170 725,170 Internal Service Funds: Administrative Services Fund 9,693,080 9,693,080 9,828,080 135,000 General Services Fund 5,247,910 5,247,910 5,342,910 95,000 Garage Fund 13,853,580 13,853,580 12,104,980 (1,748,600) Central Insurance Fund 18,714,690 20,637,615 29,887,615 9,250,000 Total, All Funds 329,204,060 336,487,568 347,639,371 11,151,804 Ordinance #8077-09 47 Item # 30 Attachment number 23 Page 1 of 1 ORDINANCE NO. 8078-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009, TO REFLECT A NET DECREASE OF $3,819,084, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2009 was adopted by Ordinance No. 8006-08; 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. 8006-08 is amended to read: Pursuant to the Mid Year Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2008 and ending September 30, 2009, a copy of which is on file with the City Clerk, the City Council hereby adopts a Mid Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 48 Ordinance 4b%%_1930 Attachment number 24 Page 1 of 2 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2008/09 2008/09 2008/09 Amendments Police Protection 250,000 250,000 (20,034) (270,034) Fire Protection 473,000 488,407 337,955 (150,452) New Street Construction 1,250,000 1,250,000 930,582 (319,418) Major Street Maintenance 4,082,150 5,526,963 5,630,126 103,163 Sidewalks and Bike Trail 0 (569,191) (249,773) 319,418 Intersections 435,000 440,070 440,070 Parking 225,000 225,000 8,475,000 8,250,000 Miscellaneous Engineering 115,000 115,000 88,750 (26,250) Park Development 2,110,500 3,423,437 3,623,437 200,000 Marine Facilities 405,000 175,000 171,984 (3,016) Airpark Facilities 10,000 10,000 10,000 Libraries 694,480 694,480 694,480 Garage 2,815,820 2,815,820 2,693,084 (122,736) Maintenance of Buildings 2,593,300 2,350,800 2,350,800 Miscellaneous 945,000 945,000 1,111,799 166,799 Stormwater Utility 3,960,000 3,991,315 (7,778,551) (11,769,866) Gas System 1,645,000 1,654,000 1,548,774 (105,226) Solid Waste 510,000 510,000 510,000 Utilities Miscellaneous 26,000 26,000 (65,467) (91,467) Sewer System 8,326,790 8,363,267 8,363,267 Water System 14,720,180 15,102,161 15,102,161 Recycling 160,000 160,000 160,000 TOTAL 45,752,220 47,947,529 44,128,445 (3,819,084) GENERAL SOURCES: General Operating Revenue 4,145,500 4,363,624 4,563,624 200,000 General Revenue/County Co-op 694,480 694,480 694,480 Road Millage 2,727,150 2,727,150 2,727,150 Penny for Pinellas 1,610,000 4,004,327 4,001,311 (3,016) Transportation Impact Fee 290,000 290,000 290,000 Local Option Gas Tax 1,880,000 1,880,000 1,853,750 (26,250) Recreation Land Impact Fee 0 456,100 456,100 Open Space Impact Fee 0 260,900 260,900 Special Development Fund 30,000 280,000 280,000 Grants - Other Agencies 360,000 (2,302,621) (2,302,621) Other Contributions 0 12,000 12,000 SELF SUPPORTING FUNDS: Marine Revenue 280,000 50,000 50,000 Airpark Revenue 10,000 10,000 10,000 Parking Revenue 225,000 225,000 225,000 Item # 30 49 Ordinance # 8078-09 Attachment number 24 Page 2 of 2 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09 Original Budget 2008/09 First Qtr Amended Budget 2008/09 Mid Year Amended Budget 2008/09 Amendments Harborview Revenue 100,000 100,000 100,000 Utility System: Water Revenue 75,000 75,000 75,000 Sewer Revenue 4,563,370 4,563,370 4,563,370 Water Impact Fees 250,000 250,000 250,000 Sewer Impact Fees 575,000 575,000 575,000 Utility R&R 2,914,590 2,914,590 2,914,590 Stormwater Utility Revenue 3,284,980 3,310,398 3,315,825 5,428 Gas Revenue 1,455,000 1,464,000 1,464,000 Solid Waste Revenue 350,000 350,000 350,000 Grants - Other Agencies 0 50,000 1,466,799 1,416,799 Other Governmental Revenue 0 4,807 4,807 INTERNAL SERVICE FUNDS: Garage Revenue Administrative Services Revenue Central Insurance Revenue BORROWING - GENERAL SOURCES: Lease Purchase - General Fund BORROWING - SELF SUPPORTING FUNDS: 110,920 110,920 225,000 225,000 0 1,622,925 778,000 578,894 110,920 225,000 9,872,925 158,408 8,250,000 (420,486) Lease Purchase - Water 69,780 53,166 53,166 Lease Purchase - Solid Waste 160,000 160,000 160,000 Lease Purchase - Recycling 160,000 160,000 160,000 Bond Issues - Water & Sewer 14,650,230 14,650,280 14,650,280 Bond Issue - Stormwater 678,320 678,320 (12,440,503) (13,118,823) BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 2,749,900 2,749,900 2,627,164 (122,736) Lease Purchase - Administrative Services 350,000 350,000 350,000 TOTAL ALL FUNDING SOURCES: 45,752,220 47,947,529 44,128,445 (3,819,084) Item # 30 50 Ordinance # 8078-09 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Budget Adjustment: Award a contract to Gregory Electric Company, Inc. of Naples, Florida in the amount of $2,172,942.57 for construction of the Chautauqua/Coachman Ridge Reclaimed Water (RCW) Project (project 07-0053-UT), which is the lowest responsible bid received in accordance with the plans and specifications for this project; and authorize the appropriate officials to execute same. SUMMARY: This Agenda Item is for the construction of new reclaimed water transmission and distribution mains as outlined in the 1998 Reclaimed Water Master Plan Update (as updated in December 2007) for the Chautauqua and Coachman Ridge areas. The goal of this and all other reclaimed water projects is to reduce the amount of potable water and groundwater being used for irrigation and other non-potable uses. In addition, expansion of the Reclaimed Water Distribution System in accordance with Reclaimed Water Master Plan brings the City of Clearwater closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface waters. May 15, 2008, CityCouncil approved the design of the project and the Cooperative Funding Agreement between the City and SWFWMD, which includes reimbursement of up to 50% of the cost of design, permitting and construction of transmission and distribution of reclaimed water lines up to a maximum of $1,977,000. It is anticipated that construction will be accomplished in 405 days and be completed by the end of August 2010. URS Corporation, the engineering design consultant for this project and an Engineer-of-Record for the City of Clearwater, is responsible for the design of the improvements. The final engineering estimate was $4,806,000. Twelve bids were received, and Gregory Electric Company, Inc. was the lowest in the amount of $2,172,942.57 for the project. After comparing the bids, URS Corp. has provided a recommendation to award construction of the project to Gregory Electric Company, Inc. and City staff concurs. The City of Clearwater's Public Utilities Department Water Division is responsible for owning, operating and maintaining the reclaimed water system. Sufficient budget and funding with 2009 Water and Sewer Revenue Bond proceeds is available in project 0376-96739, Reclaimed Water Distribution System, in the amount of $1,257,255.77. Sufficient budget and Utility revenue are available in the project 0327-96739, Reclaimed Water Distribution System, in the amount of $635,000.00. Sufficient budget and revenue are available in project 0315-96739, Reclaimed Water Distribution system in the amount of $280,686.80 for a total of $2,172,942.57 for this contract. • A third quarter amendment will increase the budget for Other Governmental Revenues (337900) in project 0315-96739, Reclaimed Water Distribution System for SWFWMD's share of previously approved design costs in the amount of $220,553.50 and construction in the amount of $1,086,471.29 for a total increase of $1,307,024.79. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See Summary Yes Meeting Date:6/18/2009 Cover Memo Item # 31 Current Year Cost: $2,172,942.57 Annual Operating Cost: Not to Exceed: $2,172,942.57 Total Cost: $2,172,942.57 For Fiscal Year: 2008 to 2009 Appropriation Code Amount Appropriation Comment 0376-96739-563800-533- $1,257,255.77 See summary 000-0000 0327-96739-563800-533- $ 635,000.00 See summary 000-0000 0315-96739-563800-533- $ 280,686.80 See summary 000-0000 Bid Required?: Yes Bid Number: 07-0053-UT Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Engineering 4) Financial Services 5) Office of Management Approval: and Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) Clerk 10) City Manager 11) Clerk Cover Memo Item # 31 Attachment number 1 Page 1 of 6 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we GREGORY ELECTRIC COMPANY, INC. Contractor and CINCINNATI INSURANCE COMPANY (Surety) whose home address is P. O. BOX 14596, CINCINNATI, OHIO 45250, HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: TWO MILLION, ONE HUNDRED SEVENTY-TWO THOUSAND, NINE HUNDRED FORTY-TWO DOLLARS AND FIFTY-SEVEN CENTS ($2,172,942.57) 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 2009, entered into between the Contractor and the City of Clearwater for: CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT (07-0053-UT) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page I Item # 31 Attachment number 1 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 2009. GREGORY ELECTRIC COMPANY, INC. CONTRACTOR By: ATTEST: WITNESS: COUNTERSIGNED: SURETY By: ATTORNEY-IN-FACT Page 2 Item # 31 Attachment number 1 Page 3 of 6 CONTRACT This CONTRACT made and entered into this day of , 2009 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and GREGORY ELECTRIC COMPANY, INC. of the City of COLUMBIA, County of RICHLAND and State of SOUTH CAROLINA 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: CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT (07-0053-UT) FOR THE SUM OF: TWO MILLION, ONE HUNDRED SEVENTY-TWO THOUSAND, NINE HUNDRED FORTY-TWO DOLLARS AND FIFTY-SEVEN CENTS ($2,172,942.57) 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 1 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 1 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, H City Manager Attest: Countersigned Seal) Cynthia E. Goudeau, City Clerk By: Approved as to form Frank Hibbard, Mayor-Councilmember Leslie Dougall-Sides Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) By: (SEAL) (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). Page 5 Item # 31 Attachment number 1 Page 6 of 6 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF SOUTH CAROLINA COUNTY OF RICHLAND 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 GREGORY ELECTRIC COMPANY, INC a South Carolina Corporation, with its principal place of business located at 2124 COLLEGE STREET, COLUMBIA, SOUTH CAROLINA 29202 herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of 2009 with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT (07-0053-UT) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me GREGORY ELECTRIC COMPANY, INC. AFFIANT This day of , 20 BY: NOTARY PUBLIC My Commission Expires: PRESIDENT Page 6 Item # 31 Attachment num?er 2 Page 1 of 1 J _ w - Q = - z a - w H - = a a H 0 0? _? Ip w >?wa ohm 0 >=LLa wN o Nor o zLL °lww &? - c ffi. ma zam -0 a? ooz O Q uu< mw. W myw z- Ic. womQ w?LL a wedrc rc°I z e r wYmc zLL z a d z w-o a°arc o _ z wIc r I . w a o^¢a 0 w uw c 5 ? NNd u ??+w ooa o`m,z? yN N=mc 6 wda rcm _ o° 'o m z o a U) 0 ............. i- Q GLI H1009 Na77nvvwu ?....... ........ .... . ....... I . ... ........... .. ...................... Z W o Nb'b'lNONb'7 ? ? Lu W a W o tib'M 0 ? ° ,.:. 'Oa 37n OS ,. Noldwb'H 0 W ti o> ? ? z w ?O W O =4 <D Z-4 BAYS1D? e a W/ NU ?? 55-NS - 2 r Z- NbdVHOb00 070 6 L sn O O ...... 6l sn ......... .... ..... I m " . ENTER Q ON ?Z ? V CID od b3H 7 aa G . LONJ 3a ...............?....... W Q i Od b3Ho ON N3 HS738 O y O ct: Q a ?' d anv sd7nodd, ° 3nV s37nsd3H m o Q ? > W ' o W d > W ......... LL od .., aNaaN ? aH 3N33N co C/)• w co Z ON 1sanN3Nld 3AV 3) L U Cl- Z o Q anVVl ld1Vd anv aNV7HOIH ` ?.- 3AV ONV7H _ ? ti v? C O W Z z AMP S:JNIN ? O O ¢ r i ? Y D O > o Q Q G ?? N 7 /113a W O 3mv33NnvM71DV O 3NV?113fl O s< -sn 17v anV ? sV7snoa a o dnv do ` F HIAV W, 9 NM ?jdH1m N, ?? ?131b 3nV F- 371NtiW O L C'D w 3ne ° vN aln2aa w J? s Meeting Date:6/18/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize the City to enter into an agreement with CSX Transportation, Inc., for installation of one (1) 24-inch reclaimed water main in the CSX right-of-way as part of the Skycrest Reclaimed Water Project - Contract 2: Transmission and Distribution, approve Pipeline Crossing Agreement CSX-629438, adopt Resolution 09-27 and authorize the appropriate officials to execute same. SUMMARY: A work order for consultant services was approved on September 6, 2007 for design, preparation of construction plans, and permitting for the Skycrest Reclaimed Water Project (L695). Acooperative funding agreement for the project between SWFWMD and the City of Clearwater was approved by the City of Clearwater on May 17, 2007. There are two (2) projects contained within the Skycrest Reclaimed Water Project (L695). Contract 1, the booster pump station project, involves the construction of a new 5MG RCW ground storage tank and pump station to be located at the existing City nursery site at 901 North Saturn Avenue to enable the RCW system to meet peak demands. Contract 2, the transmission and distribution project, involves the construction of approximately 17,300 linear feet of transmission piping and 52,500 linear feet of distribution piping. As part of Contract 2 project, the City desires to construct one (1) 24-inch reclaimed water main crossing CSX right-of-way. The 24-inch reclaimed water main crossing is on Clearwater Country Club property where the CSX railroad crosses through the property. CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a pipeline underneath their railway system. The cost to the City will be $4,000 for a license fee, $2,250 for railroad protective liability insurance, and $150.00 for a project coordination fee for a total cost of $6,400.00. Sufficient budget and revenue are available in project 0315-96739, Reclaimed Water Distribution system in the amount of $6,400.00 for this agreement. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $6,400.00 Not to Exceed: $6,400.00 For Fiscal Year: 2008 to 2009 Appropriation Code Amount 0315-96739-565400-533-000- $6,400.00 0000 Budget Adjustment: No Annual Operating Cost: Total Cost: $6,400.00 Appropriation Comment Cover Memo Item # 32 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 32 Attachment number 1 Page 1 of 1 RESOLUTION NO. 09-27 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE ONE "AGREEMENT" WITH CSX TRANSPORTATION, INC., FOR THE INSTALLATION OF A 24" RECLAIMED WATER MAIN IN THE CSX RIGHT-OF- WAY AS PART OF THE SKYCREST RECLAIMED WATER PROJECT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater will be installing a pipeline across the CSX right-of-way within the Clearwater Country Club property as part of the Skycrest Reclaimed Water Project - Contract 2: Transmission and Distribution; and WHEREAS, appropriate agreements have been prepared; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreements between the City and CSX Transportation, Inc., identified as Pipeline Crossing Agreement No. CSX- 629438. Section 2. The City Council hereby authorizes the Mayor and City Manager to sign the Agreements described in this resolution and associated documents. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of Approved as to form: Leslie Dougall-Sides Assistant City Attorney 2009. Frank V. Hibbard Mayor-Council Member Attest: Cynthia E. Goudeau City Clerk Resolution NteN42$ 32 Attachment number 2 Page 1 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX629438 FACILITY ENCROACHMENT AGREEMENT THIS AGREEMENT, Made and effective as of May 29, 2009, by and between CSX TRANSPORTATION INC, a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and CLEARWATER CITY OF, a municipal corporation, political subdivision or state agency, under the laws of the State of Florida, whose mailing address is 100 S Myrtle Avenue, Clearwater, Florida 33756, hereinafter called "Licensee," WITNESSETH: WHEREAS, Licensee desires to construct (unless previously constructed and designated as existing herein), use and maintain the below described facility(ies), hereinafter called "Facilities," over, under or across property owned or controlled by Licensor, at the below described location(s): 1. One (1) twenty-four inch (24") diameter sub-grade pipeline crossing, solely for the conveyance of reclaimed/non-potable water, located at or near Clearwater, Pinellas County, Florida, Jacksonville Division, Clearwater Subdivision, Milepost SY-873.28, Latitude N27:58:19.5, Longitude W82:47:00.44; hereinafter, collectively, called the "Encroachment," as shown on print(s) labeled Exhibit "B," attached hereto and made a part hereof; other details and data pertaining to said Facilities being as indicated on Exhibit "A," also attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A) Licensor's present and future right to occupy, possess and use its property within the area of the Encroachment for any and all purposes; (B) All encumbrances, conditions, covenants, easements, and limitations applicable to Licensor's title to or rights in the subject property; and contained; (C) Compliance by Licensee with the terms and conditions herein does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or change the Facilities at the Encroachment above for the term herein stated, and to remove same upon termination. Page 1 of 15 o Item # 32 Attachment number 2 Page 2 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX629438 1.2 The term Facilities, as used herein, shall include only those structures and ancillary facilities devoted exclusively to the transmission usage above within the Encroachment, and as shown on attached Facility Application Form and plan(s). 1.3 No additional structures or other facilities shall be placed, allowed, or maintained by Licensee in, upon or on the Encroachment except upon prior separate written consent of Licensor. 2. ENCROACHMENT FEE; TERM: 2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of FOUR THOUSAND Dollars AND 00/100 U.S. DOLLARS ($4,000.00) upon execution of this Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee under this Agreement. In the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to payment of Licensor's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Facilities or Encroachment. 2.3 This Agreement shall terminate as herein provided, but shall also terminate upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above; (b) removal of the Facilities; (c) subsequent mutual consent; and/or (d) failure of Licensee to complete installation within five (5) years from the effective date of this Agreement. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or for any public works project of which said Facilities is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications), or Licensee's particular industry, National Electrical Safety Code, or any governmental or regulatory body having jurisdiction over the Encroachment. 3.2 Location and construction of Facilities shall be made strictly in accordance with design(s) and specifications furnished to and approved by Licensor and of material(s) and size(s) appropriate for the purpose(s) above recited. Page 2 of 15 o Item # 32 Attachment number 2 Page 3 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX629438 3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's property and appurtenances thereto. 3.4 In the installation, maintenance, repair and/or removal of said Facilities, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of the Facilities, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 All work on the Encroachment shall be conducted in accordance with Licensor's safety rules and regulations. 3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or from improper or incomplete repairs or maintenance to the Facilities or Encroachment. 4. PERMITS, LICENSES: 4.1 Before any work hereunder is performed, or before use of the Encroachment for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, construction, health, safety or environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s) and authorization(s), and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (State, Federal or Local) having jurisdiction over Licensee's activities, including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.65 1 (b)), et al., and State "One Call" - "Call Before You Dig" requirements. Page 3 of 15 o Item # 32 Attachment number 2 Page 4 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX629438 4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or approval(s), for any violations thereof, or for costs or expenses of compliance or remedy. 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation or maintenance upon Licensor's property, Licensee, at its sole cost and expense, shall: (A) support track(s) and roadbed in a manner satisfactory to Licensor; (B) backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) either remove any surplus earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner Licensor may approve. 5.2 After construction or maintenance of the Facilities, Licensee shall: (A) Restore any track(s), roadbed and other disturbed property; and (B) Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of any underground Facilities or related facilities. 5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or subjacent support in the Encroachment area for a period of three (3) years after completion of installation. 6. TRACK CHANGES: 6.1 In the event that rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event future use of Licensor's rail corridor or property necessitate any change of location, height or depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor, shall make changes in the Facilities or Encroachment to accommodate such track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at Licensee's cost. 7. FACILITY CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of the Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the Page 4 of 15 o Item # 32 Attachment number 2 Page 5 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX629438 Facilities or change the Encroachment, at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of Licensor. 7.2 If Licensee undertakes to revise, renew, relocate or change in any manner whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or any change in circumference, diameter or radius of pipe or change in materials transmitted in and through said pipe), or is required by any public agency or court order to do so, plans therefor shall be submitted to Licensor for approval before such change. After approval, the terms and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Facilities/Encroachment herein permitted may not presently interfere with Licensor's railroad or facilities, in the event that the operation, existence or maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference (including, but not limited to, physical or interference from an electromagnetic induction, or interference from stray or other currents) with Licensor's power lines, communication, signal or other wires, train control system, or electrical or electronic apparatus; or (b) interference in any manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly make such changes in its Facilities or installation, as may be required in the reasonable judgment of the Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or adjustments to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK, LIABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 To the fullest extent permitted by State law (constitutional or statutory, as amended), Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the construction, repair, maintenance, replacement, presence, existence, operations, use or removal of the Facilities or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, EXCEPT when proven to have been caused solely by the willful misconduct or gross negligence of Licensor. HOWEVER, to the fullest extent permitted by State law, during any period of actual Page 5 of 15 o Item # 32 Attachment number 2 Page 6 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX629438 construction, repair, maintenance, replacement or removal of the Facilities, wherein agents, equipment or personnel of Licensee are on the railroad rail corridor, Licensee's liability hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of Licensor. 9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a result of the rail operations. Notwithstanding Section 9. 1, Licensee expressly assumes all risk of loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment, including loss of or any interference with use or service thereof, regardless of cause, including electrical field creation, fire or derailment resulting from rail operations. For this Section, the term "Licensee's Property" shall include property of third parties situated or placed upon Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of Licensee. 9.3 To the fullest extent permitted by State law, as above, Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area, arising from or in connection with the use of this Encroachment or resulting from leaking, bursting, spilling, or any escape of the material transmitted in or through the Facilities; (b) any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities leakage. 9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss which in any way may result from Licensee's failure to maintain either required clearances for any overhead Facilities or the required depth and encasement for any underground Facilities, whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or joint fault. 9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control, are controlled by, subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail corridor on which the Encroachment is located, and the officers, employees and agents of each. 9.6 If a claim is made or action is brought against Licensor, and/or its operating lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be notified to assume the handling or defense of such claim or action; but Licensor may participate in such handling or defense. 9.7 Notwithstanding anything contained in this Agreement, the limitation of liability contained in the state statutes, as amended from time to time, shall not limit Licensor's ability to collect under the insurance policies required to be maintained under this Agreement. Page 6 of 15 o Item # 32 Attachment number 2 Page 7 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX629438 10. INSURANCE: 10.1 Prior to commencement of surveys, installation or occupation of premises pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of this Agreement, at its sole cost and expense, a policy of Commercial General Liability Insurance CGL , naming Licensor, and/or its designee, as additional insured and covering liability assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily injury liability and property damage liability is currently required as a prudent minimum to protect Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to Licensor, or its designee, prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to Speed Code C907 at the address listed above. 10.2 If Licensee's existing CGL policy(ies) do(es) not automatically cover Licensee's contractual liability during periods of survey, installation, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Licensor, or its designee, may at any time request evidence of insurance purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with Licensor's request shall be considered a default by Licensee. 10.4 Securing such insurance shall not limit Licensee's liability under this Agreement, but shall be security therefor. 10.5 (A) In the event Licensee finds it necessary to perform construction or demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify Licensor; and (b) require its contractor(s) performing such operations to procure and maintain during the period of construction or demolition operations, at no cost to Licensor, Railroad Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured, written on the current ISO/RIMA Form (ISO Form No. CG 00 35 0196) with limits of FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00) aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31 11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to and approved by Licensor prior to commencement of such construction or demolition. Licensor reserves the right to demand higher limits. (B) At Licensor's option, in lieu of purchasing RPL insurance from an insurance company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time of request, the cost of adding this Encroachment, or additional construction and/or demolition Page 7 of 15 o Item # 32 Attachment number 2 Page 8 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX629438 activities, to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual construction. This coverage is offered at Licensor's discretion and may not be available under all circumstances. 10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 11. GRADE CROSSINGS; FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's contractor to move any vehicles or equipment over the track(s), except at public road crossing(s), without separate prior written approval of Licensor (CSXT Form 7422). 11.2 If Licensor deems it advisable, during any construction, maintenance, repair, renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so. 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and expense; and in such event, Licensor shall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. 12. LICENSOR'S COSTS: 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of track changes or wire changes shall also be paid by Licensee. 12.2 Licensor's expense for wages ("force account" charges) and materials for any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request an advance deposit for estimated Licensor costs and expenses. 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under "force account" rules, plus current applicable overhead percentages, the actual cost of materials, and insurance, freight and handling charges on all material used. Equipment rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may, at its discretion, require advance deposits for estimated costs of such expenses and costs. Page 8 of 15 o Item # 32 Attachment number 2 Page 9 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX629438 13. DEFAULT, BREACH, WAIVER: 13.1 The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perform any of said covenants or remedy any breach within thirty (30) days after receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad emergency), Licensor shall have the option of immediately revoking this Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s) having been paid in advance for any annual or other period. Upon such revocation, Licensee shall make removal in accordance with Article 14. 13.2 No waiver by Licensor of its rights as to any breach of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 13.3 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 14. TERMINATION, REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of (a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the Facility from the Encroachment. However, neither termination nor revocation of this Agreement shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party, however, waiving any third party defenses or actions. 14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. 15. NOTICE: 15.1 Licensee shall give Licensor at least thirty (30) days written notice before doing aM work on Licensor's rail corridor, except that in cases of emergency shorter notice may be given. Licensee shall provide proper notification as follows: a. For non-emergencies, Licensee shall complete and submit Licensor's Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904) 245-3692 and (904) 633-3450. Licensee may also scan and email a completed form to email Page 9 of 15 o Item # 32 Attachment number 2 Page 10 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX629438 address: OP_Request@csx.com. A blank form, as well as additional instructions and information, can be obtained from Licensor's web site, via web link: http://www.csx.com/?fuseaction=general.csxp_flag. b. For emergencies, Licensee shall complete all of the steps outlined in Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee shall also call and report details of the emergency to Licensor's Rail Operations Emergency Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee concerning an emergency involving Licensee's Facility(ies), the emergency phone number for Licensee is: 727-562-4960. 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT Contract Management, J180; or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery. 16. ASSIGNMENT: 16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor written notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of all documents attesting to such change or legal succession, within thirty (30) days thereof. 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the Encroachment, upon written notice thereof to Licensee. 16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by giving Licensee or any such assignee written notice of such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur as a result of Licensee's failure to obtain said consent. Page 10 of 15 o Item # 32 Attachment number 2 Page 11 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX629438 17. TITLE: 17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Rail Corridor, and all leases, licenses and easements or other interests previously granted to others therein. 17.2 The term "license," as used herein, shall mean with regard to any portion of the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Encroachment is located otherwise permits Licensor to make such grants to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use or control. Licensor does not warrant or guarantee that the license granted hereunder provides Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee further acknowledges that it does not have the right to occupy any portion of the Rail Corridor held by Licensor in less than fee simple absolute without also receiving the consent of the owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim any interest in the Rail Corridor that would impair Licensor's existing rights therein. 17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and absolutely waives its right to, any claim against Licensor for damages on account of any deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title to any portion thereof arising from Licensee's use or occupancy thereof. 17.4 Licensee agrees to fully and completely indemnify and defend all claims or litigation for slander of title, overburden of easement, or similar claims arising out of or based upon the Facilities placement, or the presence of the Facilities in, on or along any Encroachment(s), including claims for punitive or special damages. 17.5 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for any length of time give rise to any right, title or interest in Licensee to said property other than the license herein created. 17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby expressly waives, any claim of ownership in and to any part of the Facilities. Page II of 15 o Item # 32 Attachment number 2 Page 12 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX629438 17.7 Licensee shall not create or permit any mortgage, pledge, security, interest, lien or encumbrances, including without limitation, tax liens and liens or encumbrances with respect to work performed or equipment furnished in connection with the construction, installation, repair, maintenance or operation of the Facilities in or on any portion of the Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the Encroachment or any portion thereof or any other Licensor property. 17.8 In the event that any property of Licensor becomes subject to such Liens or Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Liens or Encumbrances have been filed or docketed against the Encroachment or any other property of Licensor; however, Licensee reserves the right to challenge, at its sole expense, the validity and/or enforceability of any such Liens or Encumbrances. 18. GENERAL PROVISIONS: 18.1 This Agreement, and the attached specifications, contains the entire understanding between the parties hereto. 18.2 Neither this Agreement, any provision hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or against either party hereto as the sole drafter thereof. 18.4 This Agreement is executed under current interpretation of applicable Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall have independent and severable status for the determination of legality, so that if any separate division is determined to be void or unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Facilities and Encroachment are located. 18.6 If any amount due pursuant to the terms of this Agreement is not paid by the due date, it will be subject to Licensor's standard late charge and will also accrue interest at eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted. 18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including attorney's fees) incurred by Licensor for collecting any amount due under the Agreement. Page 12 of 15 o Item # 32 Attachment number 2 Page 13 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX629438 18.8 The provisions of this License are considered confidential and may not be disclosed to a third parry without the consent of the other party(s), except: (a) as required by statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to Lessees of Licensor's land and/or track who are affected by the terms and conditions of this Agreement and will maintain the confidentiality of this Agreement. 18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total involved is less than One Hundred Dollars ($100.00). 19. RESERVED: 20. RESERVED: 21. RIDERS: 21.1 The following Rider(s) is/are herewith attached and included herein: [X] Telecommunication Cable or Fiber Optic Line Page 13 of 15 o Item # 32 Attachment number 2 Page 14 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX629438 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate (each of which shall constitute an original) as of the effective date of this Agreement. Witness for Licensor: CSX TRANSPORTATION INC By: Print/Type Name: Print/Type Title: Witness for Licensee: CITY OF CLEARWATER By: Who, by the execution hereof, affirms that he/she has the authority to do so and to bind the Licensee to the terms and conditions of this Agreement. Print/Type Name: Print/Type Title: Tax ID No.: Authority under Ordinance or Resolution No. , Dated Page 14 of 15 o Item # 32 Attachment number 2 Page 15 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX629438 COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER therein. This Rider is and shall be a part of Agreement No. CSX629438, and is incorporated I. No construction of any type pursuant or related in any way to this Agreement shall be commenced by Licensee, or by any agent, representative, contractor, subcontractor of Licensee, without Licensee first giving at least thirty (30) days written notice to the following Parallel Cable Occupier(s): ("MCI") ATTN: Investigations Mr. Dean Boyers Worldcom/MCI Telecommunications Corporation 2400 North Glenville Drive Richardson, TX 75082-4354 Phone No. (800) 624-9675 or (972) 729-6016 (NOTE: WRITTEN NOTICE TO MCI IS ALSO REQUIRED) 2. The notice shall be accompanied by drawing(s) showing the general plan, elevation, details and methods of Licensee's proposed construction, and the location of Occupier(s)' cable or facilities in relation to Licensee's proposed construction. 3. Prior to any construction, Licensee must locate and identify, any existing cable, wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing or located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk. 4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as otherwise negotiated between Licensee and said Occupier(s). 5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting, dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from Licensee's exercise of rights or privileges under this Agreement. 6. Licensee shall defend, indemnify and hold Licensor harmless from any such damage claims and any relocation or protection costs of said Occupier(s). Page 15 of 15 o Item # 32 Attachment number 3 Page 1 of 10 IMPORTANT NOTICES Agreement Number: CSX629438 • Your installation may affect an existing fiber optic parallelism/longitudinal located on Railroad right-of- way. Therefore, you must also give notification in accordance with the "Communication Cables or Fiber Optic Protection Rider." * Please note that due to the nature of your project(s), an inspector must be present during construction, in addition to any flagging services. The costs for these services will be billed separately. and are not include[ in the attached Statement of Fees. AGREEMENT EXECUTION * Sign all signature pages in order to execute the agreements. One of the following should apply: Execution on behalf of a CORPORATION Should be accomplished by the President, Vice President or an officer authorized by Board Resolution to execute legal documents on behalf of the Corporation- Ca of Board Authorization should be furnished for anyone si in ether than the. President or Vice President.} If the Corporate name is set out erroneously in the Agreement, the docurnent should be executed and the name corrected and initialed inhere it appears. (Municipal Corporation, furnish copy of such Resolution.) If the Agreement is with a PARTNERSi-M all general members of the partnership should execute the document unless one member of the firm has been designated managing partner or expressly by the partnership to execute the Agreement. (.Furnish copy of such authorityf.) The signature(s) must he WITNESSED by ONE (L) witness i the space(s) provided. NAME(S) and TITLE(S) at person(s) executing,. the agreement must be typed or printed in ink directly beneath signature(s). • A Tax Identification Number is required. Please provide a copy of the Citv's commercial general liability insurance certificate or a letter of self-insured status. Item # 32 Attachment number 3 Page 2 of 10 Page 1 Of 1 CSx Account/Contract CSX 629438 Customer Project No. Statement of Fees Date 5/29/2009 Customer City of Clearwater 100 South Myrtle Avenue Clearwater, Flord-o 33758 Amount Due $ 6400.00 y Total Current Fees 6400.00 c X 1' in € 80 Soo jack- 1- _ JrTh Item # 32 Attachment number 3 Page 3 of 10 If because of State Statute/Law you cannot meet the monetary coverage limits required in Section 10.1 of the Agreement, you must pay the total due listed above, which includes a 50% surcharge in the amount of $750.00, which will be applied towards the RPL payment. If you can meet the monetary requirements of Section 101, you may reduce the total amount due by $750.070. Payment of the surcharge does not waive Section 10.1, it only compensates for less than required monetary coverage. You will still need to provide insurance documentation in accordance with Section 10.1. Item # 32 Attachment number 3 Page 4 of 10 NOW Mlwr?? TRMSPORTA ON FORM CSXT 7455 - Rev, 07/02/2007 (Page 1 of 4) APPLICATION FOR PIPELINE CIAO +'SINGIPARALLELI'?SM All applications are 'to be submitted in accordance with CSXT's Pipeline Specification Package. Failure to strictly adhere to these specifications: will result in delays, additional costs and possible return of your application. Drawings should either be 8%" x 11.", 8'/2" x 14" or 11" x 17" size (refer to Drawing requirement checklist). CSXT reserves the right to approve or decline any application. One original and one copy of this application form, together with plan and profile drawings, and a $750.00 nonrefundable Review Fee are to he submitted to: CSX Transportation, .Inc., Property Services Department, JI80, 500 Water Street, Jacksonville, FL 32202. DA'Z'E RECEIVE, D • No work may proceed on CSXT's right of way until the Licensee has received a fully executed agreement and obtained notice to proceed from CSXT's local Roadmaster or its designee. • Due to future maintenance responsibilities CSXT will not enter into an agreement with a. Developer. It is the Developer's responsibility to coordinate the application with the local governing municipal authority. • No verbal approvals will be granted. No Blasting on/under/near CSXT right of way. No Directional Boring. Application Date: r_ ?.<A ' CSXT File/Agreement Number: ? e s tic4tiaen 3 Pt trat:rtc (l?tni _ f 11c!<h rt rf'a?ri- 'lie°ttrc#4r?r?frl /i .rrturlG rf lr?-11;H rtiltxF ti { lrtfri"'> _' _ p Legal Owner's Cotxt lets Com an Name: City of Clearwater Contact Name/Title: Robert Fahey, PE Utilities Engineering Manager Legal Address: 100 S Myrtle Avenue Ci /State/Zi Clearwater I FlQda 33758 1 Street Address for Overnight Mail (check if same as levirgl address i? : _,_A_ , Ci /State/zi : Email Address. Robert. Faheycr rnyclearwater. com Offiee/Alternate Phone: _ ) _ 727 562-4608 *Emer enr No./Fax: 727 ) 562-4960 727 562-4755- - - --- The ether en number is needed "u-, tl; c: v,, it t, UVIivil4wilt, e failure, etc... T a of 3usiness: (a) Corporation (b) Partnership (c) Other State offnc.: Type: State: i Describe: d)', auT3i Ginality 1 IndividT zl - - 5r?`t???i?t? 2: f.ns>tr??? gt?:?s???u3f.r??#.lr?t`u '? E==fa?rk ?t? r ,J cf„?rr,::?trr?fz?,?6?r?e,/?I?r,.• ???rrflrrrl rr, Efir? t??l?rr ?+ (, ofllpanN Name: '.;t '- r.'i ) r,i.ict Narne/Title: David 0. Wehner, PE iPro1e? r Street Addrt sti for Overnight 1365 Hamlet Avenue ? mm Mail: citvf?.t:tte/T.iw t r it later t ro±;ail ddros: E em'u` tr' ;' .kimcreed.oorrT 1P ho e- 1 r Continued on Page 2... Item # 32 Attachment number 3 Page 5 of 10 FORM CSXT 7455 -- Rev. 07/02/2407 (Page 2 of 4) Application Date: CSXT Tile/Agreement Number: Your Project Reference No.: 't, ?37 Cowered by a Master/General A reement: 4 A eernent No: 5T103630 A roemen.t Date: 9/7/07 Work to be 'Performed b : fal Owner's e io ees _ft Owner's contractor Type oflnstallation IlNew *Revision to Existing - *Attachment to Existin *Upgrade to Existin a * I a revision, attachment or rr acle, ®u m ust provide detailed scope ofproiect. b * for existin crrssin s/ arallelisms, urnfslt cv o t xistin IZR A ee3rrent or Agreement No.: _ Will i eline eoanect to a caristln facili ?vithirr Railroad corridor? Yes RTNo a If es, name of facility owner: h If es, describe and show details on drawing. 5tL'[Ifa1T ^?"?1xt?7hLlilit` ?ifrr:il?calr ? CitylTownlVrlla e:_ City of Clearwater ( Cor nty: Pinef(jq? _a_.___. Rtnte/Proyince: Eh Occupancy Type: F =Crossing Only F-1 Crossing & Parallelism L j Parallel Only (Complete Section A or (Complete Sections A or B & Q (Complete Section Q B) I A. RR Mile ost )i ,Minn for Crossing moan-s ur track *Do m!!a,rre from a DOT sign. Crossing location: 1 47? ft. CN S / F l wt directiion from RR Mllep-t AT, Latitude.,; _ iv 27 58 19 50 Ian nude: E32 :47 :00 .44 If Known: Val ua:y wi Siai.iuia. Valuation _--____-- R ItR Mile ost I,acation far Crnssin s ur track yA *Do not measure from a DOT si . Spur Track Crossing Location: ft. (N I S / E / W) (direction) from RR Milepost: to point-of- switch, then: ft. aloe spur track to crossing location. Latitude: N Lon itwde: W If Known: Valuation Station: Valuation Ma No.: C. RR Milepost Location for Parallelism NA *Do not measure from a DOT si H. Parallelism location Enters CSXT RIW: CSXT R/W: ft. / S / E / W ft. (N / S / E / W) (direction) from RR Milepost: direction from RR Mile ost: , and Exits Latitude: N Lon itude: W - Entrance If Known: Val. Station: Val. Ma No.: ` Entrance Latitude: N Lon itude: W Exit 1f Known: Val. Station: Val. Ma No.: -Exit Crossing LengtErlSegrtaent Parallel Length/Segment €nt Td/W:(} ft. on RR R/W: NA Ft. ........... Will ipelrne be located entirely within public road RIW? Yc3' DOl' Crossin ? ? 'n NOTE. Road name, number$ and width of r,,c ircd on do 1c>;,: . _.:;r:??4 cry lz??•? ?.., Item # 32 Attachment number 3 Page 6 of 10 FORM CSXT 7155 - Rev. 07102/2007 (Page 3 of 4) Application Date: CSXT File/Agreement Number: r= tl fl£i l 5; 1 ?fi ?l? kt 1 ''el)U"flrl`4 v? ?s' '.'1 ic Infij lttllt t(D}j INJOT fiS' it{. m, PIP1+. SPECIFICATIONS: CANER PIPE: CASING PIPE: Substance t be conveyed: Flammable I BFI:pion-Flammable Reclaimed Water N/A Vent erature» Ambient N/A Maximum Worlir? Pressure: 20.0. psi ?':!n Pipe Material: CuOtifl'. !Ton Pioe Steel Material Specifications & Gracie: AWWA 0151 ASTM A139 Grade B Specified Minimum Yield Stren tlr: 42,000 .. 35,000 psi Nominal Size: 24 inch 42 inch Wall Thickness: 0.33 inch 0.625 inch Type of Seam.: Seamless Searrtl ess car sinal 1 i Type of Joints- Mechanical Electro ftD!J fA[c Total Length "Within CSXT RIW: 60 LE 60 LF If Tunnel Liner Plates: Attach manufacbirPr'c Mann dmnii nnri e.nmrn1t;4tinnc that inr.hifie nlato. th;cKalr dnd gauge. Location of Shut-Off Valves: 38-ft north and 440-ft southeast of track center line Number ofM9nkeles aruraruer ui viliCI; crestrX??e: Manholes shall be flush with to of round and dimensions of ancill structures are required on drawing, Method of Installation: (a) .Xi Bore _& Jack b?Other: Protective Coating: X Yes No Cathodic Protection: ? Yes 71 No Type: Temporary track support or rips X No re uired . lames, describe and show details on drawinL,_ Division. Subdivision: t - No. ofCrossixt c: Val. Section/Ma No.: Absolute Ma No.. PIN No., Roadmaster Code: Parcel No.: Contract Type: _ Fiber: Val, Station (Crossing). Mile ost No. Crossin : , x `dal. Station Parallelism : From: To: mile ost No. arrtrllelzsrr : Frorta: To: Mile ost No. (Spur Track : , then ft. along spur track s to crossin location. Shortline Lease Corridor: Yes 1\10 ? Shortline Lease A mt. No.: "rack Sold to Sltortlinc: Yes ? - Ito Inspector Required: L. Yes NO Yes 1_::. ` Q En g. A royal Letter: Pro'ect Mann er Approved b Comments; FOOT Ent!. Approval Ltr.: Title: Title: _ ,o [ } Yes Continued on Page 1,.. Item # 32 Attachment number 3 Page 7 of 10 FORM CSXT 7455 - Rev, 4710212007 (Wage 4 of 4) CSXT DRAWING REQUIREMENTS FOR PIPELINE CROSSING/PARALLELISM NA NA NA NA NA Application Date, Agreement Number, All information and measurements are to be clearly labeled and shown on all drawings. All drawings are to be submitted with CSXT's pipeline occupancy application form file,. 7455. Failure to strictly adhere to these requirements may result in delays, additional costs and possible return of your application. Drawings should either be 81° x 11, 8Y," x 14" or i V x 177'size. CSXT reserves the right to approve or decline any application. Cray or monochrome scale required. Aerial photos must be separate from the drawing. All applicable boxes must be checked (Note: Metric Information will Wrbe accepted.) El Legible Drawing(s) size &'12x11, 8f x14 or'I1x17, Overall plan view for parallelisms North Arrow Title block with owner's legal name, drawing number and date. gj Now pipellne'in bald limes. ® distance and direction from CSXT actual milepost monumentlmarker (not the DOT sign at the road crossing). Distance and direction from nearest track and public road intersection. ©, Public road right-of-way lines (if within the confines of a public road crossing). CSXT right-of-way lines relative to centerline of adjacent track(s). Ja Width of CSXT right of way. A Angle of crossing at track(s), and number of tracks crossed. A Plan View, cross-section and profile of casing and carrier pipes. ® Points where pipeline enters and leaves CSXT's right-of-way. j? Total length of carrier and casing pipe within CSXT right of way. Cross-section of track at encroachment, including relevant dimensions. Depth/minimum cover of casing pipe measured from: 0 Top of pipe to bottom of raft CI Within the right-of-way but not beneath the track(s) Ct Below any ditches Description of Casing Pipe End Seals n Measurement to any manhole(s)tother(s) from nearestladjacent track(s) and milepost, Size and location of Vent pipes on cross section/profile drawing (for flammable substance wifh sealed using pipe), E Location of shut off valves: (a) Crossings: No further than 2,€ 00 feet from centerline of wrest track; (b) Parallelisms: Within 2,0 DO feet of entrance and exit point of CSXT right-of--way Lacation of any CSXT signals f inl equipment, read crs5ssin^ wam[ng devji -es, pc'--, prat, Roca, bridges, ar-1 any other facilities relevant to the pipeline ?]M the location of the FIl rrir r; Locat-r;r, r pos tlpe r C`,D. A r'? orgreater. t®7 e Drsta+ i r-. ;ctr res, rabstrta trcar ,, `.'. df lface of t.dURChfigg & i",';r L I f, ?F r Ir3r` f ?;'I'r i I 1 .` .Ir 1 It l - '.li E P?7i aunchinoPitand Pit !-),,.V l affirm that i 11la laws € r rr gulati€ e r I ilea prcpc, r r ;: araires!?rn ;ht w way. Applicant's lgnat r?; Item # 32 ? v Attachment number 3 m as f Y. j } 0 ?z 0 r V 3 j X ` y? ply >M oz ??++ zM € z k? € S 0 ?."_y$ 3 Cr 3 I_ 4 r 1 ?B t vr?esec;,eiv ? ?ttrv _ ms `s 24" E _ -.? r _ "mow -` W l $a i 4 k g y A Item # 32 Attachment number 3 i3 3 s? 1 1 w C i f i s _ ?I 0 0 -< Ln M ! z0 rl> c O rn >> Item # 32 Attachment number 3 I? - i fly .ti 3 0 .0 z :T1 tf1 p En C C -i E ? R r L ? a Item # 32 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Update on Beach Parking Garage Negotiations SUMMARY: Meeting Date:6/18/2009 At the May 7, 2009 City Council meeting Council directed City staff and the principals of the two proposed beach parking garage parcels owned by Surf-Style, Inc. and Mainstream America, Inc. respectively, to meet and complete negotiation of "best and final" term sheets for presentation to the Council in 30 days. Given the Council meeting schedule, the June 18th meeting was the most practicable date for a report. The Council indicated at the May meeting that they wished to be in a position to choose a preferred development partner at that time, after reviewing and discussing the "best and final" term sheets within the context of the policy and financial guidelines established by Council for the project, and authorize staff to proceed with negotiation of implementing documents with the preferred developer to enable a beach parking garage to be constructed as soon thereafter as practicable. Staff has met with both development teams in an attempt to refine and conform their proposals as close as possible to Council expectations. To summarize, Mainstream America is proposing a joint development with a retail component and 50 parking spaces to support that retail owned by Mainstream America. The City would acquire initially, through purchase and condominium ownership, 300 parking spaces at a cost $33,000 per space. After the expiration of the Hyatt development agreement parking restriction, the City would have the ability to purchase up to 200 additional spaces at a $37,000 per space price. In the interim, Mainstream America would own the latter spaces. The "blended" cost o the City, should they ultimately acquire 500 spaces, would be $34,600, with a total cost of $17,300,000. LOM Inc., on the other hand, proposes to construct, finance and own a 30,000 square foot retail/commercial project, combined with a 300 space parking garage. The parking would be privately owned and operated, but available at all times to the public and built to City parking standards. The agreement would provide that if LOM were to default on their financial obligations to their bank for the parking structure portion of the project, during the first 5 years of operation, the bank could foreclose on the parking garage and require the City to acquire the parking garage at a "put" price of $9,300,000. Should the "put" option be exercised, per space cost to the City would translate to $ 31,000. While staff has met with both proposers and the negotiations have produced term sheets in both instances, staff continues to have concerns about various components of each proposal which, in discharging our fiduciary duty to Council to fully disclose issues/concerns about the proposals, we are delineating as follows: Mainstream America Proposal The Mainstream proposal indicates cost per space sale to the City of $ 33,000 per space for an initial 300 spaces, and $37,000 per space for additional spaces in 2015. This pricing is not supported by the land value established by two land appraisals conducted for the City in the past six months, combined with estimated construction costs per space established by the City Engineering Department and confirmed by our parking consultant who independently established construction cost parameters. Utilizing the latter land values and construction cost estimates, a reasonable and appropriate cost per space would fall in the $28,000-$29,000 range. This estimate includes a 3% developer fee and is based upon the highest possihleland value calculation in the two city appraisals (2.9M). Other less robust land value appraisals would have significantly lowered the per space value, based on diminishecb ?y . Mainstream America is basing their proposal upon the commercial value of the land as "highest and best use". 1-1csffr#033City is acquiring a condominium interest for use as a public parking facility, not a commercial development, and the land valuation basis is significantly different. We note, additionally, that under the Mainstream proposal, as staff understands it, Mainstream would retain the development rights on the entire site for use as they develop the overall project. This "captures" additional commercial value off the City condominium interest which staff does not believe is appropriately reflected in the price to the City. There are additional economic benefits generated by this proposed public/private partnership that staff believes should be reflected in a lower price point to the City, such as a possible "flex down" of required retail parking ratios due to proximity to a public parking structure; apportioned cost for common elements of the facility that the developer would otherwise have to fully underwrite, etc.. At this time staff does not have conceptual agreement with Mainstream on a garage design that could meet "City" criteria for our acquisition and operation as an acceptable City parking facility. The design submitted to the DRC for review was not accepted by City staff for use as a "City" parking facility, either in previous or current negotiations, and includes elements that would adversely impact the success of the structure as a parking garage. We have preliminarily discussed alternate arrangements with Mainstream, but no agreement has been reached. This introduces an element of uncertainty that could affect the ability to reach successful agreement, although Mainstream has indicated flexibility in developing a concept that would incorporate the requirements for a "City" facility. The Mainstream America proposal has been developed and conceived within the broader context of maintaining "contiguity" of the three parcels recently acquired from iStar, with the intent of maximum application and movement of density across the parcels. This would benefit Mainstream in consolidating density on the parcel abutting Beach Walk to maximize development potential on the most valuable parcel and may affect development on the additional parcels (as well as the Beach Walk parcel). Staff is concerned that any agreement reached with Mainstream America not be construed in any way as entitling any development approvals on the primary or additional parcels. Matters of use, density, intensity, including use of hotel units from the density reserve for the additional parcels, would be subject to subsequent review and approval of site development plans pursuant to the Community Development Code and Beach By Design. In addition, development agreements would be required for any development which utilizes density reserve units. No guarantees of future use, density or intensity of development can be assumed from acceptance of a term sheet for this project. LOM, Inc. Proposal The LOM proposal is based upon FEMA approving a map amendment to change the flood zone for the property from VE to AE, thus allowing the construction of 30,000+/- square feet of retail on the ground floor of the structure to enhance the commercial performance of the project. LOM, Inc. seeks to support their FEMA map change by proposing construction of an 18" "knee wall in front of the project site on City Beach Walk property, which would have to be approved and supported by the City. LOM has estimated that the FEMA process could take 6-8 months (and could extend longer, in staff opinion), and while they believe the likelihood of success is high, approval is not assured. Should the FEMA application fail, LOM plans to apply to the Clearwater Flood Board for a variance to allow the use. Staff feels that the FEMA application is not assured, and Flood Board approval following a FEMA denial would be uncertain. LOM has been unwilling to unconditionally agree that they would proceed with the project if both avenues to allow the permanent retail are unsuccessful, as the City Council had requested at the May City Council meeting. Thus, under the LOM proposal the City Council could face the possibility that at the end of the FEMA process, extending a possible 8 months, LOM would withdraw from the project and the City would have no beach garage project. Assurances should be sought from LOM that they would proceed if Council cooperates with the time delay for the FEMA application. Staff is concerned that any agreement as proposed with LOM should include language/assurances that the garage be constructed, operated and maintained by LOM to City standards. Should the City be required to assume ownership of the parking structure under the "put" option, the City would want a structure that is in good operational and structural condition. City staff will be available at the Work Session and Council meeting to answer any questions or provide clarification about either proposal. Review Approval: 1) Clerk Cover Memo Item # 33 Attachment number 1 Page 1 of 1 U .i G1 Q fC G1 N fC U C? C 0 J O N O O O O O O O O O O O O O O O O Q M Co O CO M ) OM (6 a+ O O O W i ,- O O Q N N O C O M O (6 (6 a a M Ln O O M N O O N O O O O O O O O r-I O M O M Ol G1 U M Q N qj)- qj)- G1 U fC ? N C V O O V H C O ? Q O 4- N 7 d>-+ a C O i _ (n E M > 6 f6 U C M =C N C O X O M M ri N Item # 33 z O a w J W (n W Attachment number 3 Page 1 of 4 TERM SHEET LOM - Clearwater Beach Proiect THIS TERM SHEET IS INTENDED SOLELY AS A PRELIMINARY EXPRESSION OF THE GENERAL INTENTION OF THE PARTIES AND IS TO BE USED FOR DISCUSSION PURPOSES ONLY. THE PARTIES INTEND THAT NEITHER SHALL HAVE ANY CONTRACTUAL OBLIGATIONS TO THE OTHER WITH RESPECT TO THE MATTERS REFERRED TO HEREIN UNLESS AND UNTIL DEFINITIVE AGREEMENTS HAVE BEEN FULLY EXECUTED AND DELIVERED BY THE PARTIES. THE PARTIES AGREE THAT THIS TERM SHEET IS NOT INTENDED TO CREATE ANY AGREEMENT OR OBLIGATION BY ANY OF THE PARTIES TO ENTER INTO DEFINITIVE AGREEMENTS. Parties: L.O.M., Inc. ("LOW) The City of Clearwater, Florida (the "City") Property: 315 S. Gulf View Boulevard, Clearwater, Florida 33767, as more particularly described on Exhibit "A" attached hereto. Proj ect: LOM will construct a five-story commercial condominium building on the Property that will consist of the following: 1) Commercial Unit: A 30,000+/- commercial unit on the ground floor consisting of approximately 25,000 square feet of retail space and 5,000 square feet of restaurant space, together with a delivery area and approximately 47 parking spaces for employees on the ground floor and second floor of the building (collectively, the "Commercial Unit"). 2) Parking Unit: 300 parking spaces located on the 2nd through 5th floors of the building (the "Parking Unit"). Responsibilities The City and LOM agree to the following: and Conditions: 1. Title: LOM shall own the entire project in fee simple. 2. Construction: LOM shall administer and manage the design and construction of the Project, including all permitting. LOM shall prepare the required zoning and site plan drawings and applications for processing through the City. The City agrees to facilitate, coordinate the review of and process the foregoing applications and required permits on an expedited basis. Conceptual design plans of the Project and the City's standards for City parking facilities will be attached to the definitive agreements. Any material changes to the Project from the design reflected in the conceptual design plans attached to the definitive agreements which cause the Parking Unit to fail to conform with the City's standards for City parking facilities shall require the approval of the City. 3. FEMA Map Revision: LOM is currently processing a letter of map revision with FEMA to change the flood zone for the Property from VE to AE. The City agrees to fully cooperate with FEMA requirements in order to accomplish the flood zone change, including without limitation any requirement for the construction of a so-called "wave dissipating wall" on v6 MIA 180, 268, 994 Item # 33 Attachment number 3 Page 2 of 4 the City property lying west of the garage (if required). LOM will pay all costs associated with the letter of map revision and wave dissipating wall, if applicable. If FEMA does not grant the flood zone change, LOM will pursue the original design for the Project as previously approved by the City planned to VE flood zone standards (revised, however, to include approximately 350 parking spaces). In such event, LOM will work with the appropriate governmental authority, including the City's flood board (if applicable), to allow the contemplated retail and restaurant operations on the ground level of the Property. 4. Financing: LOM intends to finance the Project through third-party construction financing secured by (a) a mortgage and security agreement encumbering the Commercial Unit and Parking Unit, and (b) a "put" agreement with the City, pursuant to which the lender will have the option to require the City to purchase the Parking Unit for a purchase price of $9,300,000 if the lender forecloses against the Project following an event of default by LOM. Any construction financing will be guaranteed by Surf Style Retail Management Inc. 5. Vacation of ROW: The City shall consider vacating the 35 foot right-of-way parcel leading to the promenade that lies directly west of and contiguous to the Property. If commenced by LOM, the vacation of the right-of-way will be processed concurrently with the site plan for the Project. The vacation, if granted, may be conditioned on construction of the Project and may become null and void if the Project is not completed. 6. Public Parking Covenant: The Project and any future development on the Property will be required to include public parking consisting of not less than 300 parking spaces to the extent lawfully permitted, provided that the City issues a license or permit to the fee owner of the parking area (or its designated parking operator) to operate public parking. General LOM and the City shall work together in good faith to enter into definitive Provisions: agreements for the Project, which will include a put agreement for the Parking Unit, and may include a development agreement, a condominium declaration and other condominium documents, a tri-party agreement among the City, LOM and LOM's third-party construction lender, temporary and/or permanent easements, and certain other documents granting, assigning and/or vacating property rights. Agreed and Accepted: Attest: THE CITY OF CLEARWATER, FLORIDA By: Title: Mayor v6 MIA 180, 268, 994 2 Item # 33 Attachment number 3 Page 3 of 4 By: Title: City Clerk Approved as to form: By: Name: Pamela K. Akin Title: City Attorney Agreed and Accepted: L.O.M., INC. By: Name: Title: v6 MIA 180, 268, 994 1 Item # 33 Attachment number 3 Page 4 of 4 Exhibit "A" The Property v6 MIA 180, 268, 994 Item # 33 'I Ids .? ? I' ?? II _i ? III I? i ? f `y Fes, !j I r L d. ?1 ?I I I I ''I'C'I III II I LI d? I VIII ?? ? II L IIi I F II I II ;I I I I I I I I I I II{III I I I I i I I!! i? I ICI II II ih i II III IIII !{ III it II Ilk III I I I I I I I I II I I I I I I 111_ ?5,? ? ? ?, I ? ? ? 1 - i i r? i r 1_- i i I I - I I I i i I i? i i i i i i i I i ?? i !,? I I I I I i i i I I li I I, ,, i 7, s „ i r i i II ?I ?' ?' ? I i Attachment number 5 Page 1 of 1 315 S. Gulf View Blvd, Clearwater Beach. Mix Use Protect: Commercial Unit of 25,000 square feet Retail and 5,000 square feet Restaurant and Parking Unit of 300 Public Parking Garage. 1. Council Approval of term sheet- 6/18/09 2. Submission of FEMA Letter of Map Revision 6/12/09 3. Submission of DRC application -8/3/09 4. DRC Meeting 9/3/09 5. CDB Meeting 10/20/09 6. FEMA Approval of Letter Of Map Revision By 10/30/09 7. CDB Final approval 11.3.09 8. Submission of detailed plans for permitting 11/5/09 9. Plan review and permits by the city of Clearwater- estimated at 2 months 10. Commence construction on 1/15/10 11. Construction Period is estimated to be 10-12 Months 12. Construction Substantial Competition and receipt of C.O by 2.15.11 Item # 33 Attachment number 6 Page 1 of 5 MAINSTREAM PARTNERS VIII, LTD. CITY OF CLEARWATER PARKING GARAGE TERM LETTER DATE: June 1, 2009 STRUCTURE: A multi-level concrete parking garage consisting of approximately 500 parking spaces with retail at grade. SITE: To be constructed on a .93-acre site located on 5th Street, between Hamden and Coronado on Clearwater Beach. SELLER: Mainstream Partners VIII, Ltd. ("Mainstream Partners") PURCHASER: The City of Clearwater ("City") SPACES TO BE PURCHASED: City will purchase 300 parking spaces pursuant to a Contract to Purchase to be executed by City and Mainstream Partners; The Contract to Purchase will grant the City an Option to Purchase additional parking spaces, estimated to range from 185 to 210 additional spaces. SPACE IDENTIFICATION: The first 300 parking spaces to be purchased by City will be located directly after the first 50 spaces which will be reserved for the retail use, most likely starting on the first level of the parking garage. These 300 spaces will be contiguous spaces. The location of these 300 spaces will be determined after the recommended design/layout by the City, which advised each floor would have approximately 110 spaces per staff's parking consultant. Mainstream will have its engineer and Item # 33 Attachment number 6 Page 2 of 5 architect design the parking garage for the City's approval. The Contract to Purchase will provide for the ownership of these parking spaces by the City and Mainstream through the establishment of a condominium. PURCHASE PRICE: First three hundred parking spaces: The price of $33,000.00 per space; Additional parking spaces: The price of $37,000.00 per space CONSTRUCTION COSTS: Of the total contribution City will pay against the costs of the Parking Garage's construction, City will pay the first Two Million Five Hundred Thousand Dollars to Mainstream Partners, in accordance with the following schedule: 30% site completion: Five Hundred Thousand Dollars; Piles on site: One Million Dollars; Precast on confirmed order (to be more fully set forth in Contract to Purchase): One Million Dollars. The remainder of City's contribution to the costs of construction will be paid to Mainstream Partners at Closing in accord with the Contract to Purchase. CONDITIONS: The City and Mainstream Partners acknowledge that much further effort will be required including but not limited to the approval and execution of. a Item # 33 Attachment number 6 Page 3 of 5 Development Agreement; a Contract for Purchase; an approval as to the design, functionality, management, and operation of the Structure; documents as to creation of a condominium and, in particular, pro-rata sharing of and appropriate division of the obligation for costs of management and operation; and ultimate approval of plans. Mainstream Partners agrees that development of the site will be in conformance with and pursuant to plans to be submitted to City and subject to approval by the Community Development Board, and/or the DRC, as required, as well as approval by the City Council, as Purchaser, for the construction of an approximate 500-parking space facility. The parking spaces to be used by Mainstream Partners shall be utilized solely to meet the development requirements of the adjacent project(s) of Mainstream Partners, and/or for additional retail/public parking. MANAGEMENT/ OPERATION: Either by way of agreement or as part of the condominium documents, the City and Mainstream Partners must address how and by whom the Structure will be managed and operated. The issues will range from daily operation of the Parking Garage, to maintenance, repairs, budgeting, contracting for services, inspections, routine decision-making, and what matters should be reserved for decision to both the City and Mainstream Partners. Mainstream Partners has no pre-set beliefs as to how management and operation should be addressed and, further, knows that the structure of this arrangement between the parties must live within the context of those special legal requirements of the City as to operations, management, and implementation decision- Item # 33 Attachment number 6 Page 4 of 5 making. Mainstream Partners is receptive to the City's needs and concerns. Whether these various functions are performed by the City or Mainstream Partners or via a joint effort or through, in part or in full, contracting with outside management and/or service organizations is open for discussion. DUE DILIGENCE: The City of Clearwater may conduct any due diligence tests and feasibility studies as the City deems necessary. ESTIMATED DATE OF COMPLETION: Eight (8) months after permit approval TIMELINE: Construction shall commence within thirty days after City's approval of the necessary documents, in particular, the Development Agreement, Contract of Purchase, and Construction Plans with issuance of all necessary governmental permits and authorizations. An eight-month construction period is anticipated. CLOSING: The Closing of the purchase of the 300 parking spaces by the City shall occur no later than ten (10) days after the issuance of a Certificate of Occupancy for the Structure. The potential Closing Date of the additional parking spaces, if the option is exercised by the City, shall be as provided for in the agreement with the City. APPROVAL: This Term Letter is a non-binding document for negotiation only. Neither Mainstream Partners nor the City shall have any legal obligation to the other unless and until the Development Agreement and Contract of Purchase is approved by the City Council and is fully executed by authorized representatives of both the City and Mainstream Partners. Item # 33 Attachment number 6 Page 5 of 5 EXPIRATION OF TERM LETTER: Anything to the contrary notwithstanding, in the event Mainstream Partners and the City do not execute this Term Letter by June 19th, 2009, the Term Letter shall be deemed expired and of no further force and effect. CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Approved as to form: Attest: Pamela K. Akin Cynthia E. Goudeau City Attorney City Clerk MAINSTREAM PARTNERS VIII, LTD. By: Antonio Fernandez Item # 33 A Attachment number 7 Page 1 of 2 FLOOD ZONE (EL 13) F??Q 70NE V! (EL 14) d 0 N I'l W h H FIGURE .A CONCEPTUAL DESIGN OF PROPOSED WALL 315 S. GULFVIEW BLVD, CLEARWATER, FL Item # 33 ?l• ZONE (EL 14)- Attachment number 7 Page 2 of 2 ZONE (L 13) -.,,, REVISED AREA NEW ZONE 1- .- r J { 7f 1 ?f I 4? v cc I z1 NOT TO SCALE FIGURE 31 FEMA - PROPOSED REVISED FLOOD MAP 315 S. GULFVIEW BLVD, CLEARWATER, FL Item # 33 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Reclaimed Water Availability Fee SUMMARY: Meeting Date:6/18/2009 Review Approval: 1) Clerk Cover Memo Item # 34 L r L 2 O O r O ?t C' \ \ In GU O C) Lo CO 0 LO Cr) r Cfl O d I° I f? Lo Lc ? CV 00 G L N c T- W (37 O - ® Lo O P 00 ti U) 69- M d O 00 N U = 61} 60- - Yt m W UL. C A? W N ca m N N X?4/3 LL V .O L CL ^L, W V NW b1? O IL a Ca d O O co o \ O U O ® 00 ° 0 00 ti O ?, o `t rn co r O E ti ® N co I`CO - LO co 0 0 (j O CO I- CO fd a L u 61)- 6 N EH V _ E a 0 0 ' O o \ O O C) p O ® `d co O Lf') CO I:T O m V t U ) O 000 CD d' C`7 L.." O LC7 0 cli N Lo ? co 0 64 69- O tl) O d o o ® ® O d T ' N d C) O 1 c? N O V O ' N N 11, N O M O 6j 00 M I O O CV 7 (0 Lo - 00 - 00 0 ) N ?. h- (fl O 00 T 00 r r T- O 60? ff} 64 C on, d 8m 0 0 0 0 o C:) ® O r 00 (D co O a C R (,U' O a = Lf) d 0 O O N ? N 0 N d ® M 00 OCy d M ? • '? CI 0 Tl- -o 5 M d E C G N i C) CJ cri O CD C,4 o L a o ' U C) z a) LL O - M C'4 o O 0 0 0 O -O t15 O ' to O U O O M co N U a) i U C CE U O w ° RS 0- ON c> ? N N U) D U C: a) c O U CJ U) 4= O ® > j O a- O v- O CU U a) c U) 0 U) ® O U a) E- L U a) LL' 1 (ll m (D N C SO U G U N m O N _ N U E o c O qj •N u .- + O D Z ? Z M J _1 m a) CL c 0 p Lu 6 0 Q O CL d IL O U O U O U c Q c Q O C U L a? a) 0 0- 2 Q. U O c 0 0 U co O ca O Q N O ? b o m 0) o 0 o i 6 ? CD m a`? z C _0 Q ? o E co m ?n 3 O -O u0 3 co co 3 X D a ) a) D 0) a) 0) U- m D O : O C) y O E U O O O -0 N D N N J ? c O C N -0 C 00 p O m U N N O U) O O O Q) E 3 °' m o o c m co o U c w p r 0 ov co 0 U .? ?[7 N O m E9 N o U o E II o o m m U) ro ? a? m c '0 Q s O aci m o (D m o c O O U a3 o o O N U U ? m N co V 'IT co it () Attachment numb?r 1 Pa-A f9 Summary Comparison Monthly Cost Annual Costs Shallow Well - 30' $19.22 12 $232.00 (electrical + investment) Reclaimed Water $ 22.50 12 $270.00 (10,000 gal) Lawn Meter $ 85.23 12 $997.09 (10,000 gal) Summary Comparison Monthly Cost Annual Costs Deep Well - 100' $41.77 12 $501.25 (electrical + investment) Reclaimed Water $27.90 12 $334.80 (20,000 gal) Lawn Meter $164.49 12 $1,973.89 (20,000 gal) Item # 34 Attachment number 1 Page 3 of 9 WELLS A. Shallow Well Basic System - Investment Cost Power Unit and Pump - 30' 1/2 Horsepower/3PH Electric Motor & Pump Pipe Valves, Fittings, Concrete Electrical Connection Miscellaneous Years Useful Yearly Initial Cost Life Depreciation $1,700 20 $85 $300 20 $15 $200 20 $10 Total $2,200 $110 Months Annual Costs 12 $122 $232 Electrical Cost (KWH - 90 p/month) $10.05 (Well depreciation) 9.17 $19.22 Progress Energy Rates ( $.05569+.056 Fuel charges= $.1117) WELLS B. Deep Well Basic System - Investment Cost Power Unit and Pump - 100' 1 Horsepower/3PH Electric Motor & Pump Pipe Valves, Fittings, Concrete Electrical Connection Miscellaneous Electrical Cost (KWH - 180 p/month) (Well depreciation) Years Useful Yearly Initial Cost Life Depreciation $4,700 20 $235 $300 20 $15 $200 20 $10 Total $5,200 $260 Months Annual Costs $20.10 12 $241 21.67 $41.77 $501 Item # 34 Attachment number 1 Page 4 of 9 Lawn Meter Monthly Cost Months Annual Costs A. Installation tap ($305) $1.27 240 $15.25 Usage 10,000 gallons Base Charge $4.86 12 $58.32 Usage (0-2,000) $11.84 12 $142.08 Usage (8 x $8.14) $65.12 12 $781.44 Total $85.23 $997.09 Lawn Meter Monthly Cost Months Annual Costs B. Installation tap ($305) $1.27 240 $15.25 Usage 20,000 gallons Base Charge (0) $4.86 12 $58.32 Usage (0-2,000) $11.84 12 $142.08 Usage (2- 20,000) $146.52 12 $1,758.24 Total $164.49 $1,973.89 Item # 34 Attachment number 1 Page 5 of 9 Reclaimed Water Monthly Cost Months Annual Costs A. Installed at Construction $0 $0 Availability Fee $17.10 12 $205.20 Usage - 10,000 GPM $5.40 12 $64.80 Total $22.50 $270.00 Reclaimed Water Monthly Cost Months Annual Costs B. Installed at Construction $0 $0 Availability Fee $17.10 12 $205.20 Usage - 20,000 GPM $10.80 12 $129.60 Total $27.90 $334.80 Item # 34 LO LO CD ? 0- •? 00 ?- Cad 00 C'7 Cal CSJ m N N 00 C) \° C\l O C~`?I C LO Alma C) 00 U 10 (Y) = r c1r) ?`^ r-- CY) N ?-- C D CY} N \° Lr) ? ? F+ P-- co CD LO Q Cfl N (Y) CD c? (Y) C'7 N ® Lf) ' _ Q 0 ) Lo LO OD LO N w Q N ?- LO (.0 LO 0 - (D U') o) QO J V "t 00 . Q 0 C? N W ? a z LL Q) CL w W E w U) °6 0 a) - () a E Q 'IT co it aa) 0 ti 6q O _ O I- o O Ai M O > 09 U. U) O O U) N N N N d > 00 OD r? a d Lf) LO L ? 60? 00 0 O 0 o 0 (N r- C\j 00 _0 L (1 r y to O dNT' LO Q m ca Ef} ta U N ry o co CO N `n i v O c\ c O N L L . O U) H ® U- 4- Q Q 22 < 'IT C7 it N Attachment number 1 Page 8 of 9 Water Consumption for 10/1/2007-9/30/2008 Routes included: Number of Number of Customer Type ERUs Accounts C/1 - Hotel/Motel 91 48 C/2 - Business 60 63 C/3 - Hospital 5 5 C/4 - Lodging Houses 1 i C/6 - Restaurant 7 7 C/9 - City of Clearwater 107 108 C/C - Church 36 13 C/G - Government - Other 5 5 C/N - Non-Profit 4 4 C/S - Public School 3 3 R/1 - Single Family Dwelling 1,569 1,680 R/2 - Duplex or Two Units, Single Meter 63 33 R/3 - Triplex or Three Units, Single Meter 27 9 R/4 - Apartments, Multi-Family, Single Meter 1,179 49 R/5 - Condominiums, Multi-Family, Single Meter 2,352 57 R/8 - Retirement-Nursing Home,ALF 223 2 R/G - Multi-Family Housing Authority 277 3 R/L - Single Family Res, Landlord Acct Holder 78 85 Totals for Service RWTRM 6,087 2,175 6,087 2,175 6/18/2009 9:26:28 AM Number of Service Consumption Consumption Locations Type UNITS GALLONS 48 RWTRM 24,831 18,573,588 59 RWTRM 298,518 223,291,464 5 RWTRM 5,597 4,186,556 1 RWTRM 11 8,228 7 RWTRM 3,447 2,578,356 107 RWTRM 213,393 159,617,964 13 RWTRM 12,708 9,505,584 5 RWTRM 272,092 203,524,816 4 RWTRM 63,278 47,331,944 3 RWTRM 3,083 2,306,084 1,564 RWTRM 389,801 291,571,148 33 RWTRM 7,942 5,940,616 9 RWTRM 1,335 998,580 49 RWTRM 38,434 28,748,632 56 RWTRM 70,383 52,646,484 2 RWTRM 38,541 28,828,668 3 RWTRM 4,499 3,365,252 78 RWTRM 19,641 14,691,468 2,046 1,467,534 1,097,715,432 2,046 1,467,534 1,097,715,432 Item # 34 Attachment number 1 Page 9 of 9 ?rf Fv ?007 Y 2014 F j 7 '03) } I i1 ( $13,92 W,822,? 11 150% IrIt£:(ec, , Cov Cinci CC $1,149,627 $2,875,197 A( 5,550 '13,476 143% I coy, 7 $1'3 ) count F arg Pr ) 4 a I Item # 34 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Vacant, Foreclosed, and Abandoned Properties - Mayor Hibbard SUMMARY: Meeting Date:6/18/2009 Review Approval: 1) Clerk Cover Memo Item # 35 J 0 A11 0 LO co it E N ?A Y ??? 1?1 "'il I? ? ? gds ? l 1 t!?:J.,• l s? 1 II ` y--? 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Sn' U) N E N cu O • 4.; V L O N -0 4-J N ? 4-) E O •? L E L ? V V J Q > 0 LO co it w O a--) a--) V a--) ' • 4 J fo C L LL O 4-J U u? 4) V O fo O O .? -0 O Q 4.1 M U a, z ? :3 a? ra ra C: - - oS O fo 0 4-J C (1) C: Q L. :3 O O O ro 4-) 0fo 4-J ) u Q V cn L. ? O O U O O' z cn O :3 ra E U LO co it E a> C ru 0 V fa N ? O II ? V ? o ru -0 T O C ? ? V Q E ru O O E II (1) w O V O W Q 0 L 0 L L. m ru LO co it aa) M w 0 O L lYl ? IN IN r) ON O Oil Q O L N ? -p (6 UP) i V Q U 1406. (n l0 N M 7D M ru i& F--- 0? C: U cn v c ru 00 0 (1) 0 0 001 LL M 0 0 LO C7 it E c U C j O C ? U rU 4.,,j Q C: L'. M O Q Q Z C?L O V L 073 ru e .C: ru L '0 fu 0) L ? ru 0) N C: U.T 0 0 0 0 Lr) o ? a? 0 4- 0 •? o ru U Q lft? L N U) V L. 0 LO co it E a> J 0 A11 0 LO co it E N City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Meeting Date:6/18/2009 Review Approval: 1) Clerk Cover Memo Item # 36