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07/16/2009 - City Council Agenda Location: Council Chambers - City Hall Date: 7/16/2009- 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 Branch Post Offices Update - Postmaster Bill Bishoff Attachments 4.2 WiFi Hotspots - Brighthouse A ttarhmantc 4.3 Clearwater Housing Authority Quarterly Update - Bob Aude, Chair Attachments 4.4 Clearwater Veterans Alliance -Bob Swick, President - 1st Annual Flag Day Ceremony Award Attachments 4.5 Presentation of Sportsmanship Awards. Attachments 5. Approval of Minutes 5.1 Approve the minutes of the June 18, 2009 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.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 Amend the City's Local Housing Assistance Plan for State Housing Initiatives Partnership Program (SHIP) Fiscal Years 2009-2012 to add a new state required affordable housing strategy known as the Florida Homebuyer Opportunity Program, supporting the first time homebuyer $8,000.00 tax credit through the American Recovery and Reinvestment Act of 2009 and adopt Resolution 09-28. Attachments 7.2 Approve the City of Clearwater's Fiscal Year 2009-10 Consolidated Action Plan, to carry forward the goals and objectives set forth in the Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the FY09-10 Consolidated Action Plan. Attachments 7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 2383 Dora Drive (Lot 13, Rolling Heights in Section 7, Township 29 South, Range 16 East); and pass Ordinances 8071-09, 8072-09 and 8073-09 on first reading.(ANX2009-04008) Attachments 7.4 Continue until August 6, 2009 the approval of amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and to address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights, and pass Ordinance 8043-09 on first reading. (TA2009-01002) Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 7909-08 on second reading, amending the Zoning Atlas of the city by rezoning certain property whose post office address is 1241, 1261 and 1281 Gulf Boulevard, from business (B) to tourist (T). Attnchmentc 8.2 Adopt Ordinance No. 7999-08 on third reading, making amendments to the Community Development Code by amending Section 2-902, "Flexible Standard Development," "Table 2-903" to add a footnote allowing a reduced parking requirement for changes of use within the Downtown (D) District where there are no existing parking spaces or available land for their construction; certifying consistency with the City's Comprehensive Plan and proper advertisement and providing for severability. Attachments 8.3 Adopt Ordinance 8061-09 on second reading, 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. Attachments 8.4 Adopt Ordinance 8076-09 on second reading, 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. Attachments 8.5 Adopt Ordinance 8077-09 on second reading, 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, storm water utility fund, general services fund, garage fund, administrative services fund, and central insurance fund. Attachments 8.6 Adopt Ordinance 8078-09 on second reading, amending the capital improvement budget for the fiscal year ending September 30, 2009, to reflect a net decrease of $3,819,084. Attachments City Manager Reports 9. Consent Agenda 9.1 Declare the list of vehicles and equipment surplus to the needs of the City and authorize sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida. (consent) Aanchmcmts 9.2 Authorize the transfer of $118,519 from the Special Programs Fund - Project 181-99877 (Building Code Enforcement Surplus) to the General Fund to cover deficits in revenues over expenses for FY08. (consent) Attachments 9.3 Approve Memorandum of Understanding pursuant to the Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application to be filed by Pinellas County on behalf of the City of Clearwater and other municipalities and authorize the appropriate officials to execute same.(consent) Attachments 9.4 Accept a FY 2007 Buffer Zone Protection Program Grant (BZPP) in the amount of $192,460.60 from the Florida Department of Law Enforcement (FDLE) and U. S. Department of Homeland Security (DHS), authorize the appropriate officials to execute same and approve purchase of equipment. (consent) Attachments 9.5 Approve an increase and one-year extension to existing contract (purchase order) to Water Specialists Technologies LLC, of Sanford, FL in the amount of $435,659.70, for a total contract value of $780,509.70 for the copper precipitant TR-50, and authorize the appropriate officials to execute same. (consent) Attachments 9.6 Accept a Blanket Public Utilities Easement to encumber all of the upland lying and being situated within a portion of Government Lot 4 in the Northeast quarter of Section 16, Township 29 South, Range 16 East, as conveyed by Clearwater Christian College Private School, Inc., a Florida not for profit corporation, given in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) Attachments 9.7 Approve Settlement between the Florida Department of Environmental Protection (FDEP) and the City of Clearwater as outlined in the June 4, 2009 correspondence and authorize thea appropriate officials to execute same. (consent) Attachments 9.8 Approve a Contract to Purchase a perpetual Ingress, Egress and Utilities Easement over, across and under the West 15 feet of Lot 9, PINE RIDGE,from Thomas Floyd, Senior, and Elizabeth O. Floyd, husband and wife, for the sum of $20,000 plus estimated transaction costs not to exceed $700, and authorize appropriate officials to execute same, together with all other documentation required to effect closing. (consent) Attachments 9.9 Approve a Purchase Order to Progress Energy Florida, Inc., Clearwater, FL, for labor and materials to covert the existing overhead electric facilities to underground along South Gulfview Boulevard from east of Sand Key Bridge to west of Parkway Drive in the amount of $145,520.93 and authorize the appropriate officials to execute same. (consent) Attachments 9.10 Approve Change Order 2 to Gulf Coast Contracting, LLC of Tarpon Springs, Florida, for the Reservoir 1 and 3 GST Coating Project (08-0031-UT) increasing the contract by $2075.00 for a new contract total of $116,915.00 by discontinuing and removing all remaining cleaning and recoating work to be completed at Reservoir 1 and add the cleaning and recoating of the exterior surfaces and appurtenances of the 5 million gallon ground storage tank located at Reservoir 2, located at 21133 N. Hwy. US 19, Clearwater, FL and authorize the appropriate officials to execute same. (consent) Attachments 9.11 Award a contract to RTD Construction, Inc. of Zephyrhills, Florida for the construction of the Skycrest Reclaimed Water Project - Contract 1: Booster Pump Station in the amount of $3,041,401.00, which is the lowest responsible bid in accordance with plans and specifications; and authorize the appropriate officials to execute same. (consent) Attachments 9.12 Approve Supplemental Engineering Work Orders to Tampa Bay Engineering Group, Inc., (EOR) of Clearwater, Florida, for additional engineering design services for the relocation of existing potable water, reclaimed water and sanitary sewer facilities impacted by the Florida Department of Transportation's SR 55 (US 19) from Whitney Rd. to south of Seville Blvd. project, FPN 256881-1-56-01, in the amount of $35,750, for a new value of $203,375, and SR 55 (US 19) from south of Seville Blvd. to north of SR 60 project, FPN 256881-2-56-01, in the amount of $48,350, for a new value of $246,830 and authorize the appropriate officials to execute same. (consent) Attachments 9.13 Appoint Sheila Cole to the Municipal Code Enforcement Board to complete a term until October 31, 2009. Attachments 10. Other Items on City Manager Reports 10.1 Approve the expenditure of $100,000 to Ruth Eckerd Hall (REH) as the final of a three-year support program by the City to further arts education with a specific emphasis of increasing City of Clearwater resident participation, and transfer funds at third quarter from unappropriated retained earnings to recreation operating funds 010-01801. Attachments 10.2 Adopt a tentative millage rate of 5.155 mills for fiscal year 2009/10 and set public hearing dates on the budget for September 3, 2009 and September 17, 2009, to be held no earlier than 6:00 p.m. B Attachments 10.3 Approve Supplemental Work Order 2 in the amount of $296,810 to McKim and Creed, Engineer-of- Record for the City of Clearwater, to provide Construction Engineering and Inspection (CEI) Services for the construction of the Water Treatment Plants 1 and 3 - Wellfield Expansion Project Phase I - Well Installation and Phase II-Construction of Raw Water Main; and the appropriate officials be authorized to execute same. (consent) Attachments 10.4 Approve the Engineer of Record (EOR) contract with the following firms for a period of three years commencing August 12,2009: ADVANCED ENGINEERING and DESIGN, INC.; BILLERREINHART STRUCTURAL GROUP, INC.; CUMBY and FAIR, INC.; HDR ENGINEERING, INC.; JONES EDMUNDS ASSOCIATES, INC.; KING ENGINEERING ASSOCIATES, INC.; KISINGER CAMPO and ASSOCIATES, CORP.; LEGGETTE, BRASHEARS and GRAHAM, INC.; H. W. LOCHNER, INC.; MALCOLM PIRNIE, INC.; MCKIM and CREED, PA; POST, BUCKLEY, SCHUH and JERNIGAN; REISS ENGINEERING, INC.; SAM SCHWARTZ ENGINEERING; SDI ENVIRONMENTAL SERVICES, INC.; SHAW ENVIRONMENTAL and INFRASTRUCTURE, INC.; TETRA TECH, INC.; TBE GROUP, INC.; URS CORPORATION; and VANUS, INC. Attachments Miscellaneous Reports and Items 11. Council Discussion Items 11.1 Recognition for John Wiser Attachments 12. Other Council Action 12.1 Other Council Action Attachments 13. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Branch Post Offices Update - Postmaster Bill Bishoff SUMMARY: Meeting Date:7/16/2009 Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: WiFi Hotspots - Brighthouse SUMMARY: Meeting Date:7/16/2009 Review Approval: 1) Clerk Cover Memo Item # 2 0 U? °a r I i ? +? ?jt LL 1117 I 11 ?1 I t wl'?at 'I ?? _ i ia,.??lat7?t?s;f?1?M R{??? x 1 , a{ ? I V V O H a? bA A ?r A A O A 0 O? ?D P4 O O ?D M n OD M rry 00 5 O ci rA A V i? A 0 H .Y 't L W ? ? V . V V o Q V a? LL. 4-J Ln *r , i 0 r r r a? 4-J L ° .0 (n Ln O M E 7 N cd N m 4-J u 4-J N u a ° V) .v o 00 C) o m °- CP% L. ?O Z O N L C) I . p M C) O N r- 0 a E a O ? 0 C: 4-J ? u • , y T c 1 Y/ +J _ c u 00 VO n, m c m J m u J n w a 0 a a Ln O to "El u V 0 u° u s r a? T G. CL I c tor 'i a Y1, L .1., C ti Ll " a V] rn +' n ?r WI v R?I? Y 1 r7 V VI ?.y a o ++ In ,.del ? fi] •-? 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OIM IMMON OUr O*munlty Is, a s*r place, thwnks to,this, emplcyoe driven neob*hood watch eftt. y??r,?,rN?"xrwrr rrxN??rr - .. MILA3m got 9fth';NOmMb4 blood to r keep tlMt ar , blood supply ga, haal"'I ?l • ?1?i. N err wrii??' ! r ;;', jin6 I , Prolp, 'I ?prtlwAdalr;tl ?? mlAbn ??;??;p?? k??t na?rp pr?plprttouA In ttwF'X ±I?Mr!we?;, "till{{lYfotl 0 '??!I`Ca????4J ! trri` ---- Online: We're teaming up with Sprout, the 24-hour preschool TV channel, to bring you The Great Sprout Tuck-In, a program that encourages families to share in the spirit of giving. Our goal is to ensure that every child has a new pair of pajamas and a new bedtime book to read each night. Come See Nina From The Good Night Show Donations of new PJs and bedtime books are welcome. Sprout will match all donations. Date: August 15, 2009 Time: 9am -1 pm Location: The Long Center, Clearwater, FL 33765 Every child deserves a good night 1501 N. Belcher Rd., (727) 793-2320 The Great Sprout Tuck-In proudly benefits the Pajama Program. a? 2009 t liddrer.'; Network, LLC. Al: :¢hts res-:,er_ - r. e,av - ?z. ^eerved. co s" .?C '7 .......... _... .._ , - / •tr;=? i_-=`-_a:rr_e,_.. _ _.-z_?ti? -'?? __?.c _-- ?ec. ?_......_c, e- --'_ _? C'=,a e, w ou rved. LLL...1 72 ..,x,.s ,. ".e. ----- - - Clai7dx -a'sN` ozk, City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Housing Authority Quarterly Update - Bob Aude, Chair SUMMARY: Meeting Date:7/16/2009 Review Approval: 1) Clerk Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Veterans Alliance - Bob Swick, President - 1st Annual Flag Day Ceremony Award SUMMARY: Meeting Date:7/16/2009 Review Approval: 1) Clerk Cover Memo Item # 4 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Presentation of Sportsmanship Awards. SUMMARY: Mayor to present award winners with their awards/letters. Meeting Date:7/16/2009 Review Approval: 1) Clerk Cover Memo Item # 5 City Council Agenda Council Chambers - City Hall Meeting Date:7/16/2009 SUBJECT / RECOMMENDATION: Approve the minutes of the June 18, 2009 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 16 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER June 18, 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 II - 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 Order The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - a r r ?n.? 1illar??? 3. Plea -, of,1Jlegia ice Mayo, ??'rank Hibbard 4. Presentations 4.1 Srvice Aa'js/Team Award Three service awards were presented to City employees. 4.2 2009 Clearwater i Schools Valedictorians and Salutatorians 5. Approval of Minutes 5.1 Approve the minutes of the June , 2009 City Council Meeting as submitted in written SLImmatio te._City Clerk. Councilmember Carlen Petersen moved to approve the minutes of the June 4, 2009 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens Heard r Items Not on n a Council 2009-06-18 Item #16 Attachment number 1 Page 2 of 16 Anne Garris questioned the need for tax increment financing for downtown. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve increasing Penny for Pinellas funding of the Bear" - Com- -tor Trai project to X607,226.49 y transferring $319,417.77 of Penny for iinel? is funds trom the Qw'j Road Improvements project to the each Connector Trail project. 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. In response to a question, it was stated that parking on the west end of the causeway is temporary during construction of Aqualea and will be removed once that structure is completed. Councilmember George N. Cretekos moved to 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. The motion was duly seconded and carried unanimously. 7.2 Approve the applicant's reo nest to vacate a Dortion 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 rea in . (VAC2009-01 Habitat for Humanitv of Pinellas County. Inc.). 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 Council 2009-06-18 Item #Z Attachment number 1 Page 3 of 16 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. Vice-Mayor Paul Gibson moved to 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. The motion was duly seconded and carried unanimously. Ordinance 8061-09 was presented for first reading and read by title only. Councilmember Carlen Petersen moved to pass Ordinance 8061-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. 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 Ordi ,once 8076-09 on first reajinig, (VAC2009-02 Ruth arks (evocable Trust)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. Council 2009-06-18 Item #?b Attachment number 1 Page 4 of 16 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. Councilmember John Doran moved to approve the applicant's request to vacate a portion of Turner Street right-of-way adjacent to property located at 600 S. Missouri Avenue. The motion was duly seconded and carried unanimously. Ordinance 8076-09 was presented for first reading and read by title only. Councilmember Carlen Petersen moved to pass Ordinance 8076-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 7.4 Continue Development Agreement between Decade Corn;°;ies Income Properties (the property owner) and the City of Clearwater, proviini fo the aVocation of units from the Hotel Density Reserve under Beach by Design tc Alll u it , 2009. Vice-Mayor Paul Gibson moved to 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. The motion was duly seconded and carried unanimously. 8. Quasi-judicial Public Hearings Note: 8.1 not a quasi-judicial public hearing. In response to a question, Assistant City Attorney Leslie Dougall-Sides said there were no grounds to appeal further. Council 2009-06-18 Item #-46 Attachment number 1 Page 5 of 16 It was stated that the City could be held in contempt if Ordinance 7908-08 is not approved. Councilmember Carlen Petersen moved to 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. The motion was duly seconded and carried unanimously. Ordinance 7909-08 was presented for first reading and read by title only. Councilmember John Doran moved to pass Ordinance 7909-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance No. 8025-09 on - con re&Jinq, ,mending ArtiLlo ?jll Solid Waste Management, Sections 32.27'i through 32.322, Appendix A., Schedule of Fees etas and Charges, Article XXV.. Public Works Fees Dates, and Charges, Section (3)(c) Solid Waste Collection Rates through solid waste roll-off container or waste receptacle service (5)()(ii)(7), Clearwater Code of Ordinances. Ordinance 8025-09 was presented for second reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8025-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 9.2 Adopt Ordinance No. 806P,-09 on second reading, amending Chapter 22, Parks, Leaches, ecreatio, i, Article 11, Use egulations, Section 22.24(2) modifying park hears for I`ylandala Pa- Ordinance 8069-09 was presented for second reading and read by title only. Vice-Mayor Paul Gibson moved to adopt Ordinance 8069-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. Council 2009-06-18 Item #$ Attachment number 1 Page 6 of 16 "Nays": None. 9.3 Adopt Ordinance No. 8074-09 on second reading, amending Section 22.40, Clea ater Code of Ordinances, to require the leashing of dogs located at specified areas on Clearwater each and requirinq the removal of pet defecation. Ordinance 8074-09 was presented for second reading and read by title only. Councilmember Carlen Petersen moved to adopt Ordinance 8074-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 9.4 Adopt Ordinance No. 8075-09 on second reading, °elatin to `irevvorics displays, amendinq Subsection (2)(a) of Section 17.06, Clearwater Code of Or in?:nces, to prohibit the issuance of permits on specified areas of CleLii au r Leach during specified Limos. Ordinance 8075-09 was presented for second reading and read by title only. Councilmember John Doran moved to adopt Ordinance 8075-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 10. Consent Agenda y -1 as su',. itt . 10.1 Approve settlement of the liability claim of Gregory Bidlow for payment of $45,000. consent 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) 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) 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) 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. Council 2009-06-18 Item 06 Attachment number 1 Page 7 of 16 consent 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) 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 aaaroariate officials to execute same. (consent) 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 Seatember 30. 2009. in accordance with Sec. 2.564 (1)(b) - Sole Source, and authorize the appropriate officials to execute same. (consent) 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) 10.10Award 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) 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 10.12Approve 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 protect costs up to $2,890,000 and authorize the appropriate officials to execute same. (consent) 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 the appropriate officials to execute same.(consent) 10.14Award a contract to A and L Underground, Inc. of Lenexa, Kansas for the construction of the Skycrest Reclaimed Water Protect - 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 Council 2009-06-18 Item #Z Attachment number 1 Page 8 of 16 engineering services, for a total project amount of $4,735,263.90, and authorize the appropriate officials to execute same. (consent) 10.15Award 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 Protect (07-0060-EN), which is the lowest responsible bid in accordance with plans and specifications, and authorize the appropriate officials to execute same. consent 10.16Approve 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 Protect (07-0003-UT) for a total cost of $133,500 for CEI services, and authorize the appropriate officials to execute same. (consent) 10.17Approve 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) Councilmember John Doran moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 11. Other Items on City Manager Reports 11.1 Amend the City's fiscal year 2008/09 Operating and Capital Improvement u gets at i Year and' ;pass Ordinances 8077-09 and 8078-09 or? first reagj . 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. Councilmember George N. Cretekos moved to amend the City's fiscal year 2008/09 Operating and Capital Improvement Budgets at Mid Year. The motion was duly seconded and carried unanimously. Ordinance 8077-09 was presented for first reading and read by title only. Vice-Mayor Paul Gibson moved to pass Ordinance 8077-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Council 2009-06-18 Item #% Attachment number 1 Page 9 of 16 Ordinance 8078-09 was presented for first reading and read by title only. Councilmember Carlen Petersen moved to pass Ordinance 8078-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Award a contract to Gregory Electric Company, Inc. of a!?les, Florida in the arnr?unt of 11.2 $2,172,942.57 for construction of the Chautauqua/Coac r-],:gin I ike Reclaimed cter ( C ) Project (project 07-0053-UT), which is the lowest res onsible bid received in accordance with the plans and specifications for this projecf; and authori--e the appropriate officials to execute same. 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, City Council 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 Council 2009-06-18 Item #% Attachment number 1 Page 10 of 16 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. In response to questions, Engineering Manager Rob Fahey indicated that reclaimed water is estimated to be available by August 2010 and that all water from wells, whether deep or shallow, impact potable water resources. Councilmember George N. Cretekos moved to 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. The motion was duly seconded and carried unanimously. There are two (2) projects contained within the Skycrest Reclaimed Water Project (1-695). 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 Council 2009-06-18 Item 4% Attachment number 1 Page 11 of 16 Distribution system in the amount of $6,400.00 for this agreement. Vice-Mayor Paul Gibson moved to 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. The motion was duly seconded and carried unanimously. Resolution 09-27 was presented and read by title only. Councilmember John Doran moved to adopt Resolution 09-27 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Miscellaneous Reports and Items 12. City Manager Verbal Reports 12.1 Update on each Parking Garage egotia cr,- 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 Council 2009-06-18 Item 416 Attachment number 1 Page 12 of 16 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 possible land 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 diminished land value. Mainstream America is basing their proposal upon the commercial value of the land as "highest and best use". However, the City 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. Council 2009-06-18 Item 4Z Attachment number 1 Page 13 of 16 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. Assistant City Manager Rod Irwin reviewed changes since Monday's meeting. Mainstream reduced pricing from $33,000 to $32,000/space for phase 1 and from $37,000 to $36,000/space for phase 2. Council 2009-06-18 Item 4?16 Attachment number 1 Page 14 of 16 It was stated that staff has reviewed LOM's plans and raised no concerns however, they must still complete the regulatory process. If FEMA does not approve the map change request, LOM will go before the Flood Board and request a variance for retail on first floor. Coastal Engineer Kristie Rush said FEMA has 90 days to issue a letter from the time the file is complete. The project manager has promised to assist meeting deadline. If FEMA does not approve the map change request, LOM will not develop a dune on the site. It was stated that if the property is foreclosed within 5 years, the lender would have the right to require the City to purchase the units. Parking rates have not been discussed yet. The Hyatt was required to have rates comparable to other beach front garages. The development agreement will include timeframes and construction standards. Three individuals spoke in support of the Mainstream proposal. Discussion ensued with concerns expressed with pedestrian safety and concentrating parking in one area. It was suggested that converting Hamden and Coronado to a one-way pair be considered. Councilmember Paul Gibson moved to direct the City Manager and City Attorney to negotiate a development agreement and other necessary and appropriate documents with LOM, Inc., owners of Surfstyle/Britts, in accordance with the term sheet presented to the City Council at the Council Work Session on June 15, 2009 as clarified at the City Council meeting on June 18, 2009. The motion was duly seconded and carried unanimously. The Council recessed from 7:37 p.m. to 7:49 p.m. 13. Council Discussion Items 13.1 Reclaimed Water Availability 1 (,e Public Utilities Director Tracy Mercer reviewed the history of reclaimed water and original timeframe for Coachman Ridge. There were over 22 projects originally. As approached Morningside, high well counts became a concern. The purpose of the availability fee was to cover some of the infrastructure cost. Engineering Manager Rob Fahey said prior to the Master Plan, Coachman Ridge residents expressed a desire for reclaimed water but their location was far from the water plant facilities. It was more cost effective to start the project near the water plant facilities on Marshall Street. Also when Southwest Florida Water Management District cooperative funding became Council 2009-06-18 Item 4-16 Attachment number 1 Page 15 of 16 available, different criteria had to be met. In response to questions, Mr. Fahey said reclaimed water is provided to conserve potable water and reduce discharge into Tampa Bay and Stevenson Creek. Ms. Mercer reviewed incentives to hook up to reclaimed water and said well exemptions would terminate with sale of property. Well owners may water 1 day a week. Those on reclaimed water may water 7 days a week. Three individuals spoke in opposition and one individual in support. Discussion ensued. Concerns were expressed with information provided to Coachman Ridge residents and the need to conserve potable water. Councilmember George N. Cretekos moved to waive payment of availability fee by those with wells: for 1 year for individuals who do not hook up to reclaimed water and 2 years for those who hook up to reclaimed water in Coachman Ridge, Clearwater Harbor, Glen Oaks/Palmetto and Skycrest areas. The motion was duly seconded and carried unanimously. 13.2 Vacant Foreclosed and Abandoned Pro eru ??yor Hibbard Development and Neighborhood Services Director Jeff Kronschnabl provided a power point presentation. Pinellas County ranks 28 in a national foreclosure survey. Foreclosed properties create urban blight and negative property values. Since April 2009, there are over 1,300 foreclosed properties in Clearwater. Staff recommends instituting a vacant property registration ordinance. In response to a question, Mr. Kronschnabl said banks are allowing people to live in homes for low rent to avoid abandoning the property. Consensus was to develop an ordinance that requires registration of foreclosed properties. 14. Other Council Action 14.1 Other Council Action Mayor Frank Hibbard requested the PPC (Pinellas Planning Council) agenda a MPO (Metropolitan Planning Organization) presentation regarding the need for transit oriented development. Councilmember John Doran, the city's PPC representative, will make the request. Council 2009-06-18 Item *$ Attachment number 1 Page 16 of 16 Councilmembers reported on events in which they recently participated and reviewed upcoming events. Councilmember Carlen Petersen urged support for non-profits. Vice-Mayor Paul Gibson thanked Council for supporting beach parking garage. Mayor Frank Hibbard recognized police officer Paul Blamer, who just returned from serving in Afghanistan, and urged true appreciation for all who are and have served. i rn The meeting adjourned at 9:32 p.m. Mayor City of Clearwater Attest City Clerk Council 2009-06-18 Item 4(6 ?- Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend the City's Local Housing Assistance Plan for State Housing Initiatives Partnership Program (SHIP) Fiscal Years 2009- 2012 to add a new state required affordable housing strategy known as the Florida Homebuyer Opportunity Program, supporting the first time homebuyer $8,000.00 tax credit through the American Recovery and Reinvestment Act of 2009 and adopt Resolution 09-28. SUMMARY: During the 2009 session, the Florida legislature allocated $30,000,000 to aid the federal government in the American Recovery and Reinvestment Act of 2009 (ARRA). This act provides for up to $8,000.00 in tax credits to first time homebuyers toward the purchase of a primary residence. The intent of the Legislature is to ensure that residents of the state derive the maximum possible economic benefit from the federal first-time homebuyer tax credit created through the ARRA. The Legislature requires that each jurisdiction amend their Local Housing Assistance Plan (LHAP) to include the Florida Homebuyer Opportunity Program strategy. The City of Clearwater was awarded $97,500.00 from the State of Florida SHIP funds to assist first time home buyers who purchase their primary residence by December 1, 2009. Funds shall be expended under this newly created strategy in the LHAP to implement the Florida Homebuyer Opportunity Program. The City will provide eligible homebuyers with up to $8,000.00 in the form of a second mortgage. The homebuyer shall be expected to use their federal income tax refund to fully repay the loan to the City. A homebuyer who fails to repay the loan within 18 months after receipt of their federal income tax refund, shall be considered in default of the program terms. Default provisions will then follow existing city policies. Resolution 09-28 amends the LHAP (approved by City Council through Resolution 09-09-21 in April 2009), adding this new Florida Homebuyer Opportunity Program strategy only effective for Fiscal Year 2009-2010. Review Approval: 1) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 1 Exhibit "A" H. Name of the Strategy: Florida Homebuyer Opportunity Program a. This strategy is designed in response to the legislative proviso requiring SHIP local governments to expend FY 2009-2010 funds to ensure that residents of the state derive the maximum possible economic benefit from the federal first time homebuyer tax credit created through The American Recovery and Reinvestment Act of 2009 by providing subordinate down payment assistance loans to first time homebuyers for owner occupied primary residences that can be repaid by the income tax refund the homebuyer is entitled to under the First Time Homebuyer Credit. The state program shall be called the "Florida Homebuyer Opportunity Program." b. Fiscal Years Covered: 2009/2010 until expiration of the Florida Homebuyer Opportunity Program Tax Credit. C. Income Categories to be served: Up to $75,000 for single taxpayers or $150,000 for joint filers. There is no requirement to reserve 30 percent of the funds for awards to very-low-income persons or 30 percent of the funds for awards to low-income persons; and there is no requirement to expend 75% of funds for construction, rehabilitation or emergency repair. d. Maximum award is the principal balance of the loans provided shall not exceed 10% of the purchase price or $8,000 whichever is less. e. Terms, Recapture and Default: If the county or eligible municipality receives repayment from the homebuyer within 18 months after the closing date of the loan the county or eligible municipality shall waive all interest charges. A homebuyer who fails to fully repay the loan within 18 months shall be subject to repayment terms provided in an appropriate strategy in the local housing assistance plan. All funds repaid to a county or eligible municipality shall be considered "program income" as defined in s. 420.9071 (24). f. Recipient Selection Criteria: Recipients must meet the requirements of the following: The maximum income limit shall be Adjusted Gross Income of $75,000 for single taxpayer households or $150,000 for ioint- filing taxpayer households which is equal to that permitted by the American Recovery and Reinvestment Act of 2009. Item # 7 Attachment number 2 Page 1 of 2 RESOLUTION NO. 09-28 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING AND ADOPTING THE CITY OF CLEARWATER STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN, COVERING STATE FISCAL YEARS 2009-2012; INCORPORATING THE FLORIDA HOMEBUYER OPPORTUNITY PROGRAM STRATEGY, EFFECTIVE FOR STATE FISCAL YEAR 2009-2010 ONLY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Law, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the City of Clearwater adopted its State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan for state fiscal years 2009-2012 by Resolution No. 09-21, dated April 15, 2009; and WHEREAS, during the 2009 legislative session, the Florida legislature allocated $30 million to aid the federal government in the American Recovery and Reinvestment Act of 2009 ("Act") and to be disbursed through the Florida Homebuyer Opportunity Program ("Program"). The Act provides for up to $8,000.00 in tax credits to first time homebuyers toward the purchase of a primary residence; and WHEREAS, the City of Clearwater was awarded $97,500.00 from the State of Florida through the SHIP program to assist first time homebuyers who purchase their primary residence by December 1, 2009; and WHEREAS, the City of Clearwater finds it necessary to amend its Local Housing Assistance Plan for fiscal years 2009-2012 to include and adopt the Florida Homebuyer Opportunity Program Strategy ("Exhibit "A", attached hereto and incorporated herein) which shall be effective for Fiscal Year 2009-2010 in accordance with the expiration date as set out by law; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby approves and adopts the Local Housing Assistance Plan, as amended, to include the Florida Homebuyer Opportunity Program ("Program") strategy, attached hereto and incorporated herein as Exhibit "A", for state fiscal years 2009-10, 2010-11 and 2011-12. Resolution NteKW4287 Attachment number 2 Page 2 of 2 Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2009. Frank V. Hibbard Mayor Approved as to form: Laura Mahony Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 2 Resolution NteKW4287 ?- Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the City of Clearwater's Fiscal Year 2009-10 Consolidated Action Plan, to carry forward the goals and objectives set forth in the Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the FY09-10 Consolidated Action Plan. SUMMARY: The U.S. Department of Housing and Urban Development (HUD) requires communities that receive entitlement (CDBG & HOME) funding to prepare a comprehensive five (5) year Consolidated Planning document that evaluates the needs of the community and sets forth strategies to address those needs. The City's FY 2000-2005 Consolidated Plan was approved by Council in July 2005. In addition, the City is required to create and implement an annual statement identifying the sources and uses of federal money for housing, community and economic development. This annual plan, referred to as a Consolidated Action Plan, provides HUD with the City's housing, community and economic development budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year. Funds are to be used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent and affordable housing to assist extremely low to moderate income households. This year's Action Plan allocates federal and state funds to provide housing opportunities to extremely low to moderate-income households for new and existing homes, construction and/or renovation of public facilities, and to fund public services programs. In fiscal year 2009-2010, the City is estimated to receive federal funds in the amount of $932,808 through the Community Development Block Grant (CDBG); $251, 549 through the Community Development Block Grant Program - Recovery; $589,019 through the HOME Investment Partnership Program; and $97,329 from the State of Florida through the State Housing Initiatives Partnership (SHIP) Program. Funds provided through the HOME and SHIP Programs are limited to housing related activities (including housing relocation and housing demolition) and administration. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation, demolition, and administration. Additional funding for the FY2009-2010 budget will come from estimated program income funds and unprogrammed prior year CDBG, HOME, SHIP and Pinellas County Housing Trust funds (loan repayments, loan payoffs, recaptured funds, etc). The total FY 2009-10 allocation budget is $1,870,705. The city partners with several not for profit agencies to implement the goals and objectives the city has established in the Consolidated Planning Document. To obtain these partners, the city annually publishes a Notice of Funding Availability in the local newspaper and on its website in February. This notice informs the non-profits of the resources the city will make available and the eligible uses of these resources. It also informs them of the application period for requesting funds. The applications were due in April. The City received a total of 34 applications for funding requests. A Technical Review Committee (TRC) comprised of professionals in the social service and grants community and one member of the City's Neighborhood and Affordable Housing Advisory Board (NAHAB) reviewed the applications, scored them and set forth a strategy to maximize the number of applicants that will receive a portion of allocated funds. Applicants were given an opportunity to speak to the TRC and NAHAB regarding their programs. City staff also reviewed each application to ensure it met HUD's baseline requirements. The NAHAB will meet on July 14, 2009 to approve the recommended allocations contained in the FY09-10 Consolidated Action Plan. Each year, the City may allocate up to 15% of its CDBG allocation for Public Services organizations. Additional funds may be allocated based upon the amount of program income received. The City may also provide funds for operating expenses to subrecipients who qualify as a Community Based Development Organization. Cover Memo The City's Housing Division received requests for Public Services funding in excess of $480,538. The NAHAB has endorsed a sliding scale funding system for Public Services applicants that allows the top two scorers to receive 60% of their K 8e second two receive 50% of their request, and others receive 40% of their request until all of the allowable funds are allocated. The maximum allocation per agency's request is $30,000. This method allows most of the Public Services applicants to receive some funding. The Consolidated Action Plan is due to the U.S. Department of Housing and Urban Development on August 15, 2009. All organizations that will be receiving an allocation or participating in the City's Housing or Housing Education Pools will have agreements prepared and executed by October 1, 2009. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) Clerk Annual Operating Cost: Total Cost: to Cover Memo Item # 8 Attachment number 1 Page 1 of 5 City of Clearwater FY2009-2010 Consolidated Action Plan Summary The City of Clearwater, through its housing and community development programs, provides a variety of funding to very-low, low and moderate-income households and public service agencies. The funding for these activities comes from the federal and state housing and community development entitlement grants that the City receives annually. Each year the City receives an allocation from the federal government under the U.S. Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) and the Home Investment Partnership Program (HOME) programs. CDBG was established in 1974 and the HOME program in 1990. The City also received a new allocation entitled CDBG- Recovery through the new federal stimulus funding. This year, the City's annual allocation from the State of Florida through the State Housing Initiatives Partnership (SHIP) Program, established in 1992, was dramatically cut. In addition, due to severe budget considerations, the Pinellas County Housing Trust Fund did not receive funding. The federal and state programs are entitlement grants whereby the City receives an annual allocation as long as we continue to follow the rules and regulations prescribed by each program. The City of Clearwater has identified the housing and community development goals listed below in our FY2005-2010 Consolidated Planning Document. Community Development • Community self-investment in low/moderate income areas • Facilities/services to address critical social service needs • Facilities/services for seniors, children and persons with special needs • Expanded economic opportunities Housing and Homeless • Revitalize older housing and demolish unsafe structures • Produce high-quality affordable housing • Provide housing assistance • Services/housing for the homeless Emergencies • Governmental response to emergency/life threatening situations These goals will enable the City to utilize its federal and state programs to meet all the uses allowed by these programs. Item # 8 Attachment number 1 Page 2 of 5 FY 2009-2010 Consolidated Action Plan Summary These grants fund activities such as: • Down Payment and Closing Cost Assistance • New Construction (Single & Multifamily) • Rehabilitation (Single & Multifamily) • Acquisition • Emergency Repairs • Accessibility Modifications • Home Buyer Education and Counseling • Gap Financing • Foreclosure Prevention • Public Services • Public Facilities (New & Renovations) \ Infrastructure • Fair Housing • Homeless Housing Activities The City of Clearwater has identified priorities for performing housing and community development activities through the Consolidated Planning process. The first priority is to provide decent, adequate and affordable housing in safe and desirable environments for homeowners, homebuyers and renters. The second priority is to provide housing and supportive services for the homeless and non-homeless with special needs. FY09-10 Action Plan Process • February - Process began with Advertising Notice of Funding Availability • April - Thirty four (34) applications were received • April - Applications were reviewed and ranked by Technical Review Committee • May - Neighborhood and Affordable Housing Advisory Board (NAHAB) unanimously approved the proposed funding recommendations • July - NAHAB approved FY09-10 Consolidated Action Plan • July - FY09-10 Consolidated Action Plan to be approved by City Council • August 15th - Deadline to submit Action Plan to HUD • August & September - Draft and Execute Subrecipient Agreements • September - Technical Assistance Workshop • October 1 st - Fiscal Year Begins Sources of Funds CDBG $ 932,808 CDBG-R $ 251,549 HOME $ 589,019 SHIP $ 97,329 Total Available Funding $1,870,705 2 Item # 8 Attachment number 1 Page 3 of 5 FY 2009-2010 Consolidated Action Plan Summary Distribution of Funds Public Services* $179,615 Public Facility & Improvements $342,105 Economic Development $ 80,000 Housing Pool - (DPA, Rehab, Infill, New Const.) $715,282 Administration $280,350 Program Delivery $185,000 HOME - CHDO $88,353 TOTAL $1,870,705 *NOTE- Nine (9) applications were recommended for Public Service funding. The top two (2) agencies received allocations 60% of their request, or $30,000, whichever is less. The next two (2) ranked agencies received 50% of their request or, $30,000, whichever is less, and the remaining agencies received 40% of their request or, $30,000, whichever is less, until the amount budgeted for Public Services were exhausted (15% of CDBG allocation). This year we exceeded our Public Services cap, because we are providing funding to the Willa Carson Health Resource & Homeless Emergency Project Center, which is considered a "Community Based Development Organization" (CBDO) and they are operating in the City's HUD-Approved North Greenwood Neighborhood Revitalization Strategy Area (NRSA). By being a CBDO and operating in a NRSA, the City is allowed to exceed our Public Service Cap. The Public Facility applicants were allocated funds using the same methodology as the Public Service applicants, until the amount of funds available were exhausted. FY09-10 ACTION PLAN ACTIVITIES Homeowner Assistance • Rehabilitation • Emergency Repairs Homebuyer Assistance • Downpayment and Closing Costs Assistance • Lot Acquisition • New Construction • Home Buyer's Club • Home Buyer's Education Classes Multi-family Rental Projects • Rehabilitation • New Construction Item # 8 Attachment number 1 Page 4 of 5 FY 2009-2010 Consolidated Action Plan Summary Homeless Assistance • Supportive Housing • Transitional Housing Special Needs • Elderly & Disabled Cleaning Services • Elderly Intergenerational Activities • Accessibility Modifications Non-Community Development Assistance • Hispanic Outreach • Self Sufficiency Program • Legal Services/Fair Housing Thirty four applications were submitted by the following organizations: • 211 Tampa Bay Cares, Inc. • A Spiritual Change, Inc. • Clearwater Homeless Intervention Program, Inc. • Clearwater Neighborhood Housing Services, Inc. • Community Service Foundation • Directions for Mental Health • Family Service Center of Pinellas County, Inc. • Gulf Coast Jewish Family Services • Gulf Coast Legal Services • Habitat for Humanity of Pinellas, Inc. • Homeless Emergency Project, Inc. • Homes for Independence, Inc. • Largo Area Housing Development Corporation • Personal Enrichment through Mental Health Services, Inc. • Pinellas Core Management Services, Inc. • Pinellas Opportunity Council • Religious Community Services • Safety Harbor Neighborhood Family Center • Tampa Bay Community Development Corporation • WestCare of Florida - Turning Point • Willa Carson Health Resource Center • Uno Federation Proposed Agencies/Programs to be Funded • City of Clearwater - Rehabilitation Program - Funds are provided to very low to moderate income households to repair homes that are in substandard condition, including lead-based paint abatement. 4 Item # 8 Attachment number 1 Page 5 of 5 FY 2009-2010 Consolidated Action Plan Summary City of Clearwater - Housing Education -Due to severe budget cuts in the SHIP program, no current funding will be allocated from current year funds. However, prior year funding will be used as available to continue to provide housing education and credit counseling. City of Clearwater- Housing Pool - Funds are made available to housing non-profits participating in the Housing Pool for lot acquisition, down payment and closing costs assistance and new construction. o Tampa Bay Community Development Corporation o Largo Area Housing Development Corporation o Clearwater Neighborhood Housing Services o Community Service Foundation o Homes for Independence o Habitat for Humanity of Pinellas County, Inc. • Clearwater Homeless Intervention Project, Inc. (CHIP) - Salary and operation support to run homeless emergency shelter, day center and transitional housing programs. Program also provides intensive case management while assisting individual transition into independent living. • Community Service Foundation - Fair Housing - Operational support to administer fair housing program. • Family Service Center-Funds will be provided for salary support for agency to implement an empowerment and self-sufficiency program. • Religious Community Services, Inc. - Funds will be provided for improvements to their Food Pantry. • Public Facilities/Infrastructure Improvements - Funds will be provided for sidewalk improvements in the East Gateway Strategy area. • Gulf Coast Legal Services - Salary and support to provide legal services to very-low to moderate income households to prevent foreclosure as a result of deceptive practices by a business or a lender and provide fair housing counseling. • Gulf Coast Jewish Family Services - Funds will be provided for operational support of their disabled and frail elderly program. • Homeless Emergency Project - Funds will be provided for operational support to implement their homeless programs and to build an office complex to serve the homeless and house other support services. • Pinellas Opportunity Council - Chore Services Program - Salary and support to administer a chore services program for elderly and physically challenged homeowners. • Willa Carson Health Resource Center- Funds will be provided for salary and operational support of the Health Resource Center located in the North Greenwood Neighborhood. • Pinellas Core Management Services - Funds will be provided for salary support to operate the Hispanic Outreach Center. • Economic Development- Funds will be provided for building facade improvements in the East Gateway Strategy Area. Item # 8 Attachment number 2 Page 1 of 1 City of Clearwater - Housing Division (01510) CITY OF CLEARWATER Consolidated Action Plan-Recommended Allocation Fiscal Year 2009-2010 PROPOSED PROJECTS Amount Amount Proposed ------------------------- ---------------1 Requested CDBG CDBG-R HOME (683) SHIP (191) Pinellas County Housing Trust TOTALS Public Facilities/Improvements Homeless Emergency Project-Office Building 900,000 150,000.00 150,000.00 Religious Community Services-Food Pantry Improvements 45,710 45,710.00 45,710.00 Directions for Mental Health-Center Improvements 76,000 A Spiritual Change 70,000 City Sponsored Project-East Gateway-Sidewalks 146,395.00 146,395.00 Sub-total 1,091,710 195,710.00 146,395.00 342,105.00 Public Services Pinellas Opportunity Council-Chore Services 60,000 30,000.00 30,000.00 Clearwater Homeless Intervention Project-Emergency Shelte r 75,000 30,000.00 30,000.00 Homeless Emergency Project-Emergency Center 50,000 20,000.00 20,000.00 Willa Carson Health Resource Center 50,000 25,000.00 25,000.00 Pinellas Core Management Services, Inc - Hispanic Outreach 42,007 16,802.80 16,802.80 Gulf Coast Jewish Family Services-Disabled & Elderly 14,000 7,000.00 7,000.00 Family Service Center 52,073 20,829.20 20,829.20 A Spiritual Change 30,000 Safety Harbor Neighborhood Family Center 11,640 Personal Enrichment through Mental Health Services 35,818 WestCare of Forida - Turning Point 30,000 211 Tampa Cares. Inc 30,000 Sub-total-Pulbic Services 480,538.00 149,632.00 149,632.00 Fair Housing Gulf Coast Legal Services 33,306 19,983.60 19,983.60 Community Service Foundation 20,000 10,000.00 10,000.00 Sub-total-Fair Housing 53,306 29,983.60 29,983.60 Total of Public Services & Fair Housing 179,615.60 179,615.60 Housing Pool - Rehab Clearwater Neighborhood Housing Services, Inc Habitat for Humanity of Pinellas County Homes for Independence Sub Total Housing Pool - Rehab 0 Housing Pool - DPA/Infill/New Construction Clearwater Neighborhood Housing Services, Inc Habitat for Humanity of Pinellas County Largo Area Housing Development Corporation Tampa Bay CDC Sub Total Housing Pool - DPA Sub Total Housing Pool 0 185,920.80 441,765.00 87,596.10 715,281.90 Sub-total 185,920.801 1 1 441,765.00 1 1 87,596.101 1 1 715,281.90 Economic Development East Gateway Facade Improvement Program Sub-total 80,000.00 80,000.00 80,000.00 80,000.00 Housing Pool-Housing Counseling Tampa Bay CDC-Dream of Homeownership Workshops Tampa Bay CDC-Pre & Post Purchase Counseling Tampa Bay CDC-Processing Service Clearwater Neighborhood Housing Services Community Service Foundation-Homebuyer Education Community Service Foundation-Partnership to Ownership Sub-total Housing Counseling Administration General Program Administration Program Delivery Rehab In 1 Economic Development Sub-total 186,561.60 140,000.00 35,000.00 10,000.00 371,561.60 25,154.00 5,154.00 58,901.00 8,901.00 9,732.90 ,732.90 280349.50 140,000.00 35,000.00 10,000.00 465,349.50 HOME-CHDO Sub-total 88.353.00 88,353.00 88,353.00 88,353.00 TOTALS O 932,808.00 251,549.00 589,019.00 97,329.00 O 1,870,705.00 Item # 8 CC) m 03 a? co E a1, co m (DO c a? 00 it a? 00 ?D co It E N OD a? co 4t E a? CC) m Attachment number 4 Page 1 of 37 y Fifth Program Year Action Plan The CPMP Fifth Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. Narrative Responses Executive Summary for the City of Clearwater's FY2009-2010 Program Year The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. The City receives federal funds from the Department of Housing and Urban Development from two federal programs as an entitlement community. These are the Community Development Block Grant Program (CDBG) and the HOME Investment Partnership (HOME) affordable housing program. The City does not receive an Emergency Shelter Block Grant. The City also utilizes its Florida State Housing Initiatives Partnership (SHIP) affordable housing funds in support of these programs; which are all targeted at assisting the City's low to moderate-income residents. The City is a member of the Pinellas County Continuum of Care and supports its priorities. The City of Tampa is the regional HOPWA administrator. The City will utilize its funds to implement the specific objectives established within the City's adopted FY2005 to FY2010 Consolidated Plan. Entitlement Grant Funds CDBG $932,808.00 HOME $589,019.00 ESG - HOPWA - 1 Item # 8 Attachment number 4 Page 2 of 37 Total $1,521,827.00 Total Federal Funding Sources $1,521,827.00 State Housing Initiatives Partnership (SHIP) $97,329.00 CDBG-Recovery $251,549.00 Total Other Funding Sources $348,878.00 1 Total Federal & State Funding Sources $1,870,705.00 In addition to the entitlement allocations listed above, the City's maintains three Revolving Loan Funds which are set up to carry out specific activities. The three individual revolving loan funds include the Housing Rehabilitation Revolving Loan Fund (City Fund #686), the Economic Development Revolving Loan Fund (City Fund #687) and the Infill Housing Revolving Loan Fund (City Fund #689). The Housing Rehabilitation Revolving Loan Fund includes payments made by homeowners who participated in the Rehabilitation Program and had their home repaired. The Economic Development Revolving Loan Fund includes payment made by for profit business owners who participated in the Economic Development Program and obtained funds to start up or maintain their business. The Infill Housing Revolving Loan Fund includes payments made by subrecipients who borrowed funds to purchase vacant lots to build homes. Funds were repaid when the subrecipient sold the home to an eligible homebuyer. In FY 2009-2010, the City anticipates that the revolving fund balance will be a total of $479,678 in revolving loan funds. These funds include $222,871 from the Infill Housing Revolving Loan Fund, $129,405 from the Economic Development Revolving Loan Fund, and $127,402 from the Housing Rehabilitation Revolving Loan Fund. Please note that the amounts listed above are only projected amounts. These amounts may increase or decrease subject to program activity. These funds are restricted to the activities listed above and are not part of budgeted consolidated plan activities. Affordable housing funds will be administered on a city-wide basis targeted at helping low to moderate income families become homeowners, maintain their properties and for housing education and counseling, primarily for those families assisted with funding through the city. The City will provide assistance to the homeless and those with special needs through the construction of additional facilities and the provision of services; and its community development improvements will be focused on the East Gateway Area of the City's Community Redevelopment Area. The overall goal of the community planning and development programs covered by the Action Plan is to develop viable urban communities by providing decent housing 2 Item # 8 Attachment number 4 Page 3 of 37 and a suitable living environment and to expand economic opportunities principally for very-low to moderate-income persons/households. The primary means towards this end is to extend and strengthen partnerships among all levels of government and the private sector, including for-profit and non-profit organizations, in the production and operation of affordable housing. Decent housing includes assisting homeless persons to obtain appropriate housing and assisting persons at risk of becoming homeless; retention of the affordable housing stock; and increasing the availability of permanent housing in good condition and an affordable to very-low-income and moderate-income families, particularly to members of disadvantaged minorities, without discrimination on the basis of race, color, religion, sex, national origin, marital status, familial status, or disability. 2. Decent housing also includes increasing the supply of supportive housing, which combines structural features and services needed to enable persons with special needs, including persons with physical and mental disabilities, persons with HIV/AIDS and their families, to live with dignity and independence; and providing affordable housing to low-income persons accessible to job opportunities. 3. A suitable living environment includes improving the safety and livability of neighborhoods; increasing access to quality public and private facilities and services; reducing the isolation of income groups within a community or geographical area through the spatial deconcentration of housing opportunities for persons of lower income and the revitalization of deteriorating or deteriorated neighborhoods; restoring and preserving properties of special historic, architectural, or aesthetic value; and conservation of energy resources. The City continues to provide funding for a variety of Public Service and Public Facility type activities which include such things as: self-sufficiency, elderly home cleaning, emergency shelter operations, elderly services, and homeless services, just to name a few. In terms of Public Facility projects, during this current fiscal year we propose to provide funding to the organizations below: 1. Homeless Emergency Project - Service Center Building 2. Religious Community Services - Food Pantry Improvements 3. East Gateway Sidewalk Improvement Project General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. The City of Clearwater, the ninth largest city in Florida is located in central Pinellas County and stretches from Tampa Bay on the east to the Gulf of Mexico on the west. 3 Item # 8 Attachment number 4 Page 4 of 37 MAP ONE displays those areas in the City where HUD has found that more than 51% of the populations have incomes below 80% of the Median family Income for the Tampa-Clearwater-St. Petersburg Metropolitan Statistical Area. Low/Moderate Income 51 - 100 % F GV Of Mexico a 4 sn m i Item # 8 Attachment number 4 Page 5 of 37 MAP TWO displays the areas where the City's African-American population is concentrated. Legend Black Population BLACK /POP2000 9 - --- _ i o-1s% 15-25% 25-1009% Y w ? J .? ar iarbm I/ i ..a.,.F....F.,.F....F.,.FF-„..„..„..„.- r?? 4 f v J-, 1 \ 1 ? \ J ?\ \J -' I d . ,, - ? ? ? ramPa aav MAP THREE displays the areas where the City's Hispanics are concentrated. Legend Hispanic Population HISPANIC I POP2000 9 1 - -? -??- p i 0 - 15% _ 15-25% t i 4r y 25-100% Ti 91 1 1, T i V i o t77 IL ii i e r 4, U i ?? - 1?- ? ram,a aav Minority Concentrations are defined as those census tracts in which the total percentage of minorities is at least 10 percentage points more than would be expected based on average racial distributions. 5 Item # 8 Attachment number 4 Page 6 of 37 Areas of Low/Moderation Income Concentrations The table below shows all of the Census Tracts and Block Groups that are located within the City of Clearwater that have a Low/Moderate income percentage above forty percent (40%). Census Tract Block Group Low/ Mod% Census Tract Block Group Low/ ModO/o 025405 2 42.1 025405 1 54.2 026602 1 42.3 026300 6 55.2 026400 4 42.7 026400 1 56.6 026702 2 43.1 026808 2 57.5 025901 1 43.7 025902 5 59.3 026500 6 43.9 025902 4 59.6 026500 2 44.1 026905 3 62.2 025404 3 44.8 026808 1 62.4 026910 1 45.0 025401 3 63.8 026804 2 46.6 026500 1 64.0 026400 5 48.1 026200 2 64.6 025800 2 48.2 025800 3 67.5 026702 3 49.0 026100 3 67.5 026400 3 49.7 025404 1 68.9 026300 4 50.9 025902 1 69.4 026602 2 51.7 025504 3 71.2 026500 5 51.9 026200 1 74.0 026100 2 52.0 026601 2 74.9 026300 2 52.7 026400 2 75.1 025404 6 53.0 025902 2 75.5 026300 1 53.2 026100 5 83.4 026703 3 54.2 026905 2 100.0 Low and moderate-income concentrations are defined as those census tracts with a median income at or below 80% of the median family income for Pinellas County. Census tracts meeting the definition of low and moderate income are listed above with percentages greater than 51.0%. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. Certain obstacles to meeting underserved needs continue to present a growing challenge. The City will encourage mixed-income rental developments as new projects are proposed to the county. However, with the scarcity of land and lack of funding resources, it is becoming increasingly difficult to make the economics of rental projects work. The City continues to explore new incentives and initiatives to foster the development of affordable housing. 6 Item # 8 Attachment number 4 Page 7 of 37 BASIS FOR ALLOCATING INVESTMENTS: Geographic: The City will allocate its Housing, Community Development and Homeless funds on a citywide basis. The City will allocate a portion of its Community Development Block Grant funds within the City's HUD designated low/moderate income areas, for activities that benefit low and moderate-income persons, and in the City's designated Community Redevelopment Area and Neighborhood Revitalization Strategy Areas. Housing Characteristics The housing characteristics vary by housing types and timelines. The chart listed below shows that single family housing units decreased by 6.4% from 1980 to 2008. During this same period, the number of multi-family and mobile homes increased by 5.2% and 1.25%, respectively. Units by Type (1980-2008) 50.7 45.7 44.8 44.3 43.8 47.0 48.4 49.0 5.5 7.3 6.8 6.7 Sources: U.S. Census for 1980, 1990 and 2000; * Estimated based on 2000 units plus new residential units construction permits 2000-2008 (Provided by the City's Planning Department) Year Built Seventy-eight percent of Pinellas County housing was built between 1950 and 1989. Construction has slowed significantly since 1990 with the dwindling supply of developable land. Less than 15 percent of the county's housing was built in 1990 or later as compared with 27 percent of Tampa Bay Area housing. For 2008, the majority of housing units in Clearwater (31 percent) were built between 1970 and 1979. During the same timeframe (1970-1979), the construction of housing units in Pinellas County and the United States was less aggressive: 26.2 percent and 16.2 percent respectively. Generally, as the age of a housing structure approaches or exceeds 20 years, the need for significant maintenance or renovation is more common. Deferring necessary maintenance or renovation may lead to safety issues and other impacts on the housing market's competitiveness. According to the information provided below, approximately 67 percent of the City's housing stock is more than 30 years old. 7 Item # 8 Attachment number 4 Page 8 of 37 Estimated Housing Units by Year Structure Built (2008) 1939 or Earlier 2.80/. 1940 to 1949 40% 1950 to 1959 12.7% 1960 to 1969 16.7% 1970 to 1979 31.0% 1980 to 1989 19.2% 1990 to 1994 410% 1995 to 1998 3.3 /o 1999 to 2008 6. 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% Source: Estimated Claritas, 2008 Taking into consideration these figures, rehabilitation is one of the main components of the housing strategy. Number of Households During the period from 2000 to 2008, the number of households in Clearwater is estimated to have decreased from 48,449 to 47,673, or -1.6 percent. By 2013, the number of households is projected to have decreased by -1.4 percent. Out of the estimated 47,673 households in 2008, 56.4 percent are considered family households while 43.6 percent are non-family households. For the same year, 58.7 percent of Pinellas County households are considered family households while 41.3 percent are non-family households. Units by Type The relative distribution of housing types in the City has shifted significantly over the past 28 years. In 1980, single-family dwelling units accounted for over 50 percent of all dwelling units in the City. By 2000, multi-family and mobile homes accounted for over 55.7 percent of all dwelling units in the City. This shift represents a 6.4 percent decrease in single-family dwelling units, while the number of multi-family dwelling units grew by 5.2 percent. Overall, mobile homes increased by 1.2 percent since 1980. 8 Item # 8 Attachment number 4 Page 9 of 37 Number of Low Income Units (Owners) by Area Median Family Income Extremely Low <= 30%AMI 1,175 1,203 1,246 1,299 1,352 1,389 Very Low 30.01-50%AM1 853 874 901 936 968 991 Low 50.01-80% AMI 608 623 639 656 671 681 Source: Florida Housing Data Clearinghouse, Shimberg Center for Affordable Housing, University of Florida, 2009 Number of Low Income Units (Renters) by Area Median Family Income Extremely Low <= 30% AMI 1857 1917 1964 2006 2046 2083 Very Low 30.01-50%AM1 1167 1202 1241 1284 1328 1362 Low 50.01-80% AMI 362 373 385 401 416 427 Source: Florida Housing Data Clearinghouse, Shimberg Center for Affordable Housing, University of Florida, 2009 Residential Land Supply From 1996, developable vacant lands in the City declined from 600 acres to 420 acres in 2005. This relatively small supply of developable vacant lands demonstrates the fact that the City of Clearwater is effectively a built-out city. Given the total area of the City at 13,567 acres, the City is approximately 97 percent built-out. Because of this extremely high build-out percentage, availability of developable vacant lands within the City is minimal. Affordable Housing: The City has given its highest affordable housing priority to assisting low-income households and renters achieve and/or maintain homeownership. This will be accomplished through a variety of mechanisms, including down-payment/closing cost assistance, acquisition and rehabilitation/expansion, new in-fill housing and demolition/reconstruction programs. "Affordable" describes a relationship between two variables - the income of consumers (buyers and renters) and the cost (price) of the product (houses and apartments). Significant changes in either of these two variables can "produce" or 9 Item # 8 Attachment number 4 Page 10 of 37 "lose" affordable housing. During the period of 2000 to 2006, the "affordability gap" (the difference between what a person can afford and what is actually available) was growing larger. In the last two years, as housing prices have declined, this gap is smaller than previous years. However, given the current economic climate, financing is more difficult to obtain. Florida Association of Realtors information on the sale of existing single-family houses in the Tampa-St. Petersburg-Clearwater metropolitan area shown in the following table indicate an increase in median sales price from $105,800 in 2000 to $124,400 in 2001 and $139,300 in 2003. The growth rate then accelerated with annual increases of 15 percent from 2003 to 2004 and 26 percent from 2004 to 2005 as annual sales doubled from the 2002 level. Based on November 2006 data, the rate of price increases has slowed significantly to 2.7 percent in 2006. During this period, the increase in single-family house prices averaged 14 percent annually. To some extent, these statistics are affected by the mix of houses sold each year. Median Sales Price of Existing Housing $300,000 $250,000 •L U$200,000 Tampa-St. Petersburg- ' $150,000 Clearwater MSA Flori da $100,000 a? ? $50, 000 $0 ti°oo ti°o? & Note: (a) Data through November, 2006. Although the chart above shows rising median sales prices recent data show that the trend is now sliding downward. Recent sales data show that the median sales price in the Tampa-St. Petersburg- Clearwater MSA fell to $175,000 in May 2008. This is 13% percent decrease since 2006 when the median sales price was $229,000. Post November of 2006 sales prices have started to reflect the economic impact of the Sub-Prime Mortgage Crisis. As a result, median sales prices have shown a dramatic decline from previous year's numbers mostly due to an abundance of new homes on the market. According to Loan Performance House Index, the Tampa, St. Petersburg, Clearwater area had the 5t" largest price decline among 957 metro areas during the first quarter of 2008. Approximately 43 percent of all owner occupied housing units in the City are valued between $150,000 and $300,000. 10 Item # 8 Attachment number 4 Page 11 of 37 Owner Occupied Housing Values, 2008 $1,000,000 or more 2.1% $750,000 - $999,999 ' 1.8% $500,000 - $749,999 5.1% $400,000 - $499,999 4.8% $300,000 - $399,999 $200,000 - $299,999 $150,000 - $199,999 $100,000 - $149,999 $80,000 - $99,999 $60,000 - $79,999 $40,000 - $59,999 $20,000 - $39,999 Less than $20,000 0.0% Source: Estimates by Claritas 2008 12.2% The estimated median owner-occupied housing value in the City was $196,618. A recent June 2009 market report by Zillow shows the city's housing market index at $139,600 with a -23.2% change in the last year. It further lists the median list price of single homes in Clearwater at $219,000 and the median sale price of $159,500. Another June 2009 market report by Trulia Real Estate, show the median sales price in Clearwater at $85,000 in January 2000 and $120,000 in June 2009. In the last quarter from March 2009 to May 2009, the median sales prices show a decline of 14.3% or $20,000 compared to the prior quarter and a decrease of 27.2% compared to the prior year. Sales prices have depreciated 15.2% over the last 5 years. The Clearwater Real Estate Listings by Bedroom in June of 2009 are as follows: Number of Properties/Homes Average Listing Median Listings Bedrooms for Sale Price Price 1 233 $96,542 $69,971 2 988 $172,846 $124,900 3 630 $358,724 $198,333 4 234 $475,503 $328,250 5 45 $967,194 $502,842 Foreclosures As of June 2009, there were a total of 2,291 homes for sale in Clearwater. RealtyTrac states that of those properties that are for sale 1,798 are in foreclosure. The average foreclosure sale price was listed at $111,043. 11 Item # 8 17.5% 20.0% 22.5% 25.0% Attachment number 4 Page 12 of 37 FORECLOSURE ACTIVITY COUNTS - CLEARWATER, FL Range 0 10 20 30 40 50 60 Zip Code 33755 33764 33756 33763 33760 33761 33759 33765 33762 70 80 90 71; 90 Counts base on total number of properties that received a Foreclosure Auction Notice or bank repossession in April 2009. Clearwater has a foreclosure rate ranking score of 1309 with the number one being the city with the highest foreclosure ranking score. Housing Cost Burden Typically, in the attainable housing arena, we are dealing with households that have incomes ranging from extremely low-income [less than or equal to 30 percent of area median income (AMI), to at or below moderate income (less than or equal to 120 percent AMI). Most state and federal definitions of affordable housing indicate that a household should not pay more than thirty percent (30%) of their household income toward housing expenses. Those housing expenses account for mortgage payment (principal and interest), taxes and insurance. Using the "affordable" definition, a family of four (4), who is very low-income, can afford to pay $680 per month for housing expenses. Minimum Extremely Very Low Moderate Wage Low Low Income Income (25% AMI) (30% AMI) Income (80% (120% (50% AMI) AMI) AMI) $14,125 $16,950 $29,600 $47,350 $71,040 Monthly "Affordable" Payment $353 $408 $680 $1,088 $1,632 2009 Income levels for a family of four in the Pinellas (Tampa Bay Metro) area 12 Item # 8 Attachment number 4 Page 13 of 37 The table above represents that very-low income families can afford $680 in their monthly housing expenses, based on their household income. The incomes are based on the "2009 Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area (MSA)" Income Levels, which is $59,200. Households that are paying more than 30 percent are said to be "cost burdened" (i.e., paying too much for housing expenses). Some households are paying between 40 percent and 50 percent of their income just to find a decent place to live, which leaves little for life's other expenses, such as utilities, food, insurance, etc. This puts a tremendous strain on a low-income household, especially with the growing property insurance crisis that many in the state are facing. The ability of Pinellas County residents to afford local housing is measured in terms of the percent of income spent for housing. The U.S. Department of Housing and Urban Development (HUD) sets the affordability standard at 30 percent of gross income spent for total housing costs - rent or mortgage payment plus utilities, insurance and real estate taxes. Those households spending more than 30 percent of their income for housing are termed to be "cost burdened", and those spending more than 50 percent of their income are termed to be "severely cost burdened." In 2005, before housing prices increased more than 20 percent, 38.0 percent of Pinellas County homeowners spent more than 30 percent of their income for housing - 69,700 households. More critically, 14.6 percent spent more than one-half of their income for housing and 7.2 percent spent 40 to 49 percent of their income. Among renters, the cost burdens were even more severe with almost half of renter households spending more than 30 percent of their income for rent. Almost one- quarter of renter households spent more than one-half of their income on rent, and 9.1 percent spent 40 to 49 percent of their income. As recipients of Community Development Block Grants (CDBG) and HOME affordable housing funds from the U.S. Department of Housing and Urban Development (HUD), jurisdictions in Pinellas County are required to prepare strategy documents to guide the use of housing funds every five years. Within Pinellas County, these five-year strategic plans are prepared by the City of St. Petersburg, the City of Clearwater and by a consortium consisting of Pinellas County and 20 municipalities. The following tables, charts and narrative detail the housing cost burden of renters and owner occupied housing for the City of Clearwater over a ten year period. Table 3 presents rental housing cost burden data provided in each of the respective five- year strategic plans, supplemented with data from the 2000 U.S. Census and 2005 American Community Survey. As shown, in 2000 there was already a substantial rental housing cost burden. Countywide approximately 40 percent of renter households were cost burdened including approximately 18 percent that were severely cost burdened. Between 2000 and 2005, the rental cost burden grew markedly worse. As of 2005, 49 percent of Pinellas County renter households (58,970) faced a housing cost burden, an increase of 9 percentage points. Meanwhile by 2005, 23 percent (29,298) of renter households faced a severe cost burden, an increase of 5 percentage points. 13 Item # 8 Attachment number 4 Page 14 of 37 Table 3: Rental Housing Cost Burden, 2000 to 2005 Cost Burdened Households (a) Severely Cost Burdened Households (b) Total Renter Households Percent Percent 2000 Census Number of Total Number of Total Number Clearwater 7,547 41% 3,449 19% 18,310 2005 American Community Survey Clearwater 8628 46% 4,777 26% 18,562 Change 2000 to 2005 Clearwater 1,081 5% 1,328 7% 252 Notes: (a) Cost burdened households are those with total housing costs exceeding 30 percent of gross household income. (b) Severely cost burdened households are those with total housing costs exceeding 50 percent of gross household income. Sources: St. Petersburg Five Year Strategic Plan, 2005 -2010; Clearwater Consolidated Planning Document, 2005-2010; Pinellas County Consortium's Consolidated Strategic Plan FY's 2006-2010; Pinellas County Consortium's Consolidated Strategic Plan FY's 2006-2010; U.S. Census, 2000; American Community Survey, 2005; BAE, 2006. To further illustrate the cost burden for renters, the table shown below states that the average rent and number of units increased. The average monthly rent for all types of rental units increased from $856 in the third quarter of 2006 to $954 in the third quarter of 2008. The average rent increased $96 a month between the third quarter of 2006 and 2007, with a more modest $2 increase in average rents in 2008. Average rents have increased 22.6 percent since 2005, as has the average square footage of all apartment units. Rental Market Averages (2005-2008) 2008 12449 1308 89.5% 982 934 975 954 2007 13248 782 94.1% 979 933 971 952 2006 11990 156 98.7% 969 840 873 856 2005 13555 304 97.8% 968 765 792 778 Source: Bay Area Apartment Association- Apartment Market Survey Third Quarter Reports 2005-2008 14 Item # 8 Attachment number 4 Page 15 of 37 As indicated in the table above, average rents have increased a minimum of 11 percent for all unit types since the third quarter of 2005. While rents have increased across the board, there has been a reduction in the overall number of rental units on the market since 2005. Smaller units have experienced the greatest reduction in overall numbers with 2-bedroom/1.5-bath units declining 32 percent since 2005. One and two bedroom rental units comprise by far the greatest percentage of rental unit types in the Clearwater housing market. There has been a reduction in the number of three bedroom units available and no change in the number of four bedroom units available. This concentration of one and two bedroom units indicates there are only a limited number of rental opportunities for larger families. Another trend worth noting is the occupancy rate of all rental units, which was 98.7 percent in 2006 and dropped to 89 percent in 2008. This trend indicates that during 2006, rental housing was in demand. The number of additional rental units available in 2007 increased by 10 percent to address some of this demand, however the number of vacant units increased by over 400 percent. Similar to the rental cost burden, ownership data reflect a steep decline in housing affordability between 2000 and 2005. The table below presents ownership housing cost burden data. During this five-year period, the number of cost-burdened owner households increased by approximately 42,200, while the number of severely cost- burdened households increased by approximately 17,700. As of 2005, 31 percent of owner households (92,371) were cost burdened, including 12 percent (35,942) who are severely cost burdened. Table 4: Owner Housing Cost Burden, 2000 to 2005 Cost Burdened Severely Cost Burdened Total Owner Households a Households b Households Percent Percent 2000 Census Number of Total Number of Total Number Clearwater 5,136 26% 1,841 9% 19,964 Pinellas County 50,169 24% 18,229 9% 207,876 2005 American Community Surve Clearwater 10,863 35% 3,796 12% 30,945 Pinellas County 92,371 31% 35,942 12% 297,069 Change 2000 to 2005 Clearwater 5,727 9% 1,955 3% 10,981 Pinellas County 42,202 7% 17,713 3% 89,193 Notes: (a) Cost burdened households are those with total housing costs exceeding 30 percent of gross household income. (b) Severely cost burdened households are those with total housing costs exceeding 50 percent of gross household income. Sources: St. Petersburg Five Year Strategic Plan, 2005 -2010; Clearwater Consolidated Planning Document, 2005-2010; Pinellas County Consortium's Consolidated Strategic Plan FY's 2006-2010; Pinellas County Consortium's Consolidated Strategic Plan FY's 2006-2010; U.S. Census, 2000; American Community Survey, 2005; BAE, 2006. 15 Item # 8 Attachment number 4 Page 16 of 37 The table listed below shows a further analysis of the cost burden in 2005 with 32.8% of owners and renters paying more than 30% of their income for housing. Households and Cost Burden (2005) Owner 21,940 4,865 3,136 29,941 Renter 11,146 4,226 3,472 18,844 Source: Florida Housing Data Clearinghouse, Shimberg Center for Affordable Housing, University of Florida, 2009 Homeless: The City is a member of the Pinellas County Coalition for the Homeless (PCCH), which is the lead agency for the Continuum of Care. The City supports the Coalition and the priorities established in this Plan match those of the Continuum of Care. The highest homeless priority is given to ending chronic homelessness, families with children, providing shelters and transitional housing, and starting to incorporate the "Housing First" model of providing housing to homeless populations when applicable. The City can utilize CDBG/HOME/SHIP funds to support additional shelters/housing and some of the service providers utilize CDBG and ESG monies for service delivery. The City is also a member and has two seats on the Homeless Leadership Network (LHLN), which is the group that used to be the Homeless Policy Group (HPG). The HPG was responsible for the development of the countywide "10 Year Plan to End Homelessness" that was adopted by the City in March 2006. The HLN is responsible for the oversight of the implementation of the 10-Year Plan and meets monthly to discuss initiatives, priorities, strategies and outcomes. The HLN has the same members as did the HPG, but they have added a few key members from various important stakeholder groups, of which one is the Executive Committee of PCCH. Non-Homeless Special Needs Population: The City has given the non-homeless special needs populations (who require supportive facilities/housing) a medium priority and intends to continue to support activities in this area as we are present projects and/or as we identify activities. Within this group the elderly are being given the highest priority. 16 Item # 8 Attachment number 4 Page 17 of 37 Community Development: The City will continue to place its highest priority on the holistic physical revitalization of its older low-income neighborhoods and commercial areas. These activities include such things as: physical improvements such as roads, storm drainage, water and sewer, sidewalks and landscaping; public facilities such as parks, recreation areas, senior centers, community centers and public safety facilities; along with commercial fagade improvements, neighborhood clean-ups, code enforcement, the demolition of unsafe structures and historic preservation. Identify the federal, state, and local resources expected to be made available to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low-Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. FY2009-2010 - LIST OF PROPOSED ACTIVITIES Housing Rehabilitation City of Clearwater Rehab Program Delivery Costs $140,000.00 Program Administration Community Development Block Grant Program $186,562.00 HOME Investment Partnership Program $58,901.00 State Housing Initiatives Partnership Program $9,733.00 Community Development Block Grant Program - Recovery $25,154.00 Public Services Willa Carson Community Health Resource Center $25,000.00 Family Service Center, Inc. $20,829.00 Homeless Emergency Project, Inc. $20,000.00 Pinellas Opportunity Council - Chore Services $30,000.00 Gulf Coast Legal Services, Inc. $19,983.00 Clearwater Homeless Intervention Project - Emergency Shelter $30,000.00 Community Service Foundation $10,0000.00 Gulf Coast Jewish Family Services-Disable & Frail Elderly $7,000.00 Pinellas County Core Management Services, Inc. $16,802.00 Public Facilities and Improvements East Gateway Sidewalks Improvement Project $146,395.00 Religious Community Services - Food Pantry Improvements $45,710.00 Homeless Emergency Project - Service Center $150,000.00 Economic Development 17 Item # 8 Attachment number 4 Page 18 of 37 Economic Development-Program Delivery $10,000.00 East Gateway Fagade Improvement Program $80,000.00 Acauisition/Infill Housinci-SF/MF City of Clearwater Infill Housing-Program Delivery $35,000.00 Housina Education Pool** Tampa Bay CDC - Homeownership Counseling Program Tampa Bay CDC - Dream of Homeownership Counseling Program Community Service Foundation - Partnership To Ownership Program Community Service Foundation - Homebuyer Education Program Clearwater Neighborhood Housing Service - Housing Education Program Housina Pool - SF/MF - DPA, Infill, Rehabilitation, New Construction $715,282.00 - Largo Area Housing Development Corporation - Clearwater Neighborhood Housing Services, Inc. - Homes for Independence, Inc. - Community Service Foundation, Inc. - Habitat for Humanity of Pinellas County, Inc. - Tampa Bay Community Development Corporation HOME Program - CHDO Set-Aside (15% of Allocation) $88,353.00 TOTAL ESTIMATED FUNDING $1,870,705.00 **Funding for Housing Counseling will be provided from prior year resources or as a direct result of assistance. Managing the Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Program Year 5 Action Plan Managing the Process response: The City of Clearwater - Economic Development and Housing Department - Housing Division is the lead agency for administering the City's Consolidated Action Plan and Consolidated Planning Document. 18 Item # 8 Attachment number 4 Page 19 of 37 The city partners with several not for profit agencies to implement the goals and objectives the city has established in the Consolidated Planning Document. To obtain these partners, the city annually publishes a Notice of Funding Availability in the local newspaper and on its website in February. This notice informs the non-profits of the resources the city will make available and the eligible uses of these resources. It also informs them of the application period for requesting funds. The City's Technical Review Committee reviews and ranks the applications. From results of the ranking committee, the city will prepare a summary of proposed projects and place it in the local paper for public comments. Additionally, the City holds a public hearing to obtain any further comments on the proposed FY09-10 Recommended Allocations with the City's Neighborhood & Affordable Housing Advisory Board in May. The Draft Consolidated Action Plan Summary was made available in the local newspaper and City's website for citizens to review. The Plan will then be brought before the City's Neighborhood & Affordable Housing Advisory Board and City Council for final approval on July. Consultation for the City's Housing and Community Development programs is an ongoing process for departmental staff. Staff stays attuned to housing and community development issues and needs through the following means: 1. Membership in local and state organizations 2. Participation by City staff on boards, committees and agencies 3. Discussions at committees supported by the City 4. Technical assistance to agencies and other entities 5. Working with local lenders on Community Reinvestment Act commitments and requirements 6. Participation in public forums 7. Holding public hearings 8. Preparation of documents; flyers and brochures regarding specific programs 9. Special studies. Citizen Participation 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. 19 Item # 8 Attachment number 4 Page 20 of 37 Program Year 5 Action Plan Citizen Participation response: The City of Clearwater has adopted a Citizen Participation Plan (and Anti- Displacement Plan) that meets all HUD regulations. The City advertised the "Notice of Funding Availability" on March 6, 2009 in the St. Petersburg Times and also posted the Notice on the City's website. The Application period opened on March 6, 2009 and closed on April 6, 2009. The City will hold a public hearing for the proposed "FY09-10 Recommended Allocations" at the City's Neighborhood and Affordable Housing Advisory Board (NAHAB) July 14, 2009 meeting. The Draft Consolidated Plan was made available for a thirty-day public review and comment period. Instructions for persons with disabilities who required accommodation(s) for participation in all public hearings was contained in all notices for public hearings. The final FY09-10 Consolidated Action Plan is scheduled to be approved by the City Council on July 16, 2009. The City maintains ongoing contacts with all its Housing, Homeless and Community Development partners through notices of NAHAB meetings and other areas of interest. In order to broaden the public participation process the City frequently will advertise meetings and events on the City's Web Site. The website also provides a comprehensive listing of the City's Economic, Housing and Community Development programs. Institutional Structure 1. Describe actions that will take place during the next year to develop institutional structure. Program Year 5 Action Plan Institutional Structure response: The City's continues to work with the various providers and partners of their programs in an effort to expand its services and opportunities and to make small, continuous improvements to the process and continue to solicit input from all organizations involved in the process. We also plan to work with our less experienced non-profits to build and expand their capacity so that they can become self-sufficient. Monitoring 1. Describe actions that will take place during the next year to monitor its Housing and Community Development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. 20 Item # 8 Attachment number 4 Page 21 of 37 Program Year 5 Action Plan Monitoring response: All subrecipients will be provided guidance on where they can obtain a detailed listing of the federal and local regulations relating to their specific activity, along with an explanation as to how these apply to the particular project. Specific subrecipient agreements will be executed with each subrecipient, giving measurable objectives for the eligible activities to be carried out. Each project is monitored on an ongoing basis through the submittal of required monthly reports, and pre-construction conferences attended by department staff. Documentation submitted with reimbursement requests is reviewed for compliance with applicable regulations and measurable objectives prior to issuing funds. On-site monitoring of selected subrecipients will be scheduled and completed annually by the Housing Manager. A checklist will be completed and reviewed to ensure all aspects of the activity are carried out in accordance with applicable regulations. A follow-up letter will be sent to the subrecipient stating the outcome of the monitoring visit. In addition to the above documentation, any subrecipient determined to be in need of and/or requesting additional training on how to meet grantee and federal requirements will receive technical assistance in the form deemed most appropriate to the circumstances by the monitor. HOME: Monitoring will be carried out in accordance with federal regulations to ensure compliance with all HOME requirements. Each subrecipient will be monitored on-site to verify that: 1. The minimum percent requirement for "HOME Assisted" units is being met under the contract 2. Eligible tenant occupancy meets the minimum percent requirement for "HOME Assisted" units under the guidelines 3. Contractual requirements regarding concentration of "HOME Assisted" units and special treatment of HOME tenants are being adhered to 4. The waiting list procedures are in compliance with the grant covenants 5. The Equal Housing Provisions of the contract are being adhered to 6. The MBE and WBE provisions of the contract are being adhered to 7. The HOME assisted units meet housing quality standards, and on-site files will be reviewed for the following information: o Current and signed lease o Lease that is being used meets the requirements of the HOME Program o Verify tenant's signature to an acceptable form of identification o Verify monthly rent is in compliance o Verify tenant's income is supported by file documentation o Verify annual recertification was performed in a timely fashion and in compliance with contract provisions 21 Item # 8 Attachment number 4 Page 22 of 37 Lead-based Paint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extremely low-income, low-income, and moderate-income families, and how the plan for the reduction of lead-based hazards is related to the extent of lead poisoning and hazards. Program Year 5 Action Plan Lead-based Paint response: Throughout the fiscal year the County Health Department screens and tests school children for lead poisoning. The City will continue to test all buildings built before 1978 for lead-based paint in all its housing programs. Lead-Based Paint Hazard Reduction - The City follows procedures as specified in applicable regulations and, specifically, those detailed in Title X. The Department and its representatives provide all required notifications to owners and occupants and inspect for defective paint surfaces of pre-1978 properties. Any defective paint conditions found are included in the scope of work and treatment provided to the defective areas. No children under 7 years of age have been found to have identified Environmental Intervention Blood Lead Level (EIBLL) condition; however, interior chewable surfaces are treated as necessary. All Department policies and procedures have been revised to conform to Title X. In every program where Federal funds are expended on a housing unit, the City incorporates the current procedures for hazard reduction or LBP abatement guidelines as defined in 24 CFR Part 35. A problem that impacts the rehabilitation of owner-occupied housing units is the presence of lead based paint if the home was built prior to 1978. The costs for the treatment or removal of these conditions can go from minor costs for encapsulation to major costs for removal. When a home is identified as a candidate for the City's Rehabilitation program, and if it was built prior to 1978, it is inspected for lead in accordance to the rules of the federal programs. Should lead hazards be found, the City will discuss the options with the homeowner to eradicate the lead presence. The City may provide up to a $10,000 grant for lead abatement. The City works closely with the Willa Carson Health Resource Center (f/k/a North Greenwood Community Health Resource Center) and the Pinellas County Health Department in referring children for lead-based paint screenings. The City has recently done some extensive research to obtain some educational and outreach materials pertaining to lead-based paint. We have put many brochures, education materials and useful links that we have found on our website for citizens to obtain and read. The City of Clearwater has received a $400,000 grant from the U.S. Environmental Protection Agency (EPA) for the city's Brownfields Program to conduct environmental assessments. As part of the grant, Clearwater plans to continue to affect 22 Item # 8 Attachment number 4 Page 23 of 37 environmental justice issues impacting the health and welfare of residents in the Brownfields area, which covers all three Neighborhood Revitalization Strategy Areas. Special attention will be focused on regulatory listed sites near residential communities and other areas with an increased probability to impact sensitive populations. Clearwater will work with the Pinellas County Health Department (PCHD) and other health care providers to implement activities in the current EPA- funded public health monitoring plan. Several census tracts in the Brownfields area have been designated "lead high hazard" areas by the CDC. The City is committing $36,000 of grant funds to implement activities recommended in its EPA-funded public health monitoring plan for the Brownfields area. It is anticipated that a combination of monitoring blood lead levels in children and utilizing Pinellas Environmental Health Unit's capability to screen lead based paint with XRF monitoring equipment will begin to address potential lead poisoning in area residents. Other potential monitoring may include evaluation of potential health impacts from soil/groundwater contamination from sites possibly impacting sensitive populations. In developing the public health monitoring plan, the City will also consider community progress in meeting Healthy People 2010 objectives, particularly those relevant to the Brownfields area: physical activity, overweight/obesity, environmental quality. Specific Housing Objectives *Please also refer to the Housing Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 5 Action Plan Specific Objectives response: PRIORITIES AND SPECIFIC HOUSING OBJECTIVES FOR FY2009-2010: The City will provide funding in the following amounts to accomplish the specific housing objectives in the coming year: The City is committed to preserving our existing housing stock and during this upcoming year. We have also allocated $715,282 in CDBG/HOME/SHIP funds for our Housing Pool, which funds such activities as: down payment assistance, infill housing development, acquisition, new construction of single family and multifamily projects and housing rehabilitation. The Housing Pool funds are primarily used by our Housing Partners, but if the City identifies a project, we can also access those funds. Housing Pool $715,282.00 CHDO Set-aside $88,353.00 In terms of Housing Education and Counseling, the City will allocate funds from program income generate by loans made with prior funding through the State Housing Initiatives Partnership (SHIP) Program. The City, through its partners, will offer budgeting, financial management, and homeownership counseling in an effort 23 Item # 8 Attachment number 4 Page 24 of 37 to assist the very-low to moderate income underserved to becoming financially sufficient to purchase and maintain a home. The City of Clearwater will continue to monitor current market conditions regarding foreclosures and will amend our plans if additional funds are needed and if they are available. The organizations that will be providing Housing Education during the next fiscal year include: 1. Tampa Bay Community Development Corporation, Inc. 2. Community Service Foundation, Inc. 3. Clearwater Neighborhood Housing Services, Inc. In addition, funds will be made available through the City's Housing Pool to our housing subrecipients through a housing pool, which is based on a first-come, first- serve, and first-eligible basis. Through the Housing Pool participating organizations can provide down payment assistance, request funds for new construction and/or funds for acquisition/rehabilitation activities. Fair Housing The City also routinely updates its Housing brochure and plans to make it available in Spanish. The City has put on our website documents pertaining to such things as: "Responsible Lending", "Predatory Lending" and "Fair Lending" (a copy of the Housing Division's Website is located in Appendix). Gulf Coast Legal Services will receive $19,983 in CDBG funds to provide services to assist their housing preservation activities. Their Housing Preservation program will provide assistance to low to moderate income residents who are experiencing or who have experienced discrimination and/or fraud in housing and to remedy those matters through negotiation, mediation or litigation and to report violators to the local Fair Housing Authority for investigation if warranted. In addition, Community Service Foundation will receive $10,000 in CDBG funds to administer their Fair Housing Education program. In an effort to conduct more outreach to those Areas of Minority Concentrations (AOMC) the City and its Housing Partners, will continue to explore avenues to address the Housing and Community Development needs of AMOCs and develop/obtain marketing-education materials for those populations. Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. 24 Item # 8 Attachment number 4 Page 25 of 37 Program Year 5 Action Plan Public Housing Strategy response: The Clearwater Housing Authority (CHA) has in place an ongoing management program to involve residents in its operations. CHA is recognized throughout the state and nation as being a very progressive Housing Authority. Income eligible residents of CHA's programs are eligible for all of the City's affordable housing programs. The City continues to express our interest to partner with CHA on their redevelopment of their Parkview Village in East Clearwater. CHA has demolished a development that was made up of old outdated multifamily structures. Due to unforeseen site development costs, the redevelopment has been delayed. CHA has selected a development partner to assist with the redevelopment. It is envisioned that the community will be a mixed-income/mixed-use type community. The City's Public Housing Authority is not listed as troubled by HUD. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 5 Action Plan Barriers to Affordable Housing response: The City of Clearwater, along with Pinellas County and the Cities of Largo and St. Petersburg, in conjunction with the business community, formed a "Community Housing Workgroup" in the summer of 2005 to look at the various issues and challenges facing the County in terms of affordable/community/workforce housing. Pinellas County was the lead on this endeavor. Since that time the County has adopted a series of ordinances aimed at addressing their affordable housing challenges. The Pinellas County Commission adopted an ordinance to create a County Housing Trust Fund that will benefit the four (4) federal entitlement communities along with all the other incorporated cities in the County. The County has funded the trust fund during the last three fiscal years. However, the City will not be receiving an entitlement allocation in FY09-10 due to County budget restraints. In addition, the City, along with Pinellas County and the Cities of Largo and St. Petersburg funded an Affordable Housing Nexus Study. The full study can be reviewed at Vwww ._inellscountv.org/community/nexus.f. The study concluded the following as barriers to affordable housing: • Jurisdictions throughout Pinellas County report the number of housing units authorized by new building permits each month to the U.S. Bureau of the Census. • The cost burdens of insurance and real estate taxes are beginning to outstrip the mortgage payments, particularly among residents who bought their homes some time ago. • The lack of flexible zoning regulations reduce the number of units that can be 25 Item # 8 Attachment number 4 Page 26 of 37 built. Thereby, increasing the costs for housing units. • Land costs are particularly difficult to generalize because values range dramatically from beachfront property to inland properties with limited accessibility and visibility. • Soft costs include architectural and engineering fees, legal and accounting fees, financing fees and interest costs, developer fees, insurance, real estate taxes, building fees and permits, impact fees and contingency funds in case unforeseen costs occur or the actual costs are higher than the estimated costs. • Hard construction costs have increased in response to a number of economic factors. The housing market increased demand for raw materials and construction services. These barriers were well documented in 2005. However, since 2006 the barriers have changed. While insurance and taxes, land costs, hard and soft costs continue to be a barrier today, other barriers now exist. They include the lack of the availability of financial options, loss of jobs, wages, unemployment, lack of acceptable credit, and more regulated underwriting practices. Rental Housing Rental housing in apartment communities of 50 or more units totaled just over 30,000 units in the second quarter of 2006. This number included 45 percent one- bedroom units, 46 percent two-bedroom units and 7 percent three-bedroom units. The table shown below further exhibit the type, availability and percentage change in unit from 2005 to 2008: Efficiency 260 209 193 197 -24.0% 1BR/1BA 5744 4870 5486 5256 -8.0% 2BR/1BA 2000 1881 1924 1783 -11.0% 2BR/1.5 BA 480 418 410 328 -32.0% 2BR/2BA 3913 3510 3938 3701 -5.0% 2 B R/2.5 BA 64 64 64 64 0.0% 3BR/2BA 1004 962 1109 1020 2.0% 3BD/2.5BA 4 4 4 4 0.0% 4BD/2BA 34 24 34 34 0.0% All Units 13555 11990 13248 12449 -8.0% Source: Bay Area Apartment Association- Apartment Market Survey Third Quarter Reports 2005-2008 Average rents increased from $716 in 2004 to $801 in 2006, a 12-percent increase in two years. Rent increases were highest from 2005 to 2006, averaging 7.8 percent. The rent increases accompanied a significant tightening of the market as vacancy rates fell from 7.0 percent in 2004 to 3.8 percent in 2006. Typically, rental markets need vacancies of 5.0 percent to accommodate tenants. 26 Item # 8 Attachment number 4 Page 27 of 37 The table illustrated below show that rents have stabilized after a sharp increase in 2006. 2008 12449 1308 89.5% 982 934 975 954 2007 13248 782 94.1% 979 933 971 952 2006 11990 156 98.7% 969 840 873 856 2005 13555 304 97.8% 968 765 792 778 Source: Bay Area Apartment Association- Apartment Market Survey Third Quarter Reports 2005-2008 To address the rental housing needs for seniors, the city committed $200,000 in FY 2008-09 HOME Program and $345,000 in prior year SHIP funds to Pine Berry Senior Limited Partnership to build an eighty-five unit senior housing development project. The total project development cost will be in excess of $14 million. The project will consist of 43 one-bedroom units and 42 two-bedroom units. The rents will vary from $313 per month for a one-bedroom one bath unit to $644 per month for two bedroom one bath unit. The rents will be based upon a 35%-65% annual median income for the tenants. To address the rental housing needs of the disabled, the city is reviewing a $129,000 funding request from Boley Centers Inc. to rehabilitate a 13 unit Transitional Housing Apartment Building (Covert Apartments). The project consists of eight two-bedroom units, 4 one bedroom units and an efficiency unit. The rents will be $750 for the two bedroom units and $500 for the one bedroom units. No tenant will pay more than 30% of the income for rents. The project is proposed to start construction by December 2009 and be completed by March 2010. Rents versus Wages The National Low Income Housing Coalition (NIHC) calculates another measure of the affordability of rental housing, evaluating the hourly wage required to afford the median rent for a two-bedroom apartment and the number of hours a minimum- wage worker would need to work to afford the same unit. In Pinellas County, the NLIHC uses the 2009 Fair Market Rent of $782 as the estimated cost of renting a two-bedroom apartment - 28 percent above the 2000 level. To afford such a unit paying 30 percent of income for housing, a household would need an annual income of $32,680. The wage-earner of a single-earner household would need to make $15.71 per hour to afford the median-priced apartment - 28 percent more than the mean wage of county renters. A person earning minimum wage would need to work 98 hours per week to afford the median rent. The householder earning the mean renter wage would need to work 51 hours weekly to afford the median rent; many, in fact, work two jobs to cover their housing costs. The City continues to analyze the variety of tools and incentives that may be used in the future to produce and preserve affordable housing. 27 Item # 8 Attachment number 4 Page 28 of 37 Over the past years there has been a tremendous activity of education and workshops, held by various segments of the private, non-profit and government sectors to raise awareness of the growing affordable housing challenges. The City continues to look at our current affordable housing programs and policies to determine what sort of additional "tools" we can add to our "Affordable Housing Toolbox" to address our affordable housing challenges. HOME/ American Dream Down payment Initiative (ADDI) 1. Describe other forms of investment not described in § 92.205(b). 2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in § 92.254 of the HOME rule. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. 4. If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: g. Describe the planned use of the ADDI funds. h. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. 28 Item # 8 Attachment number 4 Page 29 of 37 Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Program Year 5 Action Plan HOME/ADDI response: The funds set aside for the City's Homeownership Rehabilitation Program will be used to rehabilitate up to twenty (20) homes. In addition to our typical loan for rehabilitation repairs, the City may also provide funds in the amount up to $10,000 for emergency repairs, if their income is at or below 80% of Area Median Income (AMI). The funds will be provided as a loan in most cases, but at times under certain conditions a grant may be used. In the City's Homeowner Rehabilitation program, the City will make loans to homeowners of up to 50% of the value of their home, but in no case shall it exceed $50,000. The average rehabilitation assistance has been ranging from $30,000 - $40,000. The loan may be a deferred payment loan for homeowners whose income is less than 80% of AMI, and it will be payment-type loan for homeowners whose income are above 80% of AMI and have the ability to make a small payment. For households above 80% AMI the City will use our SHIP funds, if available. The City will place priority on serving very-low and low-income households over moderate- income households. All loans will include a recapture provision should the homeowner sell, rent, and/or transfer the property within its affordability period. For loans that use HOME funds, the City will attach to the mortgage document a "Restrictive Covenant" outlining the requirements of the HOME funds. A copy of the Restrictive Covenant is included in the Appendix. The City will typically recapture the entire amount of the investment less any amount the homeowner has repaid. Funds set aside for new construction and acquisition through the Housing Pool will be made to homeowners whose income is less than 120% of area median income (at or below 80% for HOME). In most cases the funds will be provided as a deferred payment loan until the home closes and the new owner obtains permanent financing. At that point the developer shall repay the City for the entire amount of the investment, less any funds left-behind for down payment and closing cost assistance. If the non-profit developer is a Community Housing Development Organization (CHDO), the City may allow them to retain the proceeds from the sale of the home to be used for future HOME eligible activities. In those cases the City will enter into a separate "CHDO Proceeds Agreement" that outlines the uses of the CHDO Proceeds. The City will include the applicable recapture language/Restrictive Covenants in all loan documents using HOME funds. The City continues to use CHDO funds to help build capacity in our housing non- profits and to assist with many predevelopment type expenses for proposed developments that those organizations are pursuing. Funds made available to homebuyers of new or existing homes for down payment and closing cost assistance will be deferred as long as the homeowner obtains title and resides in the home and does not rent, sell or transfer title. A recapture provision will be included in the loan where the homeowner will repay the entire amount of the City subsidy/investment. A HOME Community Housing Development Organization (CHDO) has yet to be 29 Item # 8 Attachment number 4 Page 30 of 37 determined for the existing year and upcoming fiscal year, therefore the type of project/activity is "unknown". A total of $88,353 will be set-aside for CHDO activities (15% of HOME allocation) The City is not a recipient of HOME - ADDI funding. Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs.xls workbook. Sources of Funds-identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness-in a narrative, describes how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic Homelessness-the jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. 4. Homelessness Prevention-the jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy-Explain planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Program Year 5 Action Plan Special Needs response: The City continues to work with our homeless service providers to address the needs and services of our homeless populations. The January 2008 Homeless Count was 5,200 and it continues to grow each year. This amount shows a 10% increase since 2006. 2009 Pinellas Homeless Count and Survey Total Homeless Individuals and Families - Unsheltered and Sheltered 2009:6235 2007: 5195 30 Item # 8 Attachment number 4 Page 31 of 37 % increase from 2007: 20% Unsheltered Homeless Homeless Children (under 18) Individuals and Families (Unsheltered and Sheltered 2009: 2232 2009: 1944 (31.2% of all homeless) 2007: 1221 2007: 961 (18.5% of all homeless) % increase from 2007: 82.7% % increase from 2007: 102% increase Gender of Total Homeless 2009 Primary Reasons for 2009: 34% female 66% male Homelessness (some checked , (unsheltered: 32% female, 68% more than one) male) Lack of income/lost job, financial 2007: 28% female, 72% male reasons: 86.3% Alcohol or drugs: (unsheltered: 20% female, 80% 22.6% male) Eviction or foreclosure: 18.6 % • Reflects increase in homeless families Family breakup: 21.8% Emotional problems: 13.9% Release from jail or prison: 10.1% Fleeing or leaving foster care: 0.7% Domestic violence: 5.7% • Dramatic increase in financial reasons Lencith of Time in Pinellas County Unsheltered Number of Times Have Been Homeless 2009: 2007: Less than one month: 2009 2007 6.7% 7.1% First Time: One-three months: 38 % 34% 4.1% 7.1% 2-3 times: Three months to one year: 34% 33 % 31.5% 10.7% 4 or more times: One-five years: 28 % 33 % 17.6% 21.3% More than five years: • Reflects significant increase in the 46.8% 51.1% number of individuals and families • Most frequent reasons for moving here homeless for the first time, reduction in are (I)for jobs or (2) because those homeless four times or more family/friends were here • More than 35% grew up in Pinellas • 67% of those who moved here became homeless after coming to Pinellas County Aae of Homeless Pouulations Race of Homeless Pouulations 2009 2007 2009 2007 1-17: Amer. Indian/Alaskan Native 31 Item # 8 Attachment number 4 Page 32 of 37 31.5% 18.5% 1.5% 1.4% 18-64: 65 Asian % 73.8% 0.7% 0.2% 65+ African-American 3.5% 7.7% 30.0% 27.3% • Reflects significant increase in youth Caucasian homelessness. Total figure for older 62.5% 67.2% homeless approx. the same, justa Native Hawaiian/Pacific Islander smaller percentage 0.4% 0.2% • Larger percentage of 44-55 year olds, Other/Other Multi-Racial especially in unsheltered homeless 4.9% 2.8% Veterans Status Ethnicity of Homeless Population 2009 2007 2009 2007 Veterans Hispanic 18.2% 23.6% 6.2% 7.5% Non-Veterans Non-Hispanic 81.8% 76.4% 85.7% 87.4% • Actual numbers are almost the Refused same in the two years, but the 8.1% 5.1% 2009 numbers are of a larger total number so the percentage is smaller Disability of Lona Duration Tvues of Disability (many have more than one) 2009 2007 Yes 2009 2007 42.8% Alcohol/Drugs No 29.5% 37.6% 57.2% Developmental 3.5% 9.1% HIV/AIDS 5.0% 2.3% Mental Health/Emotional 45.4% 36.2% Physical/Medical 45.3% 40.4% Other 7.0% • Significant increases in physical/medical and mental health disabilities reflect the worsening of health due to homelessness, poverty, economic problems 32 Item # 8 Attachment number 4 Page 33 of 37 Locations Where the Unsheltered 2009 Locations Where Homeless Report They Mainly Unsheltered and Sheltered Stay Homeless Last Had a Permanent Address 2009 2007 Clearwater Clearwater: 20.3% 12.2% 10.3% Dunedin Dunedin: 1.6% 0.5% Gulfport/South Pasadena Gulfport/South Pasadena 0.5% 0.7% Indian Rocks Beach/Madeira Indian Rocks/ Madeira Beach, Redington Beach Beach, Redington Beach 0.8% 0.6% Largo Largo 4.6% 5.4% Oldsmar Oldsmar 1.1% 0.4% Palm Harbor Palm Harbor 0.5% 0.5% Pinellas Park/Lealman Pinellas Park/ Lealman 10.1% 5.5% Safety Harbor Safety Harbor 0.6% 0.5% Seminole Seminole 2.2% 1.5% St. Petersburg St. Petersburg 45.6% 39.9% 45.8% St. Pete Beach/Treasure Isl. St. Pete Beach/Treasure Isl. 1.6% 1.3% Tarpon Springs Tarpon Springs 6.2% 1.2% Other Pinellas City/County 20.2% TOTAL PINELLAS 74.2% TOTAL PINELLAS Florida/ Non-Pinellas 95.7% 72.3% 9.7% Florida/ Non-Pinellas Other States/ Non-Florida 0.6% 21.6% 1.2% Other/Unknown Other/Unknown 3.7% 14.9% Other State This number includes those on 6.1% the street as well as those in • More of the unsheltered emergency shelter (including respondents stated that they Pinellas Hope) and transitional normally stay in Pinellas housing County than in 2007 Reflects the transient nature of • Have better information on many homeless, as more than 33 Item # 8 Attachment number 4 Page 34 of 37 discrete city locations this 1001o came from outside year than in 2007 Pinellas County • Increases in mid- and north- More than half of those from county locations other parts of Florida came • Still easier to find street from the larger Tampa Bay homeless in St. Petersburg area The City of Clearwater is a member of the Pinellas County Homeless Coalition, which is the Lead Agency for the countywide Continuum of Care. The City supports the Homeless priorities established in the Continuum and those established by the Homeless Policy Group in their development of the County's "10-Year Plan to End Homelessness". On January 13, 2006, Opening Doors of Opportunity: A 10-Year Plan to End Homelessness in Pinellas County (the "Plan") was adopted by the Homeless Policy Group. This plan has been adopted by the City, along with Pinellas County and several cities within the County, including St. Petersburg, Pinellas Park, Tarpon Springs, and Largo, and has been filed with the U.S. Department of Housing and Urban Development. The Plan was adopted by resolution by City Council on March 16, 2006, and was publicly presented on Wednesday, April 5, 2006, at a press conference attended by local leaders and local HUD officials. The Pinellas County Homeless Leadership Network, with the Pinellas County Coalition for the Homeless (lead agency for the Continuum of Care) overseeing the administrative portion of the plan. Specific planned action steps and barriers to achievement are detailed in the Plan, which is available to the public on-line or by contacting any member of the Leadership Network. In preparation for this 2009-2010 Action Plan, the City will prioritize funds for activities relating to homelessness and to ensure collaboration with the Plan. The City, through our Homeless Service Provider partners will carry out the following specific activities: Homeless Emergency Project - Service Cntr. $150,000.00 Religious Community Services - Food Pantry $45,710.00 CHIP - Operations for Shelter $30,000.00 Homeless Emergency Project - Shelter $20,000.00 Many of the activities that the City will be involved with directly and indirectly are contained in the County's "10-Year Plan to End Homelessness". Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. 34 Item # 8 Attachment number 4 Page 35 of 37 Program Year 5 Action Plan ESG response: The City is not a recipient of ESG funds. Community Development *Please also refer to the Community Development Table in the Needs.xls workbook. 1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development. 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. Program Year 5 Action Plan Community Development response: The City plans to review the infrastructure and public facility needs in our Neighborhood Revitalization Strategy Areas and Downtown Community Redevelopment Area and analyze the feasibility of carrying out such activities. We have allocated $342,105 in CDBG funds for this proposed activity(s). In addition, we will be providing funding to a number of organizations to make improvements to their current facilities so that they can continue to serve low and moderate-income individuals and households. 1 Religious Community Services, Inc. - Food Pantry Improvements 2 Homeless Emergency Project - Service Center Development 3 East Gateway Sidewalk Improvement Project Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Program Year 5 Action Plan Antipoverty Strategy response: According to the most recent survey, families living below the poverty line in Clearwater numbered 2,293 or 8.4 percent of the population. The percentage of families in America living below the poverty level was 9.20%. The City of Clearwater participates in the Tampa Bay Partnership, the regional Economic Development agency and Enterprise Florida, the Statewide Economic Development entity; and has its own Economic Development program. The Tampa Bay Partnership internationally recruits companies to locate in the Tampa Bay region. 35 Item # 8 Attachment number 4 Page 36 of 37 They provide a full range of business relocation assistance programs and utilize state and local incentive programs to help in this process. There are also Small Business Development Centers at the Community College, Business Incubators, and SBA Small Business Development Centers. This agency also works with a network of educational agencies to provide customized job training programs for the business community. The area's Workforce Development Board called Worknet also provides job training/employment skills to low-income residents. The City of Clearwater also has its own Economic Development program, which is designed to interface with the regional program and work on specific local issues. The City prepared one of the first Brownfields redevelopment plans in the state, has an Enterprise Zone and a HUB Zone, which are all designed to spur redevelopment/reinvestment in its low-income areas. The City also has major redevelopment occurring along the US-19 and SR-60 corridors, in downtown and at the beach. The City also works closely with the Clearwater Regional Chamber of Commerce with providing technical assistance to business owners. All these programs have created new jobs and opportunities in the City. Collectively, these programs represent a highly effective anti-poverty program. Non-Homeless Special Needs (91.220 (c) and (e)) *Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 5 Action Plan Specific Objectives response: The City intends to undertake the following activities with the assistance of our partners to assist its Special Needs populations: Pinellas Opportunity Council $30,000.00 Pinellas Core Management Services $16,802.00 Gulf Coast Jewish Family Services $7,000.00 Willa Carson Health Resource Center $25,000.00 Housing Opportunities for People with AIDS *Please also refer to the HOPWA Table in the Needs.xls workbook. 1. Provide a brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing 36 Item # 8 Attachment number 4 Page 37 of 37 activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4. Report on annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non-regulatory) encountered, actions in response to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons living with HIV/AIDS and provide additional information regarding the administration of services to people with HIV/AIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Proaram Year 5 Action Plan HOPWA response: The City is not a recipient of HOPWA funds. Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Proaram Year 5 Specific HOPWA Obiectives response: Include any Action Plan information that was not covered by a narrative in any other section. 37 Item # 8 ?- Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 2383 Dora Drive (Lot 13, Rolling Heights in Section 7, Township 29 South, Range 16 East); and pass Ordinances 8071-09, 8072-09 and 8073-09 on first reading.(ANX2009-04008) SUMMARY: This voluntary annexation petition involves a 0.276-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Dora Drive, approximately 210 feet south of Lorena Lane. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing City boundaries to the north, south, and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent Dora Drive right-of-way and the applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. upon request. Policy A.7.2.3 Continue to process voluntary annexations for single- family residential properties The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north, south, and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Cover Memo Review Approval: 1) Clerk Item # 9 Attachment number 1 Page 1 of 7 aY r .'C?dF1NGFu: °.' f7F? '. A EE.l°X4 DREW ST m PRUJECT 4 SITE NASH ST w LL, L, WHITMAN ST N WHITMAN ST CHAUCER ST LOCATION MAP Owner Ralph K. and Su-Mei Gobar Case: ANX2009-04008 Site: 2383 Dora Drive Property Size 0.276 (Acres): Land Use Zoning From : RL (County) R-3 (County) PIN 07-29-16-76446-000-0130 To: RL (City) LMDR (City) Atlas Page 281 A S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-04008 - 2383 Dora Drive - Gobar\Maps\ANX 2009-04008 LOCATION MAP.doc Item # 9 Attachment number 1 Page 2 of 7 Sr d ? ? ???? Rtr " W,.:, N',? ? 3 1, 11 t 1, fq ?? ? 1 V1 tin ?? 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V PSI (117) PH II M F I a ° I 6 I C I N I ° I (106) 1 108} 109) (110) i X 2519 N N N N PHI M PHI I I N I M Ri o N DREW ST A- PROPOSED ANNEXATION MAP Owner Ralph K. and Su-Mei Gobar Case: ANX2009-04008 Site: 2383 Dora Drive Property Size (Acres): 0.276 Land Use Zoning From : RL (County) R-3 (County) PIN: 07-29-16-76446-000-0130 To: RL (City) LMDR (City) Atlas Page: 281A S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-04008 - 2383 Dora Drive - Gobar\Maps\ANX 2009-04008 PROPOSED ANNEXATION MAP.doc Item # 9 Attachment number 1 Page 4 of 7 #o , 33 6 . 32 L Dl S l 7j 601 21 I A ??o :. .. . ' . .:::.. . '..' 20 1 N 1 M .. tM`J FS C?j Lv : .ttS :a 0 19 92 500 1z ° 16 7644 ° ; - 1 o °? 62 ? . ?'3 c3 a w ? c? 7 7S I . ? 1 .?7 p nth '.. :. I ' .? . : .. y 12 .° ., ..., 4'7 :48'' Q9' :i 56 .: ..1 ?p.. •-=u, 11 . 10 1 a?? flf7 ? 9 21 Fh . N ' . .hL S? ( 117) 4 ii':.:.. ;.: F° ° i.n ......; a' ..::°:.;.. PH II M r ? 1 I 1 0EFG? (106) 1 108} 109) (110) I 1 I 1 1 ( 0 } esia 10 1 DREW ST 22519 N PH1ro (Office General I I N - CN? I PHI o N N FUTURE LAND USE MAP F\ M (1} Insti Owner Ralph K. and Su-Mei Gobar Case: ANX2009-04008 Site: 2383 Dora Drive Property Size (Acres): 0.276 Land Use Zoning From : RL (County) R-3 (County) PIN: 07-29-16-76446-000-0130 To: RL (City) LMDR (City) Atlas Page: 281A S:\Plaru ing DepartmentT D B\Annexations\ANX - 2009\ANX2009-04008 - 2383 Dora Drive - Gobar\Maps\ANX 2009-04008 Future Land Use Map.doc Item # 9 Attachment number 1 Page 5 of 7 33" .. ` ' ? . - 2il 2q 2 21 o 0 32 0 31 30 a 29 w0 27 a iy . z4d . . 20 :. . 515 s2". ?a sa $7' as : 89 1 ?Db lYl? L 4 REAr LAS .: ' yy I 407 70 ?? ' ':: ELLfk FL C7 f f 12 - : :6'x'7::::,'.' 48::::;::. 30 J ??? 10 I D©RA DR w 9 1?.:. N :v .. I (117) E : ::F7 PH 11 F -I 7 I I ? I 1 1 I , (1X) 1 1 108) 109) (110) I 22549 - o I o I _ _ 1 I N N 1 I PH 1? N PH I I 7 N N DREW ST ZONING MAP T 3 Owner Ralph K. and Su-Mei Gobar Case: ANX2009-04008 Site: 2383 Dora Drive Property Size (Acres): 0.276 Land Use Zoning From : RL (County) R-3 (County) PIN: 07-29-16-76446-000-0130 To: RL (City) LMDR (City) Atlas Page: 281A S:\Planning DepartmentT D B\Annexations\ANX - 2009\ANX2009-04008 - 2383 Dora Drive - Gobar\Maps\ANX 2009-04008 ZONING MAP.doc Item # 9 Attachment number 1 Page 6 of 7 1 5? A . 33 Cs:" '<.. 32m . '. r: : `4 : N ail 4 N 29 q' ny 28 a C 27 v kx - sp n. . p,. 21 601 ..N. '.......," . Q 515 21 N N N .. 1V N N - N L . N ty 19 . ,.?a :.9..... . .:.9 ... .. °sh... °.. ,: 93.::... ..° .:. 511 n a tl R a 'a .74 r. 61. 764'4.. : " ° q 1?' V / ??vv / . e ' e z till ? I s? aL?V fl) ???? 9 .'. ?' e ' N- ?.L ?I'H II M N {117} z . •? ? I O ?I C E F G MGM Offices c I ? sy 'o ? ? (106) 108} 109} (110) ?ajani PHI PHI r0 I " " N I M N DREW ST W ICI aA EXISTING SURROUNDING USES MAP Owner Ralph K. and Su-Mei Gobar Case: ANX2009-04008 Site: 2383 Dora Drive Property Size 0.276 (Acres): Land Use Zoning From : RL (County) R-3 (County) PIN: 107-29-16-76446-000-0130 To: RL (City) LMDR (City) Atlas Page: 281A S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-04008 - 2383 Dora Drive - Gobar\Maps\ANX 2009-04008 EXISTING SURROUNDING USES MAP.doc Item # 9 „yam'°" ?1 g ,r ? ? • h'. W q F 1 t, ;( :_._ -.. ?rf '. ? "f+1+4P View looking south at the subject property, 2383 Dora Drive .' fF{? f ?:' i ? T.VT • t:.1 A lift v View looking west from the subject property View looking northeasterly along Dora Drive View looking east from the subject property 4 Yy??+" 7 Zi F tto 11 r 1Y } 3 +ij 3 ? ? tpT ?? 4 fJ 4 View looking north from the subject property ANX2009-04008 Gobar, Ralph K. and Su-Mei 2383 Dora Drive a' Item # 9 Attachment number 2 Page 1 of 1 ORDINANCE NO. 8071-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DORA DRIVE APPROXIMATELY 210 FEET SOUTH OF LORENA LANE, CONSISTING OF LOT 13, ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2383 DORA DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 13, Rolling Heights, according to the map or plat thereof as recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida. (ANX2009-04008) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 9 Ordinance No. 8071-09 Attachment number 3 Page 1 of 1 ORDINANCE NO. 8072-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DORA DRIVE APPROXIMATELY 210 FEET SOUTH OF LORENA LANE, CONSISTING OF LOT 13, ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2383 DORA DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 13, Rolling Heights, according to the map Residential Low (RL) or plat thereof as recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida. (ANX2009-04008) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8071-09. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 9 Ordinance No. 8072-09 Attachment number 4 Page 1 of 1 ORDINANCE NO. 8073-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DORA DRIVE APPROXIMATELY 210 FEET SOUTH OF LORENA LANE, CONSISTING OF LOT 13, ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2383 DORA DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 13, Rolling Heights, according to the map or Low Medium Density plat thereof as recorded in Plat Book 43, Page 1, Residential Public Records of Pinellas County, Florida. (LMDR) (ANX2009-04008) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8071-09. 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 # 9 Ordinance No. 8073-09 ?- Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue until August 6, 2009 the approval of amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and to address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights, and pass Ordinance 8043-09 on first reading. (TA2009-01002) SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 10 CLEARWATER CITY COMMISSION ? Meeting Date: -7 1 0 d Item # ?2 - As stated in Commission Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." We the undersigned designate as our spokesperson and waive our ri &Sigatu-r'e- Signature Signature Signature Signature Signature Signature print c r Print me Print Name Print Name Print Name Print Name Print Name Print Name \\CH3\CLERK\FORMS\Public Comments at Com Mtg.doc Jan 9, 2002 9700-0034 ' City Council Agenda Council Chambers - City Hall Meeting Date:7/16/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance 7909-08 on second reading, amending the Zoning Atlas of the city by rezoning certain property whose post office address is 1241, 1261 and 1281 Gulf Boulevard, from business (B) to tourist (T). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 11 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 # 11 Ordinance No. 7909-08 ?- Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7999-08 on third reading, making amendments to the Community Development Code by amending Section 2-902, "Flexible Standard Development," "Table 2-903" to add a footnote allowing a reduced parking requirement for changes of use within the Downtown (D) District where there are no existing parking spaces or available land for their construction; certifying consistency with the City's Comprehensive Plan and proper advertisement and providing for severability. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 4 ORDINANCE NO. 7999-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING SECTION 2-902, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2-902", AND SECTION 2-903, "FLEXIBLE DEVELOPMENT", "TABLE 2-903", TO ADD A FOOTNOTE ALLOWING A REDUCED PARKING REQUIREMENT FOR CHANGES OF USE WITHIN THE DOWNTOWN (D) DISTRICT WHERE THERE ARE NO EXISTING PARKING SPACES OR AVAILABLE LAND FOR THEIR CONSTRUCTION; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater recognizes that many existing buildings and properties along Cleveland Street have no existing off-street parking spaces and that it may be impossible in many circumstances for any off-street parking spaces to be constructed; and WHEREAS, the revitalization of Downtown Clearwater and specifically Cleveland Street has been determined to be critical to the City's overall health; and WHEREAS, the City of Clearwater desires to support and facilitate the establishment of new businesses within Downtown Clearwater; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Council has fully considered the recommendations of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section 2-902, "Table 2-902", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-902. "D "Flexible Standard Development Standards Use Max. Height (ft.) Min. Off-Street Parking Accessory Dwellings n/a n/a Alcoholic Beverage Sales 30-50 3--5 per 1,000 GFA Attached Dwellings 30-50 1-1.5 per unit Convention Center 30-50 5 per 1,000 GFA Indoor Recreation/Entertainment 30-50 3--5 per 1,000 GFA 21 Ordinance No.l$W940812 Attachment number 1 Page 2 of 4 Facility Mixed Use 30-50 Based upon use requirements Nightclubs 30-50 3--10 per 1,000 GFA Offices 30-50 1--3 per 1,000 GFA Overnight Accommodations 30-50 .75--1 per unit Parking Garages and Lots 50 n/a Parks and Recreation Facilities 50 1 per 20,000 SF or as determined by the community development coordinator based on ITE Manual standards Places of Worship 30-50 .5--1 per 2 seats Public Transportation Facilities 10 n/a Restaurants 30-50 5--15 per 1,000 GFA Retail Sales and Service 30-50 2-4 per 1,000 GFA Sidewalk Vendors n/a n/a Social and Community Centers 30-50 2-4 per 1,000 GFA Utility/Infrastructure Facilities n/a n/a (1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Myrtle Avenue that have no existing off-street parking spaces, nor the ability to provide any off-street parking spaces, the use(s) of the buildings/properties may be changed without the off-street parking that would otherwise be required for the change of use being provided. Section 2. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section 2-903, "Table 2-903", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-903. "D" District Flexible Development Standards Use Max. Height (ft.) Min. Off-Street Parking Alcoholic Beverage Sales 30-100 3--5 per 1,000 GFA Attached Dwellings 30-100 1--1.5 per unit Comprehensive Infill Redevelopment Proj ect n/a Determined by the community development coordinator based on the specific use and/or ITE Manual standards Educational Facilities 30-100 4/1000 GFA Governmental Uses 30-100 3--5 per 1,000 GFA Indoor Recreation/Entertainment Facility 30-100 3--5 per 1,000 GFA Limited Vehicle Sales and Display 30 2-4 per 1,000 GFA Marinas and Marina Facilities 30 1 space per 2 slips Mixed Use 30-100 Based upon use requirements 2 Ordinance No. 7999-08 Item # 12 Attachment number 1 Page 3 of 4 Nightclubs 30-100 3--10 per 1,000 GFA Offices 30-100 1--3 per 1,000 GFA Overnight Accommodations 50-100 .75--1 per unit Public Facilities 30-100 1--2 per 1,000 GFA Restaurants 30-100 5--15 per 1,000 GFA Retail Sales and Service 30-100 2-4 per 1,000 GFA Social/Public Service Agencies 30-100 3-4 per 1,000 GFA Telecommunication Towers Refer to Section 3-2001 n/a Veterinary Offices, and or Animal Grooming and Boarding 30 4 per 1,000 GFA (1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Myrtle Avenue that have no existing off-street parking spaces, nor the ability to provide any off-street parking spaces, the use(s) of the buildings/properties may be changed without the off-street parking that would otherwise be required for the change of use being provided. Section 3. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 4. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 5. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 6. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 7. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING December 18, 2008 Ordinance No. 7999-08 Item # 12 Attachment number 1 Page 4 of 4 PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPED AS AMENDED January 15, 2009 Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: 4 Ordinance No. 7999-08 Item # 12 Cynthia E. Goudeau City Clerk ?- Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8061-09 on second reading, 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. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 13 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 # 13 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 # 13 ?- Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8076-09 on second reading, 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. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 14 Attachment number 1 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.52019'1 3"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 described property for the installation and maintenance Ordinance No. 80ft@0 # 14 Attachment number 1 Page 2 of 2 of any and all public utilities thereof and hereby retains a public sidewalk easement over the northerly 5-feet of the described property. 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. 80ft@0 # 14 ?- Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8077-09 on second reading, 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, storm water utility fund, general services fund, garage fund, administrative services fund, and central insurance fund. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 15 Attachment number 1 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 Approved as to form: Pamela K. Akin, City Attorney Frank Hibbard, Mayor Attest: Cynthia E. Goudeau, City Clerk Item # 15 Ordinance No. 8077-09 Attachment number 2 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 Item # 15 Attachment number 2 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 Item # 15 City Council Agenda Council Chambers - City Hall Meeting Date:7/16/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance 8078-09 on second reading, amending the capital improvement budget for the fiscal year ending September 30, 2009, to reflect a net decrease of $3,819,084. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 16 Attachment number 1 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 Ordinance 4b%%_I916 Attachment number 2 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 # 16 Ordinance # 8078-09 Attachment number 2 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 # 16 Ordinance # 8078-09 City Council Agenda Council Chambers - City Hall Meeting Date:7/16/2009 SUBJECT / RECOMMENDATION: Declare the list of vehicles and equipment surplus to the needs of the City and authorize sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida. (consent) SUMMARY: All vehicles or equipment have been replaced as necessary and are no longer required. The surplus list indicates 9 vehicles were eliminated by the Mercury Study and 5 eliminated by the budget process. These vehicles have not and will not be replaced. The vehicles listed were not necessarily the exact vehicles identified by the study or through the budget process. Vehicles were traded throughout the fleet to send the poorest quality vehicles to auction for sale. Four other budget identified surplus vehicles were used to reduce the CIP replacement requirement. Tampa Machinery Auction is the Tampa Bay Area Purchasing Cooperative Auctioneer of Record. Type: Other Current Year Budget?: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0566-00000-364413-000-0000 to Amount To Be Determined Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Sale Proceeds None Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None Cover Memo Item # 17 Attachment number 1 Page 1 of 1 Surplus for July 16, 2009 Meeting REASON FOR ITEM # Asset# YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS 1 DISPOSAL 1 G0386 1994 Ford Explorer 4x2 1 FMDU32X1 RUD22102 81535 Mercury Study Eliminated 2 G1457 1995 Dodge 15 Passenger Van 2B5WB35ZXSK550362 55097 Mercury Study Eliminated 3 G1530 1995 Pontiac Grand Am 1 G2NE55DOSC852967 48046 Mercury Study Eliminated 4 G1756 1997 Chevrolet S-10 Pickup Truck 1 GCCS1 9X7V8195228 91661 Mercury Study Eliminated 5 G1823 1997 Dodge 3500 Cargo Van 2B7KB31Z5VK594978 63799 Budget Elimination 6 G1863 1997 Ford Taurus 4 dr. sedan 1 FALP52U1 VA271081 69387 Budget Elimination 7 G1923 1998 Chevrolet Monte Carlo 2G1 WW12M1 W9268285 68776 Mercury Study Eliminated 8 G2039 1998 Ford F700 Flatbed 1 FDNF70J2WVA26659 48834 Mercury Study Eliminated 9 G2068 1999 Ford Crown Victoria Police Car 2FAFP71 W5XX172561 83520 Age/Condition/Replaced 10 G2087 1999 Ford Crown Victoria Police Car 2FAFP71 W3XX172557 86225 Age/Condition/Replaced 11 G2122 1999 Bobcat 863 Skid Loader 514429165 N/A Age/Condition/Replaced 12 G2144 1999 Ford F250 w/Utility Body 1 FDNF20L9XEE36848 50380 Budget Elimination 13 G2159 1999 Chevrolet Tahoe 1 GNEC13R2XR152422 100683 Budget Elimination 14 G2190 1999 Vermeer BC1250A Chipper 1 VRN14165X1007544 N/A Mercury Study Eliminated 15 G2224 2000 Ford Taurus 4 dr. sedan 1 FAFP5225YA255448 81164 Age/Condition/Replaced 16 G2300 2000 GMC Sonoma Pickup Truck 1GTCS14W5YK239359 96890 Age/Condition/Replaced 17 G2368 2001 GMC Sonoma 4x4 Pickup Truck 1 GTDT1 9W1 18215721 69807 Rusted/Budget Elimination 18 G2380 2001 Hustler 3200Z Riding Mower 43005 N/A Mercury Study Eliminated 19 G2383 2001 Ford Taurus 4 dr. sedan 1 FAFP52U21A209793 78407 Mercury Study Eliminated 20 G2384 2001 Ford Taurus 4 dr. sedan 1 FAFP52UO1A209792 74912 Age/Condition/Replaced 21 G2387 2001 Ford Crown Victoria Police Car 2FAFP71W01X150961 79843 Age/Condition/Replaced 22 G2390 2001 Ford Crown Victoria Police Car 2FAFP71W81X146690 81463 Age/Condition/Replaced 23 G2413 2001 Chevrolet 2500 Pickup Truck 1 GCHC24011 Z270726 97347 Age/Condition/Replaced 24 G2457 2001 Chevrolet 1500 Pickup Truck 2GCEC19V411377924 80245 Age/Condition/Replaced 25 G3290 2006 Harley Davidson Police Motorcycle 1 HD1 FHW106Y690651 19160 Accident Totaled/Replaced 26 1 Pallet of Aluminum Tool Boxes Age/Condition/Replaced Item # 17 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:7/16/2009 Authorize the transfer of $118,519 from the Special Programs Fund - Project 181-99877 (Building Code Enforcement Surplus) to the General Fund to cover deficits in revenues over expenses for FY08. (consent) SUMMARY: SB442 states that local governments may provide a schedule of reasonable fees for enforcing Florida Building Codes. It further states that the total estimated annual revenue derived from the fees, fines and investment earnings related to the fees, may not exceed the total estimated annual costs of allowable activities and that any unexpended balances shall be carried forward to future years for allowable activities or shall be refunded at the discretion of the local government. Fiscal year 2006 was the first year of implementation of Senate Bill 442. At September 30, 2006, fees collected exceeded actual expenditures by $482,818. This amount was transferred to Fund 181 to apply against expenditures in future fiscal years. Expenditures in Fiscal year 2007 exceeded permit revenues by $364,299 reducing the balance in Fund 181 to $118, 519 at September 30, 2007. In Fiscal year 2008, the revenues collected were $1,891,202 and expenses incurred totaled $3,12,143, providing a deficit of $1,300,941. The balance of $118,519 in Fund 181, representing the balance of prior years excess revenues, should be transferred back to the General Fund at this time. Fund 181 Balance after transfer for FY07 $118,519 Fiscal 2008 Adjustment: FY08 Revenues $1,891,202 FY08 Expenditures ($3,192,143) Excess Expense to be applied to FY09 ($1,182,422) Fund 181 Balance after Transfer for FY08 $0 The excess of expenses for FY08 will be applied against revenues in future years where revenues exceed actual expenses. Following is a summary of the last 3 fiscal years activity: Year Revenue Expenses Excess (Deficit) 2006 $3,257,677 $2,774,858 $482,818 2007 $2,793,113 $3,157,412 ($364,299) 2008 $1,891,202 $3,192,143 ($1,300,942) Total ($1,182,422) Review Approval: 1) Clerk Cover Memo Item # 18 Total Personal Services 1,967,143 1,810,680 1,560,106 530100 Professional Services 530300 Other Contractual Serv 213,072 210,133 179,653 530400 Lot Mowing - - 542500 Postage 168 138 396 543000 Document Recording 860 210 543900 Other Refunds - 78,792 544100 Equipt Rental 6,022 7,267 546100 Ofc Equip Svc & Repair - 1,078 546200 Other Equip Svc & Repair - - 547100 Uniforms-Employee 4,136 4,202 2,881 547200 Travel Expense-Emp 7,828 7,510 12,139 547300 Mileage Reimbursement 176 412 547400 Meals-Employee 95 281 548000 Other Services Or Charges 18,703 25,168 13,045 550100 Office Supplies 6,801 5,780 9,127 550400 Operating Supplies & Matls 17,850 15,511 1311(T2- 552000 $1000-5000 Computer Softwar - - 552500 $1000-5000 Mach & Equip - 3,300 557100 Memberships/Subs/Lic Emp 3,300 4,731 4,887 557200 Officl Recognition-Emp 370 580 557300 Training & Ref Employee 11,718 17,346 14,497 Total Other Operating 291,101 382,439 249,727 540100 Garage Services 59,666 64,879 60,053 540200 Doc Repro & Print Shop Svc 5,109 6,645 4,163 540300 Telephone Service Variable 7,032 7,032 6,414 540400 Messenger Service 1,210 1,137 775 540500 Radio Svc-Fixed 8,280 6,840 540600 Telephone Svc Fixed 8,325 8,325 7,938 540700 Postal Service 6,692 12,605 12,426 540800 Bldg Svcs-Fixed 41,541 33,792 33,887 540900 Risk Mgmt Service 10,830 6,800 5,769 541000 Info Technology Charge 180,146 147,649 139,149 541500 Garage Variable - 4,666 2,834 541600 Bldg & Maint-Variable - - 2,427 542000 Employee Benefits-Fixed 7,940 4,800 3,169 Total Internal Services 336,771 305,171 279,004 564000 >$5,000 Machinery & Equip - 565800 Cost Matl & Services - Capital Items 590800 Contribution to CIP 70,000 - 591600 Debt Service Transfer-L/P 10,582 10,582 3,681 Total Debt Service 10,582 10,582 3,681 Planning & Development Total 2,605,597 2,508,871 2,092,518 1432 Code Enforcement Expenditures Expenditures Expenditures Total Personal Services 107,209 106,704 78,874 Total Other Operating 5,187 4,372 28,070 Total Internal Services 2,158 17,271 26,098 Code Enforcement Total 114,555 128,347 133,042 1445 Neighborhood Services Expenditures Expenditures Total Personal Services 18,894 22,753 21,350 Total Other Operating 2,545 2,575 5,416 Total Internal Services 3,519 3,649 2,279 Neighborhood Services Total 24,958 28,977 29,045 9211 City Manager's Office Expenditures Expenditures Total Personal Services 12,976 13,942 76,873 Total Other Operating 3,070 3,126 17,307 Total Internal Services 2,561 2,587 12,144 City Manager's Total 18,607 19,655 106,324 1420 Planning Expenditures Expenditures Total Personal Services 111,504 134,444 90,292 Planning Total 111,504 134,444 90,292 1313 Engineering Expenditures Expenditures Total Personal Services 255,990 285,820 278,310 Engineering Total 255,990 285,820 278,310 MSB & Garage Depreciation 31,231 31,231 24,821 MSB Garage Maintenance 2,624 2,624 2,624 Tidemark 7,747 - 2,138 Indirect Svc Chg 19,330 17,442 15,744 Total Expenses 3,192,143 3,157,412 2,774,858 Revenue #322108 1,822,657 2,690,911 3,189,777 Revenue #322111 26,374 61,426 47,400 Interest Revenue 42,171 40,776 20,500 Excess (Deficit) 1,300,942 364,299 Prior Year Excess Revenue 118,519 482,818 - Current Year Rev/(Exp) Excess (1,300,942) (364,299) 482,818 Nat CarrOorward (1.1824221 118.519 482818 ttachment number 1 age 1 of 42 Attachment number 1 Page 2 of 42 Senate Bill 442 Expenses Name Job Title YTD Gross Benefits 1430 100% Ackerman,Robert V Building Construction Inspector 38,559.29 11,225.44 Carrick,Thomas H Building Construction Inspector 51,703.58 12,800.51 Chaplinsky,Thomas Senior Plans Examiner 65,872.30 15,165.05 Coccia,Benjamin M Building Construction Inspector 46,522.51 12,566.50 Fahey, Jack Building Construction Inspector 39,271.57 11,413.20 Garriott,Kevin D Building Official 81,365.23 17,169.60 Legters III,Cornelius Assistant Building Official 67,463.33 15,191.68 Lopez,Michael Development Review Specialist 32,819.93 10,461.05 Packer,Vernon W Plans Examiner 53,902.08 13,215.55 Phillips,William J Building Construction Inspector 63,884.97 15,121.80 Root,Dana C Building Construction Inspector 28,767.57 8,931.96 Rowe,Ralph A Plans Examiner 60,610.03 14,124.53 Stanley, James Building Construction Inspector 27,533.02 7,156.54 Swinton, Sam Building Construction Inspector 31,685.67 10,235.98 Tucker, Kevin Building Construction Inspector 50,761.64 13,110.94 Voss,Jeffrey R Building Construction Inspector 56,977.47 14,164.16 Walker,Jeffrey E Senior Plans Examiner 57,145.84 13,760.63 Wilson,Kyle A Development Review Tech II 28,666.26 Witkowski,John J Building Construction Inspector 55,137.47 13,366.14 Wright, Estate of William Building Construction Inspector 16,291.68 1,392.06 954,941.44 230,573.32 80% Camara, Jahayra Development Review Tech II DeCastro II,Richard Development Review Tech II 30,436.24 10,160.63 Downes, Anne Blackburn Development Review Tech 1 53,146.95 13,012.49 Franco, Michael Development Review Tech 1 25,558.94 9,316.42 Jordan, Scotty Development Review Tech 1 $27,960.00 $ 9,842.17 Kolmer,Judith A Customer Service Rep $28,950.38 Korczak,Carl A Development Review Specialist $31,392.58 $ 10,201.90 Morahan, Vicki Development Review Tech 1 28,362.68 9,882.87 Moreda,Lydia S Senior Systems Analyst 52,041.61 12,988.52 Newell,Lindsey R Development Review Specialist 31,479.33 10,213.02 Peeke,Jean M Development Review Specialist 33,807.87 10,631.44 Sloan, Jane Development Review Tech 18,906.86 517.52 Wagner, James Development Review Supervisor 39,891.45 11,385.79 Weaver,Mary J Sign Inspector 43,952.02 12,405.63 445,886.91 120,558.40 30% Jackson,Kari L Accounting Technician 39,535.78 11,332.84 Kronschnabl,Jeffery P Development & Nghbrhd Svcs Dir 96,290.05 15,123.87 Ayo, Ellen Senior Staff Assistant 29,365.05 10,058.18 Warner, John C. Customer Service Rep 25,105.18 9,475.01 190,296.06 45,989.90 Herman, Sandra Item # 18 Attachment number 1 Page 3 of 42 954,941.44 230,573.32 356,709.53 96,446.72 57,088.82 13,796.97 1,368,739.79 340,817.01 38,559.29 51,703.58 65,872.30 46,622.51 39,476.47 81,365.23 67,463.33 32,819.93 54,302.08 63,984.97 28,767.57 60,610.03 27,633.02 27,416.18 45,115.65 56,977.47 57,145.84 22,642.70 55,137.47 16,291.68 19,616.91 24,348.86 50,164.62 27,800.69 25,807.55 24,219.35 25,126.81 26,168.46 41,633.34 25,183.56 27,179.79 20,760.84 31,947.28 35,161.66 11,860.76 29,220.57 17,850.54 7,531.58 20,157.79 1,431,648.26 Item # 18 Attachment number 1 Page 4 of 42 Salaries & Wages - Full-time Salaries & Wages - Part-time Special Pay Overtime Vacation Sick Other Paid Leave Injury Funeral Jury Holiday Employees Life Insurance ($2,500) Employees 1% Life Insurance Employees SAMP Life Insurance Employees Major Medical Insurance Employees Social Security Employees Pension Fund Workers' Compensation Total Personal Services Total Other Operating Garage Services - Fixed Document Reproduction - Variable Telephone Service - Variable Courier Service - Fixed Radio Service - Fixed Telephone Service - Fixed Postal Service - Variable Account Number 0010-01430-510100-524-000-0000 0010-01430-510200-524-000-0000 0010-01430-510400-524-000-0000 0010-01430-510500-524-000-0000 0010-01430-510600-524-000-0000 0010-01430-510700-524-000-0000 0010-01430-510800-524-000-0000 0010-01430-512200-524-000-0000 0010-01430-512300-524-000-0000 0010-01430-512500-524-000-0000 0010-01430-512700-524-000-0000 0010-01430-520100-524-000-0000 0010-01430-520200-524-000-0000 0010-01430-520300-524-000-0000 0010-01430-520400-524-000-0000 0010-01430-520600-524-000-0000 0010-01430-520700-524-000-0000 0010-01430-520900-524-000-0000 0010-01430-530300-524-000-0000 0010-01430-542500-524-000-0000 0010-01430-543000-524-000-0000 0010-01430-543900-524-000-0000 0010-01430-544100-524-000-0000 0010-01430-546100-524-000-0000 0010-01430-547100-524-000-0000 0010-01430-547200-524-000-0000 0010-01430-547300-524-000-0000 0010-01430-547400-524-000-0000 0010-01430-548000-524-000-0000 0010-01430-549000-524-000-0000 0010-01430-549500-524-000-0000 0010-01430-550100-524-000-0000 0010-01430-550400-524-000-0000 0010-01430-552500-524-000-0000 0010-01430-557100-524-000-0000 0010-01430-557200-524-000-0000 0010-01430-557300-524-000-0000 0010-01430-540100-524-000-0000 0010-01430-540200-524-000-0000 0010-01430-540300-524-000-0000 0010-01430-540400-524-000-0000 0010-01430-540500-524-000-0000 0010-01430-540600-524-000-0000 0010-01430-540700-524-000-0000 G/L FY08 Closing Balance 1,156,780.37 15,861.39 5,379.96 12,115.52 94,391.59 79,311.89 4,475.20 1,561.17 2,208.31 670.61 66,348.15 1,418,946.37 389.79 2,584.76 1,280.57 190,930.73 18,997.36 176,333.39 164,180.00 548,196.60 213,071.73 168.32 860.00 6,022.23 4,136.30 7,828.44 175.96 95.00 23,536.94 (6.08) 6,801.42 17,849.56 3,300.04 370.00 11,718.30 295,928.16 108,904.22 5,108.82 10,636.93 1,210.00 8,280.00 12,190.00 6,692.01 Item # 18 Attachment number 1 Page 5 of 42 Bldg Service - Fixed Risk Management Services - Fixed Information Technology - Fixed Garage Services - Variable Employee Benefits - Fixed Total Internal Services Total Debt Service Total 0010-01430-540800-524-000-0000 63,100. 00 0010-01430-540900-524-000-0000 10,830. 00 0010-01430-541000-524-000-0000 273,640. 00 0010-01430-541500-524-000-0000 - 0010-01430-542000-524-000-0000 7,940. 00 508,531. 98 0010-01430-590800-581-000-0000 70,000.00 0010-01430-591600-581-000-0000 10,582.08 80,582.08 2,852,185.19 Item # 18 Attachment number 1 Page 6 of 42 PeopleSoft FY08 1,431,648.26 295,928.16 G/L FY07 1,048,300.29 2,925.00 14,652.41 11,533.11 80,619.12 60,902.17 3,047.26 2,341.50 36.76 65,531.96 1,289,889.58 382.56 2,264.83 1,204.45 189,257.45 17,363.20 169,710.87 49,430.00 429,613.36 Item # 18 Attachment number 1 Page 7 of 42 304,432.00 204,099.98 Item # 18 Attachment number 1 Page 8 of 42 FY08 Benefits ID Name DeptlD Deductn Cd Ded Class Sum Curr Dedn SB 442 % FY2007 4325 Ackerman, Robert V 01430 HMOPS N 6,199.92 6,199.92 4325 Ackerman, Robert V 01430 LIFE N 9.89 9.89 4325 Ackerman, Robert V 01430 PENPLN N 5,015.63 5,015.63 4325 Ackerman, Robert V 01430 MEDICARE Q 554.68 554.68 4325 Total 11,780.12 11,780.12 11,689.76 6063 Ayo,Ellen C 01430 LIFE N 10.32 3.10 6063 Ayo,Ellen C 01430 PENPLN N 3,796.19 1,138.86 6063 Ayo,Ellen C 01430 POSPS N 6,199.92 1,859.98 6063 Ayo,Ellen C 01430 SAMP N 51.75 15.53 6063 Ayo,Ellen C 01430 MEDICARE Q 400.16 120.05 6063 Total 10,458.34 3,137.50 8,461.25 6421 Camara,Jahayra M 01430 HMOPS N 5,166.60 4,133.28 6421 Camara,Jahayra M 01430 LIFE N 8.17 6.54 6421 Camara,Jahayra M 01430 PENPLN N 3,797.68 3,038.14 6421 Camara,Jahayra M 01430 MEDICARE Q 327.77 262.22 6421 Total 9,300.22 7,440.98 8,642.77 3171 Carrick,Thomas H 01430 HMOPS N 6,199.92 6,199.92 3171 Carrick,Thomas H 01430 LIFE N 9.89 9.89 3171 Carrick,Thomas H 01430 PENPLN N 6,590.70 6,590.70 3171 Carrick,Thomas H 01430 MEDICARE Q 734.69 734.69 3171 Total 13,535.20 93,535.20 13,292.29 1190 Chaplinsky,Thomas 01430 HMOPB N 6,199.92 6,199.92 1190 Chaplinsky,Thomas 01430 LIFE N 10.32 10.32 1190 Chaplinsky,Thomas 01430 LIFE T 38.16 38.16 1190 Chaplinsky,Thomas 01430 PENPLN N 8,435.05 8,435.05 1190 Chaplinsky,Thomas 01430 PRUD1C T 113.28 113.28 1190 Chaplinsky,Thomas 01430 SAMP N 119.40 119.40 1190 Chaplinsky,Thomas 01430 SAMP T 248.92 248.92 1190 Total 15,165.05 95, 965.05 15,071.70 3244 Coccia,Benjamin M 01430 HMOPS N 6,199.92 6,199.92 3244 Coccia,Benjamin M 01430 LIFE N 9.89 9.89 3244 Coccia,Benjamin M 01430 PENPLN N 6,040.37 6,040.37 3244 Coccia,Benjamin M 01430 WEST1C T 316.32 316.32 3244 Coccia,Benjamin M 01430 MEDICARE Q 670.47 670.47 3244 Total 13,236.97 93,236.97 13,144.61 5300 DeCastro II,Richard 01430 HMOPS N 6,199.92 4,959.94 5300 DeCastro II,Richard 01430 LIFE N 9.89 7.91 5300 DeCastro II,Richard 01430 PENPLN N 3,950.82 3,160.66 5300 DeCastro II,Richard 01430 MEDICARE Q 436.29 349.03 5300 Total 10,596.92 8,477.54 8,679.50 2192 Downes-Blackburn,Anne E 01430 POSPB N 6,199.92 4,959.94 2192 Downes-Blackburn,Anne E 01430 PENPLN N 6,802.25 5,441.80 2192 Downes-Blackburn,Anne E 01430 LIFE N 10.32 8.26 2192 Downes-Blackburn,Anne E 01430 MEDICARE Q 733.83 587.06 2192 Total 13,746.32 90,997.06 - 6578 Fahey III,John A 01430 HMOPS N 6,199.92 6,199.92 6578 Fahey III,John A 01430 LIFE N 9.89 9.89 6578 Fahey III,John A 01430 PENPLN N 5,203.39 5,203.39 6578 Fahey III,John A 01430 MEDICARE Q 502.84 502.84 6578 Total 11,916.04 11,916.04 11,829.78 5661 Franco,Michael A 01430 HMOPS N 6,199.92 4,959.94 5661 Franco,Michael A 01430 LIFE N 9.89 7.91 Item # 18 Attachment number 1 Page 9 of 42 ID Name DeptlD Deductn Cd Ded Class Sum Curr Dedn SB 442 % FY2007 5661 Franco,Michael A 01430 PENPLN N 3,106.61 2,485.29 5661 Franco,Michael A 01430 MEDICARE Q 344.82 275.86 5661 Total 9,661.24 7,728.99 3,242.49 2386 Garriott,Kevin D 01430 EQUT1C T 246.48 246.48 2386 Garriott,Kevin D 01430 HMOPS N 6,199.92 6,199.92 2386 Garriott,Kevin D 01430 LIFE N 10.32 10.32 2386 Garriott,Kevin D 01430 LIFE T 6.96 6.96 2386 Garriott,Kevin D 01430 PENPLN N 10,468.10 10,468.10 2386 Garriott,Kevin D 01430 SAMP N 148.37 148.37 2386 Garriott,Kevin D 01430 SAMP T 89.45 89.45 2386 Garriott,Kevin D 01430 MEDICARE Q 1,175.74 1,175.74 2386 Total 18,345.34 98,345.34 18,086.53 2021 Jackson,Kari L 01430 HMOPS N 6,199.92 1,859.98 2021 Jackson,Kari L 01430 LIFE N 9.89 2.97 2021 Jackson,Kari L 01430 PENPLN N 5,123.03 1,536.91 2021 Jackson,Kari L 01430 MEDICARE Q 568.41 170.52 2021 Total 11,901.25 3,570.38 3,557.45 6750 Jordan,Scotty E 01430 HMOPS N 6,199.92 4,959.94 6750 Jordan,Scotty E 01430 LIFE N 9.89 7.91 6750 Jordan,Scotty E 01430 PENPLN N 3,632.36 2,905.89 6750 Jordan,Scotty E 01430 MEDICARE Q 405.42 324.34 6750 Total 10,247.59 8,198.07 7,050.80 6150 Kolmer,Judith A 01430 HMOPS N 2,841.63 2,273.30 6150 Kolmer,Judith A 01430 LIFE N 6.45 5.16 6150 Kolmer,Judith A 01430 PENPLN N 3,166.74 2,533.39 6150 Total 6,014.82 4,899.86 - 5907 Korczak,Carl A 01430 HMOPS N 6,199.92 4,959.94 5907 Korczak,Carl A 01430 LIFE N 9.89 7.91 5907 Korczak,Carl A 01430 PENPLN N 3,992.09 3,193.67 5907 Korczak,Carl A 01430 MEDICARE Q 440.71 352.57 5907 Total 10,642.61 8,594.09 8,536.61 1102 Kronschnabl,Jeffery P 01430 HMOPS N 1,549.98 464.99 1102 Kronschnabl,Jeffery P 01430 POSPS N 4,649.94 1,394.98 1102 Kronschnabl,Jeffery P 01430 ICMART N 7,703.25 2,310.98 1102 Kronschnabl,Jeffery P 01430 LIFE N 10.32 3.10 1102 Kronschnabl,Jeffery P 01430 LIFE T 19.92 5.98 1102 Kronschnabl,Jeffery P 01430 PRIN1C T 642.00 192.60 1102 Kronschnabl,Jeffery P 01430 SAMP N 174.90 52.47 1102 Kronschnabl,Jeffery P 01430 SAMP T 373.56 112.07 1102 Kronschnabl,Jeffery P 01430 SS E - 1102 Kronschnabl,Jeffery P 01430 MEDICARE Q 1,395.80 418.74 1102 Total 16,519.67 4,955.90 6,657.64 2128 Legters III,Cornelius 01430 HMOPS N 6,199.92 6,199.92 2128 Legters III,Cornelius 01430 LIFE N 10.32 10.32 2128 Legters III,Cornelius 01430 LIFE T 12.96 12.96 2128 Legters III,Cornelius 01430 PENPLN N 8,756.10 8,756.10 2128 Legters III,Cornelius 01430 SAMP N 121.65 121.65 2128 Legters III,Cornelius 01430 SAMP T 90.73 90.73 2128 Legters III,Cornelius 01430 MEDICARE Q 907.84 907.84 2128 Total 16,099.52 96,099.52 15,888.31 5147 Lopez,Michael 01430 HMOPS N 6,199.92 6,199.92 5147 Lopez,Michael 01430 LIFE N 9.89 9.89 5147 Lopez,Michael 01430 PENPLN N 4,251.24 4,251.24 Item # 18 Attachment number 1 Page 10 of 42 ID Name DeptlD Deductn Cd Ded Class Sum Curr Dedn SB 442 % FY2007 5147 Lopez,Michael 01430 MEDICARE Q 431.99 431.99 5147 Total 10,893.04 90,893.04 10,812.98 5743 Morahan,Vicki Jo 01430 HMOPS N 6,199.92 4,959.94 5743 Morahan,Vicki Jo 01430 PENPLN N 3,673.06 2,938.45 5743 Morahan,Vicki Jo 01430 LIFE N 9.89 7.91 5743 Morahan,Vicki Jo 01430 MEDICARE Q 411.25 329.00 5743 Total 10,294.12 8,235.30 6,942.50 4861 Moreda,Lydia S 01430 LIFE N 10.32 8.26 4861 Moreda,Lydia S 01430 LIFE T 11.46 9.17 4861 Moreda,Lydia S 01430 PENPLN N 6,661.20 5,328.96 4861 Moreda,Lydia S 01430 POSPS N 6,199.92 4,959.94 4861 Moreda,Lydia S 01430 SAMP N 94.35 75.48 4861 Moreda,Lydia S 01430 SAMP T 11.27 9.02 4861 Moreda,Lydia S 01430 MEDICARE Q 689.92 551.94 4861 Total 13,678.44 90,942.75 11,300.36 5906 Newell,Lindsey R 01430 HMOPS N 6,199.92 4,959.94 5906 Newell,Lindsey R 01430 LIFE N 9.89 7.91 5906 Newell,Lindsey R 01430 PENPLN N 4,003.21 3,202.57 5906 Newell,Lindsey R 01430 MEDICARE Q 442.57 354.06 5906 Total 10,655.59 8,524.47 8,811.79 1350 Packer,Vernon W 01430 HMOPB N 6,199.92 6,199.92 1350 Packer,Vernon W 01430 PENPLN N 7,005.31 7,005.31 1350 Packer,Vernon W 01430 LIFE N 10.32 10.32 1350 Total 13,215.55 93,295.55 13,598.86 4113 Peeke,Jean M 01430 LIFE N 9.89 7.91 4113 Peeke,Jean M 01430 PENPLN N 4,421.63 3,537.30 4113 Peeke,Jean M 01430 POSPB N 6,199.92 4,959.94 4113 Peeke,Jean M 01430 MEDICARE Q 446.65 357.32 4113 Total 11,078.09 8,862.47 9,034.23 2138 Phil lips,Williann J 01430 HMOPS N 6,199.92 6,199.92 2138 Phil lips,Williann J 01430 LIFE N 9.89 9.89 2138 Phil lips,Williann J 01430 PENPLN N 8,383.33 8,383.33 2138 Phil lips,Williann J 01430 PRUD1C T 528.66 528.66 2138 Phil lips,Williann J 01430 MEDICARE Q 839.76 839.76 2138 Total 15,961.56 95,969.56 15,738.60 7069 Root,Dana C 01430 HMOPS N 5,683.26 5,683.26 7069 Root,Dana C 01430 PENPLN N 3,240.10 3,240.10 7069 Root,Dana C 01430 LIFE N 8.60 8.60 7069 Root,Dana C 01430 MEDICARE Q 345.00 345.00 7069 Total 9,276.96 9,276.96 - 1899 Rowe,Ralph A 01430 HMOPS N 6,199.92 6,199.92 1899 Rowe,Ralph A 01430 LIFE N 9.89 9.89 1899 Rowe,Ralph A 01430 PENPLN N 7,914.72 7,914.72 1899 Total 14,124.53 94, 924.53 14,148.53 7089 Sloan,Jane 01430 HMOPS N 516.66 413.33 7089 Sloan,Jane 01430 LIFE N 0.86 0.69 7089 Sloan,Jane 01430 MEDICARE Q 273.33 218.66 7089 Total 790.85 632.68 - 7104 Stanley II,Jannes C 01430 HMOPS N 4,649.94 4,649.94 7104 Stanley II,Jannes C 01430 PENPLN N 2,498.86 2,498.86 7104 Stanley II,Jannes C 01430 LIFE N 7.74 7.74 7104 Stanley II,Jannes C 01430 MEDICARE Q 375.12 375.12 7104 Total 7,531.66 7,539.66 - Item # 18 Attachment number 1 Page 11 of 42 ID Name DeptlD Deductn Cd Ded Class Sum Curr Dedn SB 442 % FY2007 5391 Swinton Jr,Sam F 01430 HMOPS N 5,166.60 5,166.60 5391 Swinton Jr,Sam F 01430 PENPLN N 2,916.09 2,916.09 5391 Swinton Jr,Sam F 01430 LIFE N 8.17 8.17 5391 Swinton Jr,Sam F 01430 MEDICARE Q 336.70 336.70 5391 Total 8,427.56 8,427.56 - 1693 Tucker,Kevin E 01430 HMOPS N 5,424.93 5,424.93 1693 Tucker,Kevin E 01430 PRIN1C T 318.57 318.57 1693 Tucker,Kevin E 01430 PENPLN N 5,043.10 5,043.10 1693 Tucker,Kevin E 01430 LIFE N 8.60 8.60 1693 Total 10,795.20 90,795.20 - 2158 Voss,Jeffrey R 01430 EQUT1C T 533.39 533.39 2158 Voss,Jeffrey R 01430 HMOPS N 6,199.92 6,199.92 2158 Voss,Jeffrey R 01430 LIFE N 9.89 9.89 2158 Voss,Jeffrey R 01430 PENPLN N 7,420.96 7,420.96 2158 Voss,Jeffrey R 01430 MEDICARE Q 807.53 807.53 2158 Total 14,971.69 94,979.69 14,803.11 4862 Wagner,James A 01430 HMOPS N 6,199.92 4,959.94 4862 Wagner,James A 01430 LIFE N 9.89 7.91 4862 Wagner,James A 01430 PENPLN N 5,175.98 4,140.78 4862 Wagner,James A 01430 MEDICARE Q 565.68 452.54 4862 Total 11,951.47 9,569.98 9,721.49 5892 Walker,Jeffrey E 01430 HMOPS N 6,199.92 6,199.92 5892 Walker,Jeffrey E 01430 LIFE N 10.32 10.32 5892 Walker,Jeffrey E 01430 LIFE T 4.56 4.56 5892 Walker,Jeffrey E 01430 PENPLN N 7,427.03 7,427.03 5892 Walker,Jeffrey E 01430 SAMP N 104.40 104.40 5892 Walker,Jeffrey E 01430 SAMP T 14.40 14.40 5892 Walker,Jeffrey E 01430 MEDICARE Q 762.65 762.65 5892 Total 14,523.28 94,523.28 14,453.40 6359 Warner,John C 01430 HMOPS N 6,199.92 1,859.98 6359 Warner,John C 01430 LIFE N 9.89 2.97 6359 Warner,John C 01430 PENPLN N 3,265.20 979.56 6359 Warner,John C 01430 MEDICARE Q 359.56 107.87 6359 Total 9,834.57 2,950.37 2,954.79 2798 Weaver,Mary J 01430 HMOPS N 6,199.92 4,959.94 2798 Weaver,Mary J 01430 LIFE N 9.89 7.91 2798 Weaver,Mary J 01430 NYRK1C T 419.18 335.34 2798 Weaver,Mary J 01430 PENPLN N 5,776.64 4,621.31 2798 Weaver,Mary J 01430 MEDICARE Q 634.34 507.47 2798 Total 13,039.97 90,439.98 10,358.72 6302 Wilson, Kyle A 01430 HMOPS N 6,199.92 6,199.92 6302 Wilson, Kyle A 01430 LIFE N 9.89 9.89 6302 Wilson, Kyle A 01430 PENPLN N 3,637.51 3,637.51 6302 Wilson, Kyle A 01430 MEDICARE Q 372.56 372.56 6302 Total 10,219.88 10,219.88 10,293.93 2760 Witkowski,John J 01430 HMOPB N 6,199.92 6,199.92 2760 Witkowski,John J 01430 LIFE N 9.89 9.89 2760 Witkowski,John J 01430 PENPLN N 7,156.33 7,156.33 2760 Witkowski,John J 01430 MEDICARE Q 763.14 763.14 2760 Total 14,129.28 94, 929.28 14,044.28 2874 Wright,William M 01430 HMOPB N 516.66 516.66 2874 Wright,William M 01430 LIFE N 0.43 0.43 2874 Wright,William M 01430 PENPLN N 874.97 874.97 Item # 18 Attachment number 1 Page 12 of 42 ID Name DeptlD Deductn Cd Ded Class Sum Curr Dedn SB 442 % FY2007 2874 Wright,William M 01430 MEDICARE Q 228.63 228.63 2874 Total Workers' Compensation Workers' Compensation Total 1,620.69 9,620.69 13,563.94 49,400.00 49,400.00 373,749.87 334,493.00 39,328.87 Grand Total 436,181.20 373,741.87 Item # 18 Attachment number 1 Page 13 of 42 Pegq Soft Deduction Report SB442 % HMOPS 167,397.84 215,963.88 146,008.12 183,259.30 HMOPB 19,116.42 19,116.42 POSPS 17,049.78 8,214.89 POSPB 12,399.84 9,919.87 PENPLN 188,623.58 188,623.58 168,462.43 168,462.43 LIFE 443.61 443.61 374.05 374.05 SAMP 1,643.15 1,643.15 1,201.88 1,201.88 PRINK 960.57 3,117.88 511.17 2,584.64 PRUD1C 641.94 641.94 WEST1C 316.32 316.32 EQUT1C 779.87 779.87 NYRK1 C 419.18 335.34 SS - - MEDICARE 18,685.85 18,685.85 15,548.58 15,548.58 WC 164,180.00 TOTAL 428,477.95 428,477.95 371,430.89 535,610.89 G/L FY2008 FY2007 HEALTH 190,930.73 189,257.45 PENSION 176,333.39 169,710.87 LIFE 389.79 382.56 SAMP LIFE 1,280.57 1,204.45 LIFE 1% 2,584.76 2,264.83 18,997.36 17,36120 WC 164,180.00 49,430.00 554,696.60 Item # 18 Attachment number 1 Page 14 of 42 Item # 18 Attachment number 1 Page 15 of 42 Item # 18 Attachment number 1 Page 16 of 42 Item # 18 Attachment number 1 Page 17 of 42 Item # 18 Attachment number 1 Page 18 of 42 Other Services Building Services I.T. Total and Charges Total $63,100/48 Garage Services Total $273,640/48 Total $28,410/48 Name Employees $108,904 Employees Employees Ackerman, Robert V $1,314.58 G3298 $5,831.01 $5,700.83 $591.88 Carrick,Thomas H $1,314.58 G3238 $2,911.23 $5,700.83 $591.88 Chaplinsky,Thomas $1,314.58 G1863 $2,222.78 $5,700.83 $591.88 Coccia,Benjamin M $1,314.58 G2671 $6,815.72 $5,700.83 $591.88 Fahey, Jack $1,314.58 G1948 $2,694.11 $5,700.83 $591.88 Garriott,Kevin D $1,314.58 $5,700.83 $591.88 Legters III,Cornelius $1,314.58 $5,700.83 $591.88 Lopez,Michael $1,314.58 $5,700.83 $591.88 Packer,Vernon W $1,314.58 $5,700.83 $591.88 Phillips,William J $1,314.58 G3100 $5,799.89 $5,700.83 $591.88 Root, Dana C $1,314.58 G3300 $5,027.20 $5,700.83 $591.88 Rowe, Ralph A $1,314.58 $5,700.83 $591.88 Stanley, James $1,314.58 G3271 $2,799.86 $5,700.83 $591.88 Swinton, Sam $1,314.58 G2507 $3,008.73 $5,700.83 $591.88 Tucker, Kevin $1,314.58 G1759 $6,396.44 $5,700.83 $591.88 Voss,Jeffrey R $1,314.58 G3299 $4,777.86 $5,700.83 $591.88 Walker,Jeffrey E $1,314.58 $5,700.83 $591.88 Wilson, Kyle A $1,314.58 G1864 $1,575.27 $5,700.83 $591.88 Witkowski,John J $1,314.58 G2960 $6,270.17 $5,700.83 $591.88 Wright, Estate of William $1,314.58 $5,700.83 $591.88 100% From 442 $26,291.67 $56,130.27 $114,016.67 $11,837.50 DeCastro II,Richard $1,051.67 $4,560.67 $473.50 Downes, Anne Blackburn $1,051.67 $4,560.67 $473.50 Franco, Michael $1,051.67 $4,560.67 $473.50 Jordan, Scotty $1,051.67 $4,560.67 $473.50 Kolmer,Judith A $1,051.67 $4,560.67 $473.50 Korczak,Carl A $1,051.67 $4,560.67 $473.50 Morahan, Vicki $1,051.67 $4,560.67 $473.50 Moreda,Lydia S $1,051.67 $4,560.67 $473.50 Newell,Lindsey R $1,051.67 $4,560.67 $473.50 Peeke,Jean M $1,051.67 $4,560.67 $473.50 Sloan, Jane $1,051.67 $4,560.67 $473.50 Wagner, James $1,051.67 $4,560.67 $473.50 Weaver, Mary J $1,051.67 G2241 $2,680.11 $4,560.67 $473.50 80% From 442 $13,671.67 $2,680.11 $59,288.67 $6,155.50 Jackson, Kari $394.38 $1,710.25 $177.56 Ayo, Ellen $394.38 $1,710.25 $177.56 Kronschnabl, JefferyP $394.38 G2959 $856.05 $1,710.25 $177.56 Warner, John $394.38 $1,710.25 $177.56 30% From 442 $1,577.50 $856.05 $6,841.00 $710.25 Hall, Robert $0.00 $0.00 $0.00 Brown, Shelby $0.00 $0.00 $0.00 Collins, Cornelius $0.00 $0.00 $0.00 Debord, Richard $0.00 $0.00 $0.00 Espinosa, Nilda $0.00 $0.00 $0.00 Franco, Peggy $0.00 $0.00 $0.00 McMahan, Janet $0.00 $0.00 $0.00 Niemiller, Vicki D $0.00 $0.00 $0.00 O'Neil, Corey $0.00 $0.00 $0.00 Parra, Gabe $0.00 $0.00 $0.00 Phillips, Julie $0.00 $0.00 $0.00 Pulizotto, Lynne $0.00 $0.00 $0.00 Ruud, Alan K $0.00 $0.00 $0.00 Shawen, Wadine B $0.00 $0.00 $0.00 0% From 442 $0.00 $0.00 $0.00 Item # 18 Attachment number 1 Page 19 of 42 Grand Total from 442 $41,540.83 $0.00 $59,666.44 $180,146.33 $18,703.25 Item # 18 Attachment number 1 Page 20 of 42 G1500 721.20 2,055.03 G1759 3,955.34 6,396.44 G1863 584.52 2,222.78 G1864 377.46 1,575.27 G1944 1,518.96 2,236.58 G1948 2,694.11 3,959.24 G2008 1,650.73 2,565.13 G2241 2,729.74 3,350.14 G2282 1,126.62 2,475.09 G2283 2,069.87 3,461.26 G2442 1,212.21 2,373.44 G2507 1,699.76 3,008.73 G2671 4,933.47 6,815.72 G2781 227.06 967.50 G2959 2,948.24 4,280.27 G2960 4,301.25 6,270.17 G3100 4,085.74 5,799.89 G3105 5,887.78 6,423.80 G3238 938.91 2,911.23 G3271 2,229.76 2,799.86 G3297 2,892.20 4,159.02 G3298 3,106.84 5,831.01 G3299 3,039.66 4,777.86 G3300 2,920.72 5,027.22 57, 852.15 91, 742.68 Item # 18 Attachment number 1 Page 21 of 42 Account Number Closing Balance 0010-01432-510100-524-000-0000 659,894 .78 0010-01432-510200-524-000-0000 14,423 .48 0010-01432-510400-524-000-0000 2,860 .63 0010-01432-510500-524-000-0000 15,047 .02 0010-01432-510600-524-000-0000 56,859 .01 0010-01432-510700-524-000-0000 40,028 .55 0010-01432-510800-524-000-0000 3,059 .21 0010-01432-512200-524-000-0000 5,227 .88 0010-01432-512300-524-000-0000 1,009 .82 0010-01432-512500-524-000-0000 499 .80 0010-01432-512700-524-000-0000 40,249 .70 0010-01432-520100-524-000-0000 220 .24 0010-01432-520200-524-000-0000 1,965 .32 0010-01432-520300-524-000-0000 747 .69 0010-01432-520400-524-000-0000 112,865 .35 0010-01432-520600-524-000-0000 17,992 .59 0010-01432-520700-524-000-0000 83,576 .23 0010-01432-520900-524-000-0000 15,130 .00 0010-01432-521000-524-000-0000 436 .75 0010-01432-530300-524-000-0000 745 .85 0010-01432-530400-524-000-0000 25,534 .13 0010-01432-542500-524-000-0000 466 .52 0010-01432-547100-524-000-0000 2,781 .19 0010-01432-547200-524-000-0000 3,810 .31 0010-01432-547300-524-000-0000 178 .70 0010-01432-547400-524-000-0000 171 .00 0010-01432-548000-524-000-0000 3,800 .00 0010-01432-550100-524-000-0000 4,339 .25 0010-01432-550400-524-000-0000 4,838 .24 0010-01432-552500-524-000-0000 - 0010-01432-557100-524-000-0000 1,628 .55 0010-01432-557200-524-000-0000 130 .00 0010-01432-557300-524-000-0000 3,449 .35 0010-01432-564000-524-000-0000 - 0010-01432-564500-524-000-0000 - Garage Services - Fixed 0010-01432-540100-524-000-0000 160 .03 Document Reproduction - Variable 0010-01432-540200-524-000-0000 2,531 .33 Telephone Service - Variable 0010-01432-540300-524-000-0000 (11 .43) Postal Service - Variable 0010-01432-540700-524-000-0000 18,902 .89 Risk Management Services - Fixed 0010-01432-540900-524-000-0000 - Employee Benefits - Fixed 0010-01432-542000-524-000-0000 - 1,145,549 .96 107,209.41 5,187.31 2,158.28 Item # 18 Attachment number 1 Page 22 of 42 Account Number 0010-01445-510100-554-000-0000 0010-01445-510400-554-000-0000 0010-01445-510600-554-000-0000 0010-01445-510700-554-000-0000 0010-01445-510800-554-000-0000 0010-01445-512500-554-000-0000 0010-01445-512700-554-000-0000 0010-01445-520100-554-000-0000 0010-01445-520300-554-000-0000 0010-01445-520400-554-000-0000 0010-01445-520600-554-000-0000 0010-01445-520700-554-000-0000 0010-01445-520900-554-000-0000 0010-01445-530300-554-000-0000 0010-01445-542500-554-000-0000 0010-01445-544100-554-000-0000 0010-01445-547100-554-000-0000 0010-01445-547200-554-000-0000 0010-01445-547300-554-000-0000 0010-01445-547400-554-000-0000 0010-01445-549000-554-000-0000 0010-01445-550100-554-000-0000 0010-01445-550400-554-000-0000 0010-01445-557100-554-000-0000 0010-01445-557200-554-000-0000 0010-01445-557300-554-000-0000 0010-01445-590200-581-000-0000 0010-01445-591600-581-000-0000 0010-01445-540100-554-000-0000 0010-01445-540200-554-000-0000 0010-01445-540300-554-000-0000 0010-01445-540400-554-000-0000 0010-01445-540600-554-000-0000 0010-01445-540700-554-000-0000 0010-01445-540800-554-000-0000 0010-01445-540900-554-000-0000 0010-01445-541000-554-000-0000 0010-01445-541600-554-000-0000 0010-01445-542000-554-000-0000 Closing Balance 129,054.15 277.09 7,429.38 2,527.27 562.79 499.44 7,042.68 35.80 278.55 18,858.09 2,058.67 19,309.51 1,010.00 388.22 16.34 2,438.47 230.24 2,495.56 410.69 5,326.90 8,774.89 300.00 37.00 827.50 25,000.00 4,205.08 1,667.61 2,858.42 1,164.36 1,210.00 580.00 1,615.82 3,530.00 440.00 21,800.00 188,943.42 18,894.34 Grant monies for special programs should not be included in personel cost. 25,450.89 2,545.09 320.00 35,186.21 3,518.62 274,580.52 Item # 18 Attachment number 1 Page 23 of 42 Account Number Closing Balance 0010-09211-510100-512-000-0000 493,909.28 0010-09211-510400-512-000-0000 555.53 0010-09211-510500-512-000-0000 - 0010-09211-510600-512-000-0000 35,930.07 0010-09211-510700-512-000-0000 7,764.90 0010-09211-510800-512-000-0000 1,221.69 0010-09211-512700-512-000-0000 21,964.00 0010-09211-520100-512-000-0000 118.43 0010-09211-520200-512-000-0000 817.68 0010-09211-520300-512-000-0000 2,258.71 0010-09211-520400-512-000-0000 35,590.99 0010-09211-520600-512-000-0000 25,073.04 0010-09211-520700-512-000-0000 18, 026.68 0010-09211-520900-512-000-0000 3,380.00 0010-09211-521000-512-000-0000 2,190.00 648,801.00 12,976.02 0010-09211-530300-512-000-0000 311.60 0010-09211-543400-512-000-0000 - 0010-09211-544100-512-000-0000 3,484.31 0010-09211-547100-512-000-0000 192.25 0010-09211-547200-512-000-0000 12, 060.75 0010-09211-547300-512-000-0000 16, 048.34 0010-09211-547400-512-000-0000 297.07 0010-09211-549000-512-000-0000 - 0010-09211-549500-512-000-0000 - 0010-09211-550100-512-000-0000 1,721.88 0010-09211-550400-512-000-0000 205.97 0010-09211-557100-512-000-0000 16, 383.40 0010-09211-557200-512-000-0000 55.00 0010-09211-557300-512-000-0000 2,759.38 0010-09211-565800-512-000-0000 - 0010-09211-590200-581-000-0000 100,000.00 153,519.95 3,070.40 0010-09211-540200-512-000-0000 1,010.51 0010-09211-540300-512-000-0000 4,762.95 0010-09211-540400-512-000-0000 1,210.00 0010-09211-540600-512-000-0000 4,650.00 0010-09211-540700-512-000-0000 447.58 0010-09211-540800-512-000-0000 89,690.00 0010-09211-540900-512-000-0000 1,530.00 0010-09211-541000-512-000-0000 23,570.00 0010-09211-541600-512-000-0000 60.00 0010-09211-542000-512-000-0000 1,120.00 128,051.04 2,561.02 Item # 18 Attachment number 1 Page 24 of 42 O X V CID N C O U LL D (6 C O Q (o ? ? 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H o CO U N U cl) C: f z -?e > O Q J > U ° c O O >>O O C O Q N N > 6 E a) .? M W S ? > > -- Q CO H V N N O) Item # 18 Attachment number 1 Page 25 of 42 Name 1 11D Sum Ded YTD Albee,Richard J 1622 13839.28 Buszewski,Justyna J 6697 8850.52 Everitt,Steven T 6258 9590.84 Kurleman,A Scott 3217 13303.87 Sullivan,Robert S 2474 12526.53 Tefft, Robert G 6196 12802.20 Thompson,Neil C 6072 8573.22 Wells,Wayne M 5044 14765.35 Item # 18 Attachment number 1 Page 26 of 42 x LO LO O a) C O U LL 0 a n3 C a) Q d 0 N O O a0 N N a0 M ? LO O M N O M (p N In ? N N M I- LO M O =? fC ? a0 lf') M O N lf') I? ' N O N O O ? N d U O M 0 LO 0 O a0 M a0 O a0 O ? I - ? O M a0 O N (p O a0 O O LO N M C - Q M 0 ? LO - M ? N Q LO a Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl 61 Efl N LO O M M I,- O N M I,- M LO M M I,- , - 1 O ? - ? M - N I- I- ' LO : I- , M N : c') C\1 I? 6 ? 14 N 06 M P%- 1-- C) 1-- ?+ a0 O a0 M O O LO O LO M O ?? M N ? O ? ? M ? M (O ? M (O a0 O Q Do ? 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O N a) O c? a Item # 18 Attachment number 1 Page 27 of 42 Name IlDept 1 1ID Il Sum Ded YTD Maran,Robert J 1365 1161 16505.44 Melone,Donald D 1311 1537 14460.39 Gluski,Roberta L 1311 1780 12581.89 Doherty,Stephen 1311 1845 14612.05 Shoberg,Elliot E 1365 4425 16044.09 Maciolek,Melvin R 1365 5129 11801.94 Elbo,Bennett 1331 5437 13693.55 Rice,David S 1311 5492 13922.16 Melone,Christopher R 1331 6358 9950.67 Patni,Nimanshu 1331 6486 12990.97 Chesney Jr,Edward F 1365 6523 12446.69 Vo,Phuong T 1365 6678 12241.84 Josuns,Sarah E 1365 6832 12539.43 McKinney,Allison J 1365 7094 9911.68 Item # 18 Attachment number 1 Page 28 of 42 Account Number 0315-94801-530100-519-000-0000 0315-94801-530300-519-000-0000 0315-94801-546100-519-000-0000 0315-94801-546200-519-000-0000 0315-94801-550400-519-000-0000 0315-94801-552500-519-000-0000 0315-94801-564000-519-000-0000 0315-94801-564300-519-000-0000 0316-94801-500000-000-000-0000 Total Spent FY08 Opening Balance 57,878.64 84,773.46 4,718.00 25,000.00 6,246.95 4,092.00 231,826.00 79,547.00 Closing Balance 65,479.37 84,773.46 4,718.00 25,000.00 6,393.02 4,092.00 231,826.00 79,547.00 7,746.80 Item # 18 Attachment number 1 Page 29 of 42 Account Number Opening B, Closing Balance 0010-00000-322108-000-000-0000 - (1,822,656.81) 0010-00000-322111-000-000-0000 - (26,374.00) Item # 18 Attachment number 1 Page 30 of 42 GENERALFUND Indirect Charge Computation Fiscal Year 2007/08 Approved General Fund: Budget Administrative Departments: City Council 295,920 City Manager 1,268,700 Economic Development 901,000 Equity Services 338,200 City Auditor's Office 162,870 Office of Management & Budget 305,160 City Attorney 1,676,820 Official Records and Legislative Services 1,255,700 Public Communications 1,098,590 Development Services 3,959,240 Finance 2,265,190 Human Resources 1,231,480 TOTAL TO BE DISTRIBUTED 14,758,870 Operating Departments: General Fund: 2007/08 Police 36, 970, 730 Fire 21,423,410 Economic Development - Housing 535,710 Engineering 7,028,070 Neighborhood Services 336,700 Planning 1,414,750 Public Services 3,684,770 Parks & Recreation 21,888,050 Library 6,433,700 Sailing Center/Pier 60 1,221,490 Non-Departmental 6,394,690 Total, General Fund 107,332,070 Utilities: Water & Sewer 59,930,170 Gas 45,896,470 Solid Waste/General Services 18,068,320 Recycling 2,834,930 Sto rmwate r 14, 436, 690 Total, Utility Funds 141,166,580 Other Enterprise Funds Marina 4,774,180 Parking 3,804,260 Total, Other Enterprise Funds 8,578,440 TOTAL - ALL OPERATING DEPARTMENTS 257,077,090 Item # 18 Attachment number 1 Page 31 of 42 GENERALFUND Administrative Service Charge Computation Fiscal Year 2007/08 % Amount General Fund 41.75% 6,161,965 Water & Sewer 23.31% 3,440,608 Gas 17.85% 2,634,930 Solid Waste 7.03% 1,037,307 Recycling 1.10% 162,754 Sto rmwate r 5.62% 828,815 Marina & Aviation 1.86% 274,087 Parking 1.48% 218,404 100.00% 14,758,870 Distributed Amount 6,161,970 3,440,610 1,719,409 915,520 (1) 1,037,310 162,750 828,810 274,090 218,400 13, 039, 460 1,719,409 14, 758, 870 (1) Per policy increase started in FY 1996/97, Gas administrative charge to increase only by salary increase index. For fiscal 2007/08 - 4%) SB 442 General Fund: % Amount Police 34.45% 2,122,500 Fire 19.96% 1,229,924 Economic Development - Housing 0.50% 30,755 Development Services 0.31°1? 19,330 Planning 1.32% 81,221 Public Works 3.43% 211,544 Parks & Recreation 20.39% 1,256,599 Library 5.99% 369,361 Sailing Center/Pier 1.14% 70,126 Non-Departmental 5.96% 367,121 93.45% 5,758,481.62 Item # 18 Attachment number 1 Page 32 of 42 Item # 18 Attachment number 1 Page 33 of 42 no, it is various expense codes (422, 423, 504, 303, 411, 412, 416, etc.). Tracey Bruch, CAPP Parking Manager (727) 562-4771 tracey.bruch@myclearwater.com -----Original Message----- From: Kleinsorge, Bill Sent: Tuesday, June 19, 2007 10:52 AM To: Bruch, Tracey Subject: FW: cost of garage maintenance Do have a specific code you charge these expenses to? Thanks again! -----Original Message----- From: Kleinsorge, Bill Sent: Tuesday, June 19, 2007 10:49 AM To: Bruch, Tracey Subject: RE: cost of garage maintenance Thanks! -----Original Message----- From: Bruch, Tracey Sent: Tuesday, June 19, 2007 10:46 AM To: Kleinsorge, Bill Cc: Sansom, Stephanie; Bush, Keith; Quillen, Michael; Stefanelli, Stephanie Subject: RE: cost of garage maintenance Bill: I would estimate approx. $50,000 in annual o & m costs (i.e., lighting, utilities, landscape maint., irrigatic Tracey Tracey Bruch, CAPP Parking Manager (727) 562-4771 tracey.bruch@myclearwater.com Total 50,000 Police 25,000 MSB 25,000 Item # 18 Attachment number 1 Page 34 of 42 in, bldg. & maint., elevator, upkeep, r&r). Item # 18 Attachment number 1 Page 35 of 42 2005/06 2006/07 Approved % Estimated Budget Increase Budget Administrative Departments City Council Personal Services 190,560 4.0% 198,182 Other Operating 106,740 3.0% 109,942 297,300 308,125 3.6% City Manager Personal Services 807,270 4.0% 839,561 Other Operating 317,780 3.0% 327,313 1,125,050 1,166,874 3.7% Economic Development Personal Services 384,030 4.0% 399,391 Other Operating 520,290 3.0% 535,899 Less: Chamber contracts (217,840) Less: Reimb frm CRA/DDB - 3.0% (191,250) 904,320 526,200 -41.8% Equity Services Personal Services 238,250 4.0% 247,780 Other Operating 110,080 3.0% 113,382 Less: Contributions to Other Ageni - (110,000) 348,330 251,162 -27.9% City Audit Personal Services 127,940 4.0% 133,058 Other Operating 18,020 3.0% 18,561 145,960 151,618 3.9% OMB Personal Services 281,190 4.0% 292,438 Other Operating 34,490 3.0% 35,525 315,680 327,962 3.9% City Attorney's Office Personal Services 998,690 4.0% 1,038,638 Other Operating 507,110 3.0% 522,323 1,505,800 1,560,961 3.7% Official Records & Legislative Svcs. Personal Services 692,940 4.0% 720,658 Other Operating 557,220 3.0% 573,937 1,250,160 1,294,594 3.6% Public Communications Personal Services 585,480 4.0% 608,899 Other Operating 390,920 3.0% 402,648 Item # 18 Attachment number 1 Page 36 of 42 976,400 1,011,547 3.6% Development Services Personal Services 2,854,540 4.0% 2,968,722 Other Operating 668,410 3.0% 688,462 Less: Other Department Revenues (2,000,000) 3,522,950 1,657,184 -53.0% Finance Personal Services 1,705,380 4.0% 1,773,595 Other Operating 452,520 3.0% 466,096 2,157,900 2,239,691 3.8% Human Resources Personal Services 847,460 4.0% 881,358 Other Operating 360,230 3.0% 371,037 1,207,690 1,252,395 3.7% Total Administrative Programs 13,757,540 11,748,314 -14.6% FY 2005/06 Police 33,243,510 Fire 20,658,540 Economic Development - Housing 493,010 Development Services 314,380 Planning 1,484,330 Public Works 10,104,080 Parks & Recreation 20,088,080 Library 6,081,950 Sailing Center/Pier 502,830 Non-departmental 4,671,660 97,642,370 Total General Fund 111,399,910 Water & Sewer 49,847,580 Less: Transfers to General Fund Other Svc Charges (542800) 1,229,560 Adm Svc Charge (542900) 2,668,250 Pymnt in lieu of tax (590200) 2,358,030 43,591,740 Gas 40,533,050 Less: Transfers to General Fund Other Svc Charges (542800) 550 Adm Svc Charge (542900) 1,205,310 Dividend Payment 1,419,980 Franchise Fees 650,000 Pymnt in lieu of tax (590200) 1,250,000 36,007,210 Item # 18 Attachment number 1 Page 37 of 42 Solid Waste 17,298,140 Less: Transfers to General Fund Other Svc Charges (542800) Adm Svc Charge (542900) 837,250 Pymnt in lieu of tax (590200) 891,230 15,569,660 Recycling 2,557,900 Less: Transfers to General Fund Other Svc Charges (542800) Adm Svc Charge (542900) 119,990 Pymnt in lieu of tax (590200) 145,710 2,292,200 Stormwater 11,398,620 Less: Transfers to General Fund Other Svc Charges (542800) 902,440 Adm Svc Charge (542900) 448,650 Pymnt in lieu of tax (590200) 521,910 9,525,620 Marina 3,601,820 Less: Transfers to General Fund Other Svc Charges (542800) 42,000 Adm Svc Charge (542900) 175,270 Pymnt in lieu of tax (590200) 171,110 3,213,440 Parking 4,609,970 Less: Transfers to General Fund Other Svc Charges (542800) 494,610 Adm Svc Charge (542900) 206,790 3,908,570 Item # 18 Attachment number 1 Page 38 of 42 Rounded 308,120 1,166,870 526,200 251,160 151,620 327,960 1,560,960 1,294,590 Item # 18 Attachment number 1 Page 39 of 42 1,011,550 1,657,180 2,239,690 1,252,400 11,748,300 Item # 18 Attachment number 1 Page 40 of 42 o V V M j M M R v o of M (O O '1! 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'~ U CD g g Q Q Q D J W O a o r a o N z p a O Q m o o o o o :) ? W ° G o a) LL 0 N N M r LO r } U ° ° ° ° ti ° 0 0 o o o o o 0 W ° ° ti ° ° o c J o o o c i :) W 0 0 0 0 o a) o li LL U a it Z _ a> a) a> a) O O Go Go H z a> a) J D Q ? CD Ca _ O O W to Z N N 0 o 0 0 0 0 0 O U nber 1 A ?- Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Memorandum of Understanding pursuant to the Department of Justice, Bureau of Justice Assistance (DOJBJA) Edward Byrne Memorial Justice Assistance Grant application to be filed by Pinellas County on behalf of the City of Clearwater and other municipalities and authorize the appropriate officials to execute same.(consent) SUMMARY: • On June 11, 2009, Clearwater Police Department was granted e-mail approval by the City's Resource Management Committee to utilize a $93,251 allocation under the federal Justice Assistance Grant (JAG) program to continue its participation in a countywide project with the Pinellas County Sheriff's Office (PCSO) to operate a Prisoner Transport System. The $93,251 represents additional grant funds that come from the regular federal budget, rather than economic stimulus funds. • On May 7, 2009, the City Council approved submission of a federal Recovery Act, JAG application in the amount of $383,713 and a Memorandum of Understanding and Interlocal Agreement with Pinellas County Sheriff's Office. This approval gave the Police Department permission to participate in the Prisoner Transport System. • Once again, the U.S. Department of Justice/Bureau of Justice Assistance (DOJ/BJA) has designated Pinellas County and the following 6 cities as "disparate": Clearwater, St. Petersburg, Largo, Pinellas Park, Tarpon Springs, and Dunedin. • This "disparate" allocation exists because multiple cities in the county are collectively eligible to receive four times (400%) more in JAG funds than Pinellas County. • DOJBJA requires the county be the single applicant/fiscal agent in this type of disparate situation. A joint application must be filed on behalf of the county and all 6 cities for the total eligible allocation of $726,862. • PCSO has assured Clearwater that it will not assess the allowable 10-20% in administrative costs as the fiscal agent for the grant if the funding is applied to the Prisoner Transport System. If Clearwater were to utilize the $93,251 for another purpose, PCSO would deduct 10-20% off the top, leaving Clearwater with less funding. • The Police Department views this as an outstanding opportunity to continue to fund its share of a countywide Prisoner Transport System. Under the Prisoner Transport System, law enforcement officers in Clearwater will contact PCSO when they have arrested one or more individuals who need to be transported to the county jail. PCSO will pick up the prisoner(s), transport and book the person(s) into the jail, allowing the arresting police officer to go back into service immediately. • This program has been implemented, on a trial basis, at no cost, in Clearwater since March 2009 and has been a huge success, saving police officer time and transportation costs to and from the jail. The Police Department believes its participation in the Prisoner Transport System is in the best interests of the City and a wise investment of the Recovery Act/JAG funding. • PCSO will file the grant application on behalf of all participants. A signed Memorandum of Understanding from each city is required for submission to DOJBJA. This document is attached for review and approval by City Council. • There are no additional costs associated with this project such as additional personnel or cash match. At the conclusion of the grant period, if not refunded, the project will terminate without any cost to the participating agencies. Cover Memo Item # 19 • The countywide program is scheduled to start October 1, 2009; however, PCSO has agreed to continue the pilot Prisoner Transport System in Clearwater until that time at no cost. Type: Other Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code N/A $93,251 2010 to 2011 Amount Review Approval: 1) Clerk Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment No $93,251 Cover Memo Item # 19 Attachment number 1 Page 1 of 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF ST. PETERSBURG, CLEARWATER, DUNEDIN, LARGO, PINELLAS PARK, TARPON SPRINGS, AND THE PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS RE: U.S. DEPARTMENT OF JUSTICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM CFDA #16.738 The Cities of St. Petersburg, Clearwater, Dunedin, Largo, Pinellas Park, and Tarpon Springs (Cities) and the County of Pinellas (County), Florida are units of local government appearing on the FY 2009 Units of Local Government list established by the United States Department of Justice, Bureau of Justice Statistics (BJS) as being eligible to apply for JAG funds. BJS has determined that the Cities and the County have a disparate allocation of JAG funds in that the Cities are scheduled to receive at least 4 times more than the County, while the County bears more than 50% of the costs of incarceration and court security that arise for Part 1 violent crimes reported by the geographically constituent units (i. e. Cities). As a result of the United States Department of Justice disparate jurisdiction certification, the Cities and the County must submit a joint application for the aggregate of JAG funds applicable to all the entities ($726,862). The Pinellas County Sheriff's Office, as designated by the Pinellas County Board of County Commissioners, and with the agreement of all the parties hereto, will serve as the Applicant and Fiscal Agent and will submit the required application. The Applicant/Fiscal Agent will ensure that the application is made public through the Applicant's public web site. The parties have agreed to the following use of funds: Pinellas County, with the Cities of Clearwater, Largo, and Tarpon Springs will utilize their funds to supplement and improve the efficiency and effectiveness of the Cities' and the County's delivery of countywide law enforcement services. More specifically, $377,393 will be used to fund countywide prisoner transportation that benefits the Cities and the County. Those cities not participating in the countywide project will contribute twenty percent of their individual allocations to Pinellas County toward administrative costs and in Item # 19 Attachment number 1 Page 2 of 3 recognition of the disparity in allocations. The County will add these funds in the amount of $87,367 to the countywide prisoner transportation program. The City of St. Petersburg will utilize its remaining allocation ($315,607) for supplemental overtime; the City of Dunedin will purchase two digitized traffic signs with its remaining allocation ($10,520); and the City of Pinellas Park will purchase six in-car video cameras with its remaining allocation ($23,342). The Cities will provide the County with information to assist with the development of any fiscal and/or programmatic reports that are required by the JAG program. In acknowledgment and execution of the MEMORANDUM OF UNDERSTANDING REGARDING THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, JUSTICE ASSISTANCE GRANT (JAG), I hereby set my hand this day of 2009: PINELLAS COUNTY SHERIFF'S OFFICE JIM COATS, Sheriff Item # 19 Attachment number 1 Page 3 of 3 In acknowledgment and execution of the MEMORANDUM OF UNDERSTANDING REGARDING THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, JUSTICE ASSISTANCE GRANT (JAG), I hereby set my hand this day of 2009. Countersigned: Frank V. Hibbard Mayor Approved as to form: 9 .0 &A - Au4k Robert Surette Assista.City Attorney CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk Item # 19 ?- Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a FY 2007 Buffer Zone Protection Program Grant (BZPP) in the amount of $192,460.60 from the Florida Department of Law Enforcement (FDLE) and U. S. Department of Homeland Security (DHS), authorize the appropriate officials to execute same and approve purchase of equipment. (consent) SUMMARY: On June 1, 2009, the City of Clearwater was awarded a BZPP grant from the FDLE and DHS (this is a federal "pass-through grant.") The BZPP was designed to reduce vulnerabilities of critical infrastructure and key resource (CI/KR) sites across the country. The DHS has identified one such critical site in the City of Clearwater. Due to security reasons, this site is not being identified in this document. On May 6, 2009, the Police Department received approval from the City's Resource Management Committee to accept this grant project, and the Police Department is now seeking City Council approval to accept the grant and utilize the funding for the purchase of a variety of equipment that will be utilized by the Police and Fire Departments to protect, deter, and defend the DHS selected CI/KR site within the City of Clearwater. The surveillance equipment, designed for portability to maximize effectiveness, will be utilized at selected locations outside the perimeter of the CI/KR facility to conduct covert, unobtrusive surveillance of the buffer zone approaches, providing coverage where company resources are insufficient. The Clearwater Police Department will be able to monitor these platforms from remote locations in real time, minimizing manpower requirements. In addition, the hazardous material detection equipment will provide Clearwater Fire & Rescue personnel with the unique, new capability to rapidly detect and identify specific hazardous material in the vicinity and on site, greatly enhancing the ability to respond, identify, protect and decontaminate personnel and equipment in a safe and effective manner. All purchases are designed to be used as detection and deterrence from attacks on state critical infrastructure and bolster the ability of first responders to prevent, protect and respond to terrorist or criminal acts. There may be a $150 expense for cell phone usage involved with one of the pieces of surveillance equipment - cost would be based on $75 per month and the need would only be once or twice per year at a maximum of $150, should that method of data transmission be selected (range and control enhancement). All project sustainability is built into the equipment purchases through warranties and extended warranties that are included in the purchase price. The only future cost would be for calibration gas that the Fire Department already purchases for its existing detection meters and works with a company that provides the gas at a very economical cost. Special Project 181-99263 has been established to account for the grant expenditures. There is no match required for this grant and no new positions. Cover Memo Item # 20 Type: Other Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: Third Quarter Amendment will establish the project. Current Year Cost: $192,460.60 Not to Exceed: For Fiscal Year: 2009 to 2010 Annual Operating Cost: Total Cost: $192,460.60 Appropriation Code Amount 181-99263 $192,460.60 Review Approval: 1) Clerk Appropriation Comment Cover Memo Item # 20 Attachment number 1 Page 1 of 25 State of Florida i .C1 e "tic ? r. City of Clearwater C I: -1- F F T: 03)' T" i jucl pl 3Ele: P { ! t JI 11 Grant umber: 2009- ZPP-PICA -1-V -00 F I F 102,2 I -J Proj c 6 Cast: 102,=r-,,.00 Program ,area: 0778 : Buffer Zone Protection - r )cram - To protec E r juce the vulnerability of identified critical fr ructure and k sy . 1 -'z , ?.. 07.078 Award iz h an d in the F -?i nt rid for the period e -lkmn abn\16 f a nrgnt under t nd of `_blic al, C ), tc mer Ii ;d scan 'ds or 1 c Ti ru' r Cony 7 Rule C irc l r ®- 7. "-11 J 7d -103, in their eni subj, t i -r rules, regulations and i n pi ascribed by t or Federal overrun - r c r and authorization of e bli, Laws 108-000, e Item # 20 Attachment number 1 Page 2 of 25 0 _6 0 Florid- w. z C TIFIC T R T Typed Name and Title of Official' Cafe cf ,' - nm Item # 20 Attachment number 1 Page 3 of 25 T This gr? b( e, _ctive on begin in date of the gra ;ri that within _ `i.-,m th. r',,'e rd, - pr, rl executed -,. IlcaLIO Acceptances,, j? e -1 ;- „- department.. E Aut? ri: la l? - !J c: r Admi.. ii-c Cate F- Th i _ i special conditic. Item # 20 Attachment number 1 Page 4 of 25 i - dreof, the I have set their `r id Dn ' ate fire. r .. ° .T-R, FLORIDA CITY OF LE y: A d iE m B. Horne, II Anger Irm:: Cynthia E. C A City Clerk FLORIDA DEPAF4Tr i-l. l OF FORC - E JT By: Clayton H. Wilder Admini try -r, Office of Criminal "-c Grants Item # 20 Attachment number 1 Page 5 of 25 Section 1 Page 1 of _ Item # 20 Attachment number 1 Page 6 of 25 - - Fund, p-Arr'rent of d ? m City of Clearwater Pal%ce Department COU_. Pinellas d lein IJ-'. I of P-lice a, P' in fret G --:ea FL Zip: 33756 Phone: 7 r F', 2-, i 343 t; Fax, 727-F`"" -, Email: idney.kl a i :learwater,cor -in Tit F °ir FL Zip." 33756 - 727-', - ?_ 43 t; 7-1 '39 F A: idnc.. iC. clear ater.com 2909- 3 Section 1 Page 2 if 2 # 20 tem Gont,--t 20GJ-- - ?-e -°I-V4- Attachment number 1 Attachment number 1 Page 8 of 25 r PCB _...___ , . Item # 20 Attachment number 1 Page 9 of 25 ? a rl 0 I ortrgrt, l al Services F t r' $0,00 $0.00 MOO $1,080,80 $0.00 m 71,80 X0.00 X1, 0 Item # 20 Attachment number 1 Page 10 of 25 o 6i L 9 Flt..,, ? ?t; ?e ??• ?rw,?o y Titer i-i nu uasn match iequlied iui aiiy ul Leese lire item . EXPENSES A.7- 1 `07 D-01-DPPI Fi t_1 Calibration Gas ? Hydrogen Cyanide $240,40 each ($1,232) .AEL No. 07 _3-01-DPP Four (4) c Flea Regulat. ($755.80) Total: OPERA ' ;. 'IT AL OUTLAY AEL No, 1 - ii-VI DA Two (2) cap 1 portable multi-video camera surveillance system- 1,512 ea( . , 3, 24) I ( j nt) Rec.-, n, ,;-,)rd'ers @ $11,000 each ($22,000) AEL No One (1) ci kk:i, p \ .-t .. J X10 Di 2,250 C _ _,I AEL No. 030E-02-T.- Two (2) ITT (car it) AN/PV -1 thermal night vision me c 3,s _L4 . 07O- , _..® 0' Fir__ yl 4. it) monitor @ $49,0( - _ -,- _0) . C 'C-01-PPI Five multi-RAE monitors a $3,082.80 each ($18,414) .AEL No. 07 D-01- PPI Three (3) Multi-RAE Plus Detectors @3,753 each ($11,259) AEL o.07RD-?"_I ?CM Thirteen (13) 0` kE 11 R I : ,u $1,051.00 each ($13,070.80) AEL No. Or A -r- I One (1) 1-1- vcz?ant) Ha Mat kit @ $2,219 each ($2,219) AEL No. 77-L '' , _ I One (1) Draeger ( I E . :valent) imultest $1,675 each ($1,675) Totl 'p1g0,471.80 C. TOTAL: 1c",.' .80 Appli; F rP - f Section Page Item # 20 u?;ie? -PJ 't -1 ¢NE-1-V4- Attachment number 1 Page 11 of 25 00. LI. L _.®,.I. ItlI o jffpr on .? , a leidi w- r,-ur agency's Off, -ii ,.P4j thr„shold. ,answer: 1000 Question: Please provide nt o your 6 ,, t ?recess for the items ii. in the b -et ,answer: r gJire t .i --n p' A, a `h- , ,.-3- pr°_m le .. tl. leC. p U J t h v requi a fini Question: In th( narrative ha;e ,I ir,. tluded t' ®°i -it List (AEL) # for e; ve item? (please e the ?. ase at t " ww.rkb.us/) Answer: pN 1_ _ ,-f Section #4 Page of Item # 20 ,'i E-t- - Attachment number 1 Page 12 of 25 i for Funding partmE of Lauer Enforr ?ment Law Er, art Terrorism Pr He d Security and Buffer or Program Q r rn.,+ Tents n ; direct .e T:, su. ` a -hs t- ccl r:, th lcial and ad. r` - irr -it tr U. I' Sri' Fin n1 f r i_ -: E ip ort the _,'vg it lud- ' i the Stag H ? -n,.! 1 r Fl_1 la. e Firs l Guide ncorporatE 3 by reference the provisions of the Office c` N no udg0 (OMB) circa -;_3 and government-wide common rul applicable to grants and co °r 3. The subgi.dnt recipient agrees to comply \,,,ith ll federal statutes, regulator -ii n-l es and requirements, including OMB Circulars, as ap _abl_: d oor i, `, r t '4 and Loy This Cir ' cl r --y and non F in tll r r h F ;i I r efines: "x,-2a ri T1 is Circular 1 4 in, s. r F 'e r ?- r i 0.r Cyr : Aar A-8" . „Cost Prin i,. _ I Sian -dit- is,Tif' 4 `.lisition i ti ns Systems, I 1, P t 31. _ d I _ 1 r1s part is to I,- used b commercial or it "-r1d Item # 20 -,1 r;5 Page 1 Attachment number 1 Page 13 of 25 Fu ndI I- it TI P r HDr elan ?u. _ d Buffer Zone F C iples a;l,J i,,,____jres for - st analysis and th, determination, negotial-, ?,,,,J s'I L _ .{ T - ft - in I I ' egulati+ (F F' 31), or other a, i r B ?! F1 r not 5 it r the A-133 r irpm n -ecords must 6 .II ` nd r n ?;_ I iK I .ati es of the F ass- t `DI r i P- u: (C..Q) lee organizat' ilnancial U _ IIUUCted by qL_. I II. j&ib wnu are organize':-,r y, and n_lly k +_3nt fr:)m those who aC!lor _e th_ expenditure of Federc' fur,- '3 to that there is r conflict of .. rest or appearance of con? ict of interest. The cost of auditing a non = ?deral entity tl h f=ederal awards expended of less than $000,000 per id is thereby ea a d under the r juirement may not charge such costs to their Federal ?.. ed http://www.wh,,,e:, ._.goviomt,'c,, I ndex.htmi.) Br i' L 11 ` 12: To - I .. n _ rit _ i -a - I, a[ iL. _ , I f_ - in _ri h, ad on P or basis as fC -Jul e brt Ll 10 quarterly. All reports. a. days 2'. Id of the f special it d upon c -:s,7 t r t F I I 'L )ns stall 2. L -5 JICs f I? it fl o tel _r$ C I c`It 4:- clc r All I -ind. or repayments marle - C ,, laO under lhiE z m?r?t rorle payable to the order of Florida Department of Law EI.I -; i ?. -end mailed to the Item # 20 Section 5 Page 2 Attachment number 1 Page 14 of 25 ant Law r it Terronsm P H Ir Ine Protection Program I ?$ i ,-_1 , F- gun racedure TP ink it ml tit }cal control and fund' accotinring prnr.?t° ? =proper tur Js spent d 'a nt funds and roguired no of ding i J by the r 'Ing to this agr rr ill r the 4cc u Y "0 its id f rr ted t t _ a additi.un, able, a ry to th and ci il? r Ding statute requi rT tt is nportant to n4 ' that are '.... )I under one may be specifically 1 of ?ed under another. A i I is .. M.Y?' itemz!, II „ . ., Y arge fror fi . al year to another, so it is important to verify al' th tandarc C `i ;ns spec',, i fiscal year funding. I i f 9 s' ccording to the c P i re List I ale tt it ?. x Tra a reimbursed according to lcca i "hrs. but not in excess of provi i 1 112.061, Florida Statutes. b y travel expenses shall be submitted according to provisions in Section 112 g1, P` h? 'I al I I I? for major substantive ct--- These Iii a I in b € s r fl, ong the to nt of t 0 g p _ c 'd the transfer is rr an apf ed bud C. T 3 of funds _ove the _m (10) percent m,axir _ , shall be made only if a wised budget is Item # 20 Attachment number 1 Page 15 of 25 Fund[ F t c. Law - - F men_ in any api of items it r ig Ca, :al Outlay or Expense c r < ff positior i the Salaries and F, Ai ategory.) Ur _ler n circumstanc ?s c funds increase the total budgeted award l r -its J' € to available to I . -I!,, request funds based 1 r -es disbursement rE - It t ae paid in a lump sure, bi r s' rsed over time as project costs ai it =oipdents should time their dr lc in requests to en ir 3 that F t ral i-c, _t for c' abursements tc ide it r sly 1'", I a d r at b f rt-ripi,nt:s mot= fn rfrq M fib , rr...nt :.'1 r ibC It "E s cat t>AuiC i in r- Fund rec ,:. jm su1,. _ -ipients create a continuing cash demand on awar t -as of the Mate. Idle fund_ in cl ? hands of subrecipients will impair the goals of soul ,ash m -I - ent. All recipients must rocedures for the disbursement of funds to ensu 3 FE r h on hand is kept at n ., - the sul d ant recipient waCl not 1 r J a n ik - i e --1ur: ai:a _ caL-, the o `,..e i it nt. Such cai include ut a not lir enemy, a, :t :F!? I I it i eiti r i sovereign or contr .tU,-11 -nics, qu; 3. fr€ I-argoes, and ur .-isi, in s ' ie ° Il J,.: r ,J ontrol and Wit l(,L't r,_ i , M i Ord,., Ma It i c cor E r 10 if s t - h C- _r ct! em, C# a. S! or services to be furnished by the consultant' were obtainable from other sources, b. T e € * -rdered the subgrant recipient in writing to procure such supplies or services from othe i c. The i _rJer. ?- - ? L tent of such I a. , .l n_r more diJ Item # 20 Fae Attachment number 1 Page 16 of 25 If ' a'sF I the r 'L E `Drcement La L,' - -neat Terrorism. F- .omeland Security and Buffer Zone F Program 1r -ior to the r r to of funds of it er an t-ISs I a ...., .?, tb v .'r it irre E l bgr< it 'ie if n- p [ii 1 . r e- T1 intia of def. ilt, no - , 1„ Vin of any p D. , J ' I. t Jy tt st -L.I i t e subgrant rr J L's ,n I . ' suppliers, t ,;Ii, th nt D- :a S?- it deems appd,ipr z, ir'uIr.jm, - ,olding paym6i,o and termir: r or srs- C the agreement I whole, or in .-a L In such an event, the D-;-1- i i t will r., , _i e $U g r lint of its decisio n thirty (00) days in advance of the effective date r such sanL-.on The subgrant ret iF t - be paid only for those services satisfactorily performed prior to the date of such sanu -. All refun?'s FE nents to I ; r .. the Department under t 's ,' c rnent are to be made payable to thi- Fi;,Nda Depart - of -rforcernent am . to the department a the follov", 'Ij U is ent t 13. A- nt of L r e U& nt r l' IF E F orc -"_ d irT to Ik )f . ?,.• '.,.l .E L;J ... lapLe, i _ dl ! J t:: t.Jl.. 1 iVU6 LJ..y. Me s _-)nrr____. in cW; ..n this a 14. a ul i t r mipients arl It that e p d r 0.000 or r in federal a.. j,-', - have a q. rrM1 ar;dit cor.du, ,)r thag r r r -,Ait must be performE ! n accordai i f-( al Circular A-13 an 1 other a, ; i rl `iw, The Item # 20 ,Section 45 Page 5 Attachment number 1 Page 17 of 25 for undi tr. r= 01 L Law E °. errors r f I - rung -r F nyr Fi- I f ?'.. aria f .. f ?' s w I I. C _P ar: , , t,> ter . C ?d . b, and I :i I wer any portion of the effectiv r this agreement roust be subn I ithin 30 da -3 -irk,L a-npl'etion, but no later than nine r.. nths after rye audit period. In b- complete, the ?-ort roust include an- mai it letters separately and n it's written re findings, both a r d roan a letter findings. In( a it reports will r ` be accepted by the I =nt al ' ill be return J. c_E s a-: i depenc"er. -u'- L: --it (IPA) T,_ I , r u Li Public d. 7. Tt rnadE d; ', [ a` during Ir ?r g. If d rnuw s that audit working papers are to the i on request fc r a period or three (3) years from the rt is issued, unies e) d in writing by the Department. andlor Implem, r ; t,,gencies that upend less than 00,000 it f'_ ,°era! awards e ( a ipt from tl : jdit require r nts of h Circular '.-1 fi scal year. to C pertinent by t( t I. in,)r I uuUe must be proviu Lu ilia L It [10 mel I I e right to i - c nl h 15. TI t I main all records aI do mining. free (3) yea from tl' I be ar d ipon :)f d jr d, LLr e ircwar: _i iu o 2, is Item # 20 section, F 6 Attachment number 1 Page 18 of 25 1 , t i _ ----tmentC. t Law E... rcemor a _niStat Hornelan tffer o e n ail . P T d_ runty P-Ir iring Its -Al r intain and .! (shed to it by the r 4eement accor( _ lent st; r tl U.S. C _ )meland SecuL[l 4 ' i 3 r ':; _3 fi U A-11 or A-1l s . This o ligatiol , „ it-- as a„ ?ipl r,,; „v I;,operty, notwith-"'a -C,)n of this agreemn ill make its decision ,. . r A - Iinr, rn r -rtes, i r rg under this agreer r all cone Tl r ' must proceed dillger ., , ,nce o it a D ,n. If n :Ipient iting to the, I I '0 3r 4 .'. rye e I W- = oeclsk 1 I I a II. v, and -, FI ? - „ 5 a v 1,-ocee ings a al ?r r t? 19, Coy Conf r held Pt of any party to this agreement. At any time, re , fives f t U t -id/or the U.S. Department f Homeland Security have the pi ,, i- prof ;t i monitor, inspect and 3._ 'ork perforrr y I idility foi th c l -t or in fC 1 T must mn,?. t l?rri Ie sche L t. TI r I i, Is for n- :1 1Y sI is. DI c( I I air I pi I, f ,e , TE: T' IC I a n 5.) 1 nis n it was I - rl 1 under a from FEMA'v nt Programs Dir C U.S. Depar of Homela..-' :y. Points ( or opinions o.. ,. La in this doou Ill L.. -ose of the a I do not noc ?present official position of t,olicies of FE A _ i'rograrns Oir ie L.. .CAE: of H,- -ii : ecurity, , 1. -()j k Pr( Din U.S. Uepartn- of Hor -ided Ynt must t -,ply with a 1 ci 1 ?; ,^II F ji re - I ° I c ar k? er go r s I { I in (TI II), udlic rr d tl iications (Title IV). c Title II of the Americans ? i Disabil t ar C I meat Item # 20 Stir #) , 7 Attachment number 1 Page 19 of 25 I_-ndk _ i,ce E" mt of L? Er ?ment La iment Terrorism Pr_ -01 '- H Dr eland Security and Buffer Zone : n Program - -lation 28 CE - Part Part 35; and Title I of Education Amer ,.-,,ents of 1072 and Di t c "Justice Regulation 2 5 CFR Part 54.) 2 r I' r r w is tion.. ow. i' r I u sultant --ss of C sy TWO 6-u 61 it on ppr f I per 'i r c to pay under this it i s C t jpon an -y th ,uo 25. I c ;i TI - - Int rs ient gi l s "i Section 399 of F,L, 01-1? ' )r., i in "New Restrictions on o ;: In,u i,n Fit) at , , i 'in 4;-ie February 5, 1990, F€ I - ister. Each person must file the mr t rrent edition of this Certification anc' r ` e Forn , if applicable, with each submission that i °anoy consideration of such pers( contract, grant, o r cooperative agrees, iL, 1,000 or more; or federal loan of ... 1 or . <i,, - This I i )n is a materi 1 3tion of fact upon „ich r- placed s al r- de. Sul r c r, I n o st i ) Is and quired cer a ; t I t' I $10,0 1 . of itch failur to file. T , hl z himcr ref ,mr L n,nuvia r , anH halizf, i a. ft f r r of .: b. It at t f ":e inf l a ;:I r r W I _ a d subrr it `1, L C. I l mill requi u - a, uf, 3 oertific; and Dint nen¢s for all it '3 at all tiers and th st I grant recipiei .? i id 1 e at _ - --, - _ i; 1 - 1_- rad herein, the expenditure of funds for the 1;, of lobbying the E t_o _ 3 prohibited under this contract. Item # 20 Section 5 Page 8 Attachment number 1 Page 20 of 25 i, fc - u! n w n Flo.°i i Dep irtment of Law Enfc. ament Law En" rcement Terrorism Prevention/State Homeland Security and Buffer Zone Protection Program 27. . of _„ . ?ctivitl s Limitations Th subgrantee assures that -_ reply with provisions of federal law which limit certain political I v, activities of State or local government employees whose principal employment is in connection with an activity financed in whole or part by federal grants (5 USC 1501, et seq.) 28, Fair Labor Standards The subgrantee assures that it will comply with the minimum wage and maximum hour's provisions of the Federal Fair 1 bor Sfa 'it ',,Act. 29. Environment: .°s, y' (EPA) List of Violating Facilities The subgranteE r 3sures "iat the facilities under its ownership, lease or supervision which will be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used is under consideration for listing by the EPA. 30. Flood isa tLr . a_ion Act The subgrantee v 11 comply with Section 102(x) of the Flood Disaster Protection Act of 1973, Pi _' .:. Law 93-234, 87 t at. 975, requiring that the purchase of flood insurance in communities where st :h insurance is t le as a condition of the receipt of any federal financial assistance for construction or acquisition f oyu? ;br use in any area that has been identified as an area having special flood hazards. 31. National historic Preservation Act The subgrantee will assist the Department in its compliance with Section 100 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Carder 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by a. consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Florida Department of Law Enforcement of the existence of any such properties and by b. co-, - with all requirements established by the Federal grantor agency to avoid or mitigate adve ,e ,ts upon such properties. 32. Th( - " , The ?. -c -71 _ -i -L'--e the compliance of all contractors with the provisions of the Coas -il ";arr r R,- ) -ces " , (P.L. 97-348) dated October 19, 1982 (16 t1SC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 33. National Environmental Policy Act (NEP ) a. The subrecipient shall comply with all applicable Federal, State, local environment and historical preservation (EHP) requirements and shall provide information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Failure of the subrecipient to meet Federal, State and local EHP requirements and obtain applicable permits m ;,y j ardize Federal funding. Subrecipients shall not undertake any project having the potential to imp_,t resources without the prior approval of FEMA, including but not limited to communication towe - physical security enhancements, new construction and modification to buildings that are 50 years told or greater. Subrecipients must comply with all conditions placed on the proje t as a result of the EHP review. Any change to the approved p _. ct scope of work will require re-:valuation for compliance with EHP requirements. If ground . "rg activities occur during . nplementation, the subrecipient must ensure monitoring of g] rL 7d disturbance and if any potenti I archeological resources are discovered, the subrecipient will immediately cease construction in that area and notify EMR and the appropriate State Historical Item # 20 Section 5 Page 9 Attachment number 1 Page 21 of 25 rr Lave T r - A o r. F. P _;i.-nrnental a1 nated who au" , ,1 r t regi, _ pproved a??l i _ The prior r r t ai t sign or rr rnents to the Sole bource and the ADP Jug i rDrms. The Project Dir nuthor_; , ubmit Eaquests for approval of specific travel, Finz.,,cl id Performance R h e exce on of the I out Package, which also requires the ? ature by the Chief F r the ubgrant R or authorized designee. )f r i g I rr n of the project, in the ant tt, p n a ii h ?f I e OfFicen II aiementing ,agency, Pry :r r c arson, e 11 nt rnuE H 1"IM iY with documentation to i?iuli i•- dl I, i t sl nc _ e z3. 37. T grit agrees that f l °_i r, ti yard will I used t Applernent, but not supplant, sj )r I'n I n d t i :hided in any f° ill T-1 (,-1--e i t ' In C _ I 9 d',. 1 V U 1'. - 1 ? a , tf i ;i jer,2-_ nor, , ??ierai ,'cs. cc'- ,3ipt or I. is. A or vy _.ia atire._ _I u II n_ __ J _u,_ 1 - I q .l s. r i - _ it ur r t' -ectiv u n. F -I i id es ' fro dui n c r u _...1 ` eq? ii it ai d re c i r action consec : r m,- UJP's r r categorical Item # 20 Section 91i H 10 Attachment number 1 Page 22 of 25 Law E;., s 'r" n -i ne I I' T Pnrt R , is neither a phas _ n it - awed in its -r not me( a for a categoii °< _sion, Non the 1 r u ,! III be condu( ier under tni 1 a related thlrc' Lion: . New :°? Any r l ly i 'r l i a )n the National 3, A I 4. F -n n e ivironment, a'n of a or )r m I e use of the ni 40, Aul j e t ' T,l it, goods, id i -Bible equipment") urchased with funds provided under th 'jr the i ' i "Plori C') S p'm r - y'. li m ht p s fllrl,(`IC ill g? t€i f i I I no r ?. tE t shall a 'n si rgency e r r 1 er" i IrJ In ; - IP) in < ? of the pu m T" sElhl ?)Ont will, in accordance with the st-,,;, ? mutupl aid agreement or other am ?--y u as specified in the ", orida borne; i?, Securlt" >trategy," ensure that all . ant p! ;e fui t r ;and any and all i if it r liom n al a - e- I E -nt th : t hcic T a'' to F-ut_ T a }-Ar in. n„ y has t 3n I I )ie I t immedia` y if ;he equipment is destroyed, lost, or The sllh 'if it shall not transfer, rent, sell, lease, `iE 1ate. donate, mortgage" encumber or otherwise dlspo_ Eligible equipment without the pt or :)nsent of the F I< . 41 e t c _ I tla „F C or u lent - n quired to s j (-t st.,- complianc- I „ exec c )py the I'u.Jt_1 must t: s nitfed alor _i i h tl' aplication for funding to the Cher In it and nil I:: available to the Department of Homeland Security upon request. 4Z Finds P shall n of cas r, r t of any r it r p w ba i r. 'i n e Item # 20 Attachment number 1 Page 23 of 25 Fl n- "Drcement Law Er -cemen t T£ arism Pr on/ state He i ecurity and Buffer Zone Protection Program 43. c f erst l" n -f1 and other c i h agency funded sh - ( r° re' i re re !r th nas a 7 a =ncy profec ;I )r employees of Mate or loci iovernment and tal recipientfsr - Tall avoid any action that mignt r iii in or create the of: Using his or h gain, • Giving preferentia'treatmient 'a w.ny k_-i , to ind . ice or impartiality; an official decision outside official channels: or ffe_ n (ersely the cr.nf: . ; f Vie public in the integr..y of the goverr c:: ! e program. For e -n- are a reci ie -g ft nds makes sub--- - ds un6 r < - process and a . -ri of or an c ` : conflict of intere t1 r a:5: the actua n fl` should recur him 'f or herself n i reviewing th _ for :. ` tl- i .. but also from the evaluation of all ca r of u .'of i gay "retinal, civil, or -.realties. 44 Tl t rnaintpi~iance agree ,iii :,)r the period o ers the gr )ortic Df the conti- t d the grant l t be cf r ample, t c -r it d, tensions) c iii`'_ '_" d coverage i r air, tern . _ --rranty, are -' f the aj pa,n_ in it it in nE it pri it inclc. u ay ar, tD make it. 46. a ., tear. t ni in -ich a manner th ; ',?rovidps, to the r - cal, op eti( on. Hr should s ei"=ct to ''ithout com -l so! cc justifica°iog may be necessai J ti-'n must be provided non-competitive l: i urement on the forms provided and should incluc Item # 20 n Pge 12 Attachment number 1 Page 24 of 25 Item # 20 Section 5 Page 1 r* on itu s t f y. Signature: I -' - 7"d Title: r l.__I C. - 1 _ _r ,.ire. T Name and ?Itle: Frank V -lib bar?'? y "la\"Ior A. 1 Name ar G' 'K t Cat E Police Date: n Refy '--F-63 Item # 20 'F Page 1 of 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:7/16/2009 Approve an increase and one-year extension to existing contract (purchase order) to Water Specialists Technologies LLC, of Sanford, FL in the amount of $435,659.70, for a total contract value of $780,509.70 for the copper precipitant TR-50, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater owns and operates three (3) Advanced Wastewater Treatment Facilities and must comply with regulatory requirements as set forth in the operating permits issued through the Florida Department of Environmental Protection (FDEP). TR- 50 is a copper precipitant that is used to maintain permit compliance for copper removal limitations in effluent discharged into receiving surface waters. The FDEP permitted effluent limit is 3.7 parts per billion and this product effectively reduces effluent copper to maintain permit compliance. The City of Clearwater Public Utilities Department solicited bids for a 3-year contract with Request For Proposal (RFP 15- 07). Water Specialists Technologies was the lowest bid at $0.55 per pound. The vendor has offered to extend the current contract one additional year, at the current bid price, through April 30, 2011. Blanket purchase order BR503870 was issued to Water Specialist Technologies, LLC under this contract in 2007 for $344,850.00. An additional $435,659.70 is required to continue to purchase TR-50 through April 30, 2011, based upon current chemical dosage rates. Concurrently, in an effort to reduce costs, WPC is exploring alternative technologies for the precipitation of copper and/or phosphorus and shall continue to do so until the end of the contract period, or until more cost effective methods can be successfully tested. Sufficient budget is available in the Water & Sewer Utility Fund operating cost center 0421-01351-551000-535-000-0000, WPC Operations, to fund FY2008/09 in the amount of $43,461.30 and is planned in the budget request to be brought forward for FY2009/10 in the amount of $248,528.50 and for FY2010/11 in the amount of $143,669.90. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: 43,461.30 For Fiscal Year: 08/09 to 10/11 Budget Adjustment: None Annual Operating Cost: Total Cost: 780,509.70 Appropriation Code 0421-01351-551000-535-000- 0000 0421-01351-551000-535-000- 0000 0421-01351-551000-535-000- 0000 Amount Appropriation Comment 43,461.30 FY 08/09 248,528.50 FY 09/10 143,669.90 FY 10/11 Cover Memo Item # 21 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Yes Bid Number: Bid Exceptions: RFP 15-07 None Cover Memo Item # 21 Attachment number 1 Page 1 of 4 H J V) °o Q D ED U °o O U U) >- W m Z J za C) 00 - ?Q o O W w o c9 Q ? ? Q M z W o Z w m W U w Cy W z Y O V O H ° 2 Q 0 M Q N V U ? Q ? Cl) H N C) Q U LO rn U) z 0 w O co LL Q W H U ? z W 0 ? O z U O m o o w LL H M U Cl) H J fA °o CO - Q BUD a0 Z -J ° Q cl 0 Q3o z< a 0o O CO Q w i W OJT o -_ LL Q U WZw LO LLB ? Q 2 w V L m J u? o O l3d 0 0 Q Q N Q Z Co O CO U 0 H O C) N N Z O N N P- LO C\j wa N CO W a ? o o ? \ L ?O ? 00 N oc z w? ?o N C6 O az < ) z w o LO W w? a : wa 11 O U - CO 0 w a ?W°o w m Op0W wwa co o a m 0 aQOW w O Uwwz a? ww Il0 Q O NCB v Q OWOCn U M J W J cn w w w > ? CoComw W a? ? O9aooa a o c n mmzz Q E O H I ?mmm ~ Item #21 Attachment number 1 Page 2 of 4 Item # 21 Attachment number 1 Page 3 of 4 Item # 21 Attachment number 1 Page 4 of 4 Item # 21 Attachment number 2 Page 1 of 1 Information to Increase and Extend BR503870 for TR-50 Copper Precipitant Projected Usages: Gallons Pounds NE per Day 30 281 MS per Day 50 469 East per Day 40 375 Usage Subtotal 120 1125 Add 10% Cushion 12 113 Totals per Day 132 1238 Projected Costs: Original value of BPO 7/17/09 BPO projected balance Cost per pound Cost per day Beginning of increase period End of increase period Projected increase amount for 7/17/09 to 4/30/11 New total value of BPO Fiscal Year Cost Table for the Added Funds: FY 2008/09 7/17/2009 to 10/1/2009 FY 2009/10 10/1/2009 to 10/1/2010 FY 2010/11 10/1/2010 to 4/30/2011 Deduct BPO Projected Balance Total increase amount New total value of BPO $344,850.00 $8,287.10 $0.55 $680.90 7/17/09 4/30/11 $435,659.70 $780,509.70 Days Cost per FY 76 $51,748.40 365 $248,528.50 211 $143,669.90 -$8,287.10 $435,659.70 $780,509.70 Item # 21 Attachment number 3 Page 1 of 1 From: Gion [gion@waterspecialists.biz] Sent: Tuesday, April 14, 2009 10:14 AM To: Johnson, Alison Subject: Water Specialists to extend BR503870 price an extra year Alison: In confirmation of our phone conversation today regarding the extension of your subject blanket order, Water Specialists Technologies LLC is pleased to extend the current pricing of $0.55/1b, FOB Ship Point, for our TR-50 Precipitant from 1-May-2010 to 30-April-2011. Please call me with any questions or if more information is required. Dick Gion Water Specialists Technologies LLC gionA_waterspecialists.biz Ph: 407-321-7910 Fax: 407-321-3098 Item # 21 ?- Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a Blanket Public Utilities Easement to encumber all of the upland lying and being situated within a portion of Government Lot 4 in the Northeast quarter of Section 16, Township 29 South, Range 16 East, as conveyed by Clearwater Christian College Private School, Inc., a Florida not for profit corporation, given in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) SUMMARY: Clearwater Christian College ("Grantor") is considered a large user of irrigation water within its campus. The college currently utilizes potable water to irrigate its campus through two existing lawn meters located on school property. Proposed development of approximately six additional acres of athletic fields will greatly increase water demand at the campus. The subject easement grants the City authority to construct reclaimed water service lines into the campus to provide connection with the school's present and future irrigation system. As a new reclaimed water customer, the Grantor will help the City meet the potable water offset and service connection percentages required by the Southwest Florida Water Management District Cooperative Funding Agreement. The easement conveyance also documents authority for the City to lawfully maintain and replace as necessary all of its potable water, sanitary sewer, gas and stormwater facilities within the property boundaries in accordance with the Clearwater Code of Ordinances. Review Approval: 1) Clerk Cover Memo Item # 22 Attachment number 1 Page 1 of 5 t?+, R L: 1" l II. '.(1' ij; 1''-) Ir. , 1.>irr F BLANKLT PUBLIC UTUTILS LASLMBNt jq' I1'st lydD 11U C0NSIDERAiIC3N Iit bald, I CLEARWAFER CHRISTIAN GLLLGF PRIVATE SCHOOL, INC' . a Florida not-for-profit corl t--,ltlon 34911 Gulf to Flay Boulevard, Clear'wate. . FI. 7 59 1 14 lhr CITY GI EARUVATER, FLORIDA, a F1aFrda P' 1 11,1,: >I 1 [I+;': i,' 1 -1 ? the following described larl(,° I, II i 3I is A tens-foot f10] utilities casE rner?t Inci five feet i,5'1c'ach Side of all ubhic utiilties, incluclincL am at ( I all '`f ?cilities 1 h{rt a ] urtenant i h dIants, valves and all other If-l Ited infr rstr rrc-tore {colfectlve y, the 17-xclUding all facilities that may lie= wider buildings or within five feet t5'} Of buildings, ?s sur.l? fa161itfc s nrc' now constructed and existirLcl, or as bray b constructed or reconstructed hereafter withff7 and a )ors that Cent invrc al I?rot?erty s depicted in EXHIBIT "A• ppeiided hereto, anci Imeinq I particularly desclliho(l as follows: ALL.. UPLAND lying within that (--ertain parcel of lance described as beginning at the NE corner of Government Lot 4 in the NE1/4 of Section 16, Township 29 'ail Range 16 East, Pillwilos Cw my„. Florida; run thence South 558.44 feet,, thence West 300.00 feet, thence South 41°29' West, 45131 feet, thence South 82"38' West, 382.52 feet; thence North 2263.78 feet-, thence East 900.02 feet to the East line of said NEI/4, thence, South 1322.53 feet to the Point of Beginning, LESS Bostruni Road and that part of Govowt?)erlt Lott lying in Section 15, Township 2 South, Range 16 Fast, Pinellas County,. Flol bier. Zlr. CITY OF CLLAR_WATFR. FLORIDA. .1.;1 v tllcr gl,r lr l:_;1 l ll r' 1,, , ??.]? _.I. If r -311 ,? ?'I .• ...`f 1.:l it l?'.I! i`, '1?i i? ll„_{ ?1? i J`d'. 1'511 II i ,111 ,.111 Ifli _ .'.li _Ii I, ,'I , 11: 11 ,• '.Ir:l eC1,, qr %r II I'.( I'.. , ll f'I L'n `r4.J '.Irl'F 11.1 1',il'?r ?I:JI '?. Ili Jl 'I '.?.1?1 ?(': 41 _ lit I'+1r lal i 1 I( Ill{ r _. 1 ' ? , t I..'..I I •,., ?il ? 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'?t s9?,"1fr Vic:, t? n fll 1 ll il?fllr, Grantor ii :end a , 9l :si , - rid BII dlrl"; 111 IUib ? 1f ri 'I}'s, lli In l rlI ill E'I , 1%11.1 1I ; 1_r;1`, Item # 22 1 I 1 1 1' i `] 1?, t'1Il*tl?'11'?'? t'r LI 1 (01 131 1??? t 111 ? I ',? ,•; I Attachment number 1 Page 2 of 5 IN IAN SS VVli'FRECF, 4 , r _! thee, to be r +, w 'I \?` 1' rI t y .1.? ? iGv Print Witness Isar STATE OF F IA OF IDA COUNTY F PAELLA L ARWATFF CHRI'SMAN COLLEGE PF,v: '\ r SCHOOL, IN C. 7!-i l r fJ ' l i r.? r, r` f R _:v Ckr°ir`tyA,a§P,l 1,- ! f? ? .. 0 h `, . f?...,r f -..-III .._'.. I+-. '.I I:, ..I tI „ r the c ?r Item # 22 Attachment number 1 Page 3 of 5 ',:T AN 0 ?f hlE' 1-1'1! '1?', :ll'l', ?i ?'?'''. I, l k' F11"I ?,I li... ?'. ,...?i'i ?` ?l '•11111?,'ll 1111 ;?'? ?,I ?9'l. ?'-?` ?t'11 ?i'I, }'i ll, ['E' ?,? 1fl'1? 1 1 11 1ld'•. ill 11 k l? I Ill f ,,ley s't'ill+'111. ?RSt{ ,ll ? I?t'<<,'?t'•? !l U'I w 1 I11C11 I 1111 4? 'hJ E ?I1,f11 c d 11'? 111'E?IE' Tul,? . [11, i• ?11 .I, ?I 1'11'. ??lll1 The 1 a ,I I' ,11', l -F1, r1 IIII I `,110 r'?I',. ?i?, 1.,?1?:,? 11 11` „'1•,'111 itl 1 111 1•.t°'4 "?]?.1?,I? l :I?',f11 ?.iS t'i`%t'I 1' (-l.?l';? '? Id I Ji',.l .•i i 1'??'II it ;Il'I •?.l 1.. ?.E11 I??.li 1. '.f,, I r• i1 1 ji 1 ? 1 1 1 I lll?li ll'. ?1 { ? 1f?11?' I i ? [?, `t l1ll? f I ? 11G I ? I?fl ? Itl"V'? I+ l', ? B?'!'`.lt'?,111C11?1 ? It s -?°1111 I'1l 1!' X11 1 < c ,1.1111111 I"I.N1 C I =1_ C T)t 'NI) 1 1)t,CATV)N \T. Two 1? E,r1 .E FACTI 111i ? AU I I IOPI F), ti, ''v11) fT, - FiIt Ie: C}1,1rr111111-1 P ! NFL' 1-1 A"1`TCl" 1 r ,1_? ti?=N?T.1,TT[ l1 SII(i tis E 1() fl u 't 1 3v ........... . I,. I?tIn1 11, Ir11?' ??11?? Item # 22 Attachment number 1 Page 4 of 5 STAI E OF FLORIDA. COUNTY OF Fll'"'JELAJ%c: SS Th- f?? ??,Di[l,;in ?_jr ?? -t %va ?I ?1 before me th+L7 ? c 2049 1;:y Ps of the PINEI L,',) `' ! J`47 1 F IDI CA I N L F,-L[-'TIES J'.jT1+1 =,?;IT t' t>_ i t u for? instrument by on b h jlt ct ?;ai l authority and fl-;iJ?? tf . ti:r h r t 1 I h f } e act and deed for th S-- and pur o?-,-,?-" therein e = E'r-s ed'. and } v "h) i, P r l k t n to r L or [ ] who provided Nc,tary Pubf?c - State ar` FIB-;rite Typt ;!Pant Name STATE OF FLORIDA : SS COUNTY OF DUVAL The foregoing it strut <<:?'It u4is =1_ I nCvv' J :1e k_ furC, r«e ti is 2 `" day of May g by ristina G. ?hrc:1 ? k; as Bice Pfesi f nt of the U.S. Fanf; :+tic•r;af Assoc ja icn. who executed tii_ fjr?goin; instFum nt by and on behalf of said aorporaticn, air{ vA a h.r1 :,,,I _{iLa d tote exec tj(thereof to be h_ free apt ind deed for the asses and purpo?c e tl7ei sir, eY )r,,?sed, any; [ l who is personally noon to me, or [ ] who provi_,{, _.W Notary , ?iia -- state of FIL)Jda Sarah Fanh,-7rr Type/Pi- tnl Name M Commission Expires. Item # 22 Attachment number 1 Page 5 of 5 S 1' ...,y _ I-.._ ?, .._..... s ell t ? 4? _ ? ? f Ff ?' ti, I ?.E I4? 1?/I?1.-f• ff ?.. 1111 ,Y '` F Y * v 1 ?}Y ?s 'I rl x Item # 22;, . , y Attachment number 2 f':?cc ^. of ^. ¢ SAN BERNADINO ST > w ¢ SAN BERNADINO ST o z ° SAN MATEOST g SAN MATEO ST MERRILL AVE THOMAS RD WOLFE RD HOYT AVE I Cooper's BORDEAUX LN Bayou Z CHAMBLEE LN ¢ U DREW ST _ BAY LN BAY LN FEATHERWOOD CT MACDONALD DR 0 o; 0 0 PROJE SITE CT w 'RY LN j m JOHNS PKWY g o x m i DOWNING ST PBELL CSWY COURTNEYCAM GULF-TO-BAY BLVD m u, 0 m m z Old Tampa Bay 0 Clearwater CLEARWATER CHRISTIAN COLLEGE: N BLANKET UTILITIES EASEMENT W E Prepared by: Engineering Department Geographic Technology Division S 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (7www27)562-4750, Fax: 26-4755 . learwaterer.co com Map Gen By: SF Reviewed By: EB Date: 6-4-2009 Grid #: 292B e S-T-R: 16-29s-16e m # 22 Scale: 1"=800' SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date:7/16/2009 Approve Settlement between the Florida Department of Environmental Protection (FDEP) and the City of Clearwater as outlined in the June 4, 2009 correspondance and authorize thea appropriate officials to execute same. (consent) SUMMARY: In a letter dated August 6, 2008, the Florida Department of Environmental Protection (FDEP) notified the city of numerous storage tank compliance violations resulting in a proposed penalty of $170,850 (plus $6,000 in FDEP expenses). The city has thirteen registered storage tank facilities, twelve of which were out of compliance. The letter stated that the FDEP had been working with the City's Environmental Programs Coordinator for seven years in an attempt to bring these facilities into compliance. Investigation into the violations indicated that the Environmental Programs Coordinator had controlled all correspondence from the FDEP on said violations thus not alerting any other city staff of the problems. When confronted with the FDEP violations and fine, the Environmental Programs Coordinator voluntarily resigned her position with the City rather than face disciplinary action. Since that time, the City's Environmental Department has met with the FDEP to resolve as many of the aged violations as possible. As some dated as far back as 2000, and were documentation related, many were difficult to resolve. Through these efforts, current City staff has been successful in reducing the fine by $74,770 for a new total of $96,080 (plus $6,000 in FDEP expenses). In addition, all registered City storage tank facilities were inspected by the agency in May of this year and were found to be in compliance. The city has three options to resolve this matter 1) Pay the fine, 2) a Pollution Prevention Project chosen from a list compiled by the FDEP at the same cost as the fine amount or 3) an In Kind Project chosen by the City at a minimum cost of 1.5 times the fine amount. City staff is working with the FDEP to determine if a Pollution Prevention Project or an In Kind Project would be of more benefit to the City. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) Clerk Other None Budget Adjustment: Annual Operating Cost: Total Cost: to None Cover Memo Item # 23 Attachment number 1 Page 1 of 7 Received ?•a .rte F1or ld-d partnicnt of ,SUN, 08 %'l1Qg nv4.1"onI` ient?fl Prof ut ion City ftorr)oy Jt#ne tG -4,11 t C `FI I fED MA IT 0 00 02 719 To Council 1t P'?j la.t {_1 ? 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IJic I?Cp"1'tm;nt to +itLkc vst.'11'C"jICCt t(T 1hC ( +.)11`;t'1'Ii, ( 3iclca. p:Mloll is tilcll, Ow tidl llttli?al'? t ? L: 11L?lrialtj" Ltiot9 11,1 h iltt?r tilt holn t}11 1j, "It1t}l, 1.11 cif it aetlr?1's. lrcnr??lr9? !','- 1hL i)t}?-11tn?c9lt'? ,tin 1? ,1 ?;I,Il .???1{, c ?'ti},?,t?lllti'?G] 1?1tL c,t4 t ?111?? ?'it?ci??tl?4 _?17G t1t??,1L?n?,l tale rl! tllt, '`J,r11?+? el [??C]11111111L"?i .i'1t}11L:'?I'lli3 tt'h fl ? t;l:?t)?CCI, ?'i]115C111 l-)tCEL;1 ?lal?' t;lL Ili`,}l1 till }iC{;jl++ll tl1 }lCl:illdl?' << 1?1If?,"i ??_l J7+J;'? ?9a11 })C tI}1'[1 t(1 tl1C }till+?t'?'(111i1`,_ }SC o7L,tTIIOIl MIN. +'('sIl{?„111 tit t19C il'i111lii:I11L'lilti It1 Ci'C'I1'l`fll 1'+i1?1111 ?.{'?1 lit iL'L?'111t 1111111!St}11?c' 111 tic` t+}f1CC +tit L_rGl1t'i1Ll ( t?l1ll;C? i !lEt` 1?1??1,C t lt }L 11 ) 1 1 1 L1 } '111IiI1'tll pctItIi'II V,ItIII t}n ttlttlll'[1 191i' IS1iItC oI Il?11I?'>; , 1S `.LI } ) E 41(1 it`;5 ri} 1 1??, ?kJ ~'rt?i :wilt 1:x;3 ? . I l?.t1?11,1 ??1 .111' 9l ?11i ;?tcl1 ,? I?1 l t:9'. t19 r?x?l ? ;l 1?clt,ti,, t1E-IliLr ??c{ll?n l StLtttltc-,. 11I1L1 tll 1J?tltk?Lll},9fL l9r l9 (3atf 1+. ' t}'lip lliClLl'Cr?911i' 111'r till}1`',l?l? fi'17{ ',mTL'I1L'WI,'f7tY,"111 Offl , ?1 l" tilt the tk{1}71"(sV"111 f?? 111C 7I'?; ?1111.'?,+." tli-'t-'1 tTl )il. rwlI',lll tIlc }R,1 ?W to Rule 71.11;'10+ .'.1'15? ti}1'11-'. ''tC111111k9itillt9iC ("t1i?t:.. ' ',',11t11.1' ti i} tt tl Ilabl 111 thins, }?1"Lr-'c' "V'?L';t1 t I,Il k I I I Li tlillt 120.5 7 3 , F1 r l i 1 . `; Item # 23 Attachment number 1 Page 6 of 7 F ri-lda Department of Enviroiiniental Protection TJN1-1l`) f, 1TI 7V7 X1'00 50331 1385 Mayor Fr,lnk, f 10+irfl Office of tiic 14avol. City ;f Cf (,„'i sre; Post Office Box 4" T Cle?ow,itc[, Ft 33755_,.1,`48 Subject: City of Clearwater Multiple turage °Tank VaciIities Clearwater, Pinellas Cotinty, Florida DtLrir Mayor Hihh, u& The ,`5tora-c 7'ank Section of the Dcpartment of Envirclnim ud Protcetion's Sc)utllrvfft Di,,,trict (DoIiartmcnt;i h?4y bCCTI V,'( skill ' % 01 ?vur Frig imwn xntai Pra, gni ms ,4ritnini irtltol f,_,I thv past s "Vel) VC'N" TT) al) cifort (ll T-Osoly, nU llcrotli ,stllmgc tank ctJ113ph:incz2 11[1]i1iions at fi-to (-)tv o lcl-a-Nvatc ? C `0t 1 facilities. These cTtimpiiar cc efforts ha,.,L btxn complicated TS addi(Jullal Violation" ilaivc contiTrned k, l)(? drlcltnlr;T](I'ti h? til?° l?'in?11,1s ?'cIt]niti? 'ltcwith fle??ia_tntel,i' i[_,OttJJt CXJ),iIlijml- the Icl'cr;als for cI11noxcrnent, 'nC' (v l)'u'te,+c.Fi facilities t`ttl] ?C _ti1??1tt'll it 7r?: r ttlll0UI'iCL'?1I1Vt T3ili''r r ferT,r,ti lif flit- f o z-Anus for crf llv(r,Ir)cllt ?iri v Jill-te of 2(11)0 A srlcad hcct oullillit);r Ulc Intl 01l , t (LII ti t,f 1'efCrlal i ,i(tacf][°.1 foI ?'OUL Tve icvv. .1I s t-nc'. td fot }oit t SG1 rt T t: t [-}11-t>110 101?,7\ and a plet a'rY t OMFutatlon 0r C11I 1) 1) 1 1htti, rcfcT1Ccl faciIitics. € h?hc ??rrf??: ??f tie i ?i<ticSlIS ciicci ?T' '}lc ity':s I«cilitiL° i1J(]"t tl'ol,ihli;]E, fl)l tll I_?ti ttrizlit is the {='i_tz;'s lack of : tII]1}'i:,llcc +.?i.11 file 1r lea t`. de'et„tion tt-nll,lIions, P]e, T't; ?Tllatl[?15 ??l'IC Ulu 1I1It? i1aeC. tO J)'Otc'ct (IJC .?r,tth alf ti ., fisal?d:I`? ti+-]Ii and - I?talr]d,.Ttel <Inc tlsc+ prott?ct the C_'Ay, tl;c ???1]tcr, htiIiITTS(?nf Tt? e?l?.?irrlnr7a=t_t?il 7?1 711F?iA, ?1$U tlC}11h?Til?T Iti I}lL, LetJ, of pFeZ'LTl,t ltf\?' I11ilIlltL'Ila r` C' IV, tit +.7riit', t' I,III ti?I? C7?? ?irli? 1 StI di'ii11t1T] t") T21G' t't1L1TlC? v, 'I tLI1 5 ,e 1llti(all('cl -?I t itttit' 1. fn ,et`}: 11 .IIiI'1 re5?_711it1 d? of :tU i11e 1]t,11 iCatI1 ?1 Ct? ]:_LLCM; LU 1_}le l ifi `5 2Iti'][](1?°5? the DL:Jv:'(!Tlcnt I7?'t1?e?jSt'S cntj,.y into a consent ugicc?fllent thw %%111 t+It?,'iC1C ?l j, '11I t+t rrl eCiy the Ult7t ,,1\'Cd vu c:c.Liti actions and to to ?1se ? ui (a tltlillf f: rI tit. iS•I:c R c Dcp.tii?i enf i Item # 23 Attachment number 1 Page 7 & 7 x , rrna hi.ti:jn ?2 f ??]r:]r t[ ?tf?C °1'?G ;[??'ir i1{N'1 _tlll't?l;l?iliC, i?.-L!?S ,?1Sil '?L] {?r2Ai1'? ?i OVA% f,lOWK 0 i OH1 ]'L -!-l :J.rl Cnpw Z J, sk i'+:C?1g" A rb 1 W2 &OH K wIcnsw n Y Qhu-t V Vyn l X14 ii 1 ('( jjp itf'II1 r 1I ;clo anent 10c r. S," to! "H-a aj7t'r'MINI rr"i T!Ic ,pi ? it I114tri l 1,ti r?C,i)t ,SjMA1'ti',St Y)"WlL: t AM top cc: iL'iam i' ic, airy Nian gen cv), or ceamatu Kanna 1KHan, .l.rivir ounicntal 'r 3 r rt 1? .t ti,t 3 r?i,trc?tc+r, City o le eater Ra,,idlill 4trau , l s a li r C"?tzT? .}' c, lfb I ? :?r??l?r t Item # 23 Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Contract to Purchase a perpetual Ingress, Egress and Utilities Easement over, across and under the West 15 feet of Lot 9, PINE RIDGE,from Thomas Floyd, Senior, and Elizabeth O. Floyd, husband and wife, for the sum of $20,000 plus estimated transaction costs not to exceed $700, and authorize appropriate officials to execute same, together with all other documentation required to effect closing. (consent) SUMMARY: The city operates and maintains Lift Station 23 on a small upland park area on the north side of Stevenson Creek and the east side of North Betty Lane that was dedicated to the public in the 1946 plat of PINEBROOK SUBDIVISION, UNIT 2. Until Pinellas County reconstructed the bridge across Stevenson Creek in the mid 1990's the City had direct maintenance access to the lift station from North Betty Lane. The new bridge structure's increased elevation and extended parapets completely eliminated direct access to the lift station from North Betty Lane. Following completion of the new bridge, City maintenance trucks and personnel have accessed the lift station directly from Overlea Street across the commercial parking lot of property owned by Thomas and Elizabeth Floyd at 1315 North Betty Lane. The Floyds believe the unauthorized trespass has resulted in wear and tear to the property's parking lot surface. The City approached Mr. and Mrs. Floyd several times in recent years seeking an ingress and egress easement across their property to facilitate lift station maintenance. In late 2006 Mr. Floyd obtained an estimate of $19,608 from AmeriSeal Paving and Sealcoating to repave the parking lot. Staff was unable to reach agreement with the Floyds at that time. Mr. Floyd contacted the City in early June 2009 and expressed interest in finally formalizing easement access to the lift station. The subject contract to purchase the perpetual easement, the consideration of which is essentially based on the earlier repaving estimate, will grant the City both access to the lift station and authority to install and maintain underground utilities within the 15- foot wide easement area. Contract provisions require closing within 90 days following Council approval. The City will pay all closing costs associated with obtaining a $20,000 owner's title insurance policy, closing fees, documentary stamps and recording fees, collectively not to exceed $700. Sufficient budget and funding with 2009 Water and Sewer Revenue Bond proceeds is available in project 0376-96686-560700- 535-000-0000, Pump Station Replacement, to fund this purchase and related transaction expenses. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $20,700 Not to Exceed: $20,700 For Fiscal Year: 2008 to 2010 Appropriation Code Amount 0376-96686-560700-535-000- $20,700 0000 Budget Adjustment: No Annual Operating Cost: $0.00 Total Cost: $20,700 Appropriation Comment Item # 24 Easement purchase price and closing costs. Review Approval: 1) Clerk Cover Memo Item # 24 Attachment number 1 Page 1 Of 1 C Q 4GF TERRACE RD FAIRMONT ST PARKWOOD ST z 0 WOODBINE ST SPRINGDALE ST z w m OVERLEA ST EASEMENT LOCATION LA SALLE ST ?TIS C. GREEN DR PALM BLUFF ST F' = m w - w CEDAR ST HIBISCUS ST w ° SEMINOLE ST ¢ w LL W z -LDRIDGE S ---- Z ELDRIDGE ST MAPLE ST FAIRMONT ST PARKWOOD ST w WOODBINE ST m W m SPRINGDALE ST PINEBROOK DR N HIBISCUS ST S HIBISCUS ST o FLOYD INGRESS EGRESS & UTILITIES Legend N Cl , Parcel Boundary earwater EASEMENT Bldg Footprint j;; r Clearwater Service Area W E Prepared by: Eng ineering Department Outside CLWTR City limits Ite # 24 Geographic Technology Division 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: JHH Reviewed By: EB Date: 6/24/2009 Grid #: 269B S-T-R: XX-XXs-XXe Scale: N.T.S. www. MyC learwater. coin 3 x c? Y ADMIRAL WOODSON LN Attachment number 2 Page 1 of 10 CONTRACT FOR PUR+CHASL O Rt.-/\L MOPE RiY BY THE CITY OF CLEARWATER, FLORIDA l? , r s ?^q yp yj I`^° . Tr V _1a'S, yI711 1 L . ?, pit r< < I'ty") of P r I - t?+? i+ 1', lif 1? i _ 1[nr? ii ? ?:: r IA :4 "' ?[ti , 11 ?<<:?. h,::ft tlf?: ,??.,.,? • ? -:,i ?, ill ,?-?? ,?-??, II + ? ?i 1 ?4? r J "?i ir?tf ?,' I 1i 'i 4tt 11 rl' '1? Prc.Jl _.[1 tnl_]?' [ yp ( q aea6 i '41 i@'p4 ,i P y - f.,._. ) fjt _x-a ' f .,,ing tefif ii and o _rl,Ii'I'!I', LEGAL DESCRIPTION, The W s fifteen fia-eta-rQ of Lot 9, PINE RIDGE, according to the mall or Flat thereof recorded in Plait Book 28, Page 93, Public Records of Pinellas County, I`lo0da; being further described and depicted in EXHIBIT "A" appended hereto and b this refer-enco made a part hereof, PERSONALTY: NONE 2 FU I I ULHASE PRICE; ,?i f1() 3, MANNER OI• -PAYMEW-. City cil heck i s U.S. h_1r,t_is d+I[.?i?? y r,'l €?fil r' .:I_;Lftc i r'?Itii'fTa?,flt-1i f lJfly; Cli?2tliJl< <i`; c1r,l?,,.;,,.?1 , Seller EXHIBIT -1' ,-ii)p fil?l:d iwii°ti; if :+ 11, r,i,3 i Dart hereof, at a time and pLii;l, rri.ita.,l-!H' finu I aiLoe-?.....r.... 20,C}00,0 4. PURQHASE PRIDE aETER INP,TI" hhr. Frill I +I- hl 1,?,? il ...cliE?ct through rye otiatiol?!, ,,,ii'?3. I?i 1 1 7 t City staff. ih;?xl lfi fl?3` ?'fl 111 ltt" toti ?rul- -yell rcl!f-iin dIt iI'l flV:'fl`??'A I',f, !1Ci:iliS Se fly it [.?+ rflf ?l I!, 1: l I G' ,.' ?; i. ?. I he encurrll,d'i? :I Ly ?h plied herein. .. 7 E POD ACCEPT ll,, I' j exr?(-,L[tiori ti contriO hv .;then prdrl r,,nd cori+Ilil if1 ?difll' i hr,r°-in shall rl,iii,wi uncll'9iiged e` aid ?lt2 held" fir??_, illl_jl[I,!I1?1?"y' i ?g?ll ?;5f _i I + f[fri:? fi!?I;7 ".Ill.j ljE II ... itJ???h:' 3f+' (? J?r?l1?? lugIf4?+ ?.i;111? ?i'f L ??I.(' t ..1, ' l!';}I ', .'4f+.:'I ?rrl d( E ??. ;+ '?.lllll I l j ?l{_ { t. ?`<l ' ll f 11"er. or oi'iection action of thr C,;Ii 121'111'x I C(- ?'[fr -'I al,)I)rovecf by the Co[?rsrr i ior1 iI v,llll i?l ,l _ji d t!w jrfl ;j[, l?ffil till ???,'I LIl_?';1 . within `l days thereafter, If this contraf+ t i iejected by L? a? ? C,wil.il upon i? iit:l ii ?[,i, ]t, fl, shall be null and void ire cell respects and Buyer shall be o info rife . C in writir , r^, it ivT?tef 14 actioll Attachment number 2 Page 2 of 10 TJT_LE x`3v{y v [IlI?li i't'I '.Illy ??"i fll+ <1 ;? I'1i511f Ili't:lE i ,;:Illll °,i it ile-'ii,'?1',r 111 f11Ig R )flii'llr, r[Ij+ IIII 1''11kI['lll l I' l>_ 1 111,1 11 1`?.1??, 1[ it If ? 11 11 i.(jlr i r+o I( '1[11! I';!l+ ? ° 'I„ I- i :ill IIIY€ I'1ld' ` j '1=+. )'. `,if I-1 [ (; ,eft', ??1,71 it 1- -,I1 ?111 fil;it IhI I l r' h k u 11 l 11 e t sutf1 I of 1 II f i +, _ f1t ?+ 1 ;ilg. IMILL-EVIDENLE Prior ?l ri f fq ?f,l? cif, n I?f+`, .E, ,, rl 1 f .tll1 rI l ul ?€?rgnInri,IIiIl l f I ? hY Ili ill l'`?I .(Jfl E i IlI l 1 ' I 1111 'Ilf ii ., 1?1i ( g f?,.11-?t+'f.j I 3L1+title to f 11?' I?l 1?;'(`f f' Int resi II ?f r, II for ? j1.i<i11f1i I ilions + t Ii fIth ll t.fll`_ Contra, f, ?.? i, i,ii 1,11i' Titl' ` Ii.inCler ' fl , lh:-I! Florida t k, 411111 i li.?111;{: `.if 1111 _ 1 JITIl iii it. f flf .` 1 'lff' 1 j!`1 ti i dltfl r1 !;f f"+Jr flt'1 tlli3tif'`y' `.??+?+ P11 Illif h'rkfy'llIfat It tit+' ".?'.'f 'ti?.y ti'il it 120 411`w`.i FI'(llT Is,'(-??-'lpt of thtl Ii B I 'I n li to .. option s7t I-I;di+'I 41_1`,'` tinq !Ni f,,HgPmelif. I'lWr' -?S 1r t{1?rn d,; Lif :'??ltll+jr;?lvuidl from tl@I? Ii ili act. will, it t1 l i?_ 1` l l',:i ll??z? ,lk i,yfil; , r lkF_ ,111,1 i_ 1r. oft ;)rt tL) ?;)nuL;? jIrfI._-I,_:t( in title within the time piu','i6 Cher, f lr, including t?l k 1111,;jirlj '`f l,1 ?rx _ Waif S. _LLOSING PLACEAND DATE Cp 1, w,f _lll d_L,'lc_ i1e_if'., Clo 117-j ,igent arid Oh l.,. trnn action shell he closed in the ?11fir, f th 1 it+. ;l a _ n1 1 lip ?:?19 l?kxIi_III I !t?_I I y? _f? ff?_ t?rlI'I;trve date, unl,?.?, in 1 ttll- LJUtitlil:;l ?;10Ilc_ fI'irt" Iji1,i1il+? ht 1 71?11'r' 111 11[I provision C't ,fll I Itllll etl[', tlf'1!. illr"1.+'', ?lft? fi making i-nt ri'rft t'j ;t71i tip ttl! ??f11i y, time I ': f'1Cj fll }'y' 3 i t+-'fl i+ 1_Jt k ? f i ?itf1+_1 t 'vtfi?<( 3 i iii li 1 11I'yi iutt?l'4 1 t+,_1 ifIo 'i. I I IIf It Ur cc) I Ilj -liljn onteiI I1.', i ,I'I tl II,] ' f) I'. t . Li.C] 5JN+ :.KPLNaES DOCL11I III 9r-y on the conveying ttl-;',ll ml lt [ ill+ the 1I:_Iii ,i :" ill iii k ? „ m1 1 uI;(_1+ `° (;Itapter 201 4, k .:r1 i { - t lfl ,hell b aid h tl)l 1_;1`;.? h l ?H h I,?I 4 cCl ,t; f 1?rl jilyl"a _111 , c l If°ctPv' lr tl'_ill,+ 111: i the rant i I -,I i,,,.?ment fly Buyl_,I 101 . RE-IURATIC&Li Pier{ -.I11_il1 N n proration, collection uI:' iorteivrz-;? ?.1?";? l't ant (it',1n th+ r l?'.? roll of the Pr(,-) rty through the 1,i,, !I1 if. -k in, ji, If [I,,, Irlt+'f+ °,,? f1i_'ll6(t e CILllred by girl., rwlll i l.lf tit 1 llY `•I(illl?l ;,?r9t1I,l,I[I (if till' 11 ;ri t ;'_il[1 ill'?.'ll l+p 111+' ,,11II,,1;t1?1?,,Elr'I?ybyth I'Iili:llil? r''_?1.int Item # 24 f of fa Attachment number 2 Page 3 of 10 11- QCQ PARCH' I't!i: ?I s, 12. PRQPERTY CQN JTJON . , gill 111 ] 'l I 1. ClEEA1.JLT tf it tl n i not I. l.. ? i 'ue ii ;fl i, idlji'_. able afteh (illl??lit efts liL I `,-I I I i, ? p, ? III ?I I I! I ?If I I 1;11 air l`?f?v,-it 1f )n giving iIr1 notkc III I tl?± f?'ail I; iiI _i r t ;flare on the part of tlii- , _r?,? r, Seller pl A1Ili l i ll-.,--, 14, SELLER WARRANDE S-Ifpr v,-irr nts that there nrl?° r`f fns t:, i rye r to S, llr1 materially thr, ,,,?:il' ,,' the ,l ll - { or which woulu twee Ji-trlrll+-w,- l ie the f effect E?l-ivl the property excl. pit J, I j l I u : a dufucls. I none are kno n. wr its ,¢. l ?i ?t??lll I° l 47 days iil tirf Ili J ti'I' Ifs r' t6r1+?a „iIt'li?"` ?'.?L ,i''r°lI + i?'1 iIII; .iwC? i_l('` f1C1?^?+IIIi`;t_]11_fll(? `,9fCI [i`.,1t1+_ii`- ?'t'r?f IlI{?f ,I1?16 h; dl 4,t C ems,L(1 lily J nlc tt m ??? {Ili ill G'irl`. h3 f the c ?;} 15. RADON G-A5 NQT1F -ATtO-N f li ;'i:l I ?m i,it 1 }I '''? +Itl_tB{_D4?Jr l I'Ji,I 1 l ltlllltD t i11' i ? l? ?" r ll+.???l?y intt rME`d ?1', 'rl'i 1lkli{ II lfl ;3 Iil1Il!J1l 1 Ire' ,I1fl1 ;li?'flt i ii,l,+i',lltli iii i,, iI' iIl li' ltti II`;k;l k t`jl)ll, ljr? t?,•Iiri It ii,L LI lIll I I-I i l l!l ildflllil `,Ili I ill III,II; 111 i- 'Ill ll yid I, ddlItilsmaI inferMaIl.i-i l ;nil r, i J from your county pub hl -ilih tlil:Lit. Item # 24 Attachment number 2 Page 4 of 10 16. C lNTRAC LNO'l R A SON_a E30-.JNLI J i?'.:l?r tllrlrl7 t rI? ?rny :.w?',I ;h 11 ?? ?l??ni rl?l?Il ?I II -„! g Jrl! s' :I 1 E !1 Al d h 1 0; I' 11 fin Iiflfif4 "1 t 1 1 1! < ii..f tC7 1 f t}te ? t I ?'tl tlll , „Il ., t arh?j "dJo+ai a' I I' idki 4.rl..+t FJdtl' Yh t?',:i':.,I I, I1, II ,i ,`-': I I d I !h tern- L.>l_lJ I 1 ''???:??i 1, I f'll"i i t.i[ t_Ifiti. 1 I:I?litl l j _it d BI, r, nC x I,:,s l ,, tl•:, ?, ? i? i i 1t C i('II '1 11? 1 is l _h 9 19, AIIC)RNEY FEES; COSTS In any litigW Ii ri inrj -tit ; ri this contract, the prevailing party shell b ??tt tl ; to recover reasonable attorney f+y v``;f lrl t` o 2 . IYPEWRII +C}R HANDANRI= PRQVISIQN Typewritten or lIt in provisions hall control all prirtti:' i E rovision of contract in conflict with them. 21, EFFECT QE FPAR71A NV-ALI1 TU itl pru v, it, I nfthI ".. ..I n t iii f `I 11 ii" m t, f`11+?1 t 'II'. )$ tlJ;_1tt1I f'a Ii.,ir1i11?-j ? 1 1 `,11''1I; ,-'l 11 it ire' 1.1fY -it ti )'.f'.+ 22. QVERNIN LAW It I' ii. I by any i r-n ,Itl+ h.- icy shall be ('ji ,. III' 11 construed, an I it, Florid i, 2.. .'QUNTERPARTT F ? C-0PY ThI'-- "t it it ftiIti,r, tltf.?,,d in 1 fir) JI [,'I??.#II,? ?;ff o ?"JIiI, h ;h,dlI 1I-?7'ft((l ,_f{1 IFIP `sl {t'lt'1il,lll±r It1` itLJf`lt 1 li;'?lll II';` l'.( t?',I? llll,t _.tly 1I1 anyl'kell ffii IIIl I it ,in,I t 1I, ifCL!k sir ;l In th ?? n shall if I Item # 24 1 of 5 Attachment number 2 Page 5 of 10 ')l L.N1IRL-AUREEMENT Up II J'1 !I"I , I'?f Iflii t It; I ?l[ 1[ 1f4?,j01il) If1 i ?";?,?' and r in. i,? ire ?hw i ,i,, v ant -i?iJ' 1,ar? tt" APPROVE and accepted this [7, It tl°? 0. Floyd day of CITY OF LEARWA `ER, FLORIDA cunt rsigned; Freak V. Hibbard, Mayor L,, it 3 P a Iion , :''a #, rat City Attorney iili inn B, h{um li, City Manager ?Lt - f ynthi L Ud u, City, ? , is Pa 1 Item # 24 Attachment number 2 Page 6 of 10 ?I T17 /S is EA,HIBIT A" NORTH w E pp 1 L i I ? b 8 "1 I•: ?,?f .art I?j'1?:?? Attachment number 2 Page 7 of 10 EXHIBIT "B"' F;F '11 'I O; F I IF INGRE SS. L LaN S TIL TIE r, I ,?SL. ENT 31 IC I II ?I' 7, '1 ii di Id 661 l 1 I? tll r ?1,, r'C„ f ?1 mi ? I. i ,-I.;H ' t _ rL'i 1 1 s I!-ajI _Ii 1 to 111 11 OF CL AR"," ,- 1 f f lS? I11?'f1' ,ili Ufl ? J, .f,Ii ??on? ti? 111 ' l din I' l?if it, fl cli ij F IriiI i I it' F Ic ur The West FMeerr Feet ?15.00') of Lot 9, Block E, PINE RIDGE 1 BDIVISfON, acording to the neap or plat there as recorded in Plat Book 28, Page 98 of the Public Roc or'ds of Pinellas County. Florida; as further- described and dopicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. II 1['1 Io Iit ild I. ii-; llrii !I i'ril aunii ?Ai1 1] 11I,_ -ji)d illlt _i ?llfllllii fl-tfl,.flr-?i Ii1, it tabor No. 2. raptors I co 11111 6 i( if iiJf` 11 p; llI' '_lVe full itIIi'i1', 1i' It 1f0 mill r?i? ?I , Ir- ? 1 that 1 illy. 1 o i'.f' N iI II'_l+-I II I 11; I f''.':i ?' I_11?1'i- Ill+'Ir •,t ? 'I 'I ?r1 it ?_i t; f ,' 1 ;+I -.'!II! ''iI fI I? ?al Ii1r..?l I.?r-'s I'? II Il I IL •`.'I? [11i, rl rig I1 ,All l.)ro? 11? 76, ?rlr`? jIr-Ii 'Il I I'' ?If'? ri' rl' Prfl ; 1,iti , :Iles are r Ill '.In' Ip,, r I'l _r 1P_'I`f 7 I I i 1, III ,;I Ill 1 , ,I IIf I N1J1i 1 II l-G11 r r': if Lill ?Ii!,[ Iv?.a ?..c 'tI Jrl iC_'?I ,'itJll' ? i`lli 1 ;I Jl? q 4' 111 y it 1+ 4.:e Item # 24 Attachment number 2 Page 8 of 10 IN1 . ?rl l-1!: luI I I, ?I .:hal a r'1 ':I lI I I'I Ir?' WITN7 F u, .:'i?,??' f _ri e STATE OF FLORIDA COUNT' F PINIFLL Thomas Fljy? 1 FIyd BEFORE E, the :111-[, 11[1-d 1r ,--d th r'i,?. i[I ?Il=r -f ' jr- 1 11 Sr., whi ".ti i! td ;. I?I dlji-° lit on t`I- 1 Wh 1 111r I ti 1 L' { I 'rr1?'?tl a?tlal[i. I . E Print arne N'1':' IT11i I I ( I I , STATE OF FLORIDA COUNTY OF PINELLAS E"' f L,.:!°c ':ICc. a? lJlJl1r 0- 1 '~ry liql did pi 1 Type/Print Name Item # 24 Attachment number 2 Page 9 of 10 l 11, 1, 1 1Ir"a AT OF OKLAHOMA ; : COUNTY F OKLAHOMA NATIONAL 1,0AN CNVF S s70R , L. P,, Delaware hm ted pm-tnll-x! ,hip t It, Th- fnreCatJin Its 1i, ??? t Enrr ;Irkillged iii: this G??At of i (. If LP- V,'Ili'i rIll - i t iii!l!Ii on Li l l-.ill it I i'l llI i,I It [I i?l' ft II tc, f?I 11 + 1 s'r, J 1-Iid t Tth t« id tl' 1. 1 6="I so 16 k.? ?I 1 n1,? r w n o dId I M- f 11 riF;i!' N 1, Item # 24 Attachment number 2 Page 10 of 10 E\ BIT ?)A " Ill. I? NORTH 1,F(--iA1_. D F S C TPITI0N 14) 1 1.. C f I F `J a e 1 d } I r. 0 r -4tem#2t " ?- Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Purchase Order to Progress Energy Florida, Inc., Clearwater, FL, for labor and materials to covert the existing overhead electric facilities to underground along South Gulfview Boulevard from east of Sand Key Bridge to west of Parkway Drive in the amount of $145,520.93 and authorize the appropriate officials to execute same. (consent) SUMMARY: On June 18, 2009, the City Council approved a construction contract to R.E. Purcell Construction Company, Inc., for the South Gulfview Boulevard Reconstruction Project. As part of the overall South Gulfview Boulevard improvements, the existing overhead utilities along South Gulfview Boulevard from east of Sand Key Bridge to west of Parkway Drive will be converted to underground. In order to move the cable underground, transformers and switchgears need to be relocated. Progress Energy Florida provided a binding cost estimate in the amount of $145,520.93 for the cost of labor and materials for their portion of the work. Sufficient budget and revenue is available in Capital Improvement Program project 0315-92273, Streets and Sidewalks to fund this contract. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Current Year Cost: $145,520.93 Annual Operating Cost: Not to Exceed: $145,520.93 Total Cost: For Fiscal Year: 2008 to 2009 No $145,520.93 Appropriation Code 0315-92273-563700-539-000- 0000 Review Approval: 1) Clerk Amount Appropriation Comment $145,520.93 Cover Memo Item # 25 Attachment number 1 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 Attachment number 2 Page 1 of 2 200 R, ?`h6,M] a,a to rrif,1 9 o iIia ;.on ve) sjon 10 HeaCh Ri'aifi f''1 ase 4 ?lw l, I'd I I [, Ii?'l,i i, 1"Egit'L f i {)? II Y indiii,gy C1)SL 1`i tiiii?llto T1 I)vle1'h ea P1"otgre ,, k'1"iioi "id ?iti}I'itop"ki iiti lES' T, Item # 25 Attachment number 2 Page 2 of 2 ?(ext S[i??:ti li 1r`7 to ??1? -I Action Step Responsible 1 1-iii Ct 1 to l.l, (I ll ?T IL6n1ber Item # 25 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:7/16/2009 Approve Change Order 2 to Gulf Coast Contracting, LLC of Tarpon Springs, Florida, for the Reservoir 1 and 3 GST Coating Project (08-0031-UT) increasing the contract by $2075.00 for a new contract total of $116,915.00 by discontinuing and removing all remaining cleaning and recoating work to be completed at Reservoir 1 and add the cleaning and recoating of the exterior surfaces and appurtenances of the 5 million gallon ground storage tank located at Reservoir 2, located at 21133 N. Hwy. US 19, Clearwater, FL and authorize the appropriate officials to execute same. (consent) SUMMARY: October 15, 2008, City Council approved a contract to Gulf Coast Contracting, LLC to clean and recoat existing ground storage tanks (GST) at Reservoir 1 and 3 in the amount of $114,840.00. February 5, 2009, City Council approved Change Order 1 to increase the contract time by 307 calendar days to allow for unexpected repairs (by others) to be completed prior to completing Reservoir 1 GST coating project. The work on the two (2) GST at Water Treatment Plant (WTP) 3 was completed in December 2008, and the Contractor completed a limited portion of the work on the GST at WTP 1 in December 2008. While the existing GST at Reservoir 1 is over 40 years old, significant leaks and some minor defects were found during the Contractor's cleaning process that required further inspection prior to completing the recoating process. The tank manufacturer has performed an evaluation on the condition of the GST, and staff is currently weighing options to determine the most cost-effective solution. To allow the Contractor to finish the contract, City staff recommends discontinuing any remaining work to be completed by the Contractor at Reservoir 1 and move the Contractor to WTP 2 to recoat the one (1) existing 5MG GST, which is the same dimension as the GST at WTP 1 and 3. Change Order 2 involves increasing the cost of the contract by $2,075.00 for a total contract amount of $116,915. Sufficient budget and revenue is available in Capital Improvement Program project 0315-96721, System R&R - Maintenance for the increase of $2,075.00. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $2,075.00 Not to Exceed: $116,915.00 For Fiscal Year: 2009 to 2009 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Code Amount Appropriation Comment 0315-96721-563800-533-000- $2,075.00 See summary 0000 None Cover Memo Item # 26 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Clerk Cover Memo Item # 26 Attachment number 1 Page 1 of 2 CHANGE ORDER # 2 PROJECT: Reservoir No. 1 & 3 GST Coating Proiect CONTRACTOR: Gulf Coast Contracting, LLC 502 S. Florida Avenue, Unit 124 Tarpon Springs, FL 34689 June 12, 2009 PROJECT NUMBER: 08-0031-UT PO REFERENCE NO.: ST104932 DATE OF CONTRACT: October 15, 2008 CODE: 0315-96721-563800-533-000-0000 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT To discontinue and remove all remaining cleaning and recoating work to be completed at Reservoir No. I and add the cleaning and recoating of the exterior surfaces and appurtenances of the 5 million gallon ground storage tank located at Reservoir No. 2, located at 21133 N. Hwy. US 19, Clearwater, FL 33759. STATEMENT OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT Change Order #1 Approved by CC 2/5/09 Change Order #2 Approve by CC7/16/09 NEW CONTRACT AMOUNT ATTEST: ACCEPTED BY: $114,840.00 GULF COAST CONTRACTING, LLC $0.00 $2,075.00 $116,915.00 By: (SEAL) Manuel Gialousis, Manager Date: Witnesses: Cynthia E. Goudeau, City Clerk Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA William B. Home, II City Manager Recommended By: City of Clearwater Robert Maue, P.E. Project Manager Michael D. Quillen, P.E. City Engineer Item # 26 Attachment number 1 Page 2 of 2 page 2 of 2 Change Order 2 Reservoir No. 1 & 3 GST Coating Project ITEM DESCRIPTION Code 0315-96721-563800-533-000-0000: Decreases: 1 Mobilization/Demobilization for Reservoir No. 1 3 Clean & Paint Exterior Surface of One (1) 5MG Water Storage Tank at Reservoir No. 1 Additions: 6 Mobilization/Demobilization for Reservoir No. 2 7 Clean & Paint Exterior Surface of One (1) 5MG Water Storage Tank at Reservoir No. 2 8 Lift Equipment Rental QUANTITY UNIT UNIT COST 0.25 LS $ 500.00 0.436363636 LS $ 55,000.00 TOTAL COST (S125.00) ($24,000.00) Total (decreases) ($24,125.00) 1 LS $ 500.00 $ 500.00 1 LS $ 24,200.00 $ 24,200.00 1 LS $ 1,500.00 $ 1,500.00 Total Additions $ 26,200.00 Total net (decreases)/additions $2,075.00 Item # 26 ?- Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to RTD Construction, Inc. of Zephyrhills, Florida for the construction of the Skycrest Reclaimed Water Project - Contract 1: Booster Pump Station in the amount of $3,041,401.00, which is the lowest responsible bid in accordance with plans and specifications; 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 the Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the Skycrest Reclaimed Water Project (L695) was 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's nursery site located at 901 North Saturn Avenue to enable the RCW system to meet peak demands, and 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 Skycrest RCW Project - Contract 2: Transmission and Distribution contract was approved by the City of Clearwater on June 18, 2009, which awarded the construction contract to A and L Underground, Inc. of Lenexa, Kansas. The work involved with the booster pump station project involves construction of a 2,000 square foot RCW booster pump station consisting of three (3) horizontal split case pumps, bridge crane, sodium hypochlorite system, and related mechanical, instrumentation/control, and electrical systems; a 5MG pre-stressed concrete ground storage tank and associated ancillaries; and site improvements including demolition, grading, paving, drainage, bulk concrete bins, steel canopy structure and landsc ape/irrigation. The new booster pump station and ground storage tank will increase the ability to provide RCW to areas of high demand. Construction, Engineering, and Inspection (CEI) services during the construction period will be provided by McKim and Creed (EOR), which includes daily on-site construction inspection, engineering assistance with onsite observations and interpretations, review of shop drawings, attending meetings, and providing record drawings for the City of Clearwater. The CEI services workorder for McKim and Creed was approved by the City of Clearwater on June 18, 2009, which related to both Skycrest RCW Projects (Contract 1: the booster pump station project and Contract 2: the transmission and distribution project). The City is utilizing the Owner's Direct Purchase (ODP) option for selected equipment, and the tax savings is estimated at $27,000.00. The contract period for construction of the new RCW transmission and distribution piping is 270 consecutive calendar days estimated to start in August 2009 and finish in May 2010. The Public Utilities Department shall own and maintain the booster pump station and 5MG ground storage tank, and the Parks and Recreation Department shall own and maintain the property and all site improvements included in this contract. Sufficient budget and revenue is available in project 0315-96739, Reclaimed Water Distribution System. A Third quarter amendment will increase the budget for Other Governmental Revenues (337900) in project 0315-a§,7J%.,. Reclaimed Water Distribution System for SWFWMD's share of this contract in the amount of $1,520,700.50. Item # 27 Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comm ents: See summary Current Year Cost: $3,041,401.00 Annual Operating Cost: Not to Exceed: $3,041,401.00 Total Cost: $3,041,401.00 For Fiscal Year: 2008 to 2009 Appropriation Code Amount Appropriation Comment 0315-96739-536800-533- $3,041,401.00 See Summary 000-0000 Bid Required?: Other Bid / Contract: Yes Bid Number: 07-0013-UT Bid Exceptions: None Review Approval: 1) 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 RTD CONSTRUCTION, INC. Contractor and WESTFIELD INSURANCE COMPANY (Surety) whose home address is ONE TOWER PARK CIRCLE, WESTFIELD CENTER, OHIO 44251-5001 HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: THREE MILLION, FORTY-ONE THOUSAND, FOUR HUNDRED ONE DOLLAR AND NO CENTS ($3,041-401.00) 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: SKYCREST RECLAIMED WATER SYSTEM CONTRACT #1 - BOOSTER PUMP STATION - 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 # 27 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 RTD CONSTRUCTION, INC. CONTRACTOR By: ATTEST: WITNESS: COUNTERSIGNED: SURETY By: ATTORNEY-IN-FACT Page 2 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 RTD CONSTRUCTION, INC. of the City of ZEPI YRHILLS, County of PASCO 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: SKYCREST RECLAIMED WATER SYSTEM CONTRACT #1 - BOOSTER PUMP STATION - 07-0013-UT FOR THE SUM OF: THREE MILLION, FORTY-ONE THOUSAND, FOUR HUNDRED ONE DOLLAR AND NO CENTS ($3,041-401.00) 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 # 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. Page 4 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 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 # 27 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 RTD CONSTRUCTION INC. a Florida Corporation, with its principal place of business located at 5344 9TH STREET, ZEPHYRHILLS, FLORIDA 33539 (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 SYSTEM CONTRACT #1- BOOSTER PUMP STATION - 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 RTD CONSTRUCTION, INC. AFFIANT This day of , 20 NOTARY PUBLIC My Commission Expires: BY: PRESIDENT Page 6 Item # 27 Attachmen number 2 Page 1 of N Z Z ? O U e ep rc O N3T1i F. - r: f .. ,? W n u IL Ii n ? E S stir tl _O C ? LJ j m I O J J U ? t p b ? ? i w x w a U O M--I L C a a w a a U. C C L a z L a U a U ?a z 0 a a O M C w v z ?a W Z 0 O w M z A o ? ? p G? G? o N ? o ? oo ad1, G? o?o G? G? G? G? G? G? E" Z Z ° ? n ° ° z ? z z z z z z p O A o M N .-' M M ? ?I a A? A a ? wo o w w w w w w w w w w w w w w H A ?? w w w w w w o w w w w w w w 0 o - N w Z ? o ? z ? V O O ? ? z A ? Q o ? o z ? i z '? H ? z z z z ? ? ? w 0 0 ? W w Q z Q o o W ? ? o o ? ? '? ? -- w U z ? w ? v ? ? U Q Q z ¢ z ? H ? H ? H x w Q - N M 00 01 O - N M ?I ti N it E N Fil Fil w O M? 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K m m? m n n m _ m,o ? m a ? b 5 s,u ber 4 Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Supplemental Engineering Work Orders to Tampa Bay Engineering Group, Inc., (EOR) of Clearwater, Florida, for additional engineering design services for the relocation of existing potable water, reclaimed water and sanitary sewer facilities impacted by the Florida Department of Transportation's SR 55 (US 19) from Whitney Rd. to south of Seville Blvd. project, FPN 256881-1-56-01, in the amount of $35,750, for a new value of $203,375, and SR 55 (US 19) from south of Seville Blvd. to north of SR 60 project, FPN 256881-2-56-01, in the amount of $48,350, for a new value of $246,830 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Department of Transportation (FDOT) is currently in the process of designing roadway improvements of SR 55 (US 19) from Whitney Rd. to south of Seville Blvd. and also SR 55 (US 19) from south of Seville Blvd. to north of SR 60. Improvements will include overpasses at Belleair Rd. and Seville Blvd., frontage roads and drainage improvements. These roadway improvement projects will necessitate the relocation or adjustment of the City's water, reclaimed water and sanitary sewer mains and appurtenances within the project limits. To date, there have been several revisions to the Phase IV FDOT plans including the addition of acceleration and deceleration lanes, drainage revisions, high mast arm lighting and the mandated use of temporary critical sheet pile walls. These revisions have resulted in design modifications requiring additional project meetings and coordination with FDOT, which have subsequently increased the initial scope of Engineering Design Services required. On August 12, 2005, the City Manager approved the Initial Work Order in the amount of $95,150 for SR 55 (US 19) from Whitney Rd. to south of Seville Blvd., FPN 256881-1-56-01. On July 19, 2007, the City Council approved Supplemental Work Order 1 in the amount of 35,845 for a total value of $130,995. On November 18, 2008, the City Council approved Supplemental Work Order 2 in the amount of 36,630 for a total value of $167,625. This Supplemental Work Order 3 in the amount of $35,750 requires City Council approval for a total value of $203,375 for additional engineering design services. On September 1, 2005, the City Council approved the Initial Work Order in the amount of $134,410 for SR 55 (US 19) from south of Seville Blvd. to north of SR60, FPN 256881-2-56-01. On July 19, 2007, the City Council approved Supplemental Work Order 1 in the amount of $33,045 for a total value of $167,455. On November 18, 2008, the City Council approved Supplemental Work Order 2 in the amount of $31,025 for a total value of $198,480. This Supplemental Work Order 3 in the amount of 48,350 requires City Council approval for total value of $246,830 for additional engineering design services. Sufficient budgets and revenues are available in 09 Water and Sewer Bond Construction projects to fund these supplemental work orders as follows: $54,825 in 0376-96742, Line Relocation - Capitalized; $14,025 in 0376-96739, Reclaimed Water Distribution; and $15,250 in 0376-96634, Sanitary Utility Relocation for a total of $84,100. Appropriation Code 0376-96742-561300-533-000-0000 0376-96739-561300-533-000-0000 0376-96742-561300-533-000-0000 0376-96739-561300-533-000-0000 0376-96634-561300-535-000-0000 Review Approval: 1) Clerk Amount Appropriation Comment $29,225 US 19 from Whitney to South of Seville-Water $6,525 US 19 from Whitney to south of Seville-Reclaimed $25,600 US 19 from south of Seville to north of SR60-Water $7,500 US 19 from south of Seville to north of SR60-Reclaim $15,250 US 19 from south of Seville to north of SRO-106P Item # 28 Attachment number 1 Page 1 & 4 Vilblic Work"' Willitli41-Mion TIM Group, hic. ('rim) wwk (MO, 1001hpu Fo nn Dine.: QU ( it_, IIt, ?. 1 "' '„ Cl, i I l-, ), 1 111M,l Y I PFIT& LIS 11) Vol ?4?1'lllt . I' ?h 11? ?4 R?A1?, ?FPY"{A. 1. B CAC KM NO: I hl Horida Ek11,'1 I114OU 41111-M I Won j 11Ih ,' 1111 1 w' i'1 N.1, ? 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III I',1'lll'Iu._ Ill III1'l f' 1 111 p?l.','ll'1 I la IE:4"'+s hiYll k 11.i ;''.l wl pi' "11 1 Ill'-ill .'„ -d`?? lll',lI ,?.1 lllll? lj;ltl?l ;1111 ,'IIL I„ !Il',':,I, , I NW I "11, 11111 _' ti,1 I-i tl8 dl Q', i? (. 1 pl I '1: Mll l wi ?;II 9. SPECIAL 1C"() N: ID11,],R 1TI()NS in. I IU_`IlI?'. .l'I'?ll1 l•.`I! PI"l'?_ ilcllll I " .in! hi w'COUP 1111 f ?1.11u.? ? ' I l ,'1-11' 111;31 llt, ,{£,??,,? I1il,I 1" , 1[ •:ll'Mp ,,r„n),1)ap: 'i,?'ll I?l,ar1, 1l, 111, f i is I:g F I,nl,.1I. d ,1 31 i?.?11n;+(IIM I ?[I lll ;1p1,1??_ _11d ,1;_?,I '1, II!, I al _ii:l:d I,?, 11]wIn ciIu.11 ,lr?_Ilfl.tl4C??_ `?i:srl' 111f?i I :jI,??Ii';1lod ?aall'I'ln,I: I 'II111l'I, ?Illld [II;, N I111v {lt'fl`;1?'[ a , 4.14,' 1)Ii,h _''1 I?et}? ??r14.?1 w 1 1 I+ 'Ill. ', ill I [oa.nl p'.?' I,I ?11,_l I ?. ??? .. ', 1. ,I II iiI,II II , .3f 1N .1 II II. I. !'i ?., ll l1111'I'? ?, IIII'. ,.III, I I !.. 1 '.I t, II I I I f in [liw3lC nuG u1,_' It s', ow, 1 O 70 _+,,, _!_' ;i HI AM H) ;HO f! 'AWN (14 IllvN hll:' ,i1 kh, I Pwl, I'illll,H ("i1) hlv'oicil§s' (.l}tIr(", I?: 'i', zl{'1I, I- ?f,I ?f'I y-i}(IliJiflll(;I ``,?_, tlh 1 Inc 0 as sIl mvn is base i 11:71111 I I w U?v k L J i UK F IaNH , r A, I 0 1 &I l al * 0I 'ljl0 I111ti%voI. iS II I,iIII?'MI I11CIII N) 1" r1{; I1?'llra'11I1d lIl4I,? 1'-I` lITLC'\,?.'I'.I': 11?i:I ()I" ?'t i, L'? ,, 4 4 i, 01 ti?'1??3!? 111`1'11 f€, 111 111i?', f.1111'1?., In , A , ", I. 1 I"'-ilW,llll': Iii 141'I, PRI' 1',11!1 1) 11Y (IVY I lilli,',"PA{.?1.IOIl,n 1'la 141, a 03 Item # 28 " h?? 1 Ir Y. ?y EV't ar ?,y? gg '' F. ? bbllll \\?? -z h 'z k ?uY x t g ??SF t ? IFI Il ?' - I? I t s W C la I? ?y j co N it a> . 0 / NY, §? f i I t j Z? 4 Ln 71 3r - It p a i7 -w L:7 W, -i is t ?e CID N it E a> City Council Agenda Council Chambers - City Hall Meeting Date:7/16/2009 SUBJECT / RECOMMENDATION: Appoint Sheila Cole to the Municipal Code Enforcement Board to complete a term until October 31, 2009. SUMMARY: APPOINTMENT WORKSHEET BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor MEMBERS: 7 CHAIRPERSON: Douglas Williams MEETING DATES: 4th Wed., 3 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. David W. Campbell - 2310 Minneola Rd., 33764 - Retired/Computer Systems Analyst Original Appointment: 10/05/06 (I't term until 10/31/09) Removed from the board on 06/11/09 due to excessive absences (5) in a 12-month period. THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Sheila Cole - 252 Dolphin Point, 33767 - Executive Director/C.B. Chamber of Commerce 2. Bob Luna - 774 Snug Island, Island Estates, 33767 - Mortgage & Real Estate Broker 3. Louise C. Riley - 1620 Drew St., 33755 - Retired/Financial Planner Zip codes of current members: 1 at 33755 1 at 33756 1 at 33759 2 at 33761 1 at 33766 Current Categories: 1 Attorney 1 Banker (Retired) 1 Civil Engineer 1 Computer Systems Analyst (Retired) 1 Real Estate Acquisition/Development Cover Memo Item # 29 I Realtor/Investor 1 Sales Rep. (Retired) Review Approval: 1) Clerk Cover Memo Item # 29 Attachment number 1 Page 1 of 2 Name CITY OF CLEARWATER - APPLICATION FOR ADVISORY BC jV1:D (must be Clearwater resident) ell- L 1, , 'L 1 ?& Ate Is Home Add °2 / 2 y C' N Telephone:22?- ?-W- 8 ?c r Cell Phone: 7d-7 68 ' -3 J How long a resident of Clearwater? Occupation: 1,(10r27&1j6 Field of Education: If retired, former occupation: Community Activities: ,r /? d /?-' S ,/i`?"?'L` ?? j ?df'? ?rl''I ?3 Y- Other Interests: Board Service (current and past): Additional Comments: Signed: Offi ddress: OFFICK RSCORDS AND "ISLAWE SRVCS OUT zip Telephone: E-mail Address: ployer: Other Work Experience: --- a..n? v , B rd Preference: A d,___ Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 29 Attachment number 1 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 4. Why do you want to serve on this Board?,- .S r Name: c Board Name: Item # 29 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Attachment number 2 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) y °' "° + ,, ; Name: L D U i <c IL ._4 . s Home Address: 110 9 6 0 0&:tcJ 5F 011a Are-k- zip 33155 Telephone: IQ- 7 _776 Office Address: zip Telephone: Cell Phone: E-mail Address: How long a resident of Clearwater? 32 D!! L,9 S Occupation: R L T-12 t.:F_0 Employer: Field of Education: ?/?Lc=S 1 N S u ?e A- n/ c? ?i L & Ain, &L PA *10411 41C Other Work Experience: If retired, former occupation: ! W A kid ,44 4- f Al41 C K Community Activities: (74> P?? G= ?/ F r? 2n?,= .v r A /jA!K Lu ony/d'W Other Interests: 424: A a',-? 55t 7 S -- ? 2 4?itI&5 Gill-soW, AA1,0jilsZ- R, Board Service (current and past): Board Preference: eQpL 1W Af Fy/c r'? ?vT- 00,0e 1s= A/ Fun 06- M4-?Al Additional Comments: Signed: Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 29 P Attachment number 2 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? S & GC T/-j A Y- Coo aE 5 /996 G ?l/fvRC?? 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? L= S 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? %As r ? x P? ?.L a??? ,.r 4. Why do you want to serve on this Board? .?,U 5?F ,-Liz?- TAE C$.Ty a,= 9XSX2W//-",C- Name: t- D u, s L= 0. , ?0,1 46zY Board Name: Oa I» G=-N/=U2L* c r19?,?1 Item # 29 07/09/2009 14:37 7274437812 CLWBEACHCHAMBE AttaRAR Mt nupter 3 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Home Address, 5-4 I in f Telephone: 0 `7, q4 / • J 'R 19 Cell Phone: 7 '? q y , ar.S 1 How long a resident of earwater? S4 rtcz Occu atian: ? Field of Education: Office Address: L,,,j & L - u6 _45; 40 ?°kxcx' ar-?, r I?- ,lip S-3 74 'J Telephone: q44 . 7 4, U 0 E-mail Address: 6alp to 61 nQ 199 Employer:. C.[rl a?? t M M a-ra-, Other Work Experienfor Gl Ce . ep RA13o4s car/ 4M. F^C'rti- 4Wf?4t Ohs ITS Mme- ?b H64t ya .194 If retired, former t-v?s c ?:r. 6we? e- ??' GR?+c at.?n oGCUpation: s- Community Activities:_ Ccu?c 4ss? , i?.?L. T c,? ?4 ?, ?n Horw? ??? $ r -w+,? ?r Other Interests: p r,j A .-a Board Service (current and past): ?' ?S?41o.f'? ?jlQi gtO.L?? `?OKFw.i-?4?1 ?(?J? ?.?/qA ? I?eJI- llrvf,7f6d t ? Board Preference: RN . .? } .?,.c Additional Comments: X tibPLr -rb Srr?v?- Mu A114 d? I? era a .?- AIr IMe..r.4 G Cmt,e • L , dor tt d over ?! p... 4(al?rts f7 . ` .. Signed. Date: AF10-9 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P_ 4. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue_ JUL 9 2009 Item # 29 OFFIC ? IAL F LLECD,tt',r r{ 07/09/2009 14:37 7274437812 CLWBEACHCHAMBE AttaEl+ itnOZer3 Page 2 of 2 BOMD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibllities? c s r"1 2°? Co r? '3l 5 ,h.a 2. Have you ever observed aboard meeting either in person or on C-View, the City's N station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 4. Why do you want to serve on this Board? j? ?a{ Name: Board Name; Item # 29 ?- Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the expenditure of $100,000 to Ruth Eckerd Hall (REH) as the final of a three-year support program by the City to further arts education with a specific emphasis of increasing City of Clearwater resident participation, and transfer funds at third quarter from unappropriated retained earnings to recreation operating funds 010-01801. SUMMARY: In 2006, the Hoffman Institute at REH rate of service to Clearwater citizens was 22%. In FY'07, a proposal was made to the City by REH to provide three years of funding to assist in maintaining and growing its service to the citizens of Clearwater. The City approved $300,000 in FY'07 and $100,000 in FY'08 for this endeavor. With this financial assistance, the percent of service to City residents has increased to 33%, representing 34,672 Clearwater residents. They are involved in programs at the Hoffman Institute, i.e. Performing Arts Classes, PASSport to the Arts, Arts in Medicine (with Morton Plant) and Eckerd Theater Company to name a few. REH is requesting $100,000 for the final year of this program. If approved, funds will be transferred at third quarter from unappropriated retained earnings to general recreation operating funds 010-01801. Type: Operating Expenditure Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: Funds to be transferred at third quarter from unappropriated retained earnings. Current Year Cost: $100,000 Annual Operating Cost: -0- Not to Exceed: $100,000 Total Cost: $100,000 For Fiscal Year: 2008 to 2009 Appropriation Code Amount Appropriation Comment 010-01801-582000-572-000 $100,000 See Budget Adjustment Comments Review Approval: 1) Clerk Cover Memo Item # 30 Attachment number 2 Page 1 of 2 The City of Clearwater Funding Support 2008 - 2009 The 2008-2009 bridge funding from the City of Clearwater was used for the sole purpose of supporting the arts education programs at Ruth Eckerd Hall. Ruth Eckerd Hall dedicates 8% of its budget to serving the community and the industry through arts education. In 2005-2006, a proposal was made to the City to provide bridge funding to assist Ruth Eckerd Hall in maintaining and growing its service to the citizens of the City of Clearwater. It is through The Marcia P. Hoffman Performing Arts Institute and its programs that this service takes place. In 2006, the Hoffman Institute ratio of service to citizens of Clearwater was 22% of those reached. We are proud to say that, with the assistance of this bridge funding, we have increased that ratio to 33% while continuing to expand both the reach and the impact hours provided. The result of this funding has been an increase of 10,000 persons and 30,000 impact hours. Simply stated, through the stewardship of Ruth Eckerd Hall, the City has served its citizens in providing quality arts experiences at a cost of $2.38 per hour of service. The Marcia P. Hoffman Performing Arts Institute Education Vision Statement At The Marcia P. Hoffman Performing Arts Institute, we believe that the arts are essential to human development and vital to the life of the community. The measure of our culture lives in the art we value and pass on to our children. Art is personal; art changes lives. Through professional leadership, adherence to standards of excellence, responsiveness to our constituents and uncompromising dedication to principals of inclusion, the Hoffman Institute provides a dynamic resource to all segments of the community for lifelong experience, exploration, discovery and mastery of the performing arts. Educational Approach The Hoffman Institute provides a supportive environment for encouraging participants to take risks and to achieve their fullest potential as artists. The faculty and staff are comprised of educated and experienced professionals who are committed to ongoing growth. Through process-based instruction, practical application of acquired skills, and presentation and performance experiences, students build confidence and self-esteem, igniting and sustaining a lifelong passion for the arts. Purpose Statement The purpose of The Marcia P. Hoffman Performing Arts Institute is to provide lifelong learning opportunities which provide accessibility to and exploration, discovery and mastery of the arts. FUNDING IMPACT TOTAL NUMBER SERVED NUMBER SERVED FROM CLEARWATER % FROM CLEARWATER (As of 7/7/09, summer still enrolling) 103,975 34,672 33% FUNDING ALLOCATION 2008-2009 INITIATIVES Homeless Emergency Project Partnership (HEP) 33 x 4 events = 132 Pinellas County Partnership for Creative Aging monthly meetings, direction Access to the arts Ticket donations for community organizations or school fundraisers for at-risk youth and families: 220 tickets provided at a value of 58,585.60 PROGRAMS • ECKERD THEATER COMPANY (ETC) $12,601.00 • BANK OF AMERICA SCHOOLTIME SERIE 3,024.00 • ARTISTS ON THE ROAD 1,427.00 • ARTS IN MEDICINE with Morton Plant Mease Hospitals 12,323.00 • FAMILY THEATER SERIES 8,888.00 • HOFFMAN INSTITUTE PERFORMING ARTS CLASSES 48,600.00 • PASSport TO THE ARTS 13,137.00 City Clearwater report; jbonomini, Director Hotiinan Institute, July 2009 Item # 30 Attachment number 2 FUNDING ALLOCATION DETAIL 2008-2009 Page 2 of 2 ECKERD THEATER COMPANY (ETC): ETC is the professional resident theater company of The Marcia P. Hoffman Performing Arts Institute which produces, presents and instructs in the field of youth and family theater. Impact: Activities supported by Clearwater funds were VOTE? performances for grades 4-12, teacher and student support materials, and mock election experience for students at the performance. Target: youth, teachers, families. Clearwater Reach: 6,000. Cost Investment: $ 2.63 per person reached. CLEARWATER FUNDING ALLOCATED: $12,601.00. BANK OF AMERICA SCHOOLTIME SERIES: The Bank of America SchoolTime Series provides quality arts performances for all schools in the Tampa Bay area. Impact: Activities supported by Clearwater funds secured exposure to Ruth Eckerd Hall and the performing arts for the youth of the Clearwater community, cultivated future arts patrons and future performers, and made the arts accessible through ticket subsidies and bus expense reimbursements. Target: Artists, students, teachers. Clearwater Reach: 2,100. Cost Investment: $1.44 per person reached. CLEARWATER FUNDING ALLOCATED: $3,024.00. ARTISTS ON THE ROAD: Artists On the Road was developed to address the decreasing numbers in attendance at performances at the Hall due to time and transportation constraints. Activities supported by Clearwater funds subsidized workshops and residencies in Clearwater schools that could not afford the full artist fee. Impact: Secured exposure to REH and the performing arts for the youth of the Clearwater community, integrated the arts into the classroom and school environment, provided jobs for local artists. Target: Teaching artists, artists, students, and teachers. Clearwater Reach: 1830. Cost Investment: $.78 per person reached. CLEARWATER FUNDING ALLOCATED: $1,427.00. ARTS IN MEDICINE with Morton Plant Mease Hospitals: This program explores the role arts and artists may play in a medical environment. This is NOT art therapy, but rather the sharing of art to stimulate a positive environment for caregivers, patients and patients' families and friends. Impact: Assisted the medical community and people in the healing process. Activities supported by Clearwater funds included training local artists to work in the medical environment, covered the costs for the "Ruth Eckerd Hall Teen Troupe" to visit hospitals twice a month to perform and share their talents, offered young people an opportunity to "give back" their talents to those in need. Target: Local families, health-care providers, teens, artists. Clearwater Reach: 1207. Cost Investment: $10.21 per person reached. CLEARWATER FUNDING ALLOCATED: $12,323.00. FAMILY THEATER SERIES: A series offering affordable live theater entertainment for the entire family presented by professional, nationally-known children's theater, dance, music and cultural arts touring companies. pre-and post-show activities expand the experience. Impact: Secured exposure to REH and the performing arts for local families, cultivated future arts patrons and performers, and ensured arts accessibility. Activities supported by Clearwater funds included a partnership with HEP which provided tickets to families at no cost, and ticket donations to Clearwater schools and organizations providing support to at-risk youth and families to assist in their fundraising activities or to provide tickets to those they served. Target: Local families. Clearwater Reach: 1,100. Cost Investment: $8.08 per person reached. CLEARWATER FUNDING ALLOCATED: $8,888.00 FALL, WINTER/SPRING CLASSES (Includes students needing tuition assistance): Exploratory Classes are offered during the fall and winter/spring terms. Classes/workshops for youth, families and adults in music, movement, dance and theater focus on a learning experience that develops the participant's awareness, knowledge, and love for an art form while having fun. Impact: Secured an opportunity for local residence to explore, discover and experience the arts, discover the artist within themselves. Activities supported by Clearwater funds included tuition assistance to those who wished to study at the Institute but could not afford to do so without assistance. Target: All REH patrons, interested members of the community, and artists ages 3 months and up. Clearwater Reach: 239. Cost Investment: $150.00 per person reached. CLEARWATER FUNDING ALLOCATED: $25,850.00. Preparatory Classes are offered during the fall and winter/spring terms. Classes/workshops for youth ages 6 - 19 in music, movement, dance and theater focus on a learning experience that develops the participant's knowledge and skills in a specific art form. Impact: Secured pre-professional training and the ability to develop artistic talents and skills for the youth of the community. Activities supported by Clearwater funds included tuition assistance and merit scholarships for those who wished to study at the Institute but could not afford to do so without assistance. Clearwater Reach: 171. Cost Investment: $250.00 per person reached. CLEARWATER FUNDING ALLOCATED: $22,750.00. PASSport: PASSport, an arts partnership program, is in its ninth year. The program focuses on developing links between the arts and school curriculum goals. Impact: Systemic change in school culture through arts-based learning and use of the artistic process as a teaching methodology. Activities supported by Clearwater funds included the PAS Sport program at Skycrest Elementary, a school that continues to realize test score gains despite having the barriers and challenges that a student population with more than 80% of their children on free and reduced lunch, more than 45% with English as a second language, and 15% with disabilities. Target: Students, teachers, school administrators and artists. Clearwater Reach: 1,250. Cost Investment: $10.51 per person reached. CLEARWATER FUNDING ALLOCATED: $13,137.00. City Clearwater report; jbonomini, Director Hotlinan Institute, July 2009 Item # 30 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:7/16/2009 Adopt a tentative millage rate of 5.155 mills for fiscal year 2009/10 and set public hearing dates on the budget for September 3, 2009 and September 17, 2009, to be held no earlier than 6:00 p.m. SUMMARY: In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting the budget. This information must be provided to the Property Appraiser by August 4, 2009. The Property Appraiser includes this proposed millage rate and the public hearing dates on the TRIM bill notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the final public hearing. The City Manager's recommeded millage rate is 5.155 mills. This rate is 17.5% less than the majority millage rate of 6.2497 mills, which is the highest millage rate that the Council can set with a majority vote. The majority vote is basically the highest rate an agency can set and comply with the requirements of Amendment 1. The rolled-back rate is the millage rate that will provide the same property tax revenue as was levied the prior year. If the proposed rate of 5.155 mills is adopted, the City's ordinance adopting the millage rate will reflect a 7.19% decrease from the rolled-back rate of 5.5543 mills. Options for establishing the millage rate and an estimated impact on the 2009/10 property tax proceeds are attached. Millage options are also noted below: 5.1550 mills - Proposed millage rate 5.5543 mills - Rolled back rate 6.2497 mills - Maximum majority vote rate 6.8747 mills - Maximum two-thirds vote rate Review Approval: 1) Clerk Cover Memo Item # 31 N N a c a C C O N ? N E O U ? a) m ++ O O a) O O N L C u_ ? N?ay L y, O_ a c O a I N ? C. a R O L a L } R R L a O Z a L a? C a) p a Q O o z U Q N 00 4 O ? ? z O N C) LO LO LO LO 1- O) 0') O) ? O F - O LO LO LO Lo O) O O O O LO LO LO 1- O 0) O O LO LO L(7 Ln 11-1 O 00 (3) O O O LO LO Ln O 00 O O O O O V LO LO 1- co V O 00 C7 rn r Cl) v ? ai rn v N O LO LO O co IT O LO LO LO 00 LO N LO co O V LC) O) 00 O - = O co (O I- co I- I? N V 00 00 o I? L(7 O I? I- V V O LO L(7 O 00 L(7 C7 O O Cl) v 00 O LO LLO(7 O 0c N L(7 co O co v 00 LO LO LO ? N O 00 O O O O rn rn O LO LO 1- Oo V LO Ln Lci 1- v, 00 V (f LO r V Z LO co a o a rn C7 n (n V V r Lr Ln L( (o r O C` v? 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E m C-1 P 4 11 a $ I co 4t r 2 t • j r? m Meeting Date:7/16/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Supplemental Work Order 2 in the amount of $296,810 to McKim and Creed, Engineer-of-Record for the City of Clearwater, to provide Construction Engineering and Inspection (CEI) Services for the construction of the Water Treatment Plants 1 and 3 - Wellfield Expansion Project Phase I - Well Installation and Phase II-Construction of Raw Water Main; and the appropriate officials be authorized to execute same. (consent) SUMMARY: • The City of Clearwater (City) is in the process of expanding the wellfields for Water Treatment Plant (WTP) No. 1 and WTP 3. As part of this program the City will construct seven (7) new wells in the WTP 1 service area, six (6) new wells in the WTP 3 service area, and rehabilitate three (3) existing wells. Additionally, the City will install 30,400 linear feet of raw water transmission main ranging from six (6) to twelve (12) inches in diameter. The design phase of these projects is complete and the City is now moving into the construction phase of the project. • November 3, 2005, City Council approved the initial Work Order to McKim and Creed for the design of 10 new wells. • September 20, 2007, City Council approved Supplemental Work Order 1 to add design of 4 additional wells, the rehabilitation of three existing wells, expanding design to include a raw water main and to provide limited CEI Services. • In addition to the limited engineering support during construction in the design Work Order for Phase I and Phase II, Supplemental 2 Work Order, will provide inspection, construction administration and programming services for Phase I, and construction administration for Phase II of the project in the amount of $296,810. • The construction contract for Phase I was approved by Council on January 15, 2009 and is anticipated to be completed by January of 2011. The construction contract for Phase 11 will be going out to bid following the wells construction. • The City of Clearwater's Public Utilities Department Water Division is responsible for owning, operating and maintaining the wells and transmission main. • Sufficient budget and funding with 2009 Water and Sewer Revenue Bond proceeds is available in project 0376-96763, Wellfield Expansion, in the amount of $131,895.00 and in project 0376-96764,RO Plant Expansion, in the amount of $164,915.00 for a total of $296,810.00 for this contract. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Current Year Cost: $296,810.00 Annual Operating Cost: Not to Exceed: $296,810.00 Total Cost: For Fiscal Year: 2008 to 2009 None $296,810.00 Appropriation Code 0376-96763-561300-533-000- 0000 0376-96764-561300-533-000- 0000 Amount Appropriation Comment $131,895.00 See summary $164,915.00 See summary Cover Memo Review Approval: 1) Clerk Item # 32 Attachment number 1 Page 1 of 9 CITY OF CLEARWATER ENGINEERING DEPARTMENT McKIM & CREED ENGINEERS SUPPLEMENTAL WORK INITIATION FORM DATE: June 2009 City Project No: 07-0013-UT 1. PROJECT TITLE: WTP #1 & #3 Wellfield Expansion Additional Construction Services 2. SCOPE OF WORK: SUMMARY The City of Clearwater (City) is in the process of expanding the wellfields for Water Treatment Plant (WTP) No. 1 and WTP No. 3. As part of this program the City will construct seven (7) new wells in the WTP No. 1 service area, six (6) new wells in the WTP No. 3 service area, and rehabilitate three (3) existing wells. Additionally, the City will install 30,400 linear feet of raw water transmission main ranging from six (6) to twelve (12) inches in diameter. The design phase of these projects is complete and the City is now moving into the construction phase of the project. The Phase II Wellfield Expansion Work Authorization, dated September 21, 2007 (Phase II Work Authorization) provided for Bidding Services and Limited Construction Services for both the well installation and transmission main construction, including; attend pre-construction meeting, shop drawing review, request for information assistance, limited engineering site visits, and hydrogeologist construction observation and assistance, final walk thru, start-up assistance FDEP certification, preparation of an operation and maintenance manual, and preparation of record drawings. This Work Order will compliment the original limited construction services to provide construction management for both the well installation and raw water transmission main projects, construction observation for the wells project and programming services for all the new wells. All construction observation for the raw water transmission main project will be provided by the City of Clearwater. 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 Well Installation Additional Construction Services 1. 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 and provide Conformed Documents for use by the City and the Contractor. Provide two (2) copies and one electronic copy of the conformed plans and specifications to the City and four (4) copies of the conformed plans and specifications to the Contractor. Specifications will be bound in a three-ring binder. Item # 32 Attachment number 1 Page 2 of 9 CITY OF CLEARWATER - WTP #1 & #3 Wellfield Expansion Additional Construction Services June 2009 Page 2 4. Provide assistance to the City and the Contractor to obtain the Building Permit, including; plans, coordination meeting(s), attendance at Community Development Board Meetings, and Council technical session and general meeting. 5. M&C and Hydrogeologist will attend one (1) coordination meeting with the City to discuss the HOA meeting approach, boards or presentation. Assist with the preparation of presentation boards or Power Point to convey the topics selected at the coordination meeting (estimated at 5 boards). M&C and Hydrogeologist will attend one (1) HOA meeting at the Countryside Recreation Center to present the information to the residents. 6. Pre-construction meeting was coordinated and conducted by the City. At the conclusion of the meeting, the City prepared minutes of the meeting and distributed them to all attendees and other stakeholders. Attendance at the pre-construction meeting is included in the Phase II Work Authorization. No additional services are included for this item. 7. Coordinate the shop drawing review process, distribute reviewed shop drawings, and maintain a submittal review log. Reviewed submittals will be distributed to the Contractor and the City. Shop drawing review and response is included in the Phase II Work Authorization. An additional one (1) hour per week over the anticipated contract time of fifteen (15) months has been budgeted for coordination/administration of shop drawings for a total of sixty-five (65) additional hours. 8. Prepare, coordinate, attend, and 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. 9. Provide on-site construction observation for the well installation for a period equivalent to an average of 12 hours per week over the construction period (estimated at 65 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. This task will be complimented by the hydrogeologists on-site observation during well drilling activities included in the Phase II Work Authorization. 10. Engineering site visits are included in the Phase II Work Authorization. No additional services are included for this item. 11. 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 fifteen (15) months has been budgeted for a total of two-hundred and sixty (260) hours. 12. Coordinate, review, respond, administer and track Contractor's Request for Information (RFI). Maintain a RFI receipt/response log. Review and response to RFI's is included in the Phase II Work Authorization. An additional one (1) hour per week over the anticipated contract time of fifteen (15) months has been budgeted for coordination/administration of RFI's for a total of total of sixty-five (65) additional hours. Item # 32 Attachment number 1 Page 3 of 9 CITY OF CLEARWATER - WTP #1 & #3 Wellfield Expansion Additional Construction Services June 2009 Page 3 13. Review change requests submitted by the Contractor and make recommendations to the City. Maintain a log to track change orders and costs. Two (2) hour per week over the anticipated contract time of fifteen (15) months has been budgeted for a total of one- hundred and thirty (130) hours. 14. Review and log results of material testing for compliance with the Contract Documents. Copies of the testing results will be forwarded to the City. 15. Review Contractor's request for payment, compare request with work completed, verify accuracy and recommend appropriate action by the City. 16. Assist with each well startup by reviewing and commenting on the Contractor's procedures for placing each well into operation and provide troubleshooting assistance during the startup procedures. 17. Substantial and final walk throughs are included in the Phase II Work Authorization. No additional services are included for this item. 18. 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. Certification to FDEP is included in the Phase II Work Authorization. 19. 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. 20. Preparation of Record Drawings is included in the Phase II Work Authorization. No additional services are included for this item. Task 2 Transmission Main Additional Construction Services 1. 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. Conduct additional Geotechnical Exploration at the intersection of Landmark Drive and Enterprise Road to assess the limits of petroleum contamination identified in the original Geotechnical Investigation report. 4. Prepare and provide Conformed Documents for use by the City and the Contractor. Provide two (2) copies and one electronic copy of the conformed plans and specifications to the City and four (4) copies of the conformed plans and specifications to the Contractor. Specifications will be bound in a three-ring binder. 5. Prepare, coordinate, and administer the pre-construction meeting. At the conclusion of the meeting, M&C will prepared minutes of the meeting and distributed them to all attendees and other stakeholders. Attendance at the pre-construction meeting is included in the Phase II Work Authorization. Item # 32 Attachment number 1 Page 4 of 9 CITY OF CLEARWATER - WTP #1 & #3 Wellfield Expansion Additional Construction Services June 2009 Page 4 6. Coordinate the shop drawing review process, distribute reviewed shop drawings, and maintain a submittal review log. Reviewed submittals will be distributed to the Contractor and the City. Shop drawing review and response is included in the Phase II Work Authorization. An additional one (1) hour per week over the anticipated contract time of fifteen (9) months has been budgeted for coordination/administration of shop drawings for a total of thirty-nine (39) additional hours. 7. Prepare, coordinate, attend, and 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. 8. The City of Clearwater will provide all on-site construction observation for the raw water transmission main installation for the duration of the construction period to observe the work relating to the design requirements, verify quantities, and to review the Contractor's "As-Built" redlines. During each site visit the City's inspector will develop a report of observed activities, progress, discussions, and any identified deficiencies for the project record and copies will be provided to McKim & Creed via e-mail. 9. Engineering site visits are included in the Phase II Work Authorization. No additional services are included for this item. 10. 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. 11. Coordinate, review, respond, administer and track Contractor's Request for Information (RFI). Maintain a RFI receipt/response log. Review and response to RFI's is included in the Phase II Work Authorization. An additional one (1) hour per week over the anticipated contract time of nine (9) months has been budgeted for coordination/administration of RFI's for a total of thirty-nine (39) additional hours. 12. 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-eight (78) hours. 13. Review and log results of material testing for compliance with the Contract Documents. Copies of the testing results will be forwarded to the City. 14. Review Contractor's request for payment, compare request with work completed, verify accuracy and recommend appropriate action by the City. 15. Substantial and final walk throughs are included in the Phase II Work Authorization. No additional services are included for this item. 16. Engineers Certification for submittal to FDEP is included in the Phase II Work Authorization. No additional services are included for this item. Item # 32 Attachment number 1 Page 5 of 9 CITY OF CLEARWATER - WTP #1 & #3 Wellfield Expansion Additional Construction Services June 2009 Page 5 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. Preparation of Record Drawings is included in the Phase II Work Authorization. No additional services are included for this item. Task 3 WTP Radio Telemetry Operations and Programming Services Wellfield Telemetry Additions - Provide services to include the programming of the PLC controls at each remote well site and the addition of monitoring, control and historical data at each Water Treatment Plant. The Contractor shall be responsible to install, calibrate and test all equipment, instruments and radio communication paths as described in the project specifications. Once the Contractor has completed all testing and demonstrated the system performance, the programming for the well station will be provided. Documentation indicating successful radio communications with adequate parameter results shall be submitted by the Contractor for review. A. Provide programming of the PLC added at each of the 14 remote well sites. This includes Wells No. 1-1, 1-2, 1-3, 1-4, 1-5, 3-1, 3-2, 3-3, 3-4, 3-5, 51 R, 79 and 80. Well No. 23 is an existing well that will not require initial programming. Initial programming for Wells No. 68 and 69 are addressed under a separate project. B. Provide polling routines and data manipulation programming of the master PLC at WTP No. 1 for Wells 1-2, 1-2, 1-3, 1-4, 1-5, 51 R and 80 and WTP3 for wells 3-1, 3-2, 3-3, 3-4, 3-5 and 79. C. Modify existing Citect HMI SCADA software to incorporate changes to the systems at WTPs 1, 2 and 3 including: 1. Configure the SCADA interfaces for each well. 2. Add/modify the Citect screens for monitoring of each station. 3. Add station alarms to the HMI alarm system and the WIN 911 system. 4. Add data points to the historical data collection for trending and reporting purposes. 5. Modify existing system reports to include the additional stations. D. Incorporate new data collected at the HMI into the Plant2Business / SQL Server. E. Coordinate and work with the project Contractor for testing of radio communications, local operation and remote monitoring, controls and reporting. Remote control will include adjustment capability equal to existing wells including flow, set points, on/off control, etc. 2. Operational Protocol Development - Define a new operational protocol to modify raw water system and Water Treatment Plant operations as impacted by the addition of the new raw water wells. A. The details of the Operational Protocol will be defined in meetings with the Owner. Item # 32 Attachment number 1 Page 6 of 9 CITY OF CLEARWATER - WTP #1 & #3 Wellfield Expansion Additional Construction Services June 2009 Page 6 B. Up to 80 hours of programming services will be provided for the modification of existing PLC and HMI control schemes to reflect changes in the operating protocol. C. A Control Narrative will be produced from the results of the meeting and programming which will define the operating conditions for the raw water wellfield and WTP. 3. Wellfield Data Modifications and Additions - Provide programming modifications for both new and existing wells to enhance the historical operating data available at each location. This shall include: A. PLC programming for the addition of locally accumulated flow, runtime and start count totals for today, yesterday and cumulative at each well location. B. HMI programming to add this information to the database and provide information in a tabular graphical format. C. Addition of these values to the HMI trending and Plant2Net system for historical data collection. D. Update and modification of the existing HMI and SQL reports used by the operating staff to reflect the above new data. 3. PROJECT GOALS - WORK PRODUCTS: Tasks 1 & 2 • Pre-construction meeting minutes (Raw Water Mains only) • Progress meeting minutes • Pay Applications • Shop Drawings/log • RFI responses/logs • Changes Order responses/logs • Copies of correspondence • Observation Reports • Substantial and Final Punch Lists • Final Inspection and Certification of Completion (Phase II WA) • Well Installation Record Drawings (Phase II WA) • Transmission Main Record Drawings (Phase II WA) • Project Close-out Task 3 • Programming of PLCs at remote well and master (WTP) locations • Citect Screens and other HMI software for WTP 1 and 3 wells at WTPs No. 1, 2 and 3. • Implementation of new data points for Plant2Net and SQL Server applications. • Update of existing reports to reflect additional wells. • Control Narrative Documentation. • Operational Training 4. BUDGET The Additional Construction 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. Item # 32 Attachment number 1 Page 7 of 9 CITY OF CLEARWATER - WTP #1 & #3 Wellfield Expansion Additional Construction Services June 2009 Page 7 WTP No. 1 WTP No. 3 Task 1 - Well Installation Additional Construction Services $ 90,495.00 $ 90,495.00 Task 2 - Transmission Main Additional Construction Services $ 49,530.00 $ 16,510.00 Task 3 - Radio Telemetrv Operations and Proarammina Services $ 24.890.00 $ 24.890.00 Sub-Totals $164,915.00 $131,895.00 5 6 7 Total Additional Construction Services SCHEDULE McKim & Creed will provide the services outlined herein in accordance with schedule for the construction of the wells and well heads (a duration of calendar days) and the raw water transmission pipelines (a duration of calendar days). STAFF ASSIGNMENTS: $ 296,810.00 the Contractor's 450 consecutive 270 consecutive City: Lan-Anh Nguyen, PE McKim & Creed: Construction - Mitch Chiavaroli, PE; & Joe Resendes, CCCA McKim & Creed: Programming - Mike Tweedel, Eric Brown, Nicole Humphrey CORRESPONDENCE/REPORTING PROCEDURES: All City correspondence shall be directed to Lan-Anh Nguyen, P.E. All McKim & Creed construction correspondence shall be directed to Mitch Chiavaroli, P.E. All McKim & Creed programming correspondence shall be directed to Mike Tweedel, P.E. 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 0376-96764-561300-533-000-0000 WTP #1 - Well Installation 0376-96763-561300-533-000-0000 WTP #3 - Well Installation 0376-96764-561300-533-000-0000 WTP #1 - Transmission Pipeline 0376-96763-561300-533-000-0000 WTP #3 - Transmission Pipeline 0376-96764-561300-533-000-0000 WTP #1 - Programming 0376-96763-561300-533-000-0000 WTP #3 - Programming Item # 32 Attachment number 1 Page 8 of 9 CITY OF CLEARWATER - WTP #1 & #3 Wellfield Expansion Additional Construction Services June 2009 Page 8 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, City Engineer City of Clearwater Date: Date: PE Item # 32 Attachment number 1 Page 9 of 9 CITY OF CLEARWATER - WTP #1 & #3 Wellfield Expansion Additional Construction Services June 2009 Page 9 ,'Clearwater 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.mahonv@clearwater-fl.com ? All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 32 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date:7/16/2009 Approve the Engineer of Record (EOR) contract with the following firms for a period of three years commencing August 12, 2009: ADVANCED ENGINEERING and DESIGN, INC.; BILLERREINHART STRUCTURAL GROUP, INC.; CUMBY and FAIR, INC.; HDR ENGINEERING, INC.; JONES EDMUNDS ASSOCIATES, INC.; KING ENGINEERING ASSOCIATES, INC.; KISINGER CAMPO and ASSOCIATES, CORP.; LEGGETTE, BRASHEARS and GRAHAM, INC.; H. W. LOCHNER, INC.; MALCOLM PIRNIE, INC.; MCKIM and CREED, PA; POST, BUCKLEY, SCHUH and JERNIGAN; REISS ENGINEERING, INC.; SAM SCHWARTZ ENGINEERING; SDI ENVIRONMENTAL SERVICES, INC.; SHAW ENVIRONMENTAL and INFRASTRUCTURE, INC.; TETRA TECH, INC.; TBE GROUP, INC.; URS CORPORATION; and VANUS, INC. SUMMARY: On April 17, 2009 Requests for Qualifications (RFQ12-09) were solicited from area consulting engineering firms to serve as Engineers of Record for the City for a three year period. Fifty responses were received. A nine member City selection committee reviewed each of the submittals. The firms were evaluated in terms of local community involvement, ability to expeditiously complete assignments, quality of response, prior municipal experience and quality control. On June 12, 2009 the selection committee met to short-list the firms that the City wished to select as Engineers of Record and to determine those firms to make verbal presentations. On June 25 and 26, 2009 verbal presentations were heard by the committee and final selections as listed above were made. The firms were selected based upon their ability to complete projects in the following disciplines: construction, environmental, hydrogeology, potable water, reclaimed water, roads, sanitary sewer, stormwater, structural analysis, traffic and transportation. Entering into agreements with these firms will enable the City to continue to utilize the well qualified firms to complete engineering projects over the next three years. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) Clerk Other None Budget Adjustment: Annual Operating Cost: Total Cost: to None Cover Memo Item # 33 Attachment number 1 Page 1 of 16 EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into on the day of , 2009 by and between the city of Clearwater, Florida (CITY) and , (CONSULTANT). WITNESSETH: WHEREAS the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS the CONSULTANT desires to provide such professional services in accordance with this Agreement; and WHEREAS the CITY selected the CONSULTANT in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information and representations given by the CONSULTANT in a Statement of Qualifications dated May 27, 2009: NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. 0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the CONSULTANT to the CITY will be that of a professional consultant, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable engineering or area of expertise practices and ethical standards. Item # 33 Attachment number 1 Page 2 of 16 2. 0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY toward solutions to engineering problems and the approach or technique to be used toward accomplishment of the CITY's objective for each project or assignment. The CONSULTANT'S services shall include developing and presenting advisory opinions regarding the usefulness and continued profitability of Water, Sewer and Stormwater Utility System facilities, the sufficiency of the rates and charges for the System services, the proper maintenance of the elements of the System and the design of capital improvements thereto; roads, drainage, structural analysis, transportation, traffic, environmental and gas systems. Representative assignment areas are expected to include, but not be limited to, planning, studies or design services as listed below: 1. Preparation of construction drawings, specifications and bid documents for public works projects, including but not limited to: • structural engineering elements • streets and roadways, including intersection improvements • parking facilities • utility infrastructure, including water, wastewater, natural gas, storm water and reused water 2. land surveying activities, including title search, aerial target placement, topographic surveys, right-of-way surveys, preparation of right-of-way control surveys, preparation of right-of-way mapping/parcel descriptions/parcel sketches 3. architectural services 4. transportation improvement planning and studies, including Project Development & Environment (PD&E) studies 5. appraisals of land under consideration for acquisition by the CITY 6. traffic operations activities, including traffic signal warrant analysis, safety studies, preparation of traffic signal construction documents, preparation of pavement marking & signing plans, assistance as needed with the implementation of timing plans for and the operation of the City's Urban Traffic Signal Computer System 7. hazardous materials investigations, mitigation/remediation plans and associated tasks 8. management of construction contracts 9. review and assessment of the applicability of design/build contracts for various CITY improvements 10. development/preparation of grant applications for CITY projects 11 . preparation of permit application packages, including water, waste water, surface water management, National Pollution Discharge Elimination System (NPDES), and wetland impacts: assistance in meeting regulatory and grant requirements, permitting and preparation of permit documents and representation of the CITY before appropriate regulatory bodies 12. environmental audits, including evaluation of hazardous materials potential, archeological or historical resources, impacts to threatened or endangered species 13. hydraulic/hydrologic modeling of streams, watersheds, aquifers, etc. 14. development of wetland mitigation plans, including compliance monitoring Item # 33 Attachment number 1 Page 3 of 16 15. water quality monitoring, including report preparation 16. preparation and implementation of public involvement programs, including graphics (presentation boards, slides, handouts, etc.) 17. studies related to stormwater management, master planning, design and financing, including stormwater utility feasibility and implementation 18. studies related to rates, user charges and impact upon various agreements between the CITY and its customers, suppliers and consultants 19. studies of recreational facility improvements, including expansion or improvements to existing facilities as well as development of new facilities: includes possible preparation of construction documents (including permits) and construction management 20. aviation services, including master planning and design of planned improvements 21. preparation of traffic calming plans 22. landscape and irrigation design 23. construction engineering and inspection 24. other work as may be reasonably required under the general scope of professional and technical engineering or other area of expertise services in connection with the CITY's public works/engineering system. 2.2 The CONSULTANT'S services under this Agreement will be provided under Work Orders, Generally, each Work Order will include the services for a single project or assignment, and it will contain a mutually agreed-upon detailed scope of work, fee, and schedule of performance in accordance with applicable fiscal and budgetary constraints. Total compensation for all services shall not exceed $100,000 per Work Order unless specifically authorized by the City Council. 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required professional services hereunder, and shall diligently execute the work to meet the completion time established. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 3. 0 PERIOD OF SERVICE 3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed copy of each Work Order, in accordance with Paragraph 2.2, above. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the CONSULTANT'S services called for under any Work Order are delayed for reasons beyond the CONSULTANT'S control, the time of performance shall be adjusted as appropriate. Item # 33 Attachment number 1 Page 4 of 16 3.3 It is the intent of the parties hereto that this Agreement continue in force until three (3) years from the date of execution, subject to the provisions for termination contained herein. Assignments that are in progress at the Contract termination date will be completed by the CONSULTANT unless specifically terminated by the CITY. 4. 0 INSURANCE REQUIREMENTS See Exhibit "B" attached. 5.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE NEGOTIATION ACT (CCNA) - Florida Statue 287.055 Professional Services requested in this RFP are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 6.0 GENERAL CONSIDERATIONS 6.1 All documents including field books, drawings, specifications, calculations, etc., supplied by the CONSULTANT shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at the CITY's sole risk without liability or legal exposure to the CONSULTANT. 6.2 When authorized, the CONSULTANT shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other prebid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. Should the lowest, responsive and acceptable bid price received by the CITY within three (3) months from the date of the CITY's approval of the bid documents exceed the CONSULTANT'S final cost estimate by more than ten percent (10%), the CONSULTANT shall perform a detailed evaluation of the low bid. The evaluation will review the bid prices on a line item basis, identifying areas of disagreement and providing a rationale for the difference. 6.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the CONSULTANT describing the services desired and providing a basis for compensation to the CONSULTANT. 6.4 Upon the CONSULTANT'S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary. Item # 33 Attachment number 1 Page 5 of 16 6.5 The CITY and the CONSULTANT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer its interest in this Agreement without written consent of the other. 6.6 The CONSULTANT hereby agrees to indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. It is specifically understood and agreed, however, that this indemnification agreement does not cover or indemnify the CITY for its own negligence. The CONSULTANT hereby further agrees to indemnify and hold harmless the CITY from any and all fines, costs, and expenses caused by, directly or indirectly, with the CONSULTANT'S failure to comply with any applicable laws, statutes, ordinances, or government regulations. 6.7 The CONSULTANT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 6.8 Key personnel assigned to CITY projects by the CONSULTANT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified in the submitted Statement of Qualifications. 6.9 The CONSULTANT shall attach a brief status report on the project(s) with each request for payment. 7.0 COMPENSATION 7.1 The CONSULTANT shall be compensated for all services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of CONSULTANT'S invoice. An hourly rate schedule and typical methods of compensation are attached hereto as Exhibit "C". 7.2 Except as may be addressed in the initiating Work Order, the compensation for services shall be invoiced by the CONSULTANT and paid by the CITY once each month. Such invoices shall be due and payable within 30 days of receipt. 7.3 The CONSULTANT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost plus fixed fee work assignments upon request of the CITY. Item # 33 Attachment number 1 Page 6 of 16 8.0 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 9.0 TERMINATION This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 10.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the CONSULTANT shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. This Agreement shall be administered and interpreted under the laws of the State of Florida. 11.0 TERMINATION OF CONVENIENCE Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid for services rendered through the date of termination. Item # 33 Attachment number 1 Page 7 of 16 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. Countersigned: Frank Hibbard Mayor-Councilmember Approved as to form and correctness: Camilo Soto Assistant City Attorney By: By: WITNESS: By: CITY OF CLEARWATER William B. Horne, II City Manager ATTEST: By: Cynthia E. Goudeau City Clerk Item # 33 Attachment number 1 Page 8 of 16 EXHIBIT "B" RISK MANAGEMENT / INSURANCE REQUIREMENTS FOR AGREEMENTS AND CONTRACTS STATEMENT OF PURPOSE The City of Clearwater enters into agreements and contracts for services and/or products of other parties. Agreements and contracts shall contain Risk Management/Insurance terms to protect the City's interests and to minimize its potential liabilities. Whenever applicable, the following terms shall be included in agreements and contracts. CITY DEFINED The term "City" (wherever it may appear) is defined to mean the City itself, its Council, the Community Redevelopment Agency of the City of Clearwater, a Florida governmental agency created pursuant to Part III, Chapter 163, Florida Statutes, its duly appointed officers, or other public bodies, officers, employees, volunteers, representatives and agents. OTHER PARTY DEFINED The term "other party" (wherever it may appear) is defined to mean the other person or entity which is a party to an agreement or contract with the City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents, contractors, and subcontractors. HOLD HARMLESS The City shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss of use resulting therefrom, arising out of the agreement or contract unless such claims are a result of the City's sole negligence. PAYMENT ON BEHALF OF CITY The other party agrees to pay on behalf of the City, and to pay the cost of the City's legal defense, as may be selected by the City, for claims or suits arising from the fault of the other party or other persons employed or utilized by the other party in the performance of the contract. Such payment on behalf of the City shall be in addition to any and all other legal remedies available to the City and shall not be considered to be the City's exclusive remedy. INSURANCE Item # 33 Attachment number 1 Page 9 of 16 The other party shall provide the following described insurance, except for coverage's specifically waived by the City, on policies and with insurers acceptable to the City. These insurance requirements shall not limit the liability of the other party. The City does not represent these types or amounts of insurance to be sufficient or adequate to protect the other party's interests or liabilities, but are merely minimum. Except for Workers' Compensation and Professional Liability, the other party's insurance policies shall be endorsed to name the City as an additional insured to the extent of the City's interests arising from this contract or agreement. Except for Workers' Compensation, the other party waives its right of recovery against the City, to the extent permitted by its insurance policies. The other party shall request that its insurers' policies include or be endorsed to include a severability of interest/cross liability provision so the City will be treated as if a separate policy were in existence without increasing the policy limits. The other party's deductibles/self-insured retentions shall be disclosed to the City and may be disapproved by the City. They shall be reduced or eliminated at the option of the City. The other party is responsible for the amount of any deductible or self-insured retention. Workers' Compensation Coverage The other party shall purchase and maintain Workers' Compensation Insurance for all workers compensation obligations imposed by state law and employers liability limits of at least $100,000 each accident and 100,000 each employee/$500,000 policy limit for disease. The other party shall also purchase any other coverage's required by law for the benefit of the employees. General, Automobile and Excess or Umbrella Liability Coverage The other party shall purchase and maintain coverage on forms no more restrictive than the latest editions of the Commercial or Comprehensive General Liability and Business Auto policies of the Insurance Services office. Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies (including employers liability required in the Workers' Compensation Coverage section) and the total amount of coverage required. Item # 33 Attachment number 1 Page 10 of 16 Commercial General Liability If Commercial General Liability coverage is provided: Coverage "A": Shall include premises, operations, products and completed operations, independent contractors, contractual liability covering this agreement or contract, and broad form property damage coverage's. Coverage "B": Shall include personal injury. Coverage "C": Medical payments are not required. Occurrence Form: The occurrence form of Commercial General Liability must be provided. Comprehensive General Liability If Comprehensive General Liability coverage is provided it shall include at least: • Bodily injury and property damage liability for premises, operations, products/completed operations, independent contractors, and property damage resulting from explosion, collapse or underground (x,c,u) exposures. Broad Form Comprehensive General Liability coverage, or its equivalent, with at least: $1,000,000.00 • Broad form contractual liability covering this agreement or contract, personal injury liability and broad form property damage liability. Products/Completed Operations Coverage The other party is required to continue to purchase products contract or agreement, for a minimum of three years (3) beyond the City's acceptance of renovation or construction projects. Business Auto Liability Business Auto Liability coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. Item # 33 Attachment number 1 Page 11 of 16 Watercraft/Aircraft Liability If the other party's provision of services involves utilization of watercraft or aircraft, watercraft and/or aircraft liability coverage must be provided to include bodily injury and property damage arising out of ownership, maintenance or use of any watercraft or aircraft, including owned, non- owned and hired. Excess or Umbrella Liability Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed. Whichever type of coverage is provided, it shall not be more restrictive than the underlying insurance policy coverage's. CERTIFICATES OF INSURANCE Required insurance shall be documented in Certificates of Insurance that provide that the City shall be notified at least thirty (30) days in advance of cancellation or non-renewal. Consultant shall be required to provide City with notice of any adverse change. New Certificates of Insurance are to be provided to the City at least fifteen (15) days prior to coverage renewals. If requested by the City, the other party shall furnish complete copies of the other party's insurance policies, forms, and endorsements. The address where all such Certificates of Insurance and policies of insurance, when requested, shall be sent or delivered is as follows: City of Clearwater Attention: City Clerk P.O. Box 4748 Clearwater, Florida 33758-4748 For Commercial General Liability coverage, the other party shall, at the option of the City, provide an indication of the amount of claims payments or reserves chargeable to the aggregate amount of liability coverage. Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its representatives, that indicate less coverage than required does not constitute a waiver of the other party's obligation to fulfill the insurance requirements herein. INSURANCE OF THE OTHER PARTY PRIMARY Insurance required of the other party or any other insurance of the other party shall be considered primary, and insurance of the City shall be considered excess, as may be applicable to claims that arise out of the Hold Harmless, Payment on Behalf of City, Insurance, and Additional Insurance and Certificates of Insurance provisions of this agreement or contract. Item # 33 Attachment number 1 Page 12 of 16 LOSS CONTROL / SAFETY Precaution shall be exercised at all times by the other party for the protection of all persons, including employees, and property. The other party shall be expected to comply with all applicable laws, regulations, or ordinances related to safety and health and shall make special efforts where appropriate to detect hazardous conditions and shall take prompt action where loss control/safety measures should reasonably be expected. The City may order work to be stopped if conditions exist that present immediate danger to persons or property. The other party acknowledges that such stoppage will not shift responsibility for any damages from the other party to the City. CONSIDERATION FOR HOLD HARMLESSMAYMENT ON BEHALF Applicable to Florida Construction Contracts The other party agrees to accept, and acknowledges as an adequate amount of remuneration, the consideration of $100.00 for agreeing to the Hold Harmless, Payment on Behalf of City, Insurance and Certificates of Insurance provisions in this agreement or contract. ADDITIONAL INSURANCE FOR REPAIR OR SERVICE OR OTHER CONTRACTS If checked below, the City requires the following additional provisions or types of insurance for repair or service or other contracts to afford added protection against loss which could affect the work being performed. Commercial General Liability Increased General Aggregate Limit The minimum commercial general liability general aggregate limit shall be $1,000,000.00 that is greater than the occurrence limit simply because it is an annual aggregate limit. Installation Floater Insurance Installation Floater insurance is to be provided to cover damage or destruction to equipment being installed or otherwise being handled or stored by the other party. The amount of coverage should be adequate to provide full replacement value of the equipment being installed, otherwise being handled or stored on or off premises. All risks coverage is preferred. Motor Truck Cargo Insurance If the Installation Floater insurance does not provide transportation coverage, separate Motor Truck Cargo or Transportation insurance is to be provided for materials or equipment transported in the other party's vehicles from place of receipt to building sites or other storage sites. All risks covered are preferred. Item # 33 Attachment number 1 Page 13 of 16 Contractor's Equipment Insurance Contractor's Equipment insurance is to be purchased to cover loss of equipment and machinery utilized in the performance of work by the other party. All risks coverage is preferred. Fidelity/Dishonesty Insurance - Coverage for Employer Fidelity/Dishonesty insurance is to be purchased to cover dishonest acts of the other party's employees, including but not limited to theft of vehicles, materials, supplies, equipment, tools, etc.; especially property necessary to work performed. Fidelity/Dishonesty/Liability Insurance - Coverage for City Fidelity/Dishonesty/Liability insurance is to be purchased or extended to cover dishonest acts of the other party's employees resulting in loss to the City. ADDITIONAL INSURANCE FOR RENOVATION OR CONSTRUCTION CONTRACTS If checked below, the City requires the following types of insurance for renovation or construction contracts, in addition to required coverage's previously cited, including Additional Insurance for Repair or Service or Other Contract. Commercial General Liability Proiect Aggregate Because the Commercial General Liability form of coverage includes an annual aggregate limitation on the amount of insurance provided, a separate project aggregate limit is required by the City for this contract or agreement. Owners Protective Liability For renovation or construction contracts the other party shall provide for the City an Owners Protective Liability insurance policy (preferably through the other party's insurer) in the name of the City. Builders Risk Builders Risk insurance is to be purchased to cover the property for all risks of loss, subject to a waiver of coinsurance, including coverage of risks indicated in the Installation Floater and Motor Truck Cargo insurance previously described if such coverage's are not separately provided. The Builders Risk insurance is to be endorsed to cover the interests of all parties, including the City and all contractors and subcontractors. The insurance is to be endorsed to grant permission to occupy. Item # 33 Attachment number 1 Page 14 of 16 PROFESSIONAL LIABILITY, MALPRACTICE AND/OR ERRORS OR OMISSIONS If checked below, the City requires the following terms and types of insurance for professional, malpractice, and errors or omissions liability. X Hold Harmless The following replaces the previous Hold Harmless wording: The City shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss of use resulting therefrom arising out of performance of the agreement or contract, unless such claims are a result of the City's own negligence. The City shall also be held harmless against all claims for financial lost with respect to the provision of or failure to provide professional or other services resulting in professional, malpractice, or errors or omissions liability arising out of performance of the agreement or contract, unless such claims are a result of the City's own negligence. X Professional Liability/Malpractice/Errors or Omissions Insurance The other party shall purchase and maintain professional liability or malpractice or errors or omissions insurance appropriate for the type of business engaged in by the other party with minimum limits of $1,000,000 per occurrence. If a claim's made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. WRITTEN AGREEMENT/CONTRACT Any party providing services or products to the City will be expected to enter into a written agreement, contract, or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to do so, may, at the sole discretion of the City, disqualify any party from performing services or selling products to the City provided; however, the City reserves the right to waive any such requirements. Item # 33 Attachment number 1 Page 15 of 16 EXHIBIT "C" PROVISION OF PAYMENT BASIS FOR PAYMENT The owner shall pay CONSULTANT and CONSULTANT agrees to accept as full compensation for its services (as established by Work Order) compensation as computed by one of the following methods: Method "A" - Costs Times Multiplier Basis - Compensation in the form of actual costs times a multiplier as determined by the following formula: Actual raw Salary Cost x Multiplier + Subconsultant Cost + Other Direct Costs. Multiplier includes fringe benefit rate, overhead, operating margin and profit and is subject to annual review. Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on billing rates for required labor classifications. Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying, long distance telephone calls, etc., times a factor of 1.00. Method "B" - Lump Sum - Compensation in the form of "lump sum" shall be determined by mutual agreement between the CONSULTANT and the City. The lump sum amount shall be negotiated based upon a scope of services developed by the CONSULTANT and approved by the City. ESTIMATES FOR ACTUAL DIRECT PAYROLL COST (EXCLUDING OVERHEAD, FRINGE BENEFITS AND OPERATING MARGIN) The estimated hourly rates below represent July 2009 costs and categories. Periodic changes are anticipated and modification can be made annually upon City and CONSULTANT review. (Note: All rates are hourly salary rates). Item # 33 Attachment number 1 Page 16 of 16 CITY OF CLEARWATER ENGINEER OF RECORD RFQ 12-09 2009 DIRECT HOURLY RATES Job Classification Minimum Rate ($ / hour) Typical Maximum Senior Vice President Vice President/Officer-in-Charge Project Manager/Associate Principal Construction Manager Construction Engineer Senior Engineer/Scientist Engineer/Scientist (III-IV) Engineer/Scientist (I-III) Planner Landscape Architect Field Technician Senior Designer Drafter/CADD Operator Operations Specialist Fiscal/Accounting Administrative/Clerical MULTIPLIER:. Item # 33 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Recognition for John Wiser SUMMARY: Meeting Date:7/16/2009 Review Approval: 1) Clerk Cover Memo Item # 34 Attachment number 1 Page 1 & 2 RESQI61 wTION NO, 97--42 4. 41. 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'T2`' P 'j v& v or MPH., t'?n k *04 Attachment number 1 Page 2 & 2 IR the event ?. I.L . ?' >},?, ., . ho nor of an thtS GdO 3WK?4, "srwt ,,{cj of local IrT Pc'nai°lce #"eame 1;l€ Ir, of 'f?,Aa'ie c1l, rtahomi i,v p ar'01JI)d the tc *Rk Fl F`. e?tt3 v". ! d4' '.;?iq'3 1 Board w1i c*6^Iduct Fain adv, '! ?e_d publt cP1 qp 33tw+uP w The on Wi Ci.a't',eP A,?a d i1"i L ? ° < <P •a ? I ??'t? ? C? r ? o::.I'_'a1vv"d 1i r- ii the PUM haL°a(Cng, the Pat*,' and iRof l-d V1 -ail s r?I? ?f??*'p?`??:?'??4?,?1?Eai ?un ??!Ie ?:;nt py;?tf??wJ now t??- a'? d shall pio do tK ..;;'i?mit q :.,'kN rh'n vetwi„r tin ?i all take "QZ4'o imrYdoO.i,?". !`e lSb. *ia"phl 1 ? S V 'D A .} Akin CYAQ, E Now aw, 4704 04,' i ' C Item # 34 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Meeting Date:7/16/2009 Review Approval: 1) Clerk Cover Memo Item # 35