09/14/2009
WORK SESSION AGENDA
Council Chambers - City Hall
9/14/2009 - 1:00 PM
1. Presentations
1.1 Service Awards
Attachments
2. Office of Management and Budget
2.1 Adopt Ordinance 8099-09 on second reading, declaring the millage rate to be levied for fiscal year
beginning October 1, 2009 and ending September 30, 2009, for operating purposes including the funding
of pensions, debt service and road maintenance for capital improvement expenditures at 5.1550 mills.
Attachments
2.2 Adopt Ordinance 8100-09 on second reading, adopting an operating budget for the fiscal year beginning
October 1, 2009 and ending September 30, 2010: authorizing the City Manager to issue such instructions
that are necessary to achieve and accomplish the service programs so authorized; authorizing the City
Manager to transfer monies and programs among the departments and activities within any fund as
provided by Chapter 2 of the Clearwater Code of Ordinances.
B Attachments
2.3 Adopt Ordinance No. 8101-09 on second reading, adopting the Capital Improvement Program budget for
the fiscal year beginning October 1, 2009 and ending September 30, 2010; approving the six-year Capital
Improvement Program which shall be reevaluated at the beginnning of each fiscal year; authorizing the
City Manager to issue such instructions that are necessary to achieve and accomplish the capital
improvements so authorized; authorizing the City Manager to transfer money between projects in the
Capital Improvement Program; appropriating available and anticipated resources for the projects
identified.
Attachments
2.4 Amend the City's fiscal year 2008/09 Operating and Capital Improvement Budgets at Third Quarter and
pass Ordinances 8102-09 and 8103-09 on first reading.
Attachments
3. Economic Development and Housing
3.1 Approve a one-year funding agreement, in the amount of $150,000 between Jolley Trolley Transportation
of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on
Clearwater Beach, Island Estates and Sand Key and authorize the appropriate officials to execute same.
(consent)
Attachments
3.2 Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of
Commerce (CRCC) for tourism services in Fiscal Year 2009-2010 in return for funding in the amount of
$190,000 and authorize the appropriate officials to execute same. (consent)
Attachments
4. Fire Department
4.1 Review and provide direction on the October 1, 2009 Emergency Medical Services ALS First Responder
Agreement between Pinellas County and City of Clearwater.
Attachments
5. Financial Services
5.1 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)
Aanchmcnts
5.2 Approve a not to exceed amount of $400,000, to pay Gallagher Bassett Services, Inc., for workers'
compensation claims due and payable for the period October 1, 2009 through September 30, 2010.
(consent)
Attachments
5.3 Approve payment of insurance premiums up to $600,000, with effective dates beginning October 1, 2009
through September 30, 2010, and authorize the appropriate officials to execute same. (consent)
Attachments
6. Gas System
6.1 Award Bid 26-09 to Mastec North America, Incorporated, 7221 East Martin Luther King Jr. Boulevard
Tampa, Florida 33619, for the period October 1, 2009, to September 30, 2010, for the Installation of Gas
Mains and Service Lines and approve a Purchase Order in the amount of $960,000. (consent)
Attachments
6.2 Approve the deferral and amortization of the Gas Supply Acquisition Project No. 2 termination payment
received August 7, 2009, from Florida Gas Utility in the amount of $4,151,418.62, plus accrued interest
earnings over the remaining term ending September 30, 2026, and authorize the City Manager to adjust
the annual transfer amount and/or remaining term to mitigate abnormal swings in the gas supply market.
(consent)
Attachments
7. Human Resources
7.1 Authorize a purchase order for payment of premiums under the City's "I%" Life Insurance program for
the continuation of life insurance plans with New York Life Insurance in the amount of $140,000 for the
fourteen month period from September 1, 2009, to October 31, 2010. (consent)
Attachments
8. Information Technology
8.1 Award a contract (Purchase Order) to Verizon, Florida, Inc., Saint Petersburg, Florida for telephone
service including frame relay service, T1's, credit/collect calls, backup trunks, VADI circuit, and DSL
high bandwidth services during the period October 1, 2009 to September 30, 2010, at a cost not to exceed
$372,170, in accordance with Sec. 2.564 (1)(e), Code of Ordinances, and authorize the appropriate
officials to execute same (consent).
Attachments
8.2 Award a contract (Purchase Order) to State of Florida, Department of Management Services, Tallahassee,
Florida for Suncom long distance overflow service, State AIN Centranet lines, and toll free lines during
the period October 1, 2009 to September 30, 2010, at a cost not to exceed $143,150 in accordance with
Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 730-000-09-1, and authorize the appropriate
officials to execute same. (consent)
Attachments
8.3 Award a contract (Purchase Order) to Oracle USA Inc., Chicago, Illinois for the period October 1, 2009
through September 30, 2010 for database maintenance at a cost not to exceed $189,000 in accordance
with Sec. 2.564 (1)(b), Code of Ordinances, and authorize the appropriate officials to execute same
(consent).
B Attnchments
9. Marine and Aviation
9.1 Amend the Joint Participation Agreement (JPA) AOU60, Supplemental Number 02, between the City of
Clearwater and the State of Florida Department of Transportation (FDOT) to construct a new multi plane
hangar(s) at the Clearwater Airpark, and adopt Resolution 09-34.
Attachments
10. Police
10.1 Approve an agreement between the Florida Commission on Community Service and the City of
Clearwater renewing the AmeriCorps Clearwater program for the period of January 1, 2010 through
December 31, 2010, including a cash match in the amount of $78,200, and authorize the appropriate
officials to execute same. (consent)
Attachments
10.2 Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of
$135,323.37, for a 12-month period beginning October 1, 2009 and ending September 30, 2010 and
authorize the appropriate officials to execute same. (consent)
Attachments
11. Solid Waste/General Support Services
11.1 Award contract by purchase order to Angelo's Recycled Materials, Consolidated Resource Recovery Inc.,
and Waste Management Inc. of Florida for operating expenditures of $790,000 for the disposal of solid
waste at the sites operated by the three vendors listed above for the period October 1, 2009 through
October 31, 2010 as provided in the City's Code of Ordinances, Section 2.561, and authorize the
appropriate officials to execute same. (consent)
Attachments
11.2 Award a contract by purchase order to Pinellas County Solid Waste for an operating expenditure of
$4,200,000 for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill for the
period October 1, 2009 through October 31, 2010 as provided in the City's Code of Ordinances, Section
2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate officials to
execute same. (consent)
Attachments
11.3 Rescind Article VII, Solid Waste Management, Sections 32.272(4) and Section 32.288 and pass ordinance
8106-09 on first reading.
Attachments
12. Public Utilities
12.1 Approve the amendment of the Capital Improvement Program (CIP) for Water and Sewer by reducing
CIP budgets by $12,000,000 of water and sewer revenue. (consent)
Attachments
13. Engineering
13.1 Approve the applicant's request to vacate the 40-foot drainage and utility easement lying along the west
property line of Lot 1, Clearwater "19" Commerce Center, (aka 22067 U.S. 19 North), and pass Ordinance
8084-09 on first reading. (VAC2009-04 Kunnen)
Attachments
13.2 Update the 2004 Floodplain Management Plan; transmit the plan to the Federal Emergency Management
Agency as required by the National Flood Insurance Program's Community Rating System; authorize the
City Manager to initiate activities recommended in the Floodplain Management Plan; and adopt
Resolution 09-37.
Attachments
13.3 Approve the second amendment to the Alligator Creek Implementation Projects, Phase II (L054)and
authorize the appropriate officials to execute same. (consent)
Attachments
13.4 Approve the final plat for "Varsity Estates," physical address is 2400 Varsity Drive and is approximately
1200 feet West of Old Coachman Road and 800 feet North of Sharkey Road. (consent)
Attachments
13.5 Accept a 35 foot perpetual Drainage and Utility Easement and a 20 foot Temporary Construction
Easement over, under and across portions of Government Lot 2, Section 20, Township 29 South, Range
16 East, as more particularly described therein, conveyed by G and I VI Bay Cove, LLC, a Delaware
limited liability company, each given in consideration of receipt of $1.00 and the benefits to be derived
therefrom. (consent)
Attachments
13.6 Discussion of the Pinellas County Draft Landscape Maintenance Fertilizer Use Ordinance
B Attachments
13.7 Determine that continued City ownership of an 18.18 acre portion of Hillsborough County parcel U-19-
27-ZZZ-000000-13530.0, together with access from Patterson Road, no longer serves a valid public
purpose; declare said parcel as surplus for the purpose of selling, and authorize advertising for bid in the
minimum amount of $240,000 net, less costs of recording corrective instruments, if any, pursuant to
Invitation For Bid 23-09.
Attachments
13.8 Accept a 120 square foot Water Main and Utilities Easement over, under and through a portion of the
Southeast 1/4 of Section 29, Township 28 South, Range 16 East conveyed by the School Board of
Pinellas County, Florida, in consideration of receipt of $1.00 and the benefits to be derived therefrom.
(consent)
Attachments
14. Planning
14.1 Approve amendments to the Community Development Code to create a new resort attached dwellings use
in the Tourist District, and to establish criteria addressing accessory uses for overnight accommodations in
the Commercial and Tourist Districts, and pass Ordinance 8044-09 on first reading. (TA2009-01004)
Attachments
14.2 Approve a Future Land Use Plan Amendment from the Residential Medium (RM) Classification to the
Commercial General (CG) Classification and a Zoning Atlas Amendment from the Mobile Home Park
(MHP) District to the Commercial (C) District for property located at 2337 Gulf to Bay Boulevard (the
West 100 feet of the East 445.0 feet of the North 330 feet of the West 3/4 of the North 1/z of the NE 1/4 of
the SW 1/4 of Section 18, Township 29 South, Range 16 East, less the north 50.0 feet for Gulf to Bay
Boulevard), and pass Ordinances 8079-09 and 8080-09 on first reading. (LUZ2009-06001)
Attachments
14.3 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 1520 S. Highland Avenue
(Lots 15, 16, and south five feet of Lot 17 and north five feet of Lot 14, Scotia Heights in Section 23,
Township 29 South, Range 15 East); and pass Ordinances 8090-09, 8091-09 and 8092-09 on first reading.
(ANX2009-07010)
Attachments
14.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU), Preservation (P),
and Drainage Feature Overlay and Initial Zoning Atlas Designation of Medium Density Residential
(MDR) District and Preservation (P) District for 1923 N Betty Lane (Lots 5, 10, 11, and 12, together with
Lot 4 less the North 150 feet of said Lot 4, Lange's Replat of Brown's Subdivision in Section 3,
Township 29 South, Range 15 East); and pass Ordinances 8093-09, 8094-09 and 8095-09 on first reading.
(ANX2009-07011)
Attachments
14.5 Discuss the sandwich board sign proposal recommended by the Task Force of the Government Affairs
Committee of the Regional and Beach Chambers of Commerce. (WSO)
Attachments
14.6 Discuss amendments to the Community Development Code to increase required side setbacks for
commercial docks. (WSO)
Attachments
15. Official Records and Legislative Services
15.1 Appoint two members to the Environmental Advisory Board with the terms to expire September 30, 2013.
Attachments
16. Legal
16.1 Adopt Ordinance No. 8104-09 on second reading, amending Chapter 22, Code of Ordinances, to change
administrative responsibility for public bathing beaches, bathing and swimming areas, and the Courtney
Campbell Recreation Area from the City Marine Department to the City Manager or his designee;
eliminating the definition of safe bathing limit, and to describe areas formerly described as safe bathing
limits as areas prohibiting, generally, watercraft and aircraft.
Attachments
16.2 Request for authority to institute a civil action against Advanced Communications, LLC, to recover
$2,885.62 for damages to City property. (consent)
Attachments
17. City Manager Verbal Reports
17.1 City Manager Verbal Reports
Attachments
18. Council Discussion Items
18.1 Efficiency Reviews of Fire and Parks and Recreation - Gibson
Attachments
18.2 Hotel Density
Attachments
19. Other Council Action
19.1 Other Council Action
Attachments
20. Adjourn
21. Presentation(s) for Council Meeting
21.1 Service Awards
Attachments
21.2 Fire Prevention Week Proclamation
Attachments
21.3 Public Natural Gas Week Proclamation - October 4 through 10 2009.
Attachments
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
5 Years of Service
Scott Rhodes Solid Waste
Theodore Mellis Engineering
Kevin Webb Parks & Recreation
10 Years of Service
Eric Kleinman
Edith Jones
Dylan Newell
Leroy Chin
Matthew Dupree
Chad Reed
Joseph Farrar
Parks & Recreation
Public Utilities/WPC
Gas
Parks & Recreation
Police
Police
Solid Waste
15 Years of Service
Michael Calhoun Solid Waste
Loren Pratt Public Utilities/WPC
Joseph Hill Solid Waste
20 Years of Service
Michael Mitchell Solid Waste
Stephen Sarnoff Solid Waste
25 Years of Service
Tina Wilson Office of Mgmt. & Budget
William Lueders Parks & Recreation
30 Years of Service
Mark Goheen Parks & Recreation
Robert Barry Parks & Recreation
September October Team Award
Robert Jaeger
Manny Pandelos
Del Mulholland
DeWayne Godfrey
Mike Jackson
Charles Floyd
Dan Luna
Mike Deegan
Cover Memo
Item # 1
Review Approval: 1) Clerk
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8099-09 on second reading, declaring the millage rate to be levied for fiscal year beginning October 1, 2009 and
ending September 30, 2009, for operating purposes including the funding of pensions, debt service and road maintenance for capital
improvement expenditures at 5.1550 mills.
SUMMARY:
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 2
Attachment number 1
Page 1 of 1
MILLAGE ORDINANCE
ORDINANCE NO. 8099-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING
SEPTEMBER 30, 2010, FOR OPERATING PURPOSES
INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND
ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT
EXPENDITURES AT 5.1550 MILLS; PROVIDING AN EFFECTIVE
DATE. THE LEVY OF 5.1550 MILLS CONSTITUTES A 7.19%
DECREASE FROM THE ROLLED BACK RATE OF 5.5543 MILLS.
WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning
October 1, 2009, and ending September 30, 2010, from ad valorem taxes is $43,877,090; and
WHEREAS, based upon the taxable value provided by the Pinellas County Property
Appraiser, 5.1550 mills are necessary to generate $43,877,090; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. It is hereby determined that a tax of 5.1550 mills against the non-exempt real
and personal property within the City is necessary to raise the sums to be appropriated for
operation purposes, including pensions and debt service, road capital improvement projects, for
the fiscal year beginning October 1, 2009.
rate.
Section 2. The levy of 5.1550 mills constitutes a 7.19% decrease from the rolled back
Section 3. This ordinance shall take effect October 1, 2009.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form: Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinancel8#99-09
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8100-09 on second reading, adopting an operating budget for the fiscal year beginning October 1, 2009 and ending
September 30, 2010: authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service
programs so authorized;authorizing the City Manager to transfer monies and programs among the departments and activities within any
fund as provided by Chapter 2 of the Clearwater Code of Ordinances.
SUMMARY:
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 3
Attachment number 1
Page 1 of 2
OPERATING BUDGET ORDINANCE
ORDINANCE NO. 8100-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30,
2010; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH
INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND
ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED;
AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES
AND PROGRAMS AMONG THE DEPARTMENTS AND
ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2
OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to
carry on the City government for the fiscal year beginning October 1, 2009, and ending
September 30, 2010; and
WHEREAS, an estimate of the revenues to be received by the City during said period from
ad valorem taxes and other sources has been submitted to the City Council; and
WHEREAS, a general summary of the operating budget, and notice of the times and
places where copies of the budget message and operating budget are available for inspection by
the public, was published in a newspaper of general circulation; and
and
WHEREAS, the City Council has examined and carefully considered the proposed budget;
WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City
Council conducted a public hearing in City Hall on September 3, 2009, upon said budget and tax
levy; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year
beginning October 1, 2009, and ending September 30, 2010, a copy of which is on file with the
City Clerk, the City Council hereby adopts a budget for the operation of the City, a copy of which
is attached hereto as Exhibit A.
Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal
year, subject to the authority of the City Council to amend or change the budget as provided by
Section 2.519 of the Clearwater Code of Ordinances.
Section 3. The City Manager is authorized and directed to issue such instructions and
directives that are necessary to achieve and accomplish the service programs authorized by the
adoption of this budget.
IteW, # 3
Ordinance No. 8100-09
Attachment number 1
Page 2 of 2
Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer
part or all of any unencumbered appropriation balance among programs within an operating fund,
provided such action does not result in the discontinuance of a program.
Section 5. It is the intent of the City Council that this budget, including amendments
thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes
set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the
fiscal year may be expended during the subsequent fiscal year for the purposes for which they
were appropriated and encumbered, and such expenditures shall be deemed to have been spent
out of the current budget allocation. It shall not be necessary to reappropriate additional funds in
the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the
end of the current fiscal year.
Section 6. Because of the dramatic reduction in general fund revenues for fiscal year
2009- 2010, the City Council has determined not to budget or appropriate funds for the operation
of the Graphics Division of Public Communications department and related equipment, and such
function shall no longer be performed in-house; further, Staff is not authorized to expend any
further funds thereon.
Section 7. Should any provision of this ordinance be declared by any court to be invalid,
the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other
than the provision declared to be invalid.
Section 8. This ordinance shall take effect October 1, 2009.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Pamela K. Akin
City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
IteW, # 3
Ordinance No. 8100-09
Attachment number 2
Page 1 of 2
EXHIBIT A
CITY OF CLEARWATER
2009-10 BUDGETED REVENUE
Actual Budgeted Budgeted
Revenues Revenues Revenues
2007/08 2008/09 2009/10
GENERAL FUND:
Property Taxes 47,512,277 43,461,390 41,786,420
Franchise Fees 9,254,091 9,819,270 10,152,000
Utility Taxes 11,532,529 12,030,350 12,321,860
Licenses, Permits & Fees 3,988,520 4,242,500 3,550,000
Sales Tax 5,811,764 5,800,000 5,313,000
Communications Services Tax 6,747,461 6,286,500 6,814,600
Intergovernmental 14,834,124 12,357,120 11,350,290
Charges for Services 4,311,398 4,151,420 3,904,660
Fines & Forfeitures 706,714 902,300 677,300
Interest Income 1,513,962 1,364,000 1,140,000
Miscellaneous 1,955,129 939,950 926,500
Interfund Charges/Transfers In 17,762,923 17,445,130 17,516,670
Fund Reserves 2,300,000 0
TOTAL GENERAL FUND 125,930,892 121,099,930 115,453,300
SPECIAL REVENUE FUNDS:
Special Development Fund 16,897,693 16,038,440 16,138,440
Special Program Fund 5,949,195 1,364,210 2,099,430
Local Housing Assistance Trust Fund 1,440,964 995,680 97,330
ENTERPRISE FUNDS:
Water & Sewer Fund 55,062,351 60,609,860 58,827,450
Stormwater Utility Fund 13,611,102 13,800,460 15,579,600
Solid Waste Fund 18,246,104 18,751,250 18,823,080
Gas Fund 41,805,390 45,228,140 42,901,470
Recycling Fund 3,651,579 3,210,950 2,949,470
Airpark Fund 340,216 242,000 249,000
Marine Fund 4,815,953 5,351,090 4,850,380
Downtown Boat Slips Fund 2,096,220 631,260
Parking Fund 4,824,413 4,823,470 5,405,020
Harborview Center Fund 732,079 725,170 163,080
INTERNAL SERVICE FUNDS:
Administrative Services Fund 10,436,392 9,714,930 9,430,000
General Services Fund 5,220,299 5,247,910 4,991,540
Garage Fund 14,079,893 13,853,580 12,824,540
Central Insurance Fund 20,883,386 20,069,910 19,161,320
TOTAL ALL FUNDS 346,024,121 341,126,980 330,575,710
Ordina jjj?oXg-09
Attachment number 2
Page 2 of 2
EXHIBIT A (Continued)
CITY OF CLEARWATER
2009-10 BUDGETED EXPENDITURES
Actual Budgeted Budgeted
Expenditures Expenditures Expenditures
2007/08 2008/09 2009/10
GENERAL FUND:
City Council 257,182 288,390 296,570
City Manager's Office 1,064,193 1,166,210 1,274,680
City Attorney's Office 1,432,714 1,688,790 1,623,430
City Audit 172,420 175,520 182,410
Development & Neighborhood Services 4,298,977 4,109,720 0
Economic Development & Housing 1,249,314 1,389,940 1,374,570
Engineering 6,794,071 7,283,880 7,441,890
Equity Services 314,120 284,010 0
Finance 2,100,071 2,265,030 2,195,470
Fire 21,511,505 21,258,430 21,760,100
Human Resources 1,059,938 1,212,180 1,108,350
Library 6,272,683 6,065,270 5,710,940
Marine & Aviation 1,168,067 1,248,600 564,440
Non-Departmental 16,705,873 7,048,000 4,903,750
Office of Management & Budget 273,832 297,690 285,690
Official Records & Legislative Services 1,133,057 1,180,430 1,087,520
Parks & Recreation 21,468,971 21,123,800 19,739,130
Planning & Development 1,288,560 1,429,290 4,679,890
Police 37,719,947 36,949,610 37,415,990
Public Communications 1,028,807 1,088,580 1,031,750
Public Services 3,484,636 3,546,560 2,580,000
Allocation to Reserves 196,730
TOTAL GENERAL FUND 130,798,938 121,099,930 115,453,300
SPECIAL REVENUE FUNDS:
Special Development Fund 18,625,925 13,380,180 12,423,130
Special Program Fund 6,217,120 1,084,210 1,799,430
Local Housing Assistance Trust Fund 1,216,452 995,680 97,330
ENTERPRISE FUNDS:
Water & Sewer Fund 58,230,946 60,609,860 58,672,340
Stormwater Utility Fund 9,242,738 13,800,460 15,579,600
Solid Waste Fund 17,254,763 18,735,750 18,759,080
Gas Fund 36,279,735 38,534,500 40,528,040
Recycling Fund 3,117,111 3,210,940 2,949,470
Airpark Fund 243,918 206,310 194,070
Marine Fund 4,794,774 5,348,430 4,552,760
Downtown Boat Slips Fund 22,634 464,230
Parking Fund 3,593,607 3,963,380 5,172,020
Harborview Center Fund 611,532 725,170 163,080
INTERNAL SERVICE FUNDS:
Administrative Services Fund 8,704,104 9,693,080 9,224,590
General Services Fund 5,230,563 5,247,910 4,991,540
Garage Fund 13,026,998 13,853,580 12,824,540
Central Insurance Fund 20,713,410 18,714,690 18,208,370
TOTAL ALL FUNDS 337,925,268 329,204,060 322,056,920
Ordina jjj?oXg-09
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8101-09 on second reading, adopting the Capital Improvement Program budget for the fiscal year beginning
October 1, 2009 and ending September 30, 2010; approving the six-year Capital Improvement Program which shall be reevaluated at
the beginnning of each fiscal year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish
the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement
Program; appropriating available and anticipated resources for the projects identified.
SUMMARY:
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 4
Attachment number 1
Page 1 of 2
CAPITAL IMPROVEMENT ORDINANCE
ORDINANCE NO. 8101-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT
PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010;
APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT
PROGRAM WHICH SHALL BE REEVALUATED AT THE
BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE
CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT
ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE
CAPITAL IMPROVEMENTS SO AUTHORIZED;
AUTHORIZING THE CITY MANAGER TO TRANSFER
MONEY BETWEEN PROJECTS IN THE CAPITAL
IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE
AND ANTICIPATED RESOURCES FOR THE PROJECTS
IDENTIFIED; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager has submitted a proposed Six-Year Capital
Improvement Program, and has submitted an estimate of the amount of money
necessary to carry on said Capital Improvement Program for the fiscal year beginning
October 1, 2009, and ending September 30, 2010; and
WHEREAS, an estimate of the resources available and income to be received by
the City during said period from ad valorem taxes and other sources has been submitted
to the City Council; and
WHEREAS, a general summary of the Capital Improvement Budget, and notice of
the times and places when copies of the budget message and capital budget are
available for inspection by the public, was published in a newspaper of general
circulation; and
WHEREAS, the City Council has examined and carefully considered the proposed
budget; and
WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances,
the City Council conducted a public hearing in the City Hall upon said proposed budget on
September 3, 2009; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Pursuant to the Capital Improvement Program Report and Estimated
Budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010, a
Ordinance No. 8101-09
Item # 4
Attachment number 1
Page 2 of 2
copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the
capital improvement fund for the City of Clearwater, a copy of which is attached hereto as
Exhibit A.
Section 2. The Six-Year Capital Improvement Program and Budget, a summary of
which is attached hereto, marked Exhibit B, is approved in its present form, but prior to
the beginning of each fiscal year the City Council shall reevaluate priorities, hold public
hearings and formally adopt additions or corrections thereto.
Section 3. The budget as adopted shall stand and be the Capital Improvement
Program Budget of the City for said fiscal year, subject to the authority of the City Council
to amend or change the budget as provided by Section 2.519 of the Clearwater Code of
Ordinances.
Section 4. The City Manager is authorized and directed to issue such instructions
and directives that are necessary to achieve and accomplish the capital improvements
authorized by the adoption of this budget.
Section 5. The City Manager is authorized to transfer appropriations within the
capital budget, provided such transfer does not result in changing the scope of any
project or the fund source included in the adopted capital budget.
Section 6. Should any provision of this ordinance be declared by any court to be
invalid, the same shall not affect the validity of the ordinance as a whole, or any provision
thereof, other than the provision declared to be invalid.
Section 7. This ordinance shall take effect October 1, 2009.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED AS AMENDED
Frank V. Hibbard
Mayor
Approved as to form: Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 8101-09
Item # 4
Attachment number 2
Page 1 of 2
Exhibit A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10
GENERAL SOURCES:
General Operating Revenue
General Revenue/County Coop
Road Millage
Penny for Pinellas
Transportation Impact Fee
Local Option Gas Tax
Special Development Fund
Special Program Fund
Grants - Other Agencies
Donations
SELF SUPPORTING FUNDS:
Marine Revenue
Downtown Boat Slips Revenue
Aviation Revenue
Parking Revenue
Utility System:
Water Impact Fees
Sewer Impact Fees
Utility R & R
Stormwater Utility Revenue
Gas Revenue
Solid Waste Revenue
INTERNAL SERVICE FUNDS:
Garage Revenue
Administrative Services Revenue
BORROWING - SELF SUPPORTING FUNDS:
Lease Purchase - Water
Lease Purchase - Stormwater
Lease Purchase - Solid Waste
Lease Purchase - Recycling
Bond Issue - Water & Sewer
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage
Lease Purchase - Administrative Services
TOTAL ALL FUNDING SOURCES:
Budgeted
Revenues
2009/10
1,470,990
635,310
2,090,670
6,225,000
290,000
1,720,000
950,000
30,000
2,900,000
900,000
50,000
15,000
10,000
260,000
250,000
500,000
3,050,490
5,652,800
5,340,000
350,000
119,400
150,000
42,540
300,000
170,000
220,000
15,665,240
2,312,300
400,000
$52,069,740
Ordinance 4paOX4-09
Exhibit A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10
Attachment number 2
Page 2 of 2
Budgeted
Expenditures
FUNCTION: 2009/10
Police Protection
Fire Protection
Major Street Maintenance
Intersections
Parking
Misc Engineering
Parks Development
Marine Facilities
Airpark Facilities
Libraries
Garage
Maintenance of Buildings
General Public City Building & Equipment
Miscellaneous
Stormwater Utility
Gas System
Solid Waste
Utilities Miscellaneous
Sewer System
Water System
Recycling
150,000
678,490
3,645,670
435,000
250,000
35,000
5,837,500
4,315,000
10,000
635,310
2,716,700
277,930
950,000
640,000
5,945,000
5,310,000
520,000
26,000
9,772,590
9,699,550
220,000
TOTAL PROJECT EXPENDITURES
$52,069,740
Ordinance 4paOX4-09
Attachment number 3
Page 1 of 1
Exhibit B
CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUM MARY BY FUNCTION
FY 2009-201 0 THROUGH F Y 2014-2015 CAPITAL IMPROVEMENT FUND
CITY OF CLEARWATER
Schedule of Planned Expenditures
Function 2009110 2010111 2011112 2012113 2013114 2014115 Total
Police Protection 150,000 150,000
Fire Protection 678,490 1,153,400 1,089,490 2,515,270 4,244,860 1,555,400 11,236,910
New Street Construction 2,500,000 2,500,000
Major Street Maintenance 3,645,670 3,497,430 4,057,430 4,107,430 4,107,430 4,032,430 23,447,820
Sidewalk and Bike Trails 472,000 472,000
Intersections 435,000 435,000 435,000 435,000 435,000 435,000 2,610,000
Parking 250,000 225,000 200,000 200,000 225,000 225,000 1,325,000
Miscellaneous Engineering 35,000 8,035,000 35,000 35,000 35,000 35,000 8,210,000
Parks Development 5,837,500 4,622,500 907,500 1,147,500 9,967,500 982,500 23,465,000
Marine Facilities 4,315,000 275,000 413,000 413,000 413,000 413,000 6,242,000
Airpark Facilities 10,000 10,000 10,000 10,000 10,000 10,000 60,000
Libraries 635,310 635,310 10,635,310 639,740 665,310 685,270 13,896,250
Garage 2,716,700 2,798,200 2,882,150 2,968,610 3,057,670 3,149,410 17,572,740
Maintenance of Buildings 277,930 299,800 1,108,650 420,560 452,530 379,560 2,939,030
Gen Public City Bldg & Equip 950,000 7,000,000 7,950,000
Miscellaneous 640,000 640,000 620,000 5,420,000 645,000 645,000 8,610,000
Stormwater Utility 5,945,000 8,800,000 7,200,000 7,100,000 7,400,000 7,400,000 43,845,000
Gas System 5,310,000 5,600,000 5,800,000 6,100,000 5,900,000 6,145,000 34,855,000
Solid Waste 520,000 595,000 755,000 713,000 735,000 746,000 4,064,000
Utilities Miscellaneous 26,000 30,000 26,000 26,000 30,000 26,000 164,000
Sewer System 9,772,590 9,073,990 12,108,380 7,351,360 11,776,590 25,617,400 75,700,310
Water System 9,699,550 12,913,120 17,928,910 18,125,340 11,251,410 6,917,790 76,836,120
Recycling 220,000 290,000 290,000 386,000 400,000 410,000 1,996,000
52,069,740 59,928,750 66,501,820 60,613,810 61,751,300 67,281,760 368,147,180
OrdinadjE)f ".#141-09
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Amend the City's fiscal year 2008/09 Operating and Capital Improvement Budgets at Third Quarter and pass Ordinances 8102-09 and
8103-09 on first reading.
SUMMARY:
The fiscal year 2008/09 Operating and Capital Improvement Budgets were adopted in September 2008 by Ordinances 8005-08 and
8006-08. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a third quarter report detailing income,
expenditure estimates, collection, the explanation of significant variances, as well as the financial status of all capital improvement
projects. The third quarter amendment memorandum and accompanying reports provide this information and outlines the issues at third
quarter that requires amendment.
Review Approval: 1) Clerk
Cover Memo
Item # 5
Attachment number 1
Page 1 of 3
Third Quarter Budget Review
Fiscal 2008-09
City Manager's Transmittal
Memorandum
TO: Mayor and City Council
FROM: Bill Horne, City Manager
COPIES: Jill Silverboard, Assistant City Manager
Rod Irwin, Assistant City Manager
Department Directors
SUBJECT: Third Quarter Budget Review - Amended City Manager's Annual Budget Report
DATE: September 8, 2009
Attached is the Third Quarter Budget Review in accordance with the City Code of Ordinances.
The report is based on nine months of activity (October, 2008 through July, 2009) in this fiscal year. The
report comments on major variances, as well as documents all proposed amendments.
Significant Fund amendments are outlined below:
General Fund
General Fund revenues and expenditure amendments reflect a net increase of $2, 724,3 75.
The major reason for the overall General Fund expenditure increase includes a budget increase of
$2,247,968.12 in Police and Fire for the supplemental plans which is offset by plan revenue. Historically,
these revenues and expenditures were reflected in a separate fund, but the Government Finance Officers
Association (GFOA) requires that the supplemental plans be reflected in the General Fund. The balance of
the increase is attributed to allocations from retained earnings which include the following; $175,000 to the
Police Department to fund the payout of accrued leave for retirements, $100,000 to Parks & Recreation to
support arts education classes at Ruth Eckerd Hall as previously approved by Council; and $230,000 to the
Marine Fund to cover cash deficits which have occurred in the past two years as previously approved by the
Council.
General Fund Reserves - In order to ensure adequate reserves, the City Council's policy reflects that
General Fund unappropriated retained earnings of 8.5% of the City's budgeted General Fund expenditures
must be maintained as a reserve to guard against future emergencies.
With the closing of the year-end 2008 books, and the allocation of reserves noted above, estimated General
Fund reserves at third quarter are approximately $13 million, or 10.8% of the current year's General
Fund budget, exceeding our reserve policy by $2.7 million.
Significant amendments to other City Operating Funds are noted as follows.
Item # 5
Attachment number 1
Page 2 of 3
Third Quarter Budget Review
Fiscal 2008-09
City Manager's Transmittal
Water and Sewer Fund
Third quarter amendments to the Water and Sewer Fund reflect a net decrease of $4,205,370 primarily
due to the restructuring of water and sewer utility funding approved by the City Council on September 17,
2009. Other amendments include, transfers to capital projects for a total of $229,699.38 representing
interest earnings on bond funds, and $1,258,000 is transferred from retained earnings to provide
additional funding needed due to the issuance of the 09A revenue bonds with some offset from the
refunding of the 98 revenue bonds.
Gas Fund
Budget amendments to the Gas reflect a net decrease of $3,126,160 which is primarily due to savings in
fuel costs. This reduction as well as other increases and decreases in various operating codes, offset
anticipated decreases in operating revenues.
Solid Waste Fund
Budget amendments at third quarter reflect a net increase of $60,000 to Solid Waste Fund revenues
representing the increase collection of contractor fees, interest earnings, other general revenue, and
Workers Compensation reimbursements.
Recycling Fund
Budget amendments to the Recycling fund expenditures reflect a net decrease of $50,000 which includes
reductions to inventory purchases for resale and savings in fuel costs. These reductions offset anticipated
decreases in operating revenues.
MnrinP Fnnd
At third quarter, the Marine Fund revenues are estimated to decrease by $695,860 including reductions to
slip rentals and fuel sales due to the slow economy. Although operating expenditures will be reduced by
$311,610 an amendment for a cash infusion of $230,000 from General Fund reserves is needed to sustain
activities with a positive cash balance for the year as approved by the Council on September 3, 2007.
Administrative Services Fund
Third quarter budget amendments reflect an expenditure decrease of $80,000 to the Administrative
Services Fund which is the result of efficiencies realized through the elimination of cell phones across
various City departments. Administrative Services Fund revenues are appropriately reduced to reflect the
reduction in pass back charges from departments.
Garage Fund
Third quarter amendments reflect savings in Garage fund expenditures of $105,000 primarily due to the
reduction in gas charges since the 2008/09 budget was adopted and savings in vehicle parts. These
savings are passed on to the operating departments and Garage Fund revenues will be adjusted
accordingly.
Central Insurance Fund
At third quarter, $397,506.98 in Central Insurance Fund reserves are allocated to project 362-92267,
Beach Walk to reimburse fund 362 for negative interest earnings allocations associated with Beach Walk
construction disbursements. This amendment was previously approved by the City Council.
Item # 5
Attachment number 1
Page 3 of 3
Third Quarter Budget Review
Fiscal 2008-09
City Manager's Transmittal
Capital Improvement Fund
Third quarter amendments to the Capital Improvement Fund reflect a net decrease of $4,432,444. Major
project increases include the recognition of almost $1.4 million of grant revenue for the East Avenue Trail
and more than $1.2 million of grant revenue for the Downtown Boat Slip project.
Major project decreases include the return of $12 million of water and sewer fund revenues from various
projects to the utility fund; Revenues of $1,736,097 which had previously been advanced to the
Downtown Boat Slip project are returned to the Central Insurance fund. A list of capital improvement
project budget amendments that have been previously approved by the City Council is included on page
18 of this report.
Project budget increases not previously approved by the Council are also summarized on page 18.
Special Program Fund
The Special Program Fund reflects a net budget increase of $1,737,124 at third quarter. Amendments
include budget increases from grant revenues for $974,933 which include: 1) $130,923 from the
Corporation for National and Community Service for Federal Assistance for the AmeriCorps program; 2)
$192,460.60 from Florida Department of Law Enforcement Office of Criminal Justice to be used to
implement Florida's Domestic Security Strategic Plan; 3) $251,549 from the American Recovery and
Reinvestment Act of 2009 for CDBG East Gateway Neighborhood Revitalization Strategy; and 4) a total
of $400,000 from the US Environmental Protection Agency for two brownfields assessment grants. Other
significant amendments include $240,717 for the special events and sponsorships programs in the last
three months, $169,478 from police fines and court proceeds to support public safety programs and
$164,105 in revenues for police outside duty contractual services.
Item # 5
Attachment number 2
Page 1 of 1
CITY OF CLEARWATER
THIRD QUARTER SUMMARY
2008/09
FY 08/09 Amended Third Third Third
Adopted Previous Quarter Quarter Quarter Amended
Description Budget Quarter Projected Actual Variance % Adjustment Budget
General Fund:
Revenues 121,099,930 122,866,272 93,520,646 94,464,405 943,759 1% 2,724,375 125,590,647
Expenditures 121,099,930 122,866,272 97,401,202 93,120,036 4,281,166 4% 2,724,375 125,590,647
Utility Funds:
Water & Sewer Fund
Revenues 60,609,860 59,901,860 43,054,116 41,350,454 (1,703,662) -4% 8,024,329 67,926,189
Expenditures 60,609,860 59,901,860 46,495,792 44,367,596 2,128,196 5% (4,205,370) 55,696,490
Stormwater Fund
Revenues 13,800,460 13,878,305 10,294,761 10,300,870 6,109 0% 0 13,878,305
Expenditures 13,800,460 13,878,305 11,353,716 10,612,665 741,051 7% 0 13,878,305
Gas Fund
Revenues 45,228,140 45,068,710 32,136,882 30,961,742 (1,175,140) -4% (2,824,000) 42,244,710
Expenditures 38,534,500 38,128,970 28,640,878 25,244,768 3,396,111 12% (3,126,160) 35,002,810
Solid Waste Fund
Revenues 18,751,250 18,555,250 13,816,439 13,991,647 175,208 1% 60,000 18,615,250
Expenditures 18,735,750 18,362,980 13,987,978 12,423,166 1,564,812 11% 0 18,362,980
Recycling Fund
Revenues 3,210,950 2,742,860 1,687,005 1,852,228 165,223 10% (42,800) 2,700,060
Expenditures 3,210,940 2,742,860 1,981,432 1,978,563 2,869 0% (50,000) 2,692,860
Enterprise Funds:
Marine Fund
Revenues 5,351,090 5,078,790 3,731,618 2,925,450 (806,168) -22% (465,860) 4,612,930
Expenditures 5,348,430 4,907,970 3,673,586 3,060,854 612,732 17% (311,610) 4,596,360
Airpark Fund
Revenues 242,000 239,000 218,826 203,160 (15,666) -7% 0 239,000
Expenditures 206,310 221,010 173,976 135,898 38,078 22% 5,000 226,010
Parking Fund
Revenues 4,823,470 5,384,590 4,058,385 4,072,449 14,064 0% 0 5,384,590
Expenditures 3,963,380 4,242,800 3,208,765 2,719,428 489,337 15% 0 4,242,800
Harborview Center
Revenues 725,170 725,170 628,917 672,143 43,226 7% 0 725,170
Expenditures 725,170 725,170 568,882 597,653 (28,771) -5% 0 725,170
Intemal Service Funds:
General Services Fund
Revenues 5,247,910 5,342,910 3,935,931 3,954,215 18,284 0% 7,195 5,350,105
Expenditures 5,247,910 5,342,910 4,131,075 3,795,923 335,152 8% 0 5,342,910
Administrative Services
Revenues 9,714,930 9,849,930 7,286,196 7,353,157 66,961 1% (80,000) 9,769,930
Expenditures 9,693,080 9,828,080 7,650,912 6,798,556 852,356 11% (80,000) 9,748,080
Garage Fund
Revenues 13,853,580 12,104,980 8,635,582 9,065,171 429,589 5% (91,850) 12,013,130
Expenditures 13,853,580 12,104,980 8,767,081 8,599,320 167,761 2% (105,000) 11,999,980
Central Insurance Fund
Revenues 20,069,910 31,242,835 15,090,744 14,113,501 (977,243) -6% 2,133,604 33,376,439
Expenditures 18,714,690 29,887,615 25,230,282 23,825,595 1,404,687 6% 397,507 30,285,122
Item # 5
Attachment number 3
Page 1 of 2
THIRD QUARTER REVIEW
AMENDED CITY MANAGER'S FISCAL YEAR 2008-09 REPORT
General Fund Operating Budget .................
Utility Funds Operating Budget ....................
Other Enterprise Funds Operating Budgets
Internal Service Funds Operating Budgets.
Capital Improvement Program Budget........
Special Program Fund Budget .....................
Special Development Funds ........................
Administrative Change Orders .....................
Ordinances ...................................................
Third Quarter budgets were projected in the following manner:
PAGE #
3
8
..... 12
......15
......18
...... 36
...... 46
...... 49
...... 51
All department expenditure budgets have been established on a month-to-month basis so that projects
identified in the report are not simply time percentages applied to annual budgets but rather department
director's judgment of month-to-month expenditures. This technique was also used for revenue projections.
The actual and projected data contained in this review represents nine months, October 1, 2008 through
June 30, 2009. The adjustments, however, represent all data available at the time of the report, including
action taken by the City Council after June 30, 2009.
Definitions associated with the operating funds information is presented as follows:
Definitions:
Original Budget The budget as adopted by the City Council on September 18, 2008.
Third Quarter Projections Monthly budgets submitted by departments are based on prior year
experience and unique circumstances.
Third Quarter Actual Self-explanatory.
Variance Difference between Third Quarter projected and Third Quarter actual.
Variance % % of variance to Third Quarter projection.
Adjustments Adjustments that have been approved by the City Council, made at the
Manager's discretion, and/or adjustments proposed based on Third
Quarter review.
Amended Budget Adding the Original Budget and Adjustments.
Amended Budget % Percentage change of amended budget to original budget.
Item # 5
Attachment number 3
Page 2 of 2
Capital Improvement Projects
The amended 2008/09 Capital Improvement Projects budget report is submitted for the City Council review.
This review provides the opportunity to analyze the status of all active projects and present formal
amendments to the project budget.
The Capital Improvement and Special Program funds information is presented as follows:
Definitions:
Budget The budget as of October 1, 2008, which includes budgets from prior
years, which have not been completed.
Amendment Amendments which have been approved by the City Council, made at the
Manager's discretion, and/or adjustments proposed as a result of the Third
Quarter review.
Revised Budget Adding columns one and two.
Expenditure Self-explanatory.
Encumbrance Outstanding contract or purchase order commitment.
Available Balance Difference between revised budget and expenditure plus encumbrance.
Status C - project is completed
Amend Ref Reference number for description of amendment.
2 Item # 5
Attachment number 4
Page 1 of 2
City of Clearwater
General Fund Revenues
Third Quarter Amendments
FY 2008/09
Increase/(Decrease) Description
By the end of August, basically all property tax revenues
have been received. The budget is adjusted to reflect
Property Taxes 279,663 actual collections for the year.
Budget amendments reflect an increase of $2,247,968.12
based upon direction of the Government Finance Officer's
Association (GFOA) which believes that our state monies
for Police and Fire supplemental plans should not be
received by the plans, but instead recorded as a revenue
and as an expenditure for City employer contributions in
Other I nterg ovem mental 2,247,968 the General Fund budget.
Revenue reductions of $33,000 represent the following:
1) a $58,000 decrease in Special Activities due to reduced
camp attendance at Countryside and the move of the
Morningside Camp to the Long Center. 2) a $15,000
decrease in Activity Fees due to reduced baseball teams.
3) a $20,000 reduction in Rental Revenue. 4) a $60,000
increase in Fishing and General Admissions and
Charges for Service (33,000) Concession Souvenirs at Pier 60.
Revenue amendments of $1,295.99 reflecting the
reimbursement of overtime supporting the U.S.
Immigrations and Customs Enforcement program and
$3,110.50 reflecting the reimbursement of overtime
supporting the Drug Enforcement Agency offset program
Miscellaneous 4,406 expenditure increases in Police.
InterFund Charges/Transfers In
The budget amendment reflects the return of $118,519
from Special Program project 181-99877, Building Code
118,519 Enforcement Surplus, to close the project as approved by
Item # 5
Attachment number 4
Page 2 of 2
City of Clearwater
General Fund Revenues
Third Quarter Amendments
FY 2008/09
Increase/(Decrease) Description
Third quarter amendments reflect the following allocations
Transfer (to) from Surplus of General Fund reserves:
1) An appropriation of $100,000 of General Fund retained
earnings to Parks and Recreation to fund the final of a
three-year support program by the City to further arts
education at Ruth Eckerd Hall as approved by the Council
100,000 on July 16, 2009.
2) An appropriation of $175,000 of General Fund retained
earnings to fund retirement payouts for Police Department
employees who were not a part of the early retirement
175,000 incentive,
3) A transfer of $230,000 of General Fund retained
earnings to the Marina Fund to cover cash deficits that
have occurred in over the past two years, as approved by
230,000 the Council on September 3, 2009.
4) The return of General Fund revenues from closed
Capital Improvement Projects total $42,517.58 and include
the following: A) closing project 315-91260, Thermal
Imaging Cameras returning $22.00 to the General Fund; B)
closing project 315-91262, Self-Contained Breathing
Apparatus Upgrade-Fill Station returning $400.00 to the
General Fund; C) closing project 315-93605, Ross Norton
Park Improvements returning $22,857.40 to the General
Fund; D) closing project 315-94622, MSB/Library
Hurricane Protection returning $16,200.00 to the General
Fund; and E) closing project 315-94623, Public
Communications Office Renovations returning $3,038.18 to
(42,518) the General Fund;
5) Increases in budgeted budgeted revenues and the
return of funds from closed projects allows for a net
reduction in the use of General Fund reserves of $355,664
bringing the General Fund in balance at third quarter.
(355,664)
Net Transfer (to) from Retained
Earnings 106,818
Net General Fund Revenue
Amendment 2,724,375
4 Item # 5
Attachment number 5
Page 1 of 2
City of Clearwater
General Fund Expenditures
Third Quarter Amendments
FY 2008/09
Increase/
(Decrease) Description
Third quarter amendments reflect small line item changes with
in program budget. The net change to General Fund
City Attorney's Office - expenditures is $0.
Third quarter amendments reflect small line item changes with
Development & in program budgets. The net change to General Fund
Neighborhood Services - expenditures is $0.
The budget amendment reflects an increase of $1,303,518.82
for the City's contribution to the Fire Supplemental plan based
upon guidance of the Government Finance Officer's
Association (GFOA) which believes that our state monies for
Police and Fire supplemental plans should not be received by
the plans, but instead be recorded as a revenue and an
expenditure for City employer contributions in the General
Fund. This budget expenditure increase is offset by a revenue
amendment recognizing the supplemental revenue.
Fire 1,303,519
Third quarter expenditure amendments for Pier 60 Operations
reflect an increase of $60,000 in Inventory Purchases-Resale
Pier 60 Operations 60,000 which is offset by increased revenues.
Third quarter expenditure amendments for the Parks &
Recreation department reflect a net increase of $7,000 related
to the following: 1) Decreases of $58,000 in camp related
expenses due to the move of the Morningside camp to the
Long Center and reduced attendance at Countryside. These
decreases offset reduced camp revenues. 2) A reduction of
$15,000 to contractual services, offsetting reduced activity fee
revenue. 3) A reduction of $20,000 in operating supplies which
offset reduced rental revenue. 4) A transfer of $4,000 of
operating savings in Cultural Affairs to project 325-93265,
Beach Library/Rec Ctr Renovations, to provide the funds
necessary for the purchase of artwork as approved by Council
August 6, 2009. The impact to the operating budget is $0. 5)
An increase of $100,000 in general fund reserves to the
Administration program for support of the arts education
program at REH as approved by the Council on July 16, 2009.
6) Other small increases and decreases to various expense
Parks & Recreation 7,000 codes that have a net effect of $0.
Item # 5
Attachment number 5
Page 2 of 2
City of Clearwater
General Fund Expenditures
Third Quarter Amendments
FY 2008/09
Increase/
(Decrease) Description
Third quarter expenditure amendments reflect the following: 1)
an increase to overtime by $4,406.49 which are offset by
revenue amendments recognizing the reimbursements
received for overtime from ICE (The Department of Treasury)
and DEA (US Department of Justice, Drug Enforcement
Agency). 2) A second amendment reflects an increase in for
the appropriation of $175,000 of General Fund retained
earnings to fund the retirement payouts for the department that
were not included in the early retirement incentive. 3) a third
amendment reflects an increase of $944,449.30 for the City's
contribution to the Police Supplemental plan based upon
guidance of the Government Finance Officer's Association
(GFOA) which believes that our state monies for Police and
Fire supplemental plans should not be received by the plans,
but instead be recorded as a revenue and an expenditure for
City employer contributions in the General Fund. This budget
expenditure increase is offset by a revenue amendment
recognizing the supplemental revenue.
Police 1,123,856
Non-Departmental
The amendment to the Non-Departmental program reflects a
transfer of $230,000 of General Fund retained earnings to the
Marina Fund to cover cash deficits that have occurred in over
the past two years, as approved by the Council on September
230,000 3, 2009.
230,000
Net General Fund
Expenditure Amendment 2,724,375
Item # 5
Attachment number 6
Page 1 of 1
GENERALFUND
THIRD QUARTER REVIEW
For Nine Month Period of October 1, 2008 - June 30, 2009
2008/09 2008/09
MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance % Amendment Budget
GENERALFUND
GENERAL FUND REVENUES
Property Taxes 43,461,390 41,506,000 43,741,053 2,235,053 5% 279,663 43,741,053
Franchise Fees 9,819,270 6,596,117 6,220,472 (375,645) -6% 0 9,819,270
Utility Taxes 12,030,350 8,266,641 7,647,288 (619,353) -7% 0 12,030,350
Licenses, Permits & Fees 3,550,000 2,069,875 2,117,642 47,767 2% 0 3,550,000
Intergovernmental
Sales Tax 5,275,000 3,341,664 3,166,205 (175,459) -5% 0 5,275,000
Communications Services Tax 6,865,000 4,769,500 4,340,569 (428,931) -9% 0 6,865,000
Other Intergovernmental 12,107,120 7,926,045 8,099,916 173,871 2% 2,247,968 14,355,088
Charges for Services 4,189,358 3,040,297 2,874,186 (166,111) -5% (33,000) 4,156,358
Fines & Forfeitures 782,300 542,145 563,803 21,658 4% 0 782,300
Interest Income 1,364,000 1,023,000 763,273 (259,727) -25% 0 1,364,000
Miscellaneous Revenues 967,864 732,999 838,726 105,727 14% 4,406 972,270
Interfund Charges/ Transfers In 18,067,614 13,706,363 14,091,272 384,909 3% 118,519 18,186,133
OPERATING REVENUES 118,479,266 93,520,646 9494649405 9439759 1% 296179557 12190969822
Transfer (to) from Surplus 4,387,006 0 0 0 - 106,818 4,493,824
TOTAL REVENUES 12298669272 9395209646 9494649405 9439759 1% 297249375 12595909647
GENERAL FUND EXPENDITURES
City Council 288,166 228,473 206,393 22,080 10% 0 288,166
City Manager's Office 1,150,010 879,855 877,305 2,550 0% 0 1,150,010
City Attorney's Office 1,667,759 1,274,492 1,054,071 220,421 17% 0 1,667,759
City Auditor's Office 173,417 136,070 135,876 194 0% 0 173,417
Development & Neighborhood Svc 3,991,585 3,086,944 2,944,337 142,607 5% 0 3,991,585
Economic Development & Housinc 1,362,084 1,021,344 1,047,920 (26,576) -3% 0 1,362,084
Engineering 7,258,453 5,639,344 5,317,846 321,498 6% 0 7,258,453
Equity Services 279,539 212,381 198,813 13,568 6% 0 279,539
Finance 2,180,201 1,681,688 1,658,630 23,058 1 % 0 2,180,201
Fire 21,245,414 16,703,786 15,701,618 1,002,168 6% 1,303,519 22,548,933
Human Resources 1,119,602 844,448 785,358 59,090 7% 0 1,119,602
Library 6,048,708 4,839,815 4,696,966 142,849 3% 0 6,048,708
Marine & Aviation 1,239,348 958,876 916,185 42,691 4% 60,000 1,299,348
Non-Departmental 9,899,958 9,154,545 8,987,273 167,272 2% 230,000 10,129,958
Office of Management & Budget 266,937 203,540 204,067 (527) 0% 0 266,937
Official Records & Legislative Svc: 1,123,801 855,430 826,033 29,397 3% 0 1,123,801
Parks & Recreation 20,769,302 16,099,276 14,949,241 1,150,035 7% 7,000 20,776,302
Planning 1,358,617 1,047,055 989,993 57,062 5% 0 1,358,617
Police 36,861,762 28,995,076 28,386,192 608,884 2% 1,123,856 37,985,618
Public Communications 1,049,313 802,046 704,675 97,371 12% 0 1,049,313
Public Services 3,532,296 2,736,718 2,531,243 205,475 8% 0 3,532,296
TOTAL EXPENDITURES 122,866,272 97,401,202 93,120,036 4,281,166 4% 2,724,375 125,590,647
Item # 5
Attachment number 7
Page 1 of 2
City of Clearwater
Utility Funds
Third Quarter Amendments
FY 2008/09
Increase/
(Decrease) Description
At third quarter, anticipated revenues of the Water & Sewer Fund
exceed anticipated expenditures by $12,229,699 for fiscal year
2008/09 with the return of utility revenues from the capital improvement
Water & Sewer Fund fund.
Third quarter amendments to Water and Sewer Fund revenues reflect
an net increase of $8,024,329 which include the following: 1) an
increase of $1,258,000 in retained earnings for additional funding
needed due to the issuance of the 09A revenue bonds with some offset
from the refunding of the 98 revenue bonds. 2) an increase of
$6,536,630 for return of revenues in excess of current year transfers to
Capital Improvement Projects as approved by Council on September
17, 2009. 3) an increase of $229,699.38 of unappropriated retained
earnings representing interest earnings on debt service funds which
are allocated to capital projects 315-96664, WPC R&R and 315-96624,
Revenues: 8,024,329 Liquid Disinfection.
Expenditure amendments at third quarter reflect a net decrease of
$4,205,370 which include the following: 1) an increase of $1,258,000
of Water and Sewer fund reserves for additional funding needed due to
the issuance of the 09A revenue bonds with some offset from the
refunding of the 98 revenue bonds. 2) a decrease of $5,693,069.38 in
Contributions to CIP for the restructure of the CIP budget as approved
by Council on September 17, 2009. 3) an appropriation of retained
earnings to capital project 315-96664, WPC R&R for $55,253.77 and
capital project 315-96624, Liquid Disinfection for $174,445.61
Expenditures: (4,205,370) representing interest earnings.
At third quarter, anticipated revenues of the Stormwater Fund equal
Stormwater Fund anticipated expenditures for FY 2008/09.
Revenues: No amendments are proposed at third quarter.
Expenditures: No amendments are proposed at third quarter.
At third quarter, anticipated revenues of the Gas Fund exceed
Gas Fund anticipated expenditures by $7,241,900 for FY 2008/09.
Third quarter amendments to Gas Fund revenues primarily reflect
decreases due to a warm winter and energy conservation. Annual gas
revenues are down $2,669,000 which result in decreases of franchise
revenue by $82,000 and gross receipts tax by $26,000. Reduced
service calls on winter appliances and economic conditions have
resulted in decreases in parts/materials revenues of $110,000. These
amendments, as well as other small increases and decreases in
various line items, result in a net decrease of $2,824,000 in Gas Fund
Revenues: (2,824,000) revenues.
Item # 5
Attachment number 7
Page 2 of 2
City of Clearwater
Utility Funds
Third Quarter Amendments
FY 2008/09
Increase/
(Decrease) Description
Gas Fund
Expenditure amendments at third quarter reflect a net decrease of
$3,126,160 primarily due to a fuel savings of $3,000,000. This
reduction as well as other increases and decreases in various
Expenditures: (3,126,160) operating codes, offset anticipated decreases in operating revenues.
At third quarter, anticipated revenues of the Solid Waste Fund exceed
Solid Waste Fund anticipated expenditures by $ 252,270 for FY 2008/09.
Third quarter amendments reflect a net increase in Solid Waste Fund
revenues of $60,000. Amendments include a $50,000 reduction in
collection revenue related to the construction slowdown, and increases
in contractor collection fees by $20,000, interest on investments by
$60,000, other general revenue by $20,000 and workers compensation
Revenues: 60,000 reimbursements by $10,000.
Third quarter amendments reflect small line item changes with in the
Administration budget. The net change to Solid Waste fund
Expenditures: 0 expenditures is $0.
At third quarter, anticipated revenues of the Recycling Fund exceed
Recycling Fund anticipated expenditures by $7,200 for FY 2008/09.
Third quarter amendments reflect a net decrease in Recycling Fund
revenues of $42,800 primarily due to the low market prices for the sale
of recyclables. Amendments include increases to recycling fees for
both residential and multi-family programs by $53,000 due to FY 09
rate increases and an increase to other general revenue by $3,200 for
an insurance reimbursement. Revenue reductions include the sale of
recyclables by $69,000 and interest on investments by $30,000.
Revenues: (42,800)
Expenditure amendments at third quarter reflect a net decrease of
$50,000 which include the following. A $30,000 decrease in Inventory
Purchases for Resale due to the drop in market prices for recycling,
and a $20,000 decrease in Garage Services due to savings in fuel
Expenditures (50,000) costs.
Item # 5
Attachment number 8
Page 1 of 2
UTILITY FUNDS
THIRD QUARTER REVIEW
For the Nine Month Period of October 1, 2008 to June 30, 2009
WATER & SEWER FUND
2008/09 2008/09
MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance % Amendment Budget
Water & Sewer Fund Revenues
Operating Revenue 54,690,020 40,809,759 40,222,535 (587,224) -1% 0 54,690,020
Non-Operating Revenue 2,772,160 2,079,126 882,650 (1,196,476) -58% 0 2,772,160
Contributions 220,310 165,231 245,269 80,038 48% 0 220,310
Transfers In - 0 0 0 - 6,536,630 6,536,630
Use of Fund Equity 2,219,370 0 0 0 - 1,487,699 3,707,069
Total Revenues 59,901,860 43,054,116 41,350,454 (1,703,662) 4% 8,024,329 67,926,189
Water & Sewer Fund Expenditures
Public Utilities Administration 998,510 792,929 751,803 41,126 5% 0 998,510
Wastewater Collection 5,219,020 4,130,760 3,887,812 242,948 6% (758,520) 4,460,500
Public Utilities Maintenance 2,718,570 2,072,361 1,937,637 134,724 7% 0 2,718,570
WPC/Plant Operations 11,272,210 8,641,020 8,360,947 280,073 3% (532,750) 10,739,460
WPC/Laboratory Operations 1,221,930 918,134 894,123 24,011 3% 0 1,221,930
WPC / Industrial Pretreatment 785,560 602,530 513,020 89,510 15% 0 785,560
Water Distribution 11,361,675 9,610,985 10,899,692 (1,288,707) -13% (4,172,100) 7,189,575
Water Supply 12,483,995 9,318,000 8,380,856 937,144 10% 0 12,483,995
Reclaimed Water 1,985,350 1,517,793 1,424,598 93,195 6% 0 1,985,350
Non-Departmental 11,855,040 8,891,280 7,317,109 1,574,171 18% 1,258,000 13,113,040
Total Expenditures 59,901,860 46,495,792 44,367,596 2,128,196 5% (4,205,370) 55,696,490
STORMWATER FUND
Stormwater Utility Revenues
Operating Revenues 13,255,620 9,941,724 10,056,041 114,317 1% 0 13,255,620
Non-Operating Revenues 470,720 353,037 244,829 (108,208) -31% 0 470,720
Transfers In - 0 0 0 - 0 0
Use of Fund Equity 151,965 0 0 0 - 0 151,965
Total Revenues 13,878,305 10,294,761 10,300,870 6,109 0% 0 13,878,305
Stormwater Utility Expenditures
Stormwater Management
Stormwater Maintenance
Total Expenditures
5,062,550 3,822,050 3,432,948
8,815,755 7,531,666 7,179,717
389,102 10% 0 5,062,550
351,949 5% 0 8,815,755
GAS FUND
Gas Fund Revenues
13,878,305 11,353,716 10,612,665 741,051 7% 0 13,878,305
Operating Revenues 41,788,150 31,205,312 30,037,952 (1,167,360) 4% (2,890,000) 38,898,150
Non-Operating Revenues 1,000,740 789,070 702,000 (87,070) -11% 66,000 1,066,740
Transfers In - 0 0 0 - 0 0
Capitalized Labor 255,000 142,500 221,790 79,290 56% 0 255,000
Use of Fund Equity 2,024,820 0 0 0 - 0 2,024,820
Total Revenues 45,068,710 32,136,882 30,961,742 (1,175,140) 4% (2,824,000) 42,244,710
Gas Fund Expenditures
Administration & Supply 28,495,500 20,918,659 18,124,159 2,794,500 13% (3,043,520) 25,451,980
South Area Gas Operations 4,314,860 3,614,364 3,166,838 447,526 12% (129,460) 4,185,400
North Area Gas Operations 2,953,250 2,329,389 2,296,481 32,909 1% 81,410 3,034,660
Marketing & Sales 2,365,360 1,778,466 1,657,290 121,176 7% (34,590) 2,330,770
Total Expenditures 38,128,970 28,640,878 25,244,768 3,396,111 12% (3,126,160) 35,002,810
10 Item # 5
Attachment number 8
Page 2 of 2
UTILITY FUNDS
THIRD QUARTER REVIEW
For the Nine Month Period of October 1, 2008 to June 30, 2009
2008/09 2008/09
MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance % Amendment Budget
SOLID WASTE FUND
Solid Waste Revenues
Operating Revenue 17,701,000 13,214,003 13,272,943 58,940 0% (30,000) 17,671,000
Non-Operating Revenue 561,300 420,969 537,237 116,268 28% 90,000 651,300
Transfers In 241,950 181,467 181,467 0 0% 0 241,950
Use of Fund Equity 51,000 0 0 0 - 0 51,000
Total Revenues 18,555,250 13,816,439 13,991,647 175,208 1% 60,000 18,615,250
Solid Waste Expenditures
Collection 15,237,430 11,561,625 10,133,326 1,428,299 12% 0 15,237,430
Transfer 1,367,340 1,026,298 926,671 99,627 10% 0 1,367,340
Container Maintenance 742,120 571,860 554,884 16,976 3% 0 742,120
Administration 1,016,090 828,195 808,285 19,910 2% 0 1,016,090
Total Expenditures 18,362,980 13,987,978 12,423,166 1,564,812 11% 0 18,362,980
RECYCLING FUND
Recycling Revenues
Operating Revenue 2,320,089 1,563,930 1,737,163 173,233 11% (12,800) 2,307,289
Non-Operating Revenue 422,771 123,075 115,065 (8,010) -7% (30,000) 392,771
Total Revenues 2,742,860 1,687,005 1,852,228 165,223 10% (42,800) 2,700,060
Recycling Expenditures
Residential 973,090 734,690 746,661 (11,971) -2% 0 973,090
Multi-Family 488,580 368,935 355,169 13,766 4% 0 488,580
Commercial 1,281,190 877,807 876,733 1,074 0% (50,000) 1,231,190
Total Expenditures 2,742,860 1,981,432 1,978,563 2,869 0% (50,000) 2,692,860
11 Item # 5
Attachment number 9
Page 1 of 1
City of Clearwater
Other Enterprise Funds
Third Quarter Amendments
FY 2008/09
Increase/
(Decrease) Description
Anticipated revenues of the Marine Fund exceed anticipated
Marina Fund expenditures by $ 16,570 at third quarter fiscal year 2008/09.
Third quarter revenue amendments reflect a net reduction of
$465,860. Reductions are projected in Slip Rentals, Fuel Sales and
other various line items as a result of economic impacts. An additional
amendment for a cash infusion of $230,000 of Genera Fund reserves
needed to sustain activities with at positive cash balance was
Revenues: (465,860) approved by the Council on September 3, 2009.
Third quarter expenditure amendments reflect a net reduction of
$311,610. Amendments to cost of goods sold and other various line
items are needed to offset the reduction in Marina Fund revenues.
Expenditures: (311,610)
Anticipated revenues of the Airpark Fund exceed anticipated
Airpark Fund expenditures by $12,990 at third quarter fiscal year 2008/09.
Revenues: No amendments are proposed at third quarter.
Third quarter expenditure amendments reflect a budget increase of
$5,000 to cover the increased cost of water and solid waste services.
Expenditures: 5,000 This increase is easily absorbed by anticipated fund revenues.
At third quarter, anticipated revenues of the Parking Fund exceed
Parking Fund anticipated expenditures by $1,141,790 for fiscal year 2008/09.
Revenues: No amendments are proposed at third quarter.
Expenditures: No amendments are proposed at third quarter.
Anticipated revenues of the Harborview Fund equal anticipated
Harborview Fund expenditures at third quarter fiscal year 2008/09.
Revenues: No amendments are proposed at third quarter.
No amendments are proposed at third quarter. The 5% negative
variance in operating expenditures is only a timing difference between
budgeted and actual expenditures related to the contractual service
Expenditures: payment to Globe.
12 Item # 5
Attachment number 10
Page 1 of 2
ENTERPRISE FUNDS
THIRD QUARTER REVIEW
For The Nine Month Period of October 1, 2008- June 30, 2009
2008/09 2008/09
MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance % Amendment Budget
MARINE FUND
MARINE FUND REVENUES
Operating Revenues 4,939,910 3,631,733 2,825,680 (806,053) -22% (686,020) 4,253,890
Non-Operating Revenues 138,880 99,885 99,770 (115) 0% (9,840) 129,040
Transfers In - - - - - 230,000 230,000
Use of Fund Equity - - - - 0 -
TOTAL REVENUES 5,078,790 3,731,618 2,925,450 (806,168) -22% (465,860) 4,612,930
MARINE FUND EXPENDITURES
Marina Operations 4,907,970 3,673,586 3,060,854 612,732 17% (311,610) 4,596,360
Airpark Operations - - - -
TOTAL EXPENDITURES 4,907,970 3,673,586 3,060,854 612,732 17% (311,610) 4,596,360
AIRPARK FUND
AIRPARK FUND REVENUES
Operating Revenues 220,000 201,663 188,897 (12,766) -6% 0 220,000
Non-Operating Revenues 19,000 17,163 14,263 (2,900) -17% 0 19,000
Transfers In - - - - 0 -
Use of Fund Equity - - - - 0 -
TOTAL REVENUES 239,000 218,826 203,160 (15,666) -7% 0 239,000
AIRPARK FUND EXPENDITURES
Airpark Operations 221,010 173,976 135,898 38,078 22% 5,000 226,010
TOTAL EXPENDITURES 221,010 173,976 135,898 38,078 22% 5,000 226,010
PARKING FUND
PARKING FUND REVENUES
Operating Revenues 4,780,590 3,605,388 3,648,741 43,353 1 % 0 4,780,590
Non-Operating Revenues 604,000 452,997 423,708 (29,289) -6% 0 604,000
Transfers In - - - - - 0 -
TOTAL REVENUES 5,384,590 4,058,385 4,072,449 14,064 0% 0 5,384,590
PARKING FUND EXPENDITURES
Public Wks / Parking System 3,392,800 2,689,358 2,262,233 427,125 16% 0 3,392,800
Public Wks / Parking Enforcement 850,000 519,407 457,194 62,213 12% 0 850,000
TOTAL EXPENDITURES 4,242,800 3,208,765 2,719,428 489,337 15% 0 4,242,800
13 Item # 5
Attachment number 10
Page 2 of 2
ENTERPRISE FUNDS
THIRD QUARTER REVIEW
For The Nine Month Period of October 1, 2008- June 30, 2009
2008/09 2008/09
MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance % Amendment Budget
HARBORVIEW FUND
HARBORVIEW CENTER FUND REVENUES
Operating Revenues 190,000 142,497 145,252 2,755 2% 0 190,000
Non-operating Revenues 195,000 146,250 186,721 40,471 28% 0 195,000
Transfers In 340,170 340,170 340,170 - 0% 0 340,170
TOTAL REVENUES 725,170 628,917 672,143 43,226 7% 0 725,170
HARBORVIEW CENTER FUND EXPENDITURES
Harborview Center Operations 725,170 568,882 597,653 (28,771) -5% 0 725,170
TOTAL EXPENDITURES 725,170 568,882 597,653 (28,771) 5% 0 725,170
14 Item # 5
Attachment number 11
Page 1 of 1
City of Clearwater
Internal Service Funds
Third Quarter Amendments
FY 2008/09
Increase/
(Decrease) Description
General Services
Revenues:
Expenditures: At third quarter, anticipated revenues of the General Services Fund
exceed anticipated expenditures by 7,195 for fiscal year 2008/09.
Third quarter amendments reflect the return of $7,194.81 from 315-
94522, Building & Maintenance Asset Management System, with the
7,195 closing of the project.
Third quarter expenditure amendments reflect small line item changes
with in program budgets. The net change to General Services fund
expenditures is $0.
At third quarter, anticipated revenues of the Administrative Services Fund
exceed anticipated expenditures by $21,850 for fiscal year 2008/09.
Administrative Services
Third quarter amendments reflect a reduction in pass back charges to
departments due the savings generated primarily from the elimination of
Revenues: (80,000) cell phones in certain areas.
Third quarter expenditure amendments reflect a reduction in anticipated
costs of $80,000 due primarily to the efficiencies generated with the
elimination of certain cell phones across departments. The net change to
Administrative Services fund expenditures is $0.
Expenditures: (80,000)
At third quarter, anticipated revenues of the Garage Fund exceed
Garage Fund anticipated expenditures by $13,150 for fiscal year 2008/09.
Third quarter amendments reflect a net decrease of $91,850 to Garage
Fund revenues. Budget amendments include: a reduction of $25,000 to
adjust interest on investments to current trends; a reduction of $80,000
reduction in Garage Charges to Departments based on savings in fuel
costs; and an increase of $13,149.56 representing the return of garage
funds from capital project 315-94230, Fleet Asset Management, with the
Revenues: (91,850) close of the project.
Third quarter amendments reflect a net decrease of $105,000 in Garage
Fund Expenditures. Amendments include various increases and
decreases to line items to reflect current activity, but are primarily related
to the reduction in fuel costs, vehicle parts and principal and interest on
leased equipment. Expenditure reductions offset amendments to Garage
Expenditures: (105,000) Fund revenues.
At third quarter, anticipated revenues of the Central Insurance Fund
Central Insurance exceed anticipated expenditures by $3,091,317 for fiscal year 2008/09.
Third quarter revenue amendments reflect a transfer of $397,506.98 in
Central Insurance Fund reserves to project 362-92267, Beach Walk as
approved by the Council on August 6, 2009 and the return of $1,736,097 in
Central Insurance Fund reserves which were advanced to project 315-
93405, Downtown Boat Slips. These funds are able to be returned with
the receipt of a grant and the annual CRA funds to the project for fiscal
Revenues: 2,133,604 2008/09.
Third quarter expenditure amendments reflect a transfer of $397,506.98
in Central Insurance Fund reserves to project 362-92267, Beach Walk as
approved by the Council on August 6, 2009. This transfer reimburses fund
362 for negative interest earnings allocations associated with Beach Walk
Expenditures: 397,507 construction disbursements.
15 Item # 5
Attachment number 12
Page 1 of 2
INTERNAL SERVICE FUNDS
THIRD QUARTER REVIEW
For The Nine Month Period of October 1, 2008 - June 30, 2009
2008/09 2008/09
MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance % Amendment Budget
GENERAL SERVICES FUND
GENERAL SERVICES FUND REVENUES
Billings to Departments 5,212,910 3,909,681 3,927,261 17,580 0% 0 5,212,910
Non-Operating Revenue 35,000 26,250 26,954 704 3% 0 35,000
Transfers In - - - - - 7,195 7,195
Fund Reserves 95,000 - - - - 0 95,000
TOTAL REVENUES 5,342,910 3,935,931 3,954,215 18,284 0% 7,195 5,350,105
GENERAL SERVICES FUND EXPENDITURES
Administration 353,470 325,550 323,824 1,726 1% 0 353,470
Building & Maintenance 4,989,440 3,805,525 3,472,099 333,426 9% 0 4,989,440
TOTAL EXPENDITURES 5,342,910 4,131,075 3,795,923 335,152 8% 0 5,342,910
ADMINISTRATIVE SERVICES FUND
ADMINISTRATIVE SERVICES REVENUE
Operating Revenue 9,509,930 7,132,446 7,016,339 (116,107) -2% (80,000) 9,429,930
Non-Operating Revenue 205,000 153,750 167,411 13,661 9% 0 205,000
Transfers In - - 169,407 169,407 - 0 -
Fund Reserves 135,000 - - - - 0 135,000
TOTAL REVENUES 9,849,930 7,286,196 7,353,157 66,961 1% (80,000) 9,769,930
ADMINISTRATIVE SERVICES EXPENDITURES
Information Technology/Admin 379,030 294,759 273,728 21,031 7% 0 379,030
Information Tech / Network Svcs 2,317,000 1,768,336 1,489,399 278,937 16% 0 2,317,000
Info Tech/ Software Applications 1,978,700 1,576,691 1,472,669 104,022 7% 0 1,978,700
Info Tech / Telecommunications 1,067,530 804,222 696,799 107,423 13% (80,000) 987,530
Public Comm / Courier 173,990 131,407 122,132 9,275 7% 0 173,990
Public Comm / Graphics 504,160 405,063 349,647 55,416 14% 0 504,160
Clearwater Customer Service 3,407,670 2,670,434 2,394,181 276,253 10% 0 3,407,670
TOTAL EXPENDITURES 9,828,080 7,650,912 6,798,556 852,356 11% (80,000) 9,748,080
GARAGEFUND
GARAGE FUND REVENUES
Billings to Departments 11,368,680 8,076,604 8,436,006 359,402 4% (80,000) 11,288,680
Non-Operating Revenue 685,300 558,978 471,780 (87,198) -16% (25,000) 660,300
Transfers In - - 157,385 157,385 - 13,150 13150
Fund Reserves 51,000 - - - - 0 51,000
TOTAL REVENUES 12,104,980 8,635,582 9,065,171 429,589 5% (91,850) 12,013,130
Garage Fund Expenditures
Fleet Maintenance 11,453,290 8,274,229 8,263,934 10,295 0% (115,000) 11,338,290
Radio Communications 651,690 492,852 335,386 157,466 32% 10,000 661,690
TOTAL EXPENDITURES 12,104,980 8,767,081 8,599,320 167,761 2% (105,000) 11,999,980
16 Item # 5
Attachment number 12
Page 2 of 2
INTERNAL SERVICE FUNDS
THIRD QUARTER REVIEW
For The Nine Month Period of October 1, 2008 - June 30, 2009
2008/09 2008/09
MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance % Amendment Budget
CENTRAL INSURANCE FUND
CENTRAL INSURANCE FUND REVENUES
Billings to Departments 18,211,640 13,658,724 13,081,534 (577,190) 4% 0 18,211,640
Non-Operating Revenue 1,675,000 1,256,250 910,323 (345,927) -28% 0 1,675,000
Transfers In 183,270 175,770 121,644 (54,126) -31% 1,736,097 1,919,367
Fund Reserves 11,172,925 - - - 397,507 11,570,432
TOTAL REVENUES 31,242,835 15,090,744 14,113,501 (977,243) -6% 2,133,604 33,376,439
CENTRAL INSURANCE FUND EXPENDITURES
Finance / Risk Management 414,490 324,681 300,572 24,109 7% 0 414,490
Human Resources / Employee Benefits 322,460 249,380 206,010 43,370 17% 0 322,460
Non-Departmental 29,150,665 24,656,221 23,319,013 1,337,208 5% 397,507 29,548,172
TOTAL EXPENDITURES 29,887,615 25,230,282 23,825,595 1,404,687 6% 397,507 30,285,122
17 Item # 5
Attachment number 13
Page 1 of 11
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2008/09
Increase/
Amdmt Project (Decrease) Transfer Net Budget
# Number Amount Amount Description Amendment
Thermal Imaging Cameras - CLOSE PROJECT
315-91260 (22) To record a budget decrease in the amount of $22.00 of
General Fund revenue. The cameras and accessories have been
purchased and the project will be closed. (22)
Self-Contained Breathing Apparatus Upgrade-Fill Station
315-91262 (400) CLOSE PROJECT
To record a budget decrease in the amount of $400.00 of
General Fund revenue. The equipment and accessories have
been purchased and the project will be closed. (400)
Beach Walk
357-92267 (8,384) To record a budget transfer in the amount of $8,384.46 of 2004
Stormwater Bond proceeds to project 357-96124, Storm Pipe
System Improvements. This will allow for the use of bond
proceeds first.
362-92267 397,507 To record a budget increase in the amount of $397,506.98 of
Central Insurance Fund reserves, which will reimburse Fund 362
for negative interest earnings allocation associated with Beach
Walk construction disbursements. This was approved by City
Council on August 6, 2009.
378-92267 (4,309) To record a budget transfer in the amount of $4,309.24 of 2006
Water & Sewer Bond proceeds to project 378-96664, WPC
R&R. This will allow for the oldest bond proceeds to be utilized
fi rst. 384,813
Streets & Sidewalks
315-92273 42,416 To record a budget transfer in the amount of $42,416 of Gas
Fund revenue from project 315-96358, Environmental
Remediation. This amendment will provide payment to Ajax
Paving Industries for miscellaneous patching and preparation,
additional asphalt and new paving at the Clearwater Gas Parking
Lot. This was approved by City Council on September 3, 2009. 42,416
East Avenue Trail - NEW PROJECT
315-92343 1,392,000 To establish the project budget in the amount of $1,392,000 of
F.D.O.T. grant funding. This was approved by City Council on
September 3, 2009. 1,392,000
Intersection Improvements
315-92558 321,168 To record a budget increase in the amount of $321,168.25 of
Pinellas County revenue received for the reimbursement of the
Court Street Improvements project. The Court Street
Improvements include the installation of mast arm traffic signals,
sidewalk widening, southbound turn lanes, lane realignment,
and establish a pedestrian crossing. This was approved by City
Council on October 2, 2008. 321,168
Item # 5
19 * indicates budget amendment only
Attachment number 13
Page 2 of 11
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2008/09
Increase/
Amdmt Project (Decrease) Transfer Net Budget
# Number Amount Amount Description Amendment
7 Parking Lot Improvements
315-92636 150,000 To record a budget increase in the amount of $150,000.00 of
Developers Contributions representing funds for the expansion
of the Patel parking lot and site improvements. This was
approved by City Council on December 18, 2009. 150,000
8 Beach Parking Garage
362-92648 2,065 To record a budget increase in the amount of $2,065.22 of 2008
Improvement Revenue Bond proceeds which represents
proceeds at the time of bond issuance. 2,065
9 Concrete sidewalk & Pad Repairs
315-93204 15,000 To record a budget transfer in the amount of $15,000.00 of
General Fund revenue from project 315-93229, Tennis Court
Resurfacing, to provide additional funding to this project. 15,000
10 Tennis Court Resurfacing
315-93229 (15,000) To record a budget transfer in the amount of $15,000.00 of
General Fund revenue to project 315-93204, Concrete Sidewalk
and Pad Repairs, to provide additional funding to the project. (15,000)
11 Joe DiMaggio Sports Complex Demo - CLOSE PROJECT
315-93257 (396) To record a budget transfer in the amount of $396.02 of General
Fund revenue to project 315-93278, Long Center Infrastructure
Repair.
315-93257 (44) To record a budget transfer in the amount of $43.81 of General
Fund revenue to project 315-93264, Enterprise Dog Park.
The project is complete and these amendments will close the
project. (440)
12 Enterprise Road Dog Park
315-93264 44 To record a budget transfer in the amount of $43.81 of General
Fund revenue from project 315-93257, Joe DiMaggio Sports
Complex Demo. 44
13 Beach Library / Recreation Center Renovations
325-93265 4,000 To record a budget increase in the amount of $4,000.00 of
General Fund revenue derived from operating savings in the
Cultural Affairs operating budget.
325-93265 4,108 To record a budget transfer in the amount of $4,108.00 of
315-93265 (4,108) General Fund revenue from project 315-93265, Beach Library
Recreation Center Renovation.
These amendments will provide the funds necessary for the
purchase of a public art glass installation entitled "Untitled",
which will be installed at the Clearwater Beach Library.
These amendments were approved by City Council on August
6, 2009. 4,000
Item # 5
20 * indicates budget amendment only
Attachment number 13
Page 3 of 11
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2008/09
Increase/
Amdmt Project (Decrease) Transfer Net Budget
# Number Amount Amount Description Amendment
14 Long Center Infrastructure Repairs
315-93278 396 To record a budget transfer in the amount of $396.02 of
General Fund revenue from project 315-93257, Joe DiMaggio
Sports Complex Demo. 396
15 Bayfront Promenade
315-93402 (4,150) To reverse the Mid Year budget transfer in the amount of
$4,150.00 of Infrastructure Sales Tax / Penny for Pinellas
revenue that was transferred to project 315-93407, Sailing
Center expansion in error.
315-93402 2,512 To record a budget transfer in the amount of $2,511.60 of
General Fund revenue from project 315-93407, Sailing Center
Expansion. (1,638)
16 Downtown Boat Slips
315-93405 1,236,097 To record a budget increase in the amount of $1,236,097.00 of
Other State Grant revenue from the Florida Fish and Wildlife
Conservation Commission, to construct, renovate, and maintain
publicly owned boating infrastructure transient tie-up facilities.
This was approved by City Council on August 6, 2009
315-93405 (1,736,097) To record a budget decrease in the amount of $1,736,097.00 of
Central Insurance Fund revenue that were advanced from the
Central Insurance Fund as a result of the receipt of the grant
funds and the $500,000 funded in the CRA in the current fiscal (500,000)
year. This was approved by City Council on August 6, 2009.
17 Sailing Center Expansion
315-93407 4,150 To reverse the Mid Year budget transfer in the amount of
$4,150.00 of Infrastructure Sales Tax/ Penny for Pinellas
revenue that was transferred from project 315-93402, Bayfront
Promenade in error.
315-93407 (2,512) To record a budget transfer in the amount of $2,511.60 of
General Fund revenue to project 315-93402, Bayfront
Promenade.
315-93407 (1,638) To record a budget decrease in the amount of $1,638.40 of
Sales Tax Infrastructure / Penny for Pinellas revenue and return
the funds to the Special Development Fund.
18 Dock Construction
315-93495 (14,892) To record a budget transfer in the amount of $14,891.72 of
Marina Fund revenue to project 315-94510, Air Conditioner
Replacement City Wide. This amendment will fund the deficit
in the Air Conditioner Replacement project caused by higher
than anticipated replacement costs. (14,892)
19 Ross Norton Park Improvements - CLOSE PROJECT
315-93605 (22,857) To record a budget decrease in the amount of $22,857.40 of
General Fund revenue and return these funds. This project is
complete and will be closed. (22,857)
Item # 5
21 * indicates budget amendment only
Attachment number 13
Page 4 of 11
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2008/09
Increase/
Amdmt Project (Decrease) Transfer Net Budget
# Number Amount Amount Description Amendment
20 Miscellaneous Minor Public Art
315-93608 3,000 To record a budget increase in the amount of $3,000.00 of
Developer Public Art Contribution funds from the Special
Development Fund. This amendment will supplement the
project budget for "Sculpture360: Season I I - Art in the Cleveland
Street District. This was approved by City Council on August
6, 2009 3,000
21 Fleet Asset Management System - CLOSE PROJECT
315-94230 (13,150) To record a budget decrease in the amount of $13,149.56 of
Garage Fund revenue and return these funds. The project is
complete and will be closed. (13,150)
22 315-94233 31,232 Motorized Equipment - Cash
To record a budget increase of $31,232 of insurance proceeds to
match budgeted revenue with actual cash proceeds. 31,232
23 Air Conditioner Replacement City Wide.
315-94510 14,892 To record a budget transfer in the amount of $14,891.72 of
Marina Fund revenue from project 315-93495, Dock
Construction. This amendment will fund the Marina Fund
portion of the deficit in this project due to the replacement costs
being higher than anticipated. 14,892
24 B&M Asset Management System - CLOSE PROJECT
315-94522 (7,195) To record a budget decrease in the amount of $7,194.81 of
General Services revenue and return these funds. The project is
complete and will be closed. (7,195)
25 MSB/Library Hurricane Protection - CLOSE PROJECT
315-94622 (16,200) To record a budget decrease in the amount of $16,200.00 of
General Fund revenue, which will be returned to the
unappropriated retained earnings of the General Fund. This
project is completed and will be closed. (16,200)
26 Public Communications Office Renovations - CLOSE
PROJECT
315-94623 (3,038) To record a budget decrease in the amount of $3,038.18 of
General Fund revenue, which will be returned to the
unappropriated retained earnings of the General Fund. This
project is completed and will be closed. (3,038)
27 Storm Pipe System Improvements
315-96124 27,445 To record a budget transfer in the amount of $27,445.34 of
Stormwater Utility revenue from project 315-96141, Kapok Flood
Resolution.
357-96124 8,384 To record a budget transfer in the amount of $8,384.46 of 2004
Stormwater Bond proceeds from project 357-92267, Beach
Walk. This will allow for the use of bond proceeds first. 35,830
Item # 5
22 * indicates budget amendment only
Attachment number 13
Page 5 of 11
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2008/09
Increase/
Amdmt Project (Decrease) Transfer Net Budget
# Number Amount Amount Description Amendment
28 Kapok Flood Resolution - CLOSE PROJECT
315-96141 (9,375) To record a budget decrease in the amount of $9,375.09 of
FDEP grant revenue. This project is complete and will not be
receiving the funds. The project will be closed.
315-96141 (27,445) To record a budget transfer in the amount of $27,445.34 of
Stormwater Utility revenue to project 315-96124, Storm Pipe
System Improvements. This project is complete and will be
closed. (36, 820)
29 Alligator Creek Implementation Phase II
315-96154 (792,274) To record a budget transfer in the amount of $792,274.00 of
Stormwater Utility revenue to project 315-96171, Alligator Creek
Channel F Drain Improvements. This was approved by City
Council on August 6, 2009.
315-96154 (1,000,000) To record a budget transfer in the amount of $1,000,000.00 of
SWFWMD grant revenues to project 315-96171, Alligator Creek
Channel F Drain Improvements. This was approved by City
Council on August 6, 2009.
315-96154 (1,768,951) To record a budget decrease in the amount of $1,768,951.00 of
SWFWMD grant revenues. The Channel A improvements will not
be done since the benefits are not commensurate with the cost.
This was approved by City Council on September 17, 2009. (3,561,225)
30 Coastal Basin Improvements
315-96161 175,683 To record a budget transfer in the amount of $175,682.54 of
Stormwater Utility revenue from project 315-96170, Coastal
Basins Projects
315-96161 (175,683) To record a budget transfer in the amount of $175,682.54 of
Drainage Impact fees to project 315-96170, Coastal Basins
Project.
These two amendments will correct 1st quarter Budget
Amendments.
31 Coastal Basins Projects
315-96170 (175,683) To record a budget transfer in the amount of $175,682.54 of
Stormwater Utility revenue to project 315-96170, Coastal
Basins Improvements.
315-96170 175,683 To record a budget transfer in the amount of $175,682.54 of
Drainage Impact fee from project 315-96161, Coastal Basin
Improvements.
These two amendments will correct 1st quarter Budget
Amendments.
Item # 5
23 * indicates budget amendment only
Attachment number 13
Page 6 of 11
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2008/09
Increase/
Amdmt Project (Decrease) Transfer Net Budget
# Number Amount Amount Description Amendment
32 Alligator Creek Channel F Drain Improvements - NEW PROJECT
315-96171 792,274 To establish the project with a budget transfer in the amount of
$792,274.00 of Stormwater Utility revenue from project
315-96154, Alligator Creek Implementation Phase II. This was
approved by City Council on August 6, 2009.
315-96171 1,000,000 To record a budget increase in the amount of $1,000,000.00 of
SWFWMD grant revenues from project 315-96154, Alligator
Creek Implementation Phase II. This was approved by City
Council on August 6, 2009.
The Alligator Creek Channel F Drainage Improvements project
includes construction of gabion embankments and realignment
of the channel to the flow path within the City's easement.
Existing box culverts will be upsized and utilities adjusted or
improved. 1,792,274
33 Environmental Remediation
315-96358 (42,416) To record a budget transfer in the amount of $42,416.00 of
Gas Fund revenue to project 315-92273, Streets & Sidewalks.
This amendment will provide payment to Ajax Paving
Industries for miscellaneous patching and preparation,
additional asphalt and new paving at the Clearwater Gas Parking
Lot. This was approved by City Council on September 3, 2009. (42,416)
34 Pinellas New Mains Service Lines
315-96377 64,362 To record a budget increase in the amount of $64,361.72 of
Property Owners share of revenue. This will bring budgeted
revenues in line with actual revenues. 64,362
35 Citywide Aerial Photography
315-96516 (11,378) To record a budget transfer in the amount of $11,377.97 of
Water revenue to project 315-96721, System R&R -
Maintenance. This will eliminate excess funding in this project.
315-96516 (11,378) To record a budget transfer in the amount of $11,377.97 of
Sewer revenue to project 315-96620, WWTP Headworks. This
will eliminate excess funding in this project. (22,756)
36 Bio Solids Treatment
315-96611 124,159 To record a budget increase in the amount of $124,159.35 of
Other Governmental revenue, which reflects actual cash
reimbursements received from the City of Safety Harbor.
315-96611 (700,000) To record a budget decrease in the amount of $700,000.00 of
Sewer revenue to reduce the project budget as approved by the
City Council on September 17, 2009. (575,841)
Item # 5
24 * indicates budget amendment only
Attachment number 13
Page 7 of 11
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2008/09
Increase/
Amdmt Project (Decrease) Transfer Net Budget
# Number Amount Amount Description Amendment
37 WWTP Generator Replacements
315-96619 (225,000) To record a budget decrease in the amount of $225,000.00 of
Sewer revenue to reduce the project budget as approved by the
City Council on September 17, 2009. (225,000)
38 WWTP Headworks
315-96620 11,378 To record a budget transfer in the amount of $11,377.97 of
Sewer revenue from project 315-96516, Citywide Aerial
Photography. This will eliminate excess funding in the Citywide
Aerial Photography project. 11,378
39 Liquid Disinfection
315-96624 174,446 To record a budget increase in the amount of $174,445.61 of
Sewer revenue. This represents excess cash equal to the
interest earnings from 3rd. quarter FY 09 in the 2009 Water &
Sewer Revenue Bond Construction Fund.
376-96624 38,585 To record a budget increase in the amount of $38,585.47 of
2009 Water Sewer Bond proceeds. This represents additional
bond proceeds for projects in fund 376. 213,031
40 Sanitary Sewer Relocation Accommodation
315-96634 (600,000) To record a budget decrease in the amount of $600,000.00 of
Sewer revenue to reduce the project budget as approved by the
City Council on September 17, 2009. (600,000)
41 Facility Upgrade & Improvements
315-96654 (468,830) To record a budget decrease in the amount of $468,830.00 of
Sewer revenue to reduce the project budget as approved by the
City Council on September 17, 2009. (468,830)
42 WPC R & R
315-96664 (500,000) To record a budget decrease in the amount of $500,000.00 of
Sewer revenue to reduce the project budget as approved by the
City Council on September 17, 2009.
315-96664 55,254 To record a budget increase in the amount of $55,253.77 of
Sewer revenue from fund 421- WPC Plant Operations. This
represents excess cash equal to the interest earnings from 4th
quarter FY 08 and 1st. - 3rd. Quarter FY 09 in the 2006 Water &
Sewer Revenue Bond Construction Fund.
376-96664 (122,434) To record a budget transfer in the amount of $122,433.75 of
2009 Water Sewer Bond proceeds to project 376-96760,
Elevated Water Tanks. This will allow for the oldest bond
proceeds to be utilized first.
378-96664 122,434 To record a budget transfer in the amount of $122,433.75 of
2006 Water Sewer Bond proceeds from project 378-96760,
Elevated Water Tanks. This will allow for the oldest bond
proceeds to be utilized first.
Item # 5
25 * indicates budget amendment only
Attachment number 13
Page 8 of 11
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2008/09
Increase/
Amdmt Project (Decrease) Transfer Net Budget
# Number Amount Amount Description Amendment
42 WPC R & R - continued
378-96664 4,309 To record a budget transfer in the amount of $4,309.24 of 2006
Water & Sewer Bond proceeds from project 378-92267, Beach
Walk. This will allow for the oldest bond proceeds to be utilized
fi rst. (440, 437)
43 Pump Station Replacement
315-96686 (2,300,000) To record a budget decrease in the amount of $2,300,000.00 of
Sewer revenue to reduce the project budget as approved by the
City Council on September 17, 2009. (2,300,000)
44 System R&R - Maintenance
315-96721 11,378 To record a budget transfer in the amount of $11,377.97 of
Water revenue from project 315-96516, Citywide Aerial
Photography. This will eliminate excess funding in the Citywide
Aerial Photography project. 11,378
45 Reclaimed Water Distribution
315-96739 218,571 To record a budget increase in the amount of $218,571.16 of
U.S. Department of Environmental Protection Agency revenue,
which reflects actual cash received.
315-96739 211,623 To record a budget increase in the amount of $211,623.00 of
Other Governmental revenue, for the Southwest Florida Water
Management District's share of the Chautauqua and Coachman
Ridge area, as well as the Morningside area reclaimed water
projects. This amendment will fund the construction engineering
and inspection services of new reclaimed water transmission
and distribution mains for the above mentioned areas. This
was approved by City Council on June 18, 2009
315-96739 1,333,520 To record a budget increase in the amount of $1,333,519.64 of
Other Governmental revenue, for the Southwest Florida Water
Management District's share of the Morningside Reclaimed
Water System transmission and distribution pipeline.
This was approved by City Council on June 18, 2009.
315-96739 2,827,996 To record a budget increase in the amount of $2,827,995.95 of
Other Governmental revenue, for the Southwest Florida Water
Management District's share of the Skycrest Reclaimed Water
Project. This amendment will fund the transmission and
distribution portion of the contract. This was approved by City
Council on June 18, 2009.
315-96739 1,307,025 To record a budget increase in the amount of $1,307,024.79 of
Other Governmental revenue, for the Southwest Florida Water
Management District's share for the construction of the
Chautauqua / Coachman Ridge Reclaimed Water Project.
This project is for the construction of new reclaimed water
transmission and distribution mains. This was approved by the
City Council on June 18, 2009.
Item # 5
26 * indicates budget amendment only
Attachment number 13
Page 9 of 11
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2008/09
Increase/
Amdmt Project (Decrease) Transfer Net Budget
# Number Amount Amount Description Amendment
45 Reclaimed Water Distribution - continued
315-96739 1,520,701 To record a budget increase in the amount of $1,520,700.50 of
Other Governmental revenue, for the Southwest Florida Water
Management District's share of the Skycrest Reclaimed Water
Project. This amendment will fund the booster pump station
portion of the project . This was approved by City Council on
July 16, 2009.
315-96739 (2,883,242) To record a budget decrease in the amount of $2,883,242.07 of
Sewer revenue to reduce the project budget as approved by the
City Council on September 17, 2009. 4,536,193
46 Water Supply / Treatment
315-96740 (520,002) To record a budget decrease in the amount of $520,002.01 of
Water revenue to reduce the project budget as approved by the
City Council on September 17, 2009. (520,002)
47 System R & R - Capitalized
315-96741 (1,496,496) To record a budget decrease in the amount of $1,496,495.88 of
Water revenue to reduce the project budget as approved by the
City Council on September 17, 2009.
315-96741 (263,007) To record a budget decrease in the amount of $263,007.39 of
Contribution - Developers revenue ($202,385.41) and Property
Owners Share revenue (60,621.98). This will bring cash in the
project inline with the project budget. (1,759,503)
48 Line Relocation - Capitalized
315-96742 (547,639) To record a budget decrease in the amount of $547,638.70 of
Water revenue to reduce the project budget as approved by the
City Council on September 17, 2009.
376-96742 (198,651) To record a budget transfer in the amount of $198,651.11 of
2009 Water Sewer Bond proceeds to project 376-96761,
Telemetry for Wells. This will allow for the oldest bond proceeds
to be utilized first.
378-96742 198,651 To record a budget transfer in the amount of $198,651.11 of
2006 Water Sewer Bond proceeds from project 376-96761,
Telemetry for Wells. This will allow for the oldest bond proceeds
to be utilized first.
376-96742 (217,652) To record a budget transfer in the amount of $217,651.93 of
2009 Water Sewer Bond proceeds to project 376-96763,
Wellfield Expansion. This will allow for the oldest bond proceeds
to be utilized first.
378-96742 217,652 To record a budget transfer in the amount of $217,651.93 of
2006 Water Sewer Bond proceeds from project 376-96763,
Wellfield Expansion. This will allow for the oldest bond proceeds
to be utilized first. (547,639)
Item # 5
27 * indicates budget amendment only
Attachment number 13
Page 10 of 11
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2008/09
Increase/
Amdmt Project (Decrease) Transfer Net Budget
# Number Amount Amount Description Amendment
49 Well Rehabilitation - CLOSE PROJECT
315-96750 (493,743) To record a budget decrease in the amount of $493,743.26 of
Water revenue to reduce the project budget as approved by the
City Council on September 17, 2009. (493,743)
50 Florida in Water System
315-96758 (206,000) To record a budget decrease in the amount of $206,000.00 of
Water revenue to reduce the project budget as approved by the
City Council on September 17, 2009. (206,000)
51 Elevated Water Tanks
376-96760 122,434 To record a budget transfer in the amount of $122,433.75 in
2009 Water Sewer Bond proceeds from project 376-96664, WPC
R & R. This will allow for the oldest bond proceeds to be utilized
fi rst.
378-96760 (122,434) To record a budget transfer in the amount of $122,433.75 in
2006 Water Sewer Bond proceeds to project 378-96664, WPC
R & R. This will allow for the oldest bond proceeds to be utilized
fi rst.
52 Telemetry For Wells
315-96761 (389,048) To record a budget decrease in the amount of $389,048.08 of
Water revenue to reduce the project budget as approved by the
City Council on September 17, 2009.
376-96761 198,651 To record a budget transfer in the amount of $198,651.11 of
2009 Water Sewer Bond proceeds from project 376-96742, Line
Relocation - Capitalized. This will allow for the oldest bond
proceeds to be utilized first.
378-96761 (198,651) To record a budget transfer in the amount of $198,651.11 of
2006 Water Sewer Bond proceeds to project 376-96742, Line
Relocation - Capitalized. This will allow for the oldest bond
proceeds to be utilized first. (389,048)
53 Wellfield Expansion
315-96763 (670,000) To record a budget decrease in the amount of $670,000.00 of
Water revenue to reduce the project budget as approved by the
City Council on September 17, 2009.
376-96763 217,652 To record a budget transfer in the amount of $217,651.93 of
2009 Water Sewer Bond proceeds from project 376-96742, Line
Relocation - Capitalized. This will allow for the oldest bond
proceeds to be utilized first.
378-96763 (217,652) To record a budget transfer in the amount of $217,651.93 of
2006 Water Sewer Bond proceeds to project 378-96742, Line
Relocation - Capitalized. This will allow for the oldest bond
proceeds to be utilized first. (670,000)
Item # 5
28 * indicates budget amendment only
Attachment number 13
Page 11 of 11
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2008/09
Increase/
Amdmt Project (Decrease) Transfer Net Budget
# Number Amount Amount Description Amendment
54 Hydra Stop System - CLOSE PROJECT
316-96770 (3,824) To record a budget decrease in the amount of $3,824.00 of
Lease Purchase revenue. This project is complete and will be
closed. (3,824)
55 Recycling Equipment Replacement
315-96806 4,400 To record a budget transfer in the amount of $4,400.00 of
Recycling revenue from project 315-96807, Recycling Vehicle
Acquisitions. We have purchased the vehicle and that project
will be closed. 4,400
56 Recycling Vehicle Acquisitions - CLOSE PROJECT
315-96807 (4,400) To record a budget transfer in the amount of $4,400.00 of
Recycling revenue to project 315-96806, Recycling Equipment
Replacement. We have purchased the vehicle and the project
will be closed. (4,400)
TOTALS (4,432,444) 0
29
(4, 432, 444)
Item # 5
* indicates budget amendment only
Attachment number 14
Page 1 of 6
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2008 to June 30, 2009
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/08 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
PUBLIC SAFETY
Police Protection
91147 Police Computer Network - II 646,028 375,994 375,994 275,994 100,000
Sub-Total 646,028 375,994 0 375,994 275,994 0 100,000
Fire Protection
91221 EMS Capital Equipment 1,037,316 1,037,316 1,037,316 1,031,480 745 5,092
91226 Vehicular Support 505,509 505,509 505,509 451,087 54,422
91229 Replace & Upgrade Airpacks 802,000 802,000 802,000 733,410 8,654 59,936
91236 Rescue Vehicle 447,560 462,967 462,967 462,967 0
91242 Fire Training Facility 4,915,000 4,915,000 4,915,000 4,530,785 52,875 331,340
91247 Traffic Pre-Emption 180,000 29,548 29,548 29,548 0
91252 Station 48 Renovation/Expansion 651,500 651,500 651,500 190,676 356,788 104,037
91253 Main Station (Fire) 3,000,000 3,000,000 3,000,000 81,549 65,129 2,853,322
91255 Exhaust Systems 155,480 155,480 155,480 121,436 34,044
91256 Security Access Systems 90,380 90,380 90,380 37,647 52,733
91257 AED Program 60,500 60,500 60,500 35,585 1,645 23,270
91258 Ladder Truck Equipment 150,000 150,000 150,000 93,558 56,442
91259 Radio Replacements 150,000 150,000 150,000 81,876 68,124
91260 Thermal Imaging Cameras 20,000 20,000 (22) 19,978 19,978 0
91261 Personal Protection Equipment 456,000 456,000 456,000 272,951 183,049
91262 SCBA Upgrades-Fill Station 73,900 73,900 (400) 73,500 73,500 0
91263 Extrication Tools 56,000 56,000 56,000 56,000 0
91264 Fire Hose Replacement 25,000 25,000 25,000 23,327 1,673
Sub-Total 12,776,145 12,641,100 (422) 12,640,678 8,182,598 630,598 3,827,483
TRANSPORTATION
New Street Construction
92146 Druid Road Improvements 4,362,191 4,042,774 4,042,774 1,469,554 149,719 2,423,500
Sub-Total 4,362,191 4,042,774 0 4,042,774 1,469,554 149,719 2,423,500
Major Street Maintenance
92259 Traffic Calming 12,487,941
92267 Beach Walk 31,533,448
92268 Bluff to Beach Guideway 140,000
92269 Downtown Streetscape 11,146,370
92270 Gulf to Bay/ Highland Improvemen 1,500,000
92273 Streets and Sidewalks 9,111,743
92274 Bridge Maintenance & Improvemer 949,820
92275 Downtown Streetscape- Phase II 0
Sub-Total 66,869,322
Sidewalks and Bike Trail
92339 New Sidewalks 550,849
92340 Clw Bch West Bridge Connector 4,967,276
92342 Beach Connector Trail 1,556,390
92343 East Avenue Trail 0
Sub-Total 7,074,515
Intersections
92551 City-Wide Intersection Improvemen 965,778
92552 Signal Renovation 1,110,698
92553 New Signal Installation 881,789
92558 Intersection Improvements-II 2,085,742
Sub-Total 5,044,007
12,487,941 12,487,941
31,555,064 384,813 31,939,877
140,000 140,000
9,928,741 9,928,741
1,500,000 1,500,000
9,228,969 42,416 9,271,385
949,820 949,820
2,626,764 2,626,764
68,417,298 427,229 68,844,528
550,849 550,849
4,398,086 4,398,086
1,875,807 1,875,807
0 1,392,000 1,392,000
6,824,743 1,392,000 8,216,743
970,848 970,848
1,110,698 1,110,698
881,789 881,789
2,085,742 321,168 2,406,910
5,049,077 321,168 5,370,245
5,664,697 1,602,473 5,220,771
30,991,634 519,694 428,550
90,000 50,000
9,928,741 0
5,668 1,494,332
1,739,102 2,229,983 5,302,300
191,199 4,801 753,820
68,765 130,579 2,427,420
48,679,804 4,487,530 15,677,193
468,500 82,349
4,398,086 0
256,268 1,075,431 544,109
1,392,000
5,122,853 1,075,431 2,018,458
441,009 20,782 509,056
1,029,362 13,540 67,796
800,769 81,020
1,334,012 21,921 1,050,977
3,605,152 56,243 1,708,849
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CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2008 to June 30, 2009
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/08 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Parking
92630 Parking Lot Resurfacing 1,561,603 1,461,603 1,461,603 593,285 868,317
92632 Parking Garage Structure Repair 1,368,432 1,368,432 1,368,432 703,375 665,057
92636 Parking Lot Improvement 1,297,627 1,397,627 150,000 1,547,627 1,239,259 82,048 226,321
92641 Seashell Parking Lot 6,000,000 6,000,000 6,000,000 6,000,000
92646 Station Square Parking 1,300,000 1,300,000 1,300,000 1,262,965 37,035
92648 Beach Parking Garage 0 8,250,000 2,065 8,252,065 8,252,065
Sub-Total 11,527,661 19,777,662 152,065 19,929,728 3,798,884 82,048 16,048,795
Miscellaneous Engineering
92820 Memorial Causeway Br Replace 37,258,665 37,258,665 37,258,665 36,954,446 42,405 261,813
92822 Miscellaneous Engineering 469,025 469,025 469,025 273,259 195,767
92838 Variable Message Boards 80,000 53,750 53,750 53,750 0 C
Sub-Total 37,807,690 37,781,440 0 37,781,440 37,281,454 42,405 457,580
Park Development
93203 Carpenter Field-Infras Rep/Improve 180,000 180,000 180,000 70,747 109,253
93204 Concrete Sidewalk & Pad Repair 477,913 502,913 15,000 517,913 501,587 16,325
93205 Com Sprts Cmp Infr Rep/Improve 325,822 345,822 345,822 325,376 4,000 16,446
93213 Park Amenity Purch & Rplcmnt 809,942 809,942 809,942 747,831 38,278 23,833
93229 Tennis Court Resurfacing 621,582 621,582 (15,000) 606,582 526,797 79,786
93230 Playgrd & Fitness Equip Purch-Rer 1,455,210 1,455,210 1,455,210 1,311,873 143,338
93246 Long Center Pool Project 925,000 925,000 925,000 915,128 1,040 8,832
93247 Fitness Equipment Replacement 100,000 100,000 100,000 58,679 2,665 38,656
93248 National Guard Armory Renovation 850,140 850,140 850,140 802,290 47,847 3
93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 3,135,000 40,685 2,070 3,092,245
93255 Park&Beau Maint Bldg 100,000 94,327 94,327 94,327 0
93256 C/S Comm Pk Bldg 425,000 415,288 415,288 415,288 0
93257 Joe D Sports Complex Demo 296,000 296,000 (440) 295,560 295,560 0
93262 Fencing Replacement Program 1,117,555 1,117,555 1,117,555 1,037,624 79,931
93263 Public Art Maintenance 1,498 1,498 1,498 1,498
93264 Enterprise Road Dog Park 468,905 468,905 44 468,949 139,661 205,000 124,288
93265 Beach Library/Rec Ctr Renovations 810,873 810,873 4,000 814,873 759,337 46,923 8,613
93269 Light Replacement 1,676,676 1,700,677 1,700,677 1,689,312 171 11,194
93271 Swimming Pool R&R 414,400 414,401 414,401 235,908 499 177,994
93272 Bike Paths/Bridges 2,250,000 2,250,000 2,250,000 1,099,275 70,927 1,079,798
93273 Restrooms on Clearwater Beach 588,000 588,000 588,000 29,392 60,234 498,374
93277 Harborview Infra Rep/Impr 635,451 635,451 635,451 374,834 260,618
93278 Long Center Infra Repairs 368,708 368,708 396 369,104 362,978 6,126 0
93286 Parking Lot/Bike Path Rsr/Imprv 436,943 411,943 411,943 337,975 16,035 57,934
93601 Lake Chaut Equest & Nat Preserve 6,000,000 3,695,000 3,695,000 2,215,661 1,479,339
93602 Sp Events Equip Rep & Rplcmnt 60,000 60,000 60,000 42,520 17,480
93603 Forklift 34,000 25,299 25,299 25,299 0
93604 Brdwlks & Docks Rep & Rplcmnt 125,000 125,000 125,000 39,475 85,525
93605 Ross Norton Park Improvements 200,000 200,000 (22,857) 177,143 177,143 0
93606 Carpenter Complex Clubhouse Rer 3,000,000 3,200,000 3,200,000 1,031,551 1,985,782 182,667
93607 P&R Cust Mgmt & Fac Sch Sys 60,000 60,000 60,000 38,357 21,643 0
93608 Misc Minor Public Art 10,553 10,553 3,000 13,553 13,553
93609 Clearwater Golf Course Acquisition 2,025,000 2,149,115 2,149,115 2,149,115 0
93610 Bulldozer 205,000 0 0 0
93611 Multi Terrain Loader 58,000 57,188 57,188 57,188 0
93612 McMullen Tennis Complex 400,000 400,000 400,000 6,691 393,309
93614 Royalty Theater Acquisition 0 2,650,000 2,650,000 2,450,694 199,306
93615 Aging Well Center 0 1,029,720 1,029,720 54,887 14,800 960,033
Sub-Total 30,648,171 32,161,110 (15,857) 32,145,253 20,461,044 2,524,039 9,160,167
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CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2008 to June 30, 2009
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/08 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Marine Facilities
93402 Bayfront Promenade 1,377,227 1,377,227 (1,638) 1,375,589 1,265,454 53,605 56,530 15
93403 Beach Guard Facility Maint 40,000 40,000 40,000 17,297 1,500 21,203
93405 Downtown Boat Slips 13,522,893 13,522,893 (500,000) 13,022,893 4,553,653 6,605,244 1,863,996 16
93407 Sailing Center Expansion 400,000 395,346 0 395,346 395,346 0 C 17
93408 Bch Rec Ctr Boat Ramp Rplcmnt 700,000 700,000 700,000 161,082 2,800 536,118
93409 Marina Renovations 140,000 0 0 0 C
93413 Utilities/Services Replace 393,966 393,966 393,966 380,837 13,129
93429 Dock Replacement & Repair 349,040 349,040 349,040 308,042 40,997
93490 Fuel System R&R 154,792 114,792 114,792 58,294 56,498
93495 Dock Construction 39,750 39,750 (14,892) 24,858 16,408 8,451 18
93496 Marine Fac Dredge/Maint 626,781 576,781 576,781 526,962 49,819
93497 Docks & Seawalls 586,085 586,085 586,085 149,061 437,024
93499 Pier 60/Sailing Center Maint 150,313 151,952 151,952 149,673 2,279
Sub-Total 18,480,848 18,247,832 (516,530) 17,731,302 7,982,109 6,663,149 3,086,044
Airpark
94817 Airpark Maint & Repair 80,000 80,000 80,000 70,484 38 9,478
94846 FBO Bldg Improvements 425,000 425,000 425,000 170,489 17 254,494
94858 Airpark Security Improvements 0 166,799 166,799 1,985 49,875 114,939
Sub-Total 505,000 671,799 0 671,799 242,958 49,930 378,911
Libraries
93527 Books & Other Lib Mat - II 4,063,671 4,063,671 4,063,671 3,581,142 789 481,739
Sub-Total 4,063,671 4,063,671 0 4,063,671 3,581,142 789 481,739
Garage
94230 Fleet Asset Mgmt Sys 250,702 250,702 (13,150) 237,552 237,552 0 0 C 21
94232 Radio User Equip Replacement 950,000 827,264 827,264 827,264 0 C
94233 Motorized Equip-Cash II 604,099 604,099 31,232 635,331 580,191 33,432 21,709 22
94234 Motorized Equip - LP II 19,007,541 19,007,541 19,007,541 16,703,010 656,672 1,647,860
Sub-Total 20,812,342 20,689,607 18,082 20,707,688 18,348,017 690,104 1,669,569
Building Maintenance
94510 Air Cond Replace-City Wide 2,233,459 2,233,459 14,892 2,248,351 1,825,728 11,508 411,115 23
94512 Roof Repairs 597,635 597,635 597,635 457,805 139,829
94514 Roof Replacements 1,595,334 1,595,334 1,595,334 967,178 628,155
94517 Painting of Facilities 764,380 764,380 764,380 364,969 399,411
94518 Fencing of Facilities 164,811 164,811 164,811 121,400 43,412
94519 Flooring for Facilities 847,942 847,942 847,942 654,350 193,592
94521 Elevator Refurbish/Modernization 220,000 220,000 220,000 220,000
94522 B&M Asset Mgmt Sys 130,886 130,886 (7,195) 123,691 123,691 0 0 C 24
94524 Long Center Major Infrst Imprvmts 2,905,000 2,662,500 2,662,500 2,527,997 127,764 6,739
Sub-Total 9,459,447 9,216,947 7,697 9,224,644 7,043,119 139,272 2,042,252
General Public City Buildings & Equipment
94620 New City Hall 108,750 108,750 108,750 164 108,586
94622 MSB/Lib Hurricane Protection 620,000 620,000 (16,200) 603,800 603,800 0 C 25
94623 Public Comm Office Renovations 14,000 14,000 (3,038) 10,962 10,962 0 C 26
Sub-Total 742,750 742,750 (19,238) 723,512 614,926 0 108,586
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CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2008 to June 30, 2009
Description
Budget
10/1/08
Amended
Prev Qtr
Amdmts Actual Expenditures
Revised Project Open
Budget To Date Encumbran
Available
Balance
Amend
Status Ref
Miscellaneous
94729 City-wide Connect Infra 1,481,478 1,706,478 1,706,478 1,280,121 64,457 361,901
94736 Geographic Information Sys 1,052,726 1,052,726 1,052,726 849,194 21,000 182,532
94761 Poll Stor Tank Rem/Repl-Gen I'd 413,658 413,658 413,658 244,249 3,349 166,060
94801 Tidemark Upgrade 802,623 802,623 802,623 503,397 299,226
94803 Environmental Assmt & Clean-up 753,664 753,664 753,664 306,355 447,309
94809 Financial Sys Replacement 974,012 974,012 974,012 974,012 0 C
94814 Network Infra & Server Upgr 1,185,057 1,185,057 1,185,057 947,045 145,203 92,809
94820 HR Peoplesoft Upgrade 450,000 450,000 450,000 75,420 374,580
94824 IT Disaster Recovery 250,000 250,000 250,000 179,290 70,710
94827 Telecommunications Upgrade 204,000 204,000 204,000 204,000
94828 Financial Systems Upgrades 451,628 451,628 451,628 107,464 2,902 341,262
94829 CIS Upgrades / Replacement 547,376 547,376 547,376 169,238 378,138
94830 MS Licensing / Upgrades 650,000 425,000 425,000 414,347 10,653
94833 Computer Monitors 320,000 320,000 320,000 302,371 17,629
94839 Roadway & Traffic Asset Mgt 400,000 400,000 400,000 400,000
94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 400,000 12,390 387,610
94848 Station Square Park 519,620 519,620 519,620 483,563 2,612 33,446
94850 Back-file Conversion of Records 500,000 500,000 500,000 94,912 403,710 1,377
94857 Accela Permitting & Code Enforce 25,000 25,000 25,000 25,000
Sub-Total 11,380,842 11,380,842 0 11,380,842 6,943,368 643,233 3,794,242
UTILITIES
Stormwater Utility
96124 Storm Pipe System Improvements 7,392,961 6,908,821 35,830 6,944,651 6,279,818 130,143 534,690 27
96125 Prospect Lake Park 7,610,847 7,610,847 7,610,847 7,507,271 32,476 71,100
96129 Stev Ck Estuary Restor 8,356,327 6,037,055 6,037,055 4,404,562 3,711 1,628,782
96137 FDEP Compliance 1,008,000 1,008,000 1,008,000 721,149 8,164 278,687
96141 Kapok Flood Resolution 18,860,704 18,860,704 (36,820) 18,823,883 18,823,883 0 C 28
96144 Stevenson Creek Impl Projects 11,210,594 9,224,553 9,224,553 9,224,553 0 C
96149 Storm Sys Expansion 1,157,032 790,625 790,625 790,625 0 C
96152 Lake Bellevue Stormwater Imp 4,486,426 2,351,163 2,351,163 613,819 1,261,300 476,045
96154 Alligator Creek Implemt - II 7,593,964 5,333,556 (3,561,225) 1,772,331 1,150,768 88,846 532,717 29
96158 Transfer Yard Upgrade 709,966 309,325 309,325 109,875 11,361 188,089
96161 Coastal Basin Improvement 3,343,965 142,936 0 142,936 142,936 0 C 30
96164 Allen's Creek Improvement Project: 876,500 499,250 499,250 1,375 497,875
96166 Spring Branch Enhancement Proj 2,000,000 1,202,077 1,202,077 90,511 111,590 999,977
96167 Alligator Creek Chan G Drain Impr 992,074 992,074 992,074 852,477 139,597
96168 Stormwater System Expansion 500,000 186,000 186,000 186,000
96169 Stevenson Creek 1,060,000 1,149,745 1,149,745 12,414 112,331 1,025,000
96170 Coastal Basin Projects 1,600,000 4,414,079 0 4,414,079 1,165,087 91,865 3,157,127 31
96171 Alligator Creek Chan F Drain Impr 0 0 1,792,274 1,792,274 1,792,274 32
Sub-Total 78,759,359 67,020,809 (1,769,941) 65,250,867 51,891,123 1,851,786 11,507,958
Item # 5
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CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2008 to June 30, 2009
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/08 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Water System
96721 System R & R-Maintenance 1,046,660 1,046,660 11,378 1,058,038 963,596 43,599 50,843
96739 Reclaimed Water Dist Sys 51,273,988 51,323,988 4,536,193 55,860,180 39,195,168 9,589,546 7,075,467
96740 Water Supply/Treatment 5,742,034 5,742,034 (520,002) 5,222,032 4,309,652 23,016 889,365
96741 System R & R-Capitalized 9,710,404 9,710,404 (1,759,503) 7,950,901 7,908,700 89,485 (47,284)
96742 Line Relocation-Capitalized 11,997,804 11,997,804 (547,639) 11,450,165 7,820,006 118,564 3,511,595
96743 Mtr Bkflow Prev Dev/Chang 4,049,182 4,049,182 4,049,182 1,979,231 2,069,951
96744 System Expansion 2,499,673 2,499,673 2,499,673 1,346,463 1,153,210
96750 Well Rehabilitation 1,542,190 1,542,190 (493,743) 1,048,447 1,048,447 0
96752 Water Service Lines 4,376,792 4,376,792 4,376,792 3,140,016 238,450 998,326
96757 Water Pick Up Trucks 112,801 112,801 112,801 79,021 33,780
96758 Fluoride in Water System 289,780 289,780 (206,000) 83,780 83,596 184
96760 Elevated Water Tanks Upgrade 3,208,600 3,208,600 0 3,208,600 2,138,038 1,070,562
96761 Telemetry for Wells 1,065,000 1,065,000 (389,048) 675,952 134,088 17,390 524,475
96763 Wellfield Expansion 3,977,310 3,977,310 (670,000) 3,307,310 665,601 1,941,256 700,453
96764 RO Plant Exp Res #1 5,897,640 6,246,235 6,246,235 797,417 2,311,915 3,136,903
96766 Water Quality Monitoring Devices 600,000 600,000 600,000 8,255 591,745
96767 RO Plant Exp Res #2 5,454,420 5,454,420 5,454,420 997,949 571,441 3,885,030
96768 Rebate Well, Lk, Pnd Irr Abandmt 150,000 150,000 150,000 7,460 142,540
96769 Trackhoe & Trailer 41,000 24,386 24,386 24,386 0
96770 Hydra Stop System 36,000 36,000 (3,824) 32,176 32,176 0
Sub-Total 113,071,278 113,453,259 (42,189) 113,411,070 72,679,265 14,944,660 25,787,144
Sewer System
96202 WWTP Screw Pump Replacement 846,910 846,910 846,910 17,893 829,017
96611 Bio-Solids Treatment 11,287,759 11,287,759 (575,841) 10,711,918 7,663,046 6 3,048,865
96615 Odor Control 742,856 747,662 747,662 663,355 84,308
96619 WWTP Generator Replacements 4,244,731 4,244,731 (225,000) 4,019,731 1,427,704 23,993 2,568,034
96620 WWTP Headworks 6,396,653 6,428,273 11,378 6,439,651 5,768,262 631,995 39,394
96621 WWTP New Presses 1,778,786 1,778,786 1,778,786 205,425 14,175 1,559,186
96622 WWTP Aeration Imp 3,897,000 3,897,000 3,897,000 1,263,709 2,569,366 63,926
96624 Liquid Disinfection 825,279 825,279 213,031 1,038,310 153,422 5,579 879,309
96630 Sanitary Sewer Extention 4,615,894 4,615,894 4,615,894 822,146 3,793,748
96634 Sanitary Util Reloc Accmmdtn 4,021,983 4,021,983 (600,000) 3,421,983 3,081,077 40,410 300,496
96645 Laboratory Upgrade & R&R 958,299 958,299 958,299 806,565 151,734
96654 Facilities Upgrade & Improvement 2,740,177 2,740,177 (468,830) 2,271,347 1,666,790 118,757 485,799
96664 WPC R & R 11,607,917 11,607,917 (440,437) 11,167,480 10,198,716 203,432 765,332
96665 Sanitary Sewer R&R 25,583,785 25,583,785 25,583,785 15,034,577 510,956 10,038,252
96666 WWTP New Bypass & NE Pump 462,000 462,000 462,000 94,986 367,014
96670 Poll Stor Tank Remov-WPC 199,876 199,876 199,876 173,981 25,895
96686 Pump Station Replacement 15,408,977 15,409,027 (2,300,000) 13,109,027 11,727,859 229,319 1,151,849
Sub-Total 95,618,882 95,655,358 (4,385,699) 91,269,660 60,674,528 4,442,974 26,152,158
Gas System
96358 Environmental Remediation 1,936,936 1,831,710 (42,416) 1,789,294 874,642 3,735 910,916
96365 Line Relocation-Pinellas Maint 1,551,089 1,551,089 1,551,089 339,965 2,500 1,208,624
96367 Gas Meter Change Out-Pinellas 1,240,000 1,240,000 1,240,000 110,640 1,129,360
96374 Line Relocation-Pinellas Capital 2,736,983 2,736,983 2,736,983 1,551,079 60,159 1,125,746
96376 Line Relocation - Pasco Maint 530,000 530,000 530,000 27,618 502,382
96377 Pinellas New Main / Service Lines 11,287,595 11,287,595 64,362 11,351,957 10,764,269 2,072 585,616
96378 Pasco New Mains / Service Lines 9,441,782 9,450,782 9,450,782 7,516,707 12,816 1,921,259
96379 Pasco Gas Meter Change Out 610,000 610,000 610,000 2,456 607,544
96381 Line Reloc-Pasco-Capital 755,000 755,000 755,000 954 754,046
96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 693,307 298,693
96384 Gas Building Renovation 699,675 699,675 699,675 126,336 573,339
96385 Gas Main Extensions 1,257,845 1,257,845 1,257,845 611,946 645,899
Sub-Total 33,038,905 32,942,679 21,946 32,964,625 22,619,919 81,283 10,263,424
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CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2008 to June 30, 2009
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/08 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Solid Waste
96426 Facility R & R 1,476,752 1,476,752 1,476,752 1,168,222 308,530
96438 Vehicle Acquisition 906,461 906,461 906,461 777,258 129,203
96440 Improvements to SW Complex 208,785 208,785 208,785 85,793 122,992
96442 SW Vehicle Replacements 1,189,769 1,189,769 1,189,769 544,815 644,954
96443 Res Container Acquisition-II 751,741 751,741 751,741 478,271 41,506 231,963
96444 Comm Container Acquisition-II 1,460,020 1,460,020 1,460,020 905,136 72,000 482,884
Sub-Total 5,993,528 5,993,528 0 5,993,528 3,959,495 113,506 1,920,526
Utility Miscellaneous
96516 Citywide Aerial Photo 189,666 178,288 (22,756) 155,533 149,533 6,000 35
96521 PW Infra Mgmt System 1,318,260 1,238,171 1,238,171 1,238,171 0 C
96523 Pub Utilities Adm Bldg R&R 261,054 261,054 261,054 189,985 71,069
Sub-Total 1,768,980 1,677,513 (22,756) 1,654,757 1,577,688 0 77,069
Recycling
96804 Recycling Carts/Dumpsters 671,925 671,925 671,925 367,935 18,000 285,990
96805 Recyc Expan/Prom/R&R 987,923 987,923 987,923 680,109 307,813
96806 Recycling Equip Replacement 2,407,037 2,407,037 4,400 2,411,437 1,705,914 155,941 549,582
96807 Recycling Vehicle Acquisition 151,000 151,000 (4,400) 146,600 146,600 0 C
Sub-Total 4,217,885 4,217,885 0 4,217,885 2,900,558 173,941 1,143,386
TOTAL ALL PROJECTS 574,669,446 573,045,675 (4,432,444) 568,613,229 389,935,553 38,842,641 139,835,032
Item # 5
55
56
35
Attachment number 15
Page 1 of 7
Special Program Fund
Third Quarter
Budget Amendments
October 1, 2008 - June 30, 2009
Increase/
Amdmt Project (Decrease) Intrafund
Number Number Amount Transfer Amount Description
Public Safety Programs
AmeriCorps Clearwater 2010 - To establish a budget of
$209,123.00 representing a grant of $130,923.00 from the
Corporation for National and Community Service for Federal
Assistance and match funding of $78,200.00 from project
181-99331, Special Law Enforcement Trust Fund to support
the AmeriCorps Program. These amendments were
approved by the City Council on September 17, 2009.
Net Budget
Amendment
99261 130,923 78,200 209,123
Investigative Cost Recovery Funded Officers - To
establish a budget of $564,980.00 representing a transfer of
Fine, Forfeitures & Penalties from 181-99329, Investigative
Recovery Costs. Nine full-time equivalents will be paid from
this program in fiscal year 2009/10 only. The funding will
begin the attrition of nine sworn positions with a reduction of
almost $565,000 over the course of fiscal year 2010/11
without having to change the current shift schedules. This
was reviewed with Council and approved as part of the
2 99262 564,980 2009/10 adopted budget. 564,980
Buffer Zone Protection Prog II - To establish a budget of
$192,460.60 representing Florida Department of Law
Enforcement Office of Criminal Justice grant to be utilized in
implementing Florida's Domestic Security Strategic Plan.
This grant is made under the Homeland Security Act of
2004. Approved by Council July 16, 2009.
99263 192,461 192,461
School Resource Officers - New Project - To establish a
budget of $262,642.00 to provide 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. The funding will consist of $147,034.50 from the
School Board of Pinellas County and $115,607.50 in Fines,
Forfeitures & Penalties revenue from project 181-99331,
Special Law Enforcement Trust Fund as approved by
Council June 18, 2009.
4 99264 147,035 115,608 262,642
Downtown Ambassadors - Close Project - To record a
budget transfer of $2,840.25 in Fines, Forfeitures &
Penalties revenue to project 181-99356, Safe Neighborhood
program. This will close the project which has been inactive
and return the revenue to the originating program.
5 99289 (2,840) (2,840)
36 Item # 5
Attachment number 15
Page 2 of 7
Special Program Fund
Third Quarter
Budget Amendments
October 1, 2008 - June 30, 2009
Increase/
Amdmt Project (Decrease) Intrafund
Number Number Amount Transfer Amount Description
Justice Assistance Grant - To record a budget increase of
$509.77 in interest earnings to match budgeted revenues
6 99299 510 with actual revenues received.
Police Volunteers - To record a budget transfer of
$10,000.00 in Fines, Forfeitures & Penalties revenue from
project 181-99356, Safe Neighborhood Program. This
provides funding towards the Safe Neighborhood
7 99316 10,000 requirement.
Net Budget
Amendment
510
10,000
Police Education Fund - To record a budget increase of
$7,664.85 in Police Education Fine revenue to match
99317 7,665 budgeted revenues with actual revenues received. 7,665
Investigative Recovery Costs - To record a net budget
transfer of $535,442.73 representing increases of
$29,537.27 in Fines, Forfeitures & Penalties revenue to
match budgeted revenues with actual revenues received.
This is offset by a budget transfer of $564,980.00 in Fines,
Forfeitures & Penalties to 181-99262, Investigative Cost
Recovery Funded Officers in preparation for the FY10
99329 29,537 (564,980) budget. (535,443)
Florida Contraband Forfeiture - To record a net budget
transfer of $342,210.73 representing the following: 1) a
budget increase of $73,396.77 in Fines, Forfeitures &
Penalties revenue to match budgeted revenues with actual
revenues received; 2) a budget transfer of $115,607.50 in
Fines, Forfeitures & Penalties revenue to project 181-99331,
Law Enforcement Trust Fund to fund the School Resource
Officer project; and 3) a budget transfer of $300,000 in
Fines, Forfeitures and Penalties revenue to project 181-
99331, Special Law Enforcement Trust Fund for project 181-
99356, Safe Neighborhoods Program to provide funding
towards the Safe Neighborhoods requirement.
10 99330 73,397 (415,608) (342,211)
Law Enforcement Trust Fund - To record a net budget
transfer of $78,200.00 representing the following: 1) a
transfer of $78,200 in Fines, Forfeitures, & Penalties
revenue to project 181-99261, AmeriCorps Clearwater 2010
as approved by Council September 17, 2009; 2) a transfer of
$115,607.50 in Fines, Forfeitures & Penalties revenue from
project 181-99330, Florida Contraband Forfeiture Fund, this
will be transferred to new project 181-99264, School
Resource Officers; 3) a transfer of $300,000 in in Fines,
Forfeitures & Penalties revenue from project 181-99330,
Florida Contraband Forfeiture Fund, this will be transferred
to project 181-99356, Safe Neighborhoods Program to be
used towards the Safe Neighborhoods requirement.
11 99331 (78,200) (78,200)
37 Item # 5
Attachment number 15
Page 3 of 7
Special Program Fund
Third Quarter
Budget Amendments
October 1, 2008 - June 30, 2009
Increase/
Amdmt Project (Decrease) Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Vehicle Replacements - To record a budget transfer of
$8,267.50 in police services revenue from project 181-
99908, Police - Outside Duty. This represents actual
collections for the last two quarters (January through June
12 99350 8,268 2009) to fund vehicle replacements. 8,268
Safe Neighborhood Program - To record a net budget
transfer of $277,840.25 representing the following: 1) a
budget transfer of $300,000.00 in Fines, Forfeitures, &
Penalties revenue from project 181-99331, Special Law
Enforcement Trust Fund to be used towards the Safe
Neighborhood requirement; 2) a budget transfer of
$2,840.25 in Fines, Forfeitures, & Penalties revenue from
project 181-99289, Downtown Ambassadors. The project is
closing and this returns the revenue to the originating
project; 3) a budget transfer of $15,000.00 in Fines,
Forfeitures, & Penalties revenue to project 181-99947, Safe
Neighborhood TV Specialist; and 4) a budget transfer of
$10,000.00 in Fines, Forfeitures, & Penalties revenue to
project 181-99316, Police Volunteers.
13 99356 277,840 277,840
Federal Forfeiture Sharing - To record a budget increase of
$9,733.42 in Federal Forfeiture revenue from the US
Department of Justice to match budgeted revenues with
14 99387 9,733 actual revenues received. 9,733
Safe Neighborhood TV Specialist - To record a budget
transfer of $15,000.00 in Fines, Forfeitures & Penalties
revenue from 181-99356, Safe Neighborhood Program. This
provides continued funding to support the TV Production
15 99947 15,000 Specialist. 15,000
Public Safety Program
Totals: 591,260 8,268 599,528
Community Development Programs
Public Services 2007 - To record budget transfers of
$2,000.00 in grant funds to project 99612, Public Facility
2008 (YWCA) and $7,263.44 of grant funding to project 181-
99619, Public Services 2009 representing unused project
16 99459 (9,263) funds. (9,263)
Relocation/Demo 2007 - To record a budget transfer of
$670.00 from 2007 unused grant funds to project 181-99625,
17 99465 (670) Relocation/Demolition 2009. (670)
38 Item # 5
Attachment number 15
Page 4 of 7
Special Program Fund
Third Quarter
Budget Amendments
October 1, 2008 - June 30, 2009
Increase/
Amdmt Project (Decrease) Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Public Facility 2008 - To record a budget transfer of
$2,000.00 in grant revenue from project 181-99459, Public
Services 2007 representing unused project funds.
18 99612 2,000 2,000
Housing Rehab 2008 - To record a budget transfer of
$177,155.76 in grant revenue from 2008 remaining unused
project funds to project 181-99622, Housing Rehab 2009.
19 99614 (177,156) (177,156)
Infill Housing 2008 - To record a budget transfer of
$96,027.59 in grant revenue from 2008 remaining unused
project funds to project 181-99626, Infill Housing 2009.
20 99618 (96,028) (96,028)
Public Services 2009 - To record a budget transfer of
$7,263.44 in grant revenue from project 181-99459, Public
21 99619 7,263 Services 2007 representing unused project funds. 7,263
Housing Rehab 2009 - To record a budget transfer of
$177,155.76 in grant revenue from project 181-99614,
Housing Rehab representing remaining unused project
22 99622 177,156 funds. 177,156
Relocation/Demo 2009 - To record a budget transfer of
$670.00 in grant revenue from project 181-99465,
Relocation Demolition 2007 representing remaining unused
23 99625 670 project funds. 670
Infill Housing 2009 - To record a budget transfer of
$96,027.59 in grant revenue from project 181-99618, Infill
Housing 2008 representing remaining unused project
24 99626 96,028 funds. 96,028
CDBG-R East Gateway Fagade Impvmt - New Project - To
establish a budget of $80,000.00 representing a portion of
the additional appropriation funding from the American
Recovery and Reinvestment Act of 2009. This program will
provide funding for loans to for-profit business owners to
improve the facades of their buildings in the East Gateway
Neighborhood Revitalization Strategy Area. Approved by
Council June 4, 2009.
25 99627 80,000
80,000
CDBG-R East Gateway Sidewalk Impvmt - New Project -
To establish a budget of $146,395.00 representing a portion
of the additional appropriation funding from the American
Recovery and Reinvestment Act of 2009. This program will
provide funding to install or improve the sidewalks in the
East Gateway Neighborhood Revitalization Strategy Area.
Approved by Council June 4, 2009.
26 99628 146,395 146,395
39 Item # 5
Attachment number 15
Page 5 of 7
Special Program Fund
Third Quarter
Budget Amendments
October 1, 2008 - June 30, 2009
Increase/
Amdmt Project (Decrease) Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
CDBG-R Program Admin - New Project - To establish a
budget of $25,154.00 representing a portion of the additional
appropriation funding from the American Recovery and
Reinvestment Act of 2009. This program will provide
funding for administration costs to implement the program.
27 99629 25,154 Approved by Council June 4, 2009. 25,154
Total: 251,549 0 251,549
Social Services Program
Mt Carmel (Non-HUD) - To record a budget transfer of
$248,671.00 in grant revenue from project 181-99538,
Affordable Housing Impact Fees representing remaining
28 99532 248,671 unused project funds. 248,671
Affordable Housing Impact Fees - To record a budget
transfer of $248,671.00 in grant revenues to project 181-
99532, Mt Carmel (Non-HUD) representing a reduction of
remaining unused project funds to process CHDO projects
29 99538 (248,671) that did not meet the end user requirements (248,671)
Social Services Program
Total: 0.00 0 0
Marine Program
Beach Guard Donations - To record a $50.00 budget
decrease in donations representing a refund to one of the
participants of the Barefoot Beach High School Annual
beach guard, this brings budgeted revenues in line with
30 99707 (50) actual revenue received. (50)
Marine Program
Totals: (50) 0 (50)
Miscellaneous Programs:
JWB - Norton Teen 2001 - To record a budget increase of
$49,035.00 in Other Governmental Revenue from
Coordinated Child Care for summer camp in the Ross
Norton Recreation Center. Approved by the Council June
31 99822 49,035 18, 2009. 49,035
JWB - Programmer N. Greenwood - To record a budget
increase of $95,853.00 in Other Governmental Revenue
from Coordinated Child Care for summer camp in the North
Greenwood Recreation Center. Approved by the Council
32 99835 95,853 June 18, 2009. 95,853
40 Item # 5
Attachment number 15
Page 6 of 7
Special Program Fund
Third Quarter
Budget Amendments
October 1, 2008 - June 30, 2009
Increase/
Amdmt Project (Decrease) Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Special Events YR 07-08 - To record a budget increase o'
$242,522.11 representing; $160,680.17 in Sales,
$17,500.00 in Sponsorships, $1,800.00 in
Memberships/Registrations, $1,804.75 in Donations,
$32,526.83 in Rentals, and $28,210.36 in Reimbursements
to match budgeted revenue with actual revenue received.
33 99851 242,522 242,522
EPA Recovery Assessment - New Project - To establish a
budget of $400,000.00 representing two $200,000
Brownfields assessment grants funded through the US
Environmental Protection Agency. EPA has selected the
City of Clearwater (one of only 10 cities in the State of
Florida) for brownfields assessment grants of $200,000 for
hazardous substances (Recovery Act Funding) and
$200,000 for petroleum (Recovery Act Funding). Approved
34 99855 400,000 by Council June 4, 2009. 400,000
State Brownfield Redevelopment - To record a budget
increase of $712.18 in interest revenue to match budgeted
35 99871 712 revenues with actual revenues received. 712
Public Art Donations - To record a budget increase of
$10,000 from the Downtown Development Board to
recognize fund supporting the funding of the "Sculpture 360"
36 99875 10,000 on Cleveland Street. 10,000
181-99877 Building Code Enforcement Surplus - To
record a budget decrease of $118,519.00 in General Fund
revenues, returning funds to the General Fund. This
decrease represents a transfer to the General Fund to cover
deficits in revenues over expenses for fiscal year 2008 per
Senate Bill 442. This was approved by the Council on July
37 99877 (118,519) 16, 2009. (118,519)
Fire Department Honor Guard - To record a budget
increase of $125.00 in Donations revenue to match
38 99898 125 budgeted revenues with actual revenues received. 125
Police - Outside Duty - To record a budget increase of
$164,104.84 in police services revenue to match budgeted
revenues with actual revenues received. This increase is
offset by a transfer of $8,267.50 in Police Services revenue
to project 181-99350, Vehicle Replacements. This transfer
represents actual collections for the last two quarters
(January through June 2009) to fund vehicle replacements.
39 99908 164,105 (8,268) 155,837
41 Item # 5
Attachment number 15
Page 7 of 7
Special Program Fund
Third Quarter
Budget Amendments
October 1, 2008 - June 30, 2009
Increase/
Amdmt Project (Decrease) Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Library Special Account - To record a budget increase of
$2,071.20 in donations revenue to match budgeted revenues
40 99910 2,071 with actual revenues received. 2,071
Parks & Recreation Specified & Gift Program - To record
a budget increase of $6,814.72 in donations revenue to
match budgeted revenues with actual revenues received.
41 99962 6,815
6,815
Tree Replacement Program - To record a budget increase
of $49,146.00 in Fines, Forfeitures & Penalties revenue to
match budgeted revenues with actual revenues received.
42 99970 49,146
43 99998 2,500
Miscellaneous Programs
Total: 904,365
Grand
Total: 1,747,124
49,146
Safety Village - To record a budget increase of $2,500.00 in
donations revenue to match budgeted revenues with actual
revenues received. 2,500
(8,268) 896,098
0 1,747,124
42 Item # 5
Attachment number 16
Page 1 of 3
SPECIAL PROGRAM STATUS SUMMARY
THIRD QUARTER REVIEW: October 1, 2008 to June 30, 2009
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 2009 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
PLANNING PROGRAMS
99128 Countrywide Consistency Grant 45,050 45,050 0 45,050 33,910 0 11,140
99141 Historic District Evaluation 40,000 40,000 0 40,000 29,977 0 10,023
99142 Design Review 10,000 10,000 0 10,000 0 0 10,000
99143 Enclave Annexation 15,000 15,000 0 15,000 0 0 15,000
99144 Boos Development Mitigation 250,000 250,000 0 250,000 43,117 37,667 169,217
Sub-Total 360,050 360,050 0 360,050 107,004 37,667 215,379
PUBLIC SAFETY PROGRAMS
99261 Americorps Clearwater 2010 0 0 209,123 209,123 0 0 209,123
99262 Investigative Cost Recovery Officers 0 0 564,980 564,980 0 0 564,980
99263 Buffer Zone Protection Frog II 0 0 192,461 192,461 0 0 192,461
99264 School Resource Officers 0 0 262,642 262,642 0 0 262,642
99265 AmeriCorp Clearwater 2009 0 207,006 0 207,006 84,176 0 122,830
99266 Tactical Weapons Illuminator 0 30,414 0 30,414 30,414 0 0
99268 Human Trafficking Immersion Training 99,730 99,730 0 99,730 33,926 0 65,804
99269 AmeriCorps Clearwater 2008 194,242 194,242 0 194,242 192,552 0 1,690
99273 Americorps Clearwater 2007 182,735 146,030 0 146,030 146,030 0 (0)
99274 Homeless Shelter 07 237,791 373,171 0 373,171 373,171 0 0
99275 Bulletproof Vest Partnership'06 35,801 35,801 0 35,801 5,432 0 30,369
99277 Clearwater Human Trafficking 450,000 450,000 0 450,000 281,038 10,000 158,962
99279 Police Recruitments 50,000 50,000 0 50,000 32,702 0 17,298
99281 Fed Forfeitures - Treasury 126,811 139,329 0 139,329 20,871 0 118,458
99282 COPS Technology 2005 246,661 246,661 0 246,661 210,112 0 36,549
99283 Justice Assistance Grant FY05-07 106,814 106,888 0 106,888 106,888 0 0
99284 BeachWalk Police Aides 80,000 72,338 0 72,338 72,338 0 0
99286 COPS 2004 Technology 692,634 692,634 0 692,634 691,015 0 1,619
99289 Downtown Ambassadors 3,000 3,000 (2,840) 160 160 0 0
99290 Traffic Safety Fund 1,841 1,841 0 1,841 1,277 0 564
99299 Justice Assistance Grant FY07-08 72,595 74,870 510 75,380 23,888 802 50,690
99310 K-9 Equipment 27,758 28,758 0 28,758 28,271 0 487
99316 Police Volunteers 101,000 105,421 10,000 115,421 93,147 262 22,012
99317 Police Education Fund 1,038,006 1,057,822 7,665 1,065,487 943,796 0 121,691
99325 Citizen's Police Academy 34,113 34,113 0 34,113 30,321 0 3,792
99329 Investigative Recovery Costs 1,676,556 1,806,977 (535,443) 1,271,535 1,120,702 78,356 72,477
99330 FL Contraband Forfeiture Fnd 850,534 870,370 (342,211) 528,159 537,659 0 (9,500)
99331 Law Enforcement Trust FD'91 2,527,463 2,619,273 (78,200) 2,541,073 2,151,334 0 389,739
99332 Officer Friendly Program 149,230 144,810 0 144,810 144,809 0 0
99350 Vehicle Replacement Fund 95,230 105,483 8,268 113,751 0 0 113,751
99353 DUI Education 3,000 3,000 0 3,000 1,420 0 1,580
99356 Safe Neighborhood Program 246,645 391,645 277,840 669,485 196,410 0 473,075
99363 DUI Equipment Fund 19,000 19,000 0 19,000 18,889 0 111
99364 Crime Prevention Program 23,095 23,095 0 23,095 17,396 0 5,699
99387 Federal Forfeiture Sharing 760,401 881,088 9,733 890,822 388,864 165,576 336,381
99947 Safe Neighborhood TV Specialist 558,647 573,647 15,000 588,647 554,592 0 34,055
Sub-Total 10,691,333 11,588,456 599,528 12,187,984 8,533,599 254,997 3,399,388
COMMUNITY DEVELOPMENT
99421 Housing Consulting Service 115,000 115,000 0 115,000 49,333 0 65,667
99454 Housing Rehab 2006 101,318 101,318 0 101,318 101,318 0 0
99456 Fair Housing 2006 14,867 14,867 0 14,867 14,868 0 0
99457 Relocation/Demolition 6,000 6,000 0 6,000 6,000 0 0
99459 Public Services 2007 177,421 177,421 (9,263) 168,158 168,158 0 0
99460 Public Facilities 2007 91,226 91,226 0 91,226 91,226 0 0
99462 Housing Rehab 2007 65,012 65,012 0 65,012 65,012 0 0
99464 Fair Housing 2007 15,294 15,294 0 15,294 15,294 0 0
99465 Relocation/Demolition 2007 17,209 17,209 (670) 16,539 16,539 0 0
99466 Infill Housing 2007 12,772 12,772 0 12,772 12,772 0 0
99611 Public Services 2008 135,107 135,107 0 135,107 135,107 0 0
99612 Public Facilities 2008 371,918 371,918 2,000 373,918 130,506 2,760 240,652
9
10
11
12
13
14
15
C
C
C
C 16
C
C
C
C 17
C
C
18
43 Item # 5
Attachment number 16
Page 2 of 3
SPECIAL PROGRAM STATUS SUMMARY
THIRD QUARTER REVIEW: October 1, 2008 to June 30, 2009
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 2009 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
99613 Economic Development 28,000 34,233 0 34,233 34,233 0 0
99614 Housing Rehab 2008 270,776 264,543 (177,156) 87,387 87,387 0 0 19
99615 Program Administration 2008 177,691 177,691 0 177,691 165,674 0 12,017
99616 Fair Housing 2008 27,319 27,319 0 27,319 27,319 0 0 C
99617 Relocation/Demolition'08 191,670 191,670 0 191,670 79,376 19,878 92,416
99618 Infill Housing 2008 1,679,272 1,679,272 (96,028) 1,583,244 1,190,109 0 393,136 20
99619 Public Services 2009 169,799 169,799 7,263 177,062 60,777 98,151 18,135 21
99620 Piblic Facilities 2009 330,699 330,699 0 330,699 40,628 156,122 133,949
99621 Economic Development 2009 0 30,000 0 30,000 28,286 0 1,714
99622 Housing Rehab 2009 134,757 134,757 177,156 311,913 97,539 0 214,374 22
99623 Program Administration 2009 185,958 155,958 0 155,958 58,711 0 97,247
99624 Fair Housing 2009 29,284 29,284 0 29,284 14,447 14,837 0
99625 Relocation/Demolition 2009 40,000 40,000 670 40,670 0 0 40,670 23
99626 Infill Housing 2009 35,714 35,714 96,028 131,742 28,930 0 102,812 24
99627 CDBG-R East Gateway Fagade Imprmt 0 0 80,000 80,000 0 80,000 25
99628 CDBG-R East Gateway Sidewalk Imprmt 0 0 146,395 146,395 0 146,395 26
99629 CDBG-R Program Administration 0 0 25,154 25,154 0 25,154 27
Sub-Total 4,424,083 4,424,083 251,549 4,675,632 2,719,547 291,748 1,664,338
SOCIAL SERVICES
99532 Mt Carmel (Non-HUD) 0 0 248,671 248,671 248,671 28
99538 Affordable Housing Imp Fees 551,061 592,412 (248,671) 343,741 132,236 0 211,504 29
99562 HUD Special Education 30,000 30,000 0 30,000 26,200 0 3,800
Sub-Total 581,061 622,412 0 622,412 158,436 0 463,975
MARINE
99704 Sembler Mitigation Project 611,196 635,217 0 635,217 131,768 8,598 494,850
99707 Beach Guard Donations 68,093 80,133 (50) 80,083 59,715 0 20,368 30
Sub-Total 679,289 715,350 (50) 715,300 191,483 8,598 515,218
MISCELLANEOUS PROGRAMS
99802 Brownfield Revolving Loan 1,200,000 1,200,000 0 1,200,000 223,111 1,036 975,853
99804 City Manager's Flexibility Fund 871,238 871,238 0 871,238 649,311 16,900 205,027
99822 JWB-Norton Teen 2001 246,602 283,853 49,035 332,888 287,014 0 45,874 31
99834 Neighborhood Svices Grants 175,000 175,000 0 175,000 133,616 0 41,384
99835 JWB Programmer N. Greenwood 205,367 243,927 95,853 339,780 252,618 0 87,162 32
99843 Mgt Training Initiatives 811,547 426,884 0 426,884 426,884 0 0 C
99844 United Way 6,080 6,080 0 6,080 4,190 0 1,890
99846 Economic Development - OTI 72,360 72,360 0 72,360 36,554 0 35,806
99847 JWB - Wood Valley Teens 136,272 136,272 0 136,272 134,066 0 2,206
99851 Special Events FY07-08 2,560,568 3,506,261 242,522 3,748,783 3,637,639 6,586 104,558 33
99854 Brownfield EPA Assessment 400,000 400,000 0 400,000 243,323 51,932 104,745
99855 EPA Brownfield Recovery Assessment 0 0 400,000 400,000 0 400,000 34
99870 Drive Cam Driver 15,000 15,000 0 15,000 14,900 95 5
99871 State Brownfields Redevelopment Acct 156,188 158,993 712 159,705 85,654 0 74,052 35
99874 Reitrement Incentive Program 0 2,600,000 0 2,600,000 1,131,715 1,468,285
99875 Public Art Donations 14,500 17,500 10,000 27,500 15,911 1,500 10,089 36
99876 Florida Bar Student Internship 2,400 2,400 0 2,400 2,233 0 167
99877 Bldg Code Enforcement Surplus 118,519 118,519 (118,519) 0 0 0 0 C 37
99886 JWB - N. Greenwood Camp 2008 82,430 82,430 0 82,430 77,237 0 5,193
99887 JW - Ross Norton Camp 2008 33,668 38,537 0 38,537 38,537 0 0 C
99889 Teen Club 3,246 4,180 0 4,180 3,132 0 1,048
99890 Cultural Art Fund 13,081 13,081 0 13,081 7,468 0 5,613
99898 Fire Dept Honor Guard 10,452 15,153 125 15,278 9,664 0 5,615 38
99899 GASB 34 Implementation 238,000 238,000 0 238,000 80,338 2,000 155,662
99908 Police - Outside Duty 4,164,713 4,513,387 155,837 4,669,224 4,725,968 0 (56,744) 39
99910 Library Special Account 575,560 622,098 2,071 624,169 498,737 0 125,432 40
99925 Peg Access Support 799,261 799,261 0 799,261 715,684 0 83,577
44 Item # 5
Attachment number 16
Page 3 of 3
SPECIAL PROGRAM STATUS SUMMARY
THIRD QUARTER REVIEW: October 1, 2008 to June 30, 2009
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 2009 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
99927 Emergency Operation 4,125,098 5,125,807 0 5,125,807 2,901,216 15,000 2,209,591
99928 Nagano Sister City Program 75,329 75,329 0 75,329 73,492 0 1,837
99950 IDB Fees 54,131 54,131 0 54,131 32,830 0 21,301
99962 Parks & Rec Gift Giving Pgm 1,341,245 1,344,541 6,815 1,351,356 1,338,662 0 12,694 41
99966 Integrated Disability Mgmt Assmnt & Impl 80,000 80,000 0 80,000 40,000 0 40,000
99970 Tree Replacement Project 831,740 883,324 49,146 932,470 612,742 870 318,858 42
99982 EMS Incentive/Recognition 48,400 69,700 0 69,700 41,088 0 28,612
99983 Local Mitigation Strategy 50,000 50,000 0 50,000 45,744 0 4,256
99995 Water Conservation Devices 100,000 100,000 0 100,000 100,000 0 0 C
99997 Main Library Field Trust 115,571 115,571 0 115,571 0 0 115,571
99998 Safety Village 26,166 26,166 2,500 28,666 21,716 0 6,950 43
Sub-Total 19,759,733 24,484,984 896,098 25,381,082 18,642,991 95,919 6,642,172
TOTAL ALL PROJECTS 36,495,549 42,195,334 1,747,124 43,942,458 30,353,061 688,929 12,900,471
45 Item # 5
Attachment number 17
Page 1 of 1
City of Clearwater
SPECIAL DEVELOPMENT FUND
Third Quarter
FY 2008/09
Increase/
(Decrease) Description
Revenues
By the end of August, basically all property tax
revenues have been received. The budget is adjusted to
Road Millage 12,730 reflect actual collections for the year.
Third quarter amendments reflect the Pinellas County
reimbursement for their shared cost of the Fire Training
Facility. These funds will be recognized as available
Pinellas County Fire Tax 578,950 Penny for Pinellas funds for future allocation.
To reduce budget proceeds to bring the budget in line
Recreation Land Impact Fees (134,500) with actual receipts due to the slow economy.
To reduce budget proceeds to bring the budget in line
Open Space Impact Fees (50,000) with actual receipts due to the slow economy.
To reduce budget proceeds to bring the budget in line
Recreation Facility Impact Fees (7,600) with actual receipts due to the slow economy.
$ 399,580 Net Revenue Amendments
Expenditures
Third quarter amendments reflect a net amendment of
$1,361.60 including 1) the transfer of $3,000 of
developer contributions for the support of public art to
capital project 315-93608, Miscellaneous Public Art, as
approved by the City Council on August 6, 2009 for the
support of "Sculpture 360", and 2) the return of
$1,638.40 of Infrastructure Sales Tax revenue with the
Transfer to Capital Improvement Fund 1,362 closing of the Sailing Center Expansion project.
$ 1,362 Net Expenditure Amendments
46 Item # 5
Attachment number 18
Page 1 of 2
SPECIAL REVENUE FUNDS
Third Quarter: October 1, 2008 -June 30, 2009
Original First Quarter Mid Year Third Quarter
Budget Amended Budget Amended Budget Amended Budget
2008/09 2008/09 2008/09 2008/09 Amendments
SPECIAL DEVELOPMENT FUND
Revenues:
Ad Valorem Taxes
Infrastructure Tax
Pinellas County Fire Tax
Interest Earnings
Open Space Fees
Recreation Facility Impact Fees
Recreation Land Impact Fees
Transportation Impact
Local Option Gas Tax
Allocation of Designated Reserves
2,727,150 2,727,150 2,727,150 2,739,880 12,730
9,925,000 9,400,000 9,400,000 9,400,000
578,950 578,950
600,000 600,000 600,000 600,000
200,000 200,000 80,000 30,000 (50,000)
30,000 30,000 30,000 22,400 (7,600)
364,500 364,500 164,500 30,000 (134,500)
311,790 311,790 311,790 311,790
1,537,790 1,537,790 1,412,790 1,412,790
342,210 3,703,537 3,703,537 3,703,537
16,038,440 18,874,767 18,429,767 18,829,347 399,580
Expenditures:
Transfer to Capital Improvement Fund
Road Millage 2,727,150 2,727,150 2,727,150 2,727,150
Infrastructure Tax 1,610,000 4,010,000 4,006,984 4,005,346 (1,638)
Recreation Facility Land Fees 456,100 456,100 456,100
Open Space Impact Fees 260,900 260,900 260,900
Transportation Impact fees 290,000 290,000 290,000 290,000
Local Option Gas Tax 1,880,000 1,880,000 1,853,750 1,853,750
Developer Contributions - Public Art 3,000 3,000
Undesignated Special Development 250,000 250,000 250,000
Debt Service on Penny for Pinellas Bonds 6,873,030 6,873,030 6,873,030 6,873,030
13,380,180 16,747,180 16,717,914 16,719,276 1,362
47 Item # 5
Attachment number 18
Page 2 of 2
SPECIAL REVENUE FUNDS
Third Quarter: October 1, 2008 -June 30, 2009
Original First Quarter Mid Year Third Quarter
Budget Amended Budget Amended Budget Amended Budget
2008/09 2008/09 2008/09 2008/09 Amendments
SPECIAL PROGRAM FUND
Revenues:
CDBG Program Income
Interest Earnings
Grant Funds
Other Governmental Revenue
Police Fines and Court Proceeds
Donations
Sales
Rentals
Sponsorships
Downtown Development Board
Memberships/Registrations
Contractual Services
Transfers from General Fund
Sister City Program
City Manager's Flexibility Fund
Special Events
Neighborhood Grants
Transfers from Water & Sewer Fund
Transfers from Gas Fund
Transfers from Solid Waste Fund
Transfers from Stormwater Fund
Transfers from General Service Fund
Transfers from Garage Fund
Transfers from Administrative Services Fund
Transfers from Central Insurance Fund
0 0 926,210 926,210
280,000 410,731 412,058 413,280 1,222
0 328,463 328,463 1,303,395 974,933
0 11,216 17,290 309,212 291,923
0 296,368 502,791 672,269 169,478
0 32,620 77,492 90,758 13,266
0 315,061 438,729 599,409 160,680
0 212,714 218,625 251,152 32,527
0 62,000 116,150 133,650 17,500
10,000 10,000
0 1,825 2,825 4,625 1,800
0 336,081 522,308 714,623 192,315
0 (256,946) 1,654,054 1,535,535 (118,519)
3,000 3,000 3,000 3,000
100,000 100,000 100,000 100,000
30,000 30,000 30,000 30,000
25,000 25,000 25,000 25,000
0 0 123,000 123,000
0 0 187,000 187,000
0 0 51,000 51,000
0 0 47,000 47,000
0 0 95,000 95,000
0 0 51,000 51,000
0 0 135,000 135,000
0 0 1,000,000 1,000,000
1,364,210 1,908,132 7,063,995 8,811,119 1,747,124
Expenditures:
CDBG/Home Funds 926,210 926,210 926,210 1,177,759 251,549
Public Safety 0 687,986 897,122 1,496,650 599,528
Social Services 0 41,351 41,351 41,351
Marine 0 36,061 36,061 36,011 (50)
Sister City Program 3,000 3,000 3,000 3,000
City Manager's Flexibility Fund 100,000 100,000 100,000 100,000
Neighborhood Grants 25,000 25,000 25,000 25,000
Special Event Funding 30,000 30,000 30,000 30,000
Other Miscellaneous Programs 0 704,734 4,725,250 5,621,348 896,098
1,084,210 2,554,342 6,783,995 8,531,119 1,747,124
SPECIAL PROGRAM FUND
Revenues:
SHIP Funds
Expenditures:
SHIP Program
995,680 995,680 995,680 995,680
995,680 995,680 995,680 995,680
995,680 995,680 995,680 995,680
48 Item # 5
Attachment number 19
Page 1 of 2
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
Third Quarter Review
FY 2008 / 09
In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders
without City Council approval within certain limitations.
The following change orders have been administratively approved since the last report to the Council based on the code
specified criteria:
1. Increases do not exceed 10% over Council approved amount on a cumulative basis.
2. Change does not change the scope of a project
3. Price increases do not require additional appropriation to the project.
4. Contract price decreases may be approved without limitation.
5. The time for completion may not be extended by more than sixty (60) days, in any one change or
cumulatively for the same project.
06/10/09 Administrative Change Order #2 and Final - Station Square Park Project (08-
0007-EN). This change order is for the purpose of adding bid items and reducing
unused bid items resulting in an overall decrease to the final contract amount.
Angle & Schmid, Inc (35,745.53)
06/19/09 Administrative Change Order #1 and Final - Alligator Creek Chanel "G"
Fairwood Forest Drainage Improvements (03-0023-EN). This change order is for
the purpose of increasing overrun items and decreasing unused bid items resulting
in an overall decrease to the final contract amount
Keystone Excavators, Inc. (49,704.84)
07/06/09 Administrative Change Order #2 and Final - Multi Media Filters Improvements
at R.O. Plant #1 (06-0051-UT). This change order is for the purpose of
decreasing unused items and adding new items resulting in an overall decrease to
the final contract amount.
Interstate Engineering, Inc. (53,206.87)
07/08/09 Administrative Change Order #1 and Final - Pump Station #19 Replacement (06-
0010-UT). This change order is for the purpose of decreasing unused items and
adding new items resulting in an overall decrease to the final contract amount.
Clark Hunt Construction, Inc. (42,518.00)
07/24/09 Administrative Change Order #1 - Downtown Boat Slips (06-0033MA). This
change order is for additional items for installation of new seawall cap with
sidewalk overlay.
Misener Marine Construction, Inc. 376,176.84
08/05/09 Administrative Change Order #1 and Final - East APCF Floor Slab Structural
Repair Project (07-0049-UT). This change order is for a reduction of unused bid
items and the addition of epoxy floor coating resulting in an overall decrease to
the final contract amount.
RTD Construction, Inc. (28,150.00)
49
Item # 5
Attachment number 19
Page 2 of 2
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
Third Quarter Review
FY 2008 / 09
08/07/09 Administrative Change Order #1 - Lake Belleview Branch 6A Stormwater
Management Project (03-0030-EN). This change order is for the addition of new
items resulting in an overall increase to the contract amount.
RTD Construction, Inc. 14,375.00
08/24/09 Administrative Change Order #3 and final - Beach Walk Phases II, III and IV
Improvements Project (03-0079-ED). This change order is for the final
adjustment of lines and quantities and addition of contractors' entitlement in order
to close out the contract.
David Nelson Construction Company (84,103.98)
50
Item # 5
Attachment number 20
Page 1 of 1
ORDINANCE NO. 8102-09
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, 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 Third Quarter Review it was found that an increase of $11,591,697
is necessary for revenues and a decrease of $3,002,773 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 # 5
51 Ordinance No. 8102-09
Attachment number 21
Page 1 of 2
EXHIBIT A
2008-09 BUDGET REVENUE
First Third
Quarter Mid Year Quarter
Original Amended Amended Amended
Budget Budget Budget Budget Budget
2008/09 2008/09 2008/09 2008/09 Amendment
General Fund:
Property Taxes 43,461,390 43,461,390 43,461,390 43,741,053 279,663
Franchise Fees 9,819,270 9,819,270 9,819,270 9,819,270
Utility Taxes 12,030,350 12,030,350 12,030,350 12,030,350
Licenses, Permits & Fees 4,242,500 4,242,500 3,550,000 3,550,000
Sales Tax 5,800,000 5,800,000 5,275,000 5,275,000
Communications Services Tax 6,286,500 6,286,500 6,865,000 6,865,000
Intergovernmental Revenues 12,357,120 12,357,120 12,107,120 14,355,088 2,247,968
Charges for Current Services 4,151,420 4,236,864 4,189,358 4,156,358 (33,000)
Fines & Forfeitures 902,300 902,300 782,300 782,300
Interest Income 1,364,000 1,364,000 1,364,000 1,364,000
Miscellaneous 939,950 943,839 967,864 972,270 4,406
InterfundCharges /Transfers In 17,445,130 17,888,364 18,067,614 18,186,133 118,519
Transfer from Surplus 2,300,000 2,518,546 4,387,006 4,493,824 106,818
Total, General Fund 121,099,930 121,851,043 122,866,272 125,590,647 2,724,375
Special Revenue Funds:
Special Development Fund 16,038,440 18,874,767 18,429,767 18,829,347 399,580
Special Program Fund 1,364,210 2,834,342 7,063,995 8,811,119 1,747,124
Local Housing Asst Trust Fund 995,680 995,680 995,680 995,680
Utility & Other Enterprise Funds:
Water & Sewer Fund 60,609,860 60,609,860 59,901,860 67,926,189 8,024,329
Stormwater Utility Fund 13,800,460 13,825,878 13,878,305 13,878,305
Solid Waste Fund 18,751,250 18,704,250 18,555,250 18,615,250 60,000
Gas Fund 45,228,140 45,286,710 45,068,710 42,244,710 (2,824,000)
Recycling Fund 3,210,950 3,027,089 2,742,860 2,700,060 (42,800)
Marine Fund 5,351,090 5,148,090 5,078,790 4,612,930 (465,860)
Airpark Fund 242,000 239,000 239,000 239,000
Parking Fund 4,823,470 5,384,590 5,384,590 5,384,590
Harborview Center Fund 725,170 725,170 725,170 725,170
Internal Service Funds:
Administrative Services Fund 9,714,930 9,714,930 9,849,930 9,769,930 (80,000)
General Services Fund 5,247,910 5,247,910 5,342,910 5,350,105 7,195
Garage Fund 13,853,580 13,853,580 12,104,980 12,013,130 (91,850)
Central Insurance Fund 20,069,910 21,992,835 31,242,835 33,376,439 2,133,604
Total, All Funds 341,126,980 348,315,724 359,470,904 371,062,601 11,591,697
Ordinance #8102-09
52 Item # 5
Attachment number 21
Page 2 of 2
Original
Budget
2008/09 First
Quarter
Amended
Budget
2008/09
Mid Year
Amended
Budget
2008/09 Third
Quarter
Amended
Budget
2008/09
udget
Amendment
General Fund:
City Council 288,390 288,166 288,166 288,166
City Manager's Office 1,166,210 1,150,010 1,150,010 1,150,010
City Attorney's Office 1,688,790 1,667,759 1,667,759 1,667,759
City Auditor's Office 175,520 173,417 173,417 173,417
Development & Neighborhood Svcs 4,109,720 4,091,585 3,991,585 3,991,585
Economic Development & Housing S 1,389,940 1,382,084 1,362,084 1,362,084
Engineering 7,283,880 7,258,453 7,258,453 7,258,453
Equity Services 284,010 279,539 279,539 279,539
Finance 2,265,030 2,242,631 2,180,201 2,180,201
Fire 21,258,430 21,495,414 21,245,414 22,548,933 1,303,519
Human Resources 1,212,180 1,204,602 1,119,602 1,119,602
Library 6,065,270 6,048,708 6,048,708 6,048,708
Marine & Aviation 1,248,600 1,239,348 1,239,348 1,299,348 60,000
Non-Departmental 7,048,000 7,846,418 9,899,958 10,129,958 230,000
Office of Management & Budget 297,690 294,337 266,937 266,937
Official Records & Legislative Svcs 1,180,430 1,173,801 1,123,801 1,123,801
Parks & Recreation 21,123,800 21,152,322 20,769,302 20,776,302 7,000
Planning 1,429,290 1,418,617 1,358,617 1,358,617
Police 36,949,610 36,832,223 36,861,762 37,985,618 1,123,856
Public Communications 1,088,580 1,079,313 1,049,313 1,049,313
Public Services 3,546,560 3,532,296 3,532,296 3,532,296
EXHIBIT A (Continued)
2008-09 BUDGET EXPENDITURES
Total, General Fund 121,099,930 121,851,043 122,866,272 125,590,647 2,724,375
Special Revenue Funds:
Special Development Fund
Special Program Fund
Local Housing Asst Trust Fund
13,380,180 16,747,180 16,717,914 16,719,276
1,084,210 2,554,342 6,783,995 8,531,119
995,680 995,680 995,680 995,680
1,362
1,747,124
Utility & Other Enterprise Funds:
Water & Sewer Fund 60,609,860 60,609,860 59,901,860 55,696,490
Stormwater Utility Fund 13,800,460 13,825,878 13,878,305 13,878,305
Solid Waste Fund 18,735,750 18,688,750 18,362,980 18,362,980
Gas Fund 38,534,500 38,534,500 38,128,970 35,002,810
Recycling Fund 3,210,940 3,026,940 2,742,860 2,692,860
Marine Fund 5,348,430 5,052,230 4,907,970 4,596,360
Airpark Fund 206,310 201,010 221,010 226,010
Parking Fund 3,963,380 4,242,800 4,242,800 4,242,800
Harborview Center Fund 725,170 725,170 725,170 725,170
Internal Service Funds:
Administrative Services Fund 9,693,080 9,693,080 9,828,080 9,748,080
General Services Fund 5,247,910 5,247,910 5,342,910 5,342,910
Garage Fund 13,853,580 13,853,580 12,104,980 11,999,980
Central Insurance Fund 18,714,690 20,637,615 29,887,615 30,285,122
(4,205,370)
(3,126,160)
(50,000)
(311,610)
5,000
(80,000)
(105,000)
397,507
Total, All Funds 329,204,060 336,487,568 347,639,371 344,636,598 (3,002,773)
Ordinance #8102-09
53 Item # 5
Attachment number 22
Page 1 of 1
ORDINANCE NO. 8103-09
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 $4,432,444,
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 Third Quarter 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 Third Quarter Amended
budget for the capital improvement fund for the City of Clearwater, a copy
of which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard
Mayor
Approved as to form: Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
54
Item # 5
Ordinance No. 8103-09
Attachment number 23
Page 1 of 3
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
2008/09 2008/09 2008/09 2008/09 Amdmnts
Police Protection 250,000 250,000 (20,034) (20,034)
Fire Protection 473,000 488,407 337,955 337,533 (422)
New Street Construction 1,250,000 1,250,000 930,582 930,582
Major Street Maintenance 4,082,150 5,526,963 5,630,126 6,057,355 427,229
Sidewalks and Bike Trail 0 (569,191) (249,773) 1,142,227 1,392,000
Intersections 435,000 440,070 440,070 761,238 321,168
Parking 225,000 225,000 8,475,000 8,627,065 152,065
Miscellaneous Engineering 115,000 115,000 88,750 88,750
Park Development 2,110,500 3,423,437 3,623,437 3,607,580 (15,857)
Marine Facilities 405,000 175,000 171,984 (344,546) (516,530)
Airpark Facilities 10,000 10,000 10,000 10,000
Libraries 694,480 694,480 694,480 694,480
Garage 2,815,820 2,815,820 2,693,084 2,711,166 18,082
Maintenance of Buildings 2,593,300 2,350,800 2,350,800 2,358,497 7,697
Gen Public City Bldg & Equip 0 0 0 (19,238) (19,238)
Miscellaneous 945,000 945,000 1,111,799 1,111,799
Stormwater Utility 3,960,000 3,991,315 (7,778,551) (9,548,492) (1,769,941)
Gas System 1,645,000 1,654,000 1,548,774 1,570,720 21,946
Solid Waste 510,000 510,000 510,000 510,000
Utilities Miscellaneous 26,000 26,000 (65,467) (88,223) (22,756)
Sewer System 8,326,790 8,363,267 8,363,267 3,977,568 (4,385,699)
Water System 14,720,180 15,102,161 15,102,161 15,059,972 (42,189)
Recycling 160,000 160,000 160,000 160,000
TOTAL 45,752,220 47,947,529 44,128,445 39,696,001 (4,432,444)
Item # 5
55 Ordinance # 8103-09
Attachment number 23
Page 2 of 3
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09
First Qtr
Original Amended
Budget Budget
2008/09 2008/09
GENERAL SOURCES:
General Operating Revenue
General Revenue/County Co-op
Road Millage
Penny for Pinellas
Transportation Impact Fee
Local Option Gas Tax
Recreation Land Impact Fee
Open Space Impact Fee
Special Development Fund - Public Art
Special Development Fund
Grants - Other Agencies
Insurance Proceeds
Other Contributions
SELF SUPPORTING FUNDS:
Marine Revenue
Airpark Revenue
Parking Revenue
Harborview Revenue
Utility System:
Water Revenue
Sewer Revenue
Water Impact Fees
Sewer Impact Fees
Utility R&R
Stormwater Utility Revenue
Gas Revenue
Solid Waste Revenue
Grants - Other Agencies
Other Governmental Revenue
Property Owner's Share
Developer Contributions
Mid Year
Amended
Budget
2008/09
4,145,500 4,363,624 4,563,624
694,480 694,480 694,480
2,727,150 2,727,150 2,727,150
1,610,000 4,004,327 4,001,311
290,000 290,000 290,000
1,880,000 1,880,000 1,853,750
0 456,100 456,100
0 260,900 260,900
30,000 280,000 280,000
360,000 (2,302,621) (2,302,621)
0 12,000 12,000
280,000
10,000
225,000
100,000
50,000
10,000
225,000
100,000
50,000
10,000
225,000
100,000
75,000
4,563,370
250,000
575,000
2,914,590
3,284,980
1,455,000
350,000
0
0
75,000
4,563,370
250,000
575,000
2,914,590
3,310,398
1,464,000
350,000
50,000
4,807
75,000
4,563,370
250,000
575,000
2,914,590
3,315,825
1,464,000
350,000
1,466,799
4,807
Third Qtr
Amended
Budget
2008/09
4,525,106
694,480
2,727,150
3,999,673
290,000
1,853,750
456,100
260,900
3,000
280,000
646,645
31,232
12,000
Amdmnts
(38,518)
(1,638)
3,000
2,949,265
31,232
50,000
10,000
225,000
100,000
(4,247,928)
(2,884,003)
250,000
575,000
2,914,590
3,315,825
1,464,000
350,000
7,232,067
4,807
3,740
(52,385)
(4,322,928)
(7,447,373)
5,765,268
3,740
(52,385)
Item # 5
56 Ordinance # 8103-09
Attachment number 23
Page 3 of 3
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09
INTERNAL SERVICE FUNDS:
Garage Revenue
Administrative Services Revenue
General Services Revenue
Central Insurance Revenue
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund
Bonds - General Fund
BORROWING - SELF SUPPORTING FUNDS:
Lease Purchase - Water
Lease Purchase - Solid Waste
Lease Purchase - Recycling
Bond Issues - Water & Sewer
Bond Issue - Stormwater
Bond Issue - Parking
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage
Lease Purchase - Administrative Services
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
2008/09 2008/09 2008/09 2008/09 Amdmnts
110,920 110,920 110,920 97,770 (13,150)
225,000 225,000 225,000 225,000
0 0 0 (7,195) (7,195)
0 1,622,925 9,872,925 8,534,335 (1,338,590)
778,000 578,894 158,408 158,408
0 0 0 0
69,780 53,166 53,166 49,342 (3,824)
160,000 160,000 160,000 160,000
160,000 160,000 160,000 160,000
14,650,230 14,650,280 14,650,280 14,688,865 38,585
678,320 678,320 (12,440,503) (12,440,503)
2,065 2,065
2,749,900 2,749,900 2,627,164 2,627,164
350,000 350,000 350,000 350,000
TOTAL ALL FUNDING SOURCES: 45,752,220 47,947,529 44,128,445 39,696,001 (4,432,444)
57
Item # 5
Ordinance # 8103-09
Attachment number 24
Page 1 of 1
Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Third Quarter Summary
FY 2008/09
The amended 2008/09 Capital Improvement Program budget report is submitted for the City Council's Third Quarter
review. The net proposed amendment is a budget decrease of $4,432,444. This review provides the opportunity to
examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant
budget increases encompassed within this review are as follows:
The City Council did not previously approve the following Capital Improvement Budget increases to projects:
? Bio Solids Treatment -To record a budget increase in the amount of $124,159.35 in revenues from Safety Harbor
to fund the Bio Solids Treatment program.
? Liquid Disinfection - To record a budget increase of $174,445.61 of sewer revenue representing interest earning
from the Sewer Revenue Bond construction fund.
? Reclaimed Water Distribution - To record an increase of $218,571.16 of revenue from the Environmental
Protection Agency to support the reclaimed water distribution program.
All significant budget increases that have been previously approved by the City Council are listed below
Project Council
Budget Increase Approval
Beach Walk 397,507 8/09/09
East Avenue Trail 1,392,000 9/03/09
Intersection Improvements 321,168 10/02/08
Parking Lot Improvements 150,000 12/18/09
Downtown Boat Slips 1,236,097 08/06/09
18 Item # 5
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a one-year funding agreement, in the amount of $150,000 between Jolley Trolley Transportation of Clearwater, Inc. and the
City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) has been operating trolley service throughout the Clearwater
Beach, Island Estates, and Sand Key areas since 1982. The non-profit's mission is to reduce congestion and improve mobility in this
area for both tourists and residents. The Jolley Trolley estimates it transports 100,000 passengers per year, reducing approximately
55,000 vehicles on Clearwater Beach. In addition, the Jolley Trolley has become a tourist venue that differentiates Clearwater Beach
from other beaches in the area.
The Jolley Trolley has undergone significant changes in leadership and operation since March 2009. With a new Executive Director, the
following improvements have been completed or are underway:
Board member diversity improvements
Board/Executive Director accountability with reporting deadlines
Networking with both Chambers, tourism groups, hoteliers, wedding planners
Developed a website, with search engine optimization underway
Improved advertising displays in/on trolleys
Training drivers to be "Ambassadors of Tourism"
Rolled out new products: free birthday rides; day, weekly, and monthly passes
Implemented new schedule with 99% on time frequencies
Initiating new map and schedule of routes (every 30 minutes)
In addition to the above changes, the Jolley Trolley has also negotiated an agreement with the Pinellas Suncoast Transit Authority
(PSTA) to partner on their routes and to enhance services to the area. This partnership will require the Jolley Trolley to make
investments in technology to be compatible with PSTA and be more competitive.
As part of the new agreement, the Jolley Trolley will prepare a quarterly report that tracks high level financials, ridership numbers,
accident frequency, and on-time adherence to schedule. The City will use these items as a measure of performance.
$150,000 has been budgeted in the Parking Fund's FY 2009-10 operating budget to fund this agreement. Attached is the Jolley Trolley's
Business Plan that covers the proposed revenues and expenditures for 2009 and 2010. The term of the agreement is for one year.
The Economic Development and Housing Department will administer the new agreement.
Type: Other Item # 6
Current Year Budget?: Yes Budget Adjustment: No
Budget Adjustment Comments:
Current Year Cost: 150,000 Annual Operating Cost:
Not to Exceed: Total Cost: 150,000
For Fiscal Year: 2009 to 2010
Appropriation Code Amount Appropriation Comment
0435-01333-582000-545- 150,000
000-0000
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 6
Attachment number 1
Page 1 of 4
JOLLEY TROLLEY SYSTEM GRANT FUNDING AGREEMENT
This Jolley Trolley System Funding Agreement is made and entered into this day of
September, 2009, between the City of Clearwater, hereinafter referred to as the ("City") and the
JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit corporation,
hereinafter referred to as the ("Corporation").
ARTICLE I. TERM
The term of this agreement shall be for a period of one (1) year commencing on October 1, 2009
and continuing through September 30, 2010, (the "Termination Date"), subject to annual budgetary
appropriation approved by the Clearwater City Council, unless earlier terminated under the terms of
this agreement.
ARTICLE II. RESPONSIBILITIES OF THE CORPORATION
1) Services to be Provided. The Corporation shall provide the transportation services to
promote tourism described as trolley service on Clearwater Beach, Island Estates and Sand
Key, as described in Exhibit A.
2) Transportation Pick-ups. The Corporation shall provide scheduled transportation pick-ups
which will be no more than 30 minutes apart (conditions permitting), as described in Exhibit
A.
3) Posted Route Schedules. The Corporation shall provide posted route times at selected
pick-up locations listing scheduled pick-up times, in conjunction with the Pinellas Suncoast
Transit Authority (PSTA).
4) Scheduled Reports of Activities. The Corporation shall furnish the City with IRS Forms
990 and 990T certified by independent Certified Public Accountant within 90 days of the end
of the fiscal year to the Economic Development and Housing Director. The financial report is
to set forth the total cost of operations provided, and the detailed account of operational
costs funded in part by the City. The Corporation will also provide quarterly reports of
activities including: high level financials, ridership numbers, accident frequency, and on-time
adherence to schedule.
5) Use and Disposition of Funds Received. Funds received by the Corporation from the City
shall be used towards the payment of expenses attendant to the operation of the Trolley
System.
6) Creation, Use and Maintenances of Financial Records.
a) Creation of Records. The Corporation shall create, maintain and make accessible
to authorized City representatives such financial and accounting records, books,
documents, policies, practices and procedures necessary to reflect fully the financial
activities of the Corporation. Such records shall be available and accessible at all
times for inspection, review or audit by authorized City personnel, and shall be made
available in accordance with Chapter 119, Florida Statutes (Public Records) and
other applicable law.
b) Use of Records. The Corporation shall produce such reports and analyses that may
be required by the City and other duly authorized agencies to document the proper
and prudent stewardship and use of the monies received through this agreement.
Item # 6
Attachment number 1
Page 2 of 4
c) Maintenance of Driver's Log and Check Point System. The Corporation agrees to
maintain a driver's log and a check point system to document compliance with the
agreed upon schedule. Changes to these attached schedules are at the discretion
of the Corporation Board of Directors, but will be submitted to the City at least two
weeks prior to implementation. Any change, or series of changes, which will cause
more than a 25% reduction in the routes may, at the discretion of the City Council,
be considered a failure to adhere to the terms of the contract and may be grounds
for reducing the funding commitment or may be considered cause for termination of
the contract.
d) Maintenance of Records. All records created hereby are to be retained and
maintained for a period not less than five (5) years from the close of the applicable
fiscal year.
7) Non-discrimination. Notwithstanding any other provision of this agreement, the Corporation
for itself, agents and representatives, as part of the consideration for this agreement does
covenant and agree that:
a) No Exclusion from Use. No person shall be excluded from participation in, denied
the benefits of, or otherwise be subjected to discrimination in the operation of this
program on the grounds of race, color, religion, sex, handicap, age or national origin.
b) No Exclusion from Hire. In the management, operation, or provision of the program
activities authorized and enabled by this agreement, no person shall be excluded
from participation in or denied the benefits of or otherwise be subject to
discrimination on the grounds of, or otherwise be subjected to discrimination on the
grounds of race, color, religion, sex, handicap, age, or national origin, except that
age may be taken into consideration to the extent that the age of an employee is a
bona fide occupational qualification, as permitted by law.
c) Inclusion in Subcontracts. The Corporation agrees to include the requirement to
adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-
contracts.
d) Breach of Non-discrimination Covenants. In the event of conclusive evidence of a
breach of any of the above non-discrimination covenants, the City shall have the
right to terminate this agreement immediately.
8) Liability and Indemnification. The Corporation shall act as an independent contractor and
agrees to assume all risks of providing the program activities and services herein agreed
and all liability therefore, and shall defend, indemnify, and hold harmless the City, its
officers, agents, and employees from and against any and all claims of loss, liability and
damages of whatever nature, to persons and property, including, without limiting the
generality of the foregoing, death of any person and loss of the use of any property, except
claims arising from the negligence of the City or City's agents or employees. This includes,
but is not limited to, matters arising out of or claimed to have been caused by or in any
manner related to the Corporation's activities or those of any approved or unapproved
invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the
Corporation whether or not based on negligence. Nothing herein shall be construed as
consent by the City to be sued by third parties, or as a waiver or modification of the
provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign
Immunity.
9) Compliance with Laws. Corporation shall comply with all federal, state, county and local
laws, rules and regulations applicable to the operation of the vehicles. If it is ever
2 Item # 6
Attachment number 1
Page 3 of 4
determined that this Agreement violates any federal, state, county or local laws, rules or
regulations, then Corporation shall comply in a timely manner or City may terminate.
10) Corporation's Role in the Development and Revitalization of Clearwater Beach. It is
contemplated by the Parties hereto that in consideration for the funding provided by the City,
the Corporation's role in providing trolley service shall be promoted as a tourist amenity and
enhancement in furtherence of the development and revitalization of Clearwater Beach. To
that end, the Corporation agrees to cooperate and work with City staff to develop the
Corporation's role as integral to such revitalization and development and as a catalyst for
tourism.
ARTICLE III. RESPONSIBILITIES OF THE CITY
1) Funds for Operations. The City, subject to annual City Council approval, agrees to fund in part
the operational costs incurred in providing the activities and services authorized by this
agreement as follows:
• An annual amount of $150,000 for providing trolley service on Clearwater Beach, Island
Estates and Sand Key, based upon the Corporation meeting the route schedule attached as
Exhibit A.
Payable in equal payments of 1/12 per month per fiscal year.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not
be changed, modified or discharged except by written Amendment duly executed by both parties.
No representations or warranties by either party shall be binding unless expressed herein or in a
duly executed Amendment hereof.
ARTICLE V. TERMINATION
1) For Cause. Failure to adhere to any of the provisions of this Agreement in material respect shall
constitute cause for termination. Either party may terminate this Agreement for cause by giving
the other party sixty (60) days notice of termination. If the default is not cured within the sixty
(60) day period following receipt of notice, this Agreement shall terminate on the sixty-first (61st)
day.
2) Disposition of Fund Monies. In the event of termination for any reason, monies made
available to the Corporation but not expended in accordance with this Agreement shall be
returned to the City within 30 days of demand.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this Agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand delivered to
such party at the address indicated below (or at such other address as such party shall specify to
the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th)
business day after the day on which such notice is mailed and properly addressed.
1) If to Corporation, addressed to: Jolley Trolley Transportation of Clearwater, Inc.
483 Mandalay Avenue, Suite 213
Clearwater, FL 33767
3 Item # 6
Attachment number 1
Page 4 of 4
2) If to City, addressed to: City Manager
P. O. Box 4748
Clearwater, FL 33758-4748
With copies to:
City Attorney
P. O. Box 4748
Clearwater, FL 33758-4748
Economic Development and Housing Director
P.O. Box 4748
Clearwater, FL 33758-4748
ARTICLE VII. EFFECTIVE DATE
The effective date of this Agreement shall be as of the date written below.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of
12009.
Countersigned:
Frank V. Hibbard
Mayor
Approved as to form:
CITY OF CLEARWATER, FLORIDA
William B. Horne II
City Manager
Attest:
Pam Akin Cynthia E. Goudeau
City Attorney City Clerk
JOLLEY TROLLEY TRANSPORATION
OF CLEARWATER, INC.
By
Robert L. Longenecker
Executive Director
Attest:
4 Item # 6
Attachment number 2
Page 1 of 2
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#6
Attachment number 3
Page 1 of 8
Alt A PSTA / JT 18 hour Cooperative Agreement
Business Plan for 2007 to 2010
Revenue Item
City Support
Fares
Advertising
Charters
Interest
Donations / PSTA
Total Revenue
Expense Item
Driver Wages
Clerical Wages
Maintenance Wages
Administrative Salaries
Payroll Taxes
Worker's Compensation
Other Personnel Costs
Maintenance Parts
Insurance
Fuel
Rent
Utilities
Office Supplies / Marketing
Professional Fees
Equipment Rental
Miscellaneous
Total Expense
Net Asset Change
Actual Actual Forecast Forecast
2007 2008 2009 2010
$281,220 $150,000 $150,000 $150,000
$118,584 $89,742 $96,000 $120,000
$98,386 $76,020 $76,000 $144,000
$107,618 $95,647 $62,000 $140,000
$2,002 $435 $20 $0
$0 $9 $2,000 $122,000
$607,810 $411,853 $386,020 $676,000
$178,019 $105,499 $102,000 $138,000
$24,144 $21,014 $6,000 $22,000
$41,935 $44,483 $44,000 $49,000
$47,356 $47,697 $69,000 $88,000
$29,262 $21,115 $28,000 $37,000
$15,673 $7,775 $10,000 $12,000
$9,456 $5,914 $8,000 $10,000
$39,356 $32,070 $32,000 $39,000
$49,621 $49,372 $38,000 $38,000
$101,673 $84,285 $52,000 $99,000
$21,672 $22,516 $31,000 $32,000
$6,524 $6,968 $8,000 $10,000
$2,439 $1,855 $20,000 $45,000
$6,795 $1,450 $2,500 $12,000
$2,314 $2,364 $2,500 $10,000
$2,573 $2,387 $2,500 $2,500
$578,812 $456,764 $455,500 $643,500
$28,998 -$44,911 -$69,480 $32,500
Item # 6
Attachment number 3
Page 2 of 8
Alt B Cut back to 6 hours per day
Business Plan for 2007 to 2010
Revenue Item
City Support
Fares
Advertising
Charters
Interest
Other Revenue
Total Revenue
Expense Item
Driver Wages
Clerical Wages
Maintenance Wages
Administrative Salaries
Payroll Taxes
Worker's Compensation
Other Personnel Costs
Maintenance Parts
Insurance
Fuel
Rent
Utilities
Office Supplies / Marketing
Professional Fees
Equipment Rental
Miscellaneous
Total Expense
Net Asset Change
Actual Actual Forecast Planned
2007 2008 2009 2010
$281,220 $150,000 $150,000 $120,000
$118,584 $89,742 $96,000 $40,000
$98,386 $76,020 $80,000 $120,000
$107,618 $95,647 $62,000 $90,000
$2,002 $435 $20 $0
$0 $9 $2,000 $0
$607,810 $411,853 $390,020 $370,000
$178,019 $105,499 $102,000 $65,000
$24,144 $21,014 $18,000 $22,000
$41,935 $44,483 $42,000 $28,000
$47,356 $47,697 $80,000 $60,000
$29,262 $21,115 $24,000 $21,000
$15,673 $7,775 $10,000 $8,000
$9,456 $5,914 $8,000 $6,000
$39,356 $32,070 $32,000 $22,000
$49,621 $49,372 $38,000 $24,000
$101,673 $84,285 $52,000 $48,000
$21,672 $22,516 $31,000 $24,000
$6,524 $6,968 $8,000 $5,000
$2,439 $1,855 $20,000 $20,000
$6,795 $1,450 $2,500 $8,500
$2,314 $2,364 $2,500 $6,000
$2,573 $2,387 $2,500 $2,500
$578,812 $456,764 $472,500 $370,000
$28,998 -$44,911 -$82,480 $0
Item # 6
Attachment number 3
Page 3 of 8
Alt C PSTA / JT 18 hour Cooperative w/Downtown
Business Plan for 2007 to 2010
Revenue Item
City Support
Fares
Advertising
Charters
Interest
PSTA/DDB
Total Revenue
Expense Item
Driver Wages
Clerical Wages
Maintenance Wages
Administrative Salaries
Payroll Taxes
Worker's Compensation
Other Personnel Costs
Maintenance Parts
Insurance
Fuel
Rent
Utilities
Office Supplies / Marketing
Professional Fees
Equipment Rental
Miscellaneous
Total Expense
Net Asset Change
Actual Actual Forecast Planned
2007 2008 2009 2010
$281,220 $150,000 $150,000 $150,000
$118,584 $89,742 $96,000 $150,000
$98,386 $76,020 $80,000 $162,000
$107,618 $95,647 $62,000 $140,000
$2,002 $435 $20 $0
$0 $9 $2,000 $245,000
$607,810 $411,853 $390,020 $847,000
$178,019 $105,499 $102,000 $240,000
$24,144 $21,014 $18,000 $22,000
$41,935 $44,483 $42,000 $52,000
$47,356 $47,697 $80,000 $88,000
$29,262 $21,115 $24,000 $50,000
$15,673 $7,775 $10,000 $16,000
$9,456 $5,914 $8,000 $14,000
$39,356 $32,070 $32,000 $43,000
$49,621 $49,372 $38,000 $48,000
$101,673 $84,285 $52,000 $166,000
$21,672 $22,516 $31,000 $32,000
$6,524 $6,968 $8,000 $9,000
$2,439 $1,855 $20,000 $45,000
$6,795 $1,450 $2,500 $8,500
$2,314 $2,364 $2,500 $6,000
$2,573 $2,387 $2,500 $2,500
$578,812 $456,764 $472,500 $842,000
$28,998 -$44,911 -$82,480 $5,000
Item # 6
Attachment number 3
Page 4 of 8
?_.
Alt D Status Quo
Business Plan for 2007 to 2010
Revenue Item
City Support
Fares
Advertising
Charters
Interest
Other Revenue
Total Revenue
Expense Item
Driver Wages
Clerical Wages
Maintenance Wages
Administrative Salaries
Payroll Taxes
Worker's Compensation
Other Personnel Costs
Maintenance Parts
Insurance
Fuel
Rent
Utilities
Office Supplies / Marketing
Professional Fees
Equipment Rental
Miscellaneous
Total Expense
Net Asset Change
Actual Actual Forecast Planned
2007 2008 2009 2010
$281,220 $150,000 $150,000 $150,000
$118,584 $89,742 $96,000 $100,000
$98,386 $76,020 $80,000 $144,000
$107,618 $95,647 $62,000 $140,000
$2,002 $435 $20 $0
$0 $9 $2,000 $0
$607,810 $411,853 $390,020 $534,000
$178,019 $105,499 $102,000 $130,000
$24,144 $21,014 $18,000 $22,000
$41,935 $44,483 $42,000 $42,000
$47,356 $47,697 $80,000 $88,000
$29,262 $21,115 $24,000 $32,000
$15,673 $7,775 $10,000 $10,000
$9,456 $5,914 $8,000 $9,000
$39,356 $32,070 $32,000 $27,000
$49,621 $49,372 $38,000 $38,000
$101,673 $84,285 $52,000 $94,000
$21,672 $22,516 $31,000 $32,000
$6,524 $6,968 $8,000 $9,000
$2,439 $1,855 $20,000 $45,000
$6,795 $1,450 $2,500 $8,500
$2,314 $2,364 $2,500 $6,000
$2,573 $2,387 $2,500 $2,500
$578,812 $456,764 $472,500 $595,000
$28,998 -$44,911 -$82,480 -$61,000
Item # 6
Attachment number 3
Page 5 of 8
Alternatives Comparison
Revenue Item
City Support
Fares
Advertising
Charters
Interest
Other Revenue
Total Revenue
Expense Item
Driver Wages
Clerical Wages
Maintenance Wages
Administrative Salaries
Payroll Taxes
Worker's Compensation
Other Personnel Costs
Maintenance Parts
Insurance
Fuel
Rent
Utilities
Office Supplies / Marketing
Professional Fees
Equipment Rental
Miscellaneous
Total Expense
Net Asset Change
Alt Alt Alt Alt Forecast
A B C D 2009
$150,000 $120,000 $150,000 $150,000 $150,000
$120,000 $40,000 $150,000 $100,000 $96,000
$144,000 $120,000 $162,000 $144,000 $80,000
$140,000 $90,000 $140,000 $140,000 $62,000
$0 $0 $0 $0 $20
$122,000 $0 $245,000 $0 $2,000
$676,000 $370,000 $847,000 $534,000 $390,020
$138,000 $65,000 $240,000 $130,000 $102,000
$22,000 $22,000 $22,000 $22,000 $18,000
$49,000 $28,000 $52,000 $42,000 $42,000
$88,000 $60,000 $88,000 $88,000 $80,000
$37,000 $21,000 $50,000 $32,000 $24,000
$12,000 $8,000 $16,000 $10,000 $10,000
$10,000 $6,000 $14,000 $9,000 $8,000
$39,000 $22,000 $43,000 $27,000 $32,000
$38,000 $24,000 $48,000 $38,000 $38,000
$99,000 $48,000 $166,000 $94,000 $52,000
$32,000 $24,000 $32,000 $32,000 $31,000
$10,000 $5,000 $9,000 $9,000 $8,000
$45,000 $20,000 $45,000 $45,000 $20,000
$12,000 $8,500 $8,500 $8,500 $2,500
$10,000 $6,000 $6,000 $6,000 $2,500
$2,500 $2,500 $2,500 $2,500 $2,500
$643,500 $370,000 $842,000 $595,000 $472,500
$32,500 $0 $5,000 -$61,000 -$82,480
Item # 6
Attachment number 3
Page 6 of 8
.. ?,?
Revenue Item
City Support
Fares
Advertising
Charters
Interest
Other Revenue
Total Revenue
Expense Item
Driver Wages
Clerical Wages
Maintenance Wages
Administrative Salaries
Payroll Taxes
Worker's Compensation
State Unemployment
Other Personnel Costs
Maintenance Parts
Insurance
Fuel
Rent
Utilities
Office Supplies / Marketing
Professional Fees
Equipment Rental
Miscellaneous
Total Expense
Net Asset Change
April 2009 Financial Ref
2008
$ 150,000
$ 89,742
$ 76,020
$ 95,647
$ 435
$ 9
$ 411,853
$ 105,499
$ 21,014
$ 44,483
$ 47,697
$ 21,115
$ 7,775
#REF!
$ 5,914
$ 32,070
$ 49,372
$ 84,285
$ 22,516
$ 6,968
$ 1,855
$ 1,450
$ 2,364
$ 2,387
$ 456,764
36%
22%
18%
23%
0%
0%
$218,693 53%
$ (44,911)
Item # 6
Attachment number 3
Page 7 of 8
nUItS
Item # 6
Attachment number 3
Page 8 of 8
Revenue Item
City Support
Fares
Advertising
Charters
Interest
Other Revenue
Total Revenue
Expense Item
Driver Wages
Clerical Wages
Maintenance Wages
Administrative Salaries
Payroll Taxes
Worker's Compensation
Other Personnel Costs
Maintenance Parts
Insurance
Fuel
Rent
Utilities
Office Supplies / Marketing
Professional Fees
Equipment Rental
Miscellaneous
Total Expense
Decreases $30,000 for FY 2010
Substantial support from beach merchants
Support from PSTA?
Item # 6
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce (CRCC) for tourism
services in Fiscal Year 2009-2010 in return for funding in the amount of $190,000 and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
In Fiscal Year 1999-00, the City of Clearwater entered into an agreement with the Clearwater Regional Chamber of Commerce (CRCC)
to provide tourism services on behalf of the City. Fiscal Year 2009-10 will be the eleventh year of this partnership.
The CRCC will continue to provide visitor information services for the City at the Chamber's business location(s), including preparing
and distributing the official Visitor's Guide with an updated accommodations listing of the Clearwater Beach and Clearwater mainland
properties; maintaining an adequate supply of Visitors Guides at State Welcome Centers on I-75, I-10 and I-95, at the Clearwater Beach
Visitor Information Center, at the State Road 60 Welcome Center and at travel trade promotional events; advertising placement in local,
national and international trade publications; operation of the tourism website and other public relations activities. Reports of these
activities are submitted to the Economic Development and Housing Department Director on a quarterly basis for review of
performance.
Accomplishments for this fiscal year include: (for the first three quarters) distributed 70,000 Visitor Guides; placed several coop
advertisements including 3 full-page ads in Jazz publications for the Jazz Holiday; updated the VisitClearwaterFlorida website;
continued quarterly updates to the electronic newsletter; added a new marketing/public relations person to the team to assist the Vice
President of Tourism; and created a new style of advertising that includes more "eye time" with responses to sweepstakes/contests.
With the new leadership in place, staff carefully reviewed each component of the tourism strategy with the Chamber to look for
improvements and efficiencies. A review of thead campaigns placed in Visit Florida was found to be ineffective as they were unable to
evaluate a good return on investment. The Chamber's proposed new model will be to support successful Clearwater-specific events
such as Outback Bowl Beach Day and Ironman that draws large visitor and media attention, including national and international
television programming. This model affords the opportunity to track specifically "heads in beds" and the economic impact through the
bed tax. The Chamber will work with event leaders, sending visitors guides directly to participating cities and helping with the design of
the collateral literature for the event, with more focus on Clearwater.
The Chamber, on behalf of the City, will continue to participate in cooperative advertising campaigns with Visit St. Petersburg
Clearwater (Convention and Visitors Bureau). The Chamber also plans to continue its public relations efforts began in FY08-09
targeting travel writers and hosting "familiarization" trips to secure editorial placements in national media. The e-newsletter Footprints
will continue to be sent out seasonally to tens of thousands of consumers and travel industry media.
The Chamber will prepare a quarterly report that tracks the number of visitors served, number of guides distributed, number of website
hits, amount of and number of destination advertising placed, number of stories written, etc. on a quarterly basis and annual totals. The
City will use these items as a measure of performance.
$190,000 has been budgeted in the FY 2009-10 Economic Development and Housing Department operating budget (contractual
services) to fund this agreement. The term of the FY 2009-10 agreement is one year.
Type:
Other
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
Budget Adjustment:
190,000 Annual Operating Cost:
Total Cost:
No
190,000
Cover Memo
Item # 7
For Fiscal Year: 2009 to 2010
Appropriation Code Amount
0010-09216-530100-552- 190,000
000-0000
Appropriation Comment
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 7
Attachment number 1
Page 1 of 5
AGREEMENT
This Agreement is made and entered into this day of September 2009
between the City of Clearwater, hereinafter referred to as the City, and Clearwater
Regional Chamber of Commerce, hereinafter referred to as the Agency.
WHEREAS, the City desires to provide visitor information services for the City of
Clearwater; and
WHEREAS, the Agency has established programs that provide visitor
information services for the City of Clearwater; and
NOW, THEREFORE, the parties agree as follows:
ARTICLE I. TERM
The term of this agreement shall be for a period of twelve (12) months
commencing as of October 1, 2009, and continuing through September 30, 2010, (the
Termination Date) unless earlier terminated under the terms of this agreement. This
Agreement can be extended by the mutual written agreement of both parties.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
1. Services to be Provided: The Agency shall provide at a minimum the services
described in Exhibit "A."
2. Area to be Served: Services rendered through this agreement shall be for the
area located within the limits of the City of Clearwater, Florida.
3. Payment of Fees and Taxes. The Agency shall obtain all required licenses at
its own expense and shall pay all required taxes necessary to the Agency's operation.
4. Scheduled Reports of Agency Activities: The Agency shall furnish the City
Manager or his designee, with a quarterly report of activities conducted under the
provisions of this agreement. Each report is to identify the number of clients served,
the costs of such service, and commentary on the viability, effectiveness, and trends
affecting the visitor program. The City may request additional reports if desired to
monitor annual objectives set by the Agency.
5. Use and Disposition of Funds Received: Funds received by the Agency from
the City shall be used to pay for the above services as further described in the proposal
submitted by the Agency to the City (Exhibit "A"). Funds existing and not used for this
purpose at the end of this agreement term shall be deemed excess to the intended
purpose and shall be returned to the City.
Item # 7
Attachment number 1
Page 2 of 5
6. Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: Agency shall create and maintain financial and
accounting records, books, documents, policies, practices, procedures and any
information necessary to reflect fully the financial activities of the Agency
pertaining to this agreement. Such records shall be available and accessible at
all times for inspection, review, or audit by authorized City representatives.
b) Use of Records: Agency shall produce such reports and audits as required
by the City to document the proper and prudent stewardship and use of the
monies received through this agreement.
C) Maintenance of Records: All records created hereby are to be retained and
maintained for a period not less than one (1) year.
7. Nondiscrimination: Agency agrees that no person shall, on the grounds of
race, sex, handicap, national origin, religion, martial status or political belief, be
excluded from participation in, denied the benefit(s) of, or be otherwise discriminated
against as an employee, volunteer, or client of the provider.
8. Liability and Indemnification: The Agency shall act as an independent
contractor in the performance of this agreement. The Agency agrees to assume the
risks of providing the services as provided for in this agreement. Each party to this
agreement agrees to be fully responsible for its own real and personal property, and for
its negligence, and the negligence of its employees, volunteers, and agents.
9. Insurance: Neither party to this agreement shall be responsible for providing
any insurance coverage to the other party. Each party shall purchase and provide
insurance coverage as it deems necessary to perform its contractual obligations under
this agreement. Each party shall be responsible for defending a claim made against it
by a third party. Should a claim be asserted against a party to this agreement, that
party will be responsible for its own defense of the claim and it will notify the other party
so the other party can take the action it deems necessary to protect its interests.
ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Funds. The City, for the 2009/2010 budget year, agrees to provide
$190,000.00 to the Agency to assist in funding Agency activities and expenses as
identified in Exhibit "A".
2. Payments: The total amount of this agreement will be paid by the City to the
Agency on a quarterly basis.
Item # 7
Attachment number 1
Page 3 of 5
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject
hereof and may not be changed, modified, or discharged except by written Amendment
duly executed by both parties. No representations or warranties by either party shall be
binding unless expressed herein or in a duly executed Amendment hereof.
ARTICLE V. TERMINATION
1. For Cause: Failure to adhere to any of the provisions of this agreement as
determined by the City shall constitute cause for termination. This agreement may be
terminated with 10 days written notice without any further obligation by City.
2. For Municipal Purpose: The City may terminate for any municipal purpose by
giving 30 days written notice to Agency.
3. Disposition of Fund Monies: In the event of termination for any reason, monies
made available to the Agency, but not expended in accordance with this agreement,
shall be returned to the City.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this agreement
shall be conclusively deemed to have been received by a party hereto on the date it is
hand-delivered to such party at the address indicated below (or at such other address
as such party shall specify to the other party in writing), or if sent by registered or
certified mail (postage prepaid), on the fifth (5th) business day after the day on which
such notice is mailed and properly addressed.
1. If to City, addressed to City Manager, City of Clearwater, P. O. Box 4748,
Clearwater, Florida 33758-4748
2. If to Agency, addressed to, Bob Clifford, President/CEO, Clearwater Regional
Chamber of Commerce, 401 Cleveland Street, Clearwater, Florida 33755.
Item # 7
Attachment number 1
Page 4 of 5
IN WITNESS WHEREOF, the parties have executed this agreement as of the
date and year first written above.
CLEARWATER REGIONAL CHAMBER
OF COMMERCE
(Agency)
By:
Bob Clifford
President/CEO
CITY OF CLEARWATER, FLORIDA
(City)
By:
William B. Horne II
City Manager
Print Name: Frank V. Hibbard
Secretary Mayor
ATTEST:
Cynthia E. Goudeau
City Clerk
Approved as to form:
Pam Akin
City Attorney
4 Item # 7
Attachment number 1
Page 5 of 5
Exhibit A
• The Agency will oversee the Visitor Guide fulfillment. All requests received from
various sources will be sent directly to the mailing house. The mailing house will
prepare a monthly report indicating the number of leads by source, number of
pieces mailed, postage amounts, etc. The mailing house will send the
Clearwater Beach Chamber a listing of prospects received from all non-chamber
sources.
• The Agency will contract for and maintain the inventory of visitor's guides at the
1-75, 1-10, and 1-95 State Welcome Centers. The Agency will also utilize the Visit
St. Petersburg/Clearwater Area (Convention and Visitors Bureau) sales
programs for Visitor Guide distribution to the travel trade and consumers.
The Agency will place destination advertising in the Visit St.
Petersburg/Clearwater Area (Convention and Visitors Bureau) and, if possible,
Visit Florida Visitors Guides. Additional advertising will be placed on the Visit St.
Petersburg/Clearwater Area webs ite www. . Other advertising
and promotion will be considered by the Tourism Marketing Committee and
could include consumer advertising. The Chamber coordinates its own
advertising coops and will incorporate the City in every one.
• The Agency will manage and maintain the www.visitclearwaterflorida.com
website.
• The Agency will assist Clearwater Jazz Holiday with advertisements.
• The Agency will update the accommodations listing of the Clearwater Beach and
Clearwater mainland properties for the Official Visitors Guide.
• The Agency will also promote the destination through:
• implementing a public relations campaign, which includes, but isn't limited to,
producing the electronic newsletter Footprints;
• distributing destination information to travel writers;
• hosting a travel writer press trip and individual writers throughout the year;
• supporting Clearwater-specific events, such as Ironman and Outback Bowl
Beach Day, that attract both large visitor and national media attention.
• As part of the Agency's quarterly reporting requirement, the Agency will continue
to update its tracking spreadsheet of number of visitors served, number of
guides distributed, number of website hits, amount of and number of destination
advertising placed, number of stories written, etc. on a quarterly basis and
annual totals. The City will use these items as a measure of performance.
Item # 7
Attachment number 2
Page 1 of 2
Clearwater Regional Chamber of Commerce
City of Clearwater Tourism Agreement
Proposed Budget FY 09/10
FY 08/09 FY 09/10 Variance
Budget Proposed Budget 09/10 to 08/09
Salaries and Related:
Inquiry processing $ 18,400.00 $ 18,400.00 $ -
V.P. of Tourism $ 8,000.00 $ 8,700.00 $ 700.00
Postage
Fulfillment $ 32,700.00 $ 25,600.00 $ (7,100.00)
Metered mail $ 3,120.00 $ 3,120.00 $ -
Auto/Meetings/Dues $ 120.00 $ 880.00 $ 760.00
Telephone $ 660.00 $ 728.00 $ 68.00
Printing/copying/supplies $ 457.00 $ 150.00 $ (307.00)
Website Expenses $ 4,670.00 $ 4,788.00 $ 118.00
Trade Promotions $ 5,400.00 $ 1,500.00 $ (3,900.00)
State WC Membership $ 930.00 $ 930.00 $ -
Advertising
Visit Florida $ 24,222.00 $ 8,000.00 $ (16,222.00)
VSPC/CVB $ 4,825.00 $ 5,000.00 $ 175.00
VF/CVB Ad Co-ops $ 27,200.00 $ 3,500.00 $ (23,700.00)
Jazz Holiday $ 6,000.00 $ 6,000.00 $ -
Misc. Advertising $ 240.00 $ 5,000.00 $ 4,760.00
Public Relations $ 36,000.00 $ 37,200.00 $ 1,200.00
Footprints $ 1,400.00 $ 4,000.00 $ 2,600.00
Travel Writers $ 6,152.00 $ 12,000.00 $ 5,848.00
Ironman Event $ - $ 5,000.00 $ 5,000.00
Outback Bowl $ - $ 30,000.00 $ 30,000.00
Administrative Costs $ 9,504.00 $ 9,504.00 $ -
Total Expenditures $ 190,000.00 $ 190,000.00 $ -
Item # 7
Attachment number 2
Page 2 of 2
Clearwater Regional Chamber of Commerce
City of Clearwater Tourism Agreement
Proposed Budget FY 09/10
Page 2
Budaet Narrative
Salaries and Related:
Inquiry processing Allocation of Front Desk/Admin support for Tourism information (58% of wages/bens)
V.P. of Tourism Allocation of VP of Tourism for contract oversight (approx 13% of wages/bens)
Postage
Fulfillment
Metered mail
Auto/Meetings/Dues
Telephone
Printing/copying/supplies
Website Expenses
Trade Promotions
State WC Membership
Advertising
Visit Florida
VSPC/CVB
VF/CVB Ad Co-ops
Jazz Holiday
Misc. Advertising
Public Relations
Footprints
Travel Writers
Ironman Event
Outback Bowl
Administrative Costs
Visitor guide fulfillment and related postage
Chamber postage costs of mailing of visitor guides and requested information
VP of Tourism's mileage, tourism memberships* and meetings expenses
Allocation of phone system utilized for tourism inquiry (2 lines/15 lines at 13% of monthly exp)
Photocopies and office supplies related to Visit Clearwater
Visitclearwaterflorida.com website host and maintenance
Budgeted at four trade shows @ $375 each
Visit Florida membership
Advertising on visitflorida.com
Advertising with CVB in their publications
Advertising co-ops
Jazz Holiday advertising
Such as Orlando Concierge guide
Subcontract with Anita Treiser at $3,100 per month
Emagazine updates provided by Weblink
Two FAM's at $6,000 each
Ironman special event promoting Clearwater tourism
Outback Bowl 2010 events promoting Clearwater tourism
Represents 5% of the Total Budget
*Memberships include: Women in Tourism, CVB, Florida Restaurant and Lodging, etc.
Item # 7
Attachment number 3
Page 1 of 2
EXECUTIVE SUMMARY - CITY REPORT
VISITOR INFORMATION SERVICES
AUGUST 20, 2009 - 6 PM
The Clearwater Regional Chamber of Commerce (Chamber) provides visitor information
services on behalf of the City of Clearwater (City) through established programs. The
City and Chamber monitor the success and progress of these programs through quarterly
written reports, face to face meetings and committee meetings with the industry
representatives.
Production and distribution of the Clearwater Visitor Guides is a key program - for the
first three quarters of FY 08/09 approximately 70,000 were distributed. Design of the
2010 Visitor Guide is underway and will be completed by January 2010.
Advertising is another important element. Concentration on the strongest visitor markets
within Florida, nationally and internationally have been targeted. A couple of recent
coop advertisements have exceeded expectations. Additionally, in support of the Jazz
Holiday, 3 full page advertisements have been placed in jazz publications.
The VisitClearwaterFlorida website is instrumental in providing visitor services. The
revamping of this site will be discussed. Social media will be added. The electronic
newsletter will continue to be shared quarterly, with plans for expansion and a stronger
destination specific look.
A new Marketing/Public Relations person has been added to the Chamber team - Anita
Treiser. In her part time consulting capacity, her work with Gerri Raymond, VP of
Tourism, will allow for enhancement of visitor information services. This was evidenced
by the very successful May 2009 FAM and other contacts, knowledge and experience
that she willingly shares.
Statistical tracking of visitors served, visitor guides distributed, web site visit hits, media
coverage of Clearwater, individual and group bookings, media inquiries and due to a new
style of advertising - encouraging additional "eye time" with responses to
contests/sweepstakes - shows that the Chamber is not only meeting the objectives
outlined in the contract with the City but often exceeding those objectives.
Respectfully submitted,
Gerri Raymond
VP of Tourism
Bob Clifford
President/CEO
Item # 7
Attachment number 3
Page 2 of 2
Clearwater Regional Chamber of Commerce
Item # 7
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Review and provide direction on the October 1, 2009 Emergency Medical Services ALS First Responder Agreement between Pinellas
County and City of Clearwater.
SUMMARY:
The Pinellas County Emergency Medical Services Authority (EMS Authority) is a special district created for the purpose of
providing Emergency Medical Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter
54, Article III, Pinellas County Code, as amended.
Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide First
Responder Services and has also contracted with an Ambulance Contractor to provide emergency and non-emergency transport
services.
Through this contract, Clearwater Fire & Rescue will provide advanced life support services to the residents of the City of
Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control
District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District.
In 1997 the EMS Authority signed a 10-year agreement with the contract providers that expired on September 30, 2007.
The EMS Authority and the contract providers negotiated a new 5-year Agreement commencing October 1, 2007 and ending at
midnight September 30, 2012. In a letter dated July 25, 2008 Pinellas County terminated this agreement effective September 30, 2009
citing decreased tax revenue due to Amendment 1 and declining property values.
The EMS Authority proposed a new one year contract commencing October 1, 2009 and ending at midnight September 30, 2010.
The current 2009 contract funds six (6) rescue units and two (2) advanced life support (ALS) fire engines. The proposed 2010 contract
reimburses the City for the equivalent of five (5) rescue units and three (3) ALS engines and results in Rescue 50, located in
Countryside, being reimbursed as Engine 50 instead. Funding a unit as an ALS engine instead of a rescue unit results in the loss of
funding for 4 equivalent full-time (FTE) positions and some vehicle costs.
In an effort to control costs the County will reimburse cities for reasonable and customary costs as opposed to fixed compensation
amounts from past years and the County will assume responsibility for providing electrocardiogram (EKG) monitoring/defibrillation
equipment.
Compensation for the fiscal year commencing October 1, 2009 shall be $4,895,205.00, which is $535,565.00 lower than the
current fiscal-year payment of $5,430,770.00. Compensation is to be paid in arrears in equal monthly installments beginning on
November 1, 2009.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 8
Attachment number 1
Page 1 of 49
'E r
ALS FIRST ?,-)?N! I') , .'? e-=
OCTOBER 1, 200
P NELLA COUNTY
EMERGENCY MEDICAL SERVICES AUTHORITY
12490 Ult-nerton Road
Largo, EL 33774
Item # 8
Attachment number 1
Page 2 of 49
Ewer
ALS First RE-- I-:Orii
i
n -
-- --------- ----- ------------
7, 7, 1
m I - . I ? ur,
?
SECTION 101. Purpose ------------------------------- --------------------------- ----Y _---- -_------_-_-_----
SECTION 102. Cooperation ----------------v_---------_----------_--__-------_---------------------------- --
SECTION 103. Contract Documents ------------------------------------ --------------------------------- 2
SECTION 104. Scope of Services ------------------------------------------------------------------------- 3
_ ALE I.
SECTION 201. Words and Terms -------------------------------------------------------------------------3
SECTION 202. Terms Generally ------------------------------------------------ - -------------------------- 8
ARTICLE III
REPRESENTATIONS
SECTION 301. Representations of Authority ----------------------------------------------------------- 0
SECTION 302. Representations of Contractor ---------------------------------------------------------0
TIC". IV
DEITIES r,,' RESP c,J ,. 1, -: P CONTRACTOR
SECTION 401. Vehir, -''_ - i Equipment ----------------------------------------------------- -- _---------- 10
SECTION 402. Priority Dispatch Protocols ----_--_-T--------------------------------------- -------------1
SECTION 403. Response Time ---__-_----------------------------------------_------_-------- --_----_------1
SECTION 404 Continuing Medical Education-------------------------------------------- --------------1
SECTION 405, Medical Quality Control ----------------------------------------------------- --------------1
SECTION 4C11 Medical Audits---------------------------------------------------------------- --------------13
SECTION 40 Pei son nel -------- ---------------------------------------------------------- ---------------13
SECTION 408. Disaster Assistance and Mutual Aid------------------------------------- --------------14
SECTION 400. Automatic Aid/Closest Unit Response ----------------------- ---------- --- -----------15
SECTION 410. Medical Supplies and Inventory Control ------------------------------- -------------- 5
SECTION 411. ,anent Care Reporting Systern------------------------------- ---------- --------------10
SECTION 412. Requests for Emergency Medical Assistance ----------------------- --------------- 17
SECTION 413. Community Involvement ---_-------------------------------®_--------_----__- -------------- 1
SECTION 414. Licensure and Certification ------------------------------------------------ -------------- 17
SECTION 415. Shared Recognition -------------------------------------------------- ------- -------------- 17
Item # 8
Attachment number 1
Page 3 of 49
Emergeiic1 -_I Se-r
ALS First epoxy .ar Agrees-f
Pane 11
'-'F AUTHOR11TY
,viedical C..,tro --------------------------
Continuing Medical Education ------------------------
Medical Corrii,.-.nications Equipment ----------------
Medical SL I , -------------------------------------------
Extraordinary c,:1 i i ications -----------------------------
Billing------------------------- -------------------------------
Medical Equip °nent Mai nL??y-, n-,c £---------------------
Siohaard Collection -----------------------------
Patient Care Reporting Systeni Equipment ---_®s-r
.a %TICLE
--------------------- ..._.---.-.-.---- 17
-------------------------..._.----1 7
--------------------- ---------18
--------------------- - --------- 18
---------------------- ---------18
------------------------------- 18
---------------------- -------1
_-__----_------------------ --10
-------------------------------- 19
SECTION 001. I` inimiim Insurance Requirements --------------------------------------------------- 20
SECTION 002. Additic rnal Insurance Requirements --------------------------------------------------21
SECTION 803. Liability----------------------------------------------- ------------------------------__---------21
:RTICLF ??
C0'10,=' E.L,,.' ANTI li`u .)T E I _ L,L PROVIS1,31.
SECTION 701. Compensation ----------------------------------------------------- ------------------.._--- --22
SECTION 702. Wai er of Prior `ears Performance Comp :': , ---------------------------- -- 22
SECTION 703. Deduction for Failure to Provide First Responder Unit ------------------------ --22
SECTION 704. Deduction for Faulty Documentation Transport Protocol Compliance- -22
SECTION 705, Adjustment for Extraordinary Cost Increases ---------m------------------------- ---23
SECTION 706. Funds to e Used Solel For EMS First Response ___________________________ ___23
SECTION 707. Future/Additional Services ------------------------------------------------- ---.--.----- __-2
SECTIO 708. Addit onall Units ----------------------------------------------- ----a---------____ -___-_.-- -_-2
SECTION 700. Audits and Inspections ------------------------------------------ .__-_--_-__-m__---_---_ ---2
>.R- I L ill
SECTION 801. Term ---_---_-e__-_--.a ---------- ----------------------------LL --- ----__-----__-.m_-__-_------2
SECTION 802. Termination ----------------------------------------------------------------------------___u_--2
SECTION 803. Resolution of Disputes --------------------------------- - --------------------------------- 26
Item # 8
Attachment number 1
Page 4 of 49
Ejneu.genc `' iI ?
ALS Fiat 1 - tt
???? 111
1. L '.
-? P
E TIOA 901. Non-Discrimination in Er r: tent ------------------------ -------------------------- ?-26
E TI&\11 ``02, Notices -----------------------------_------------__----_-----_---_-- --___.-_______------___---_--2`
SECTION 908. Entire and Complete Agreement ----------------------------- ------------- _------ _------ 2
SECTION 904. Other Documents ------------------------------------------------- -------------- ---------------- 2
SECTION 905. Applicable Law ----------------- ------___--___.-__--_-_..___-____ -----_-----------_-----__---27
SECTION 906. Waiver ----------------------------------------- -------_----------_--- __-_m._-----______---_._-_____2
SECTION 907. e erability -------p_u------------------------------------------ - -------------------------- 28
SECTION 908, Contractor Is Independent Contractor ____________________ ___------------m_--_---28
SECTION 999. No Third-Party Beneficiaries, Assignment --------------- ---------------------------28
SECTION 919, I-leading -----__-_------------------------------------------------- ------------- ------------- 2
SECTION 911. Counterpails ------------------------------------------------------ --------------------------- 28
SECTION 912 No Waiver of Rights sander Special Act ------------------ --------------------------- 28
Item # 8
Attachment number 1
Page 5 of 49
Emergency Medical Service:
ALS Fiat Responder Agreemei i
Pe 'a 1
EMIrnIRGENCY MEDICAL SERVICES
ALS FIF-61" RESPONr)Fk AGREEMENT
AGREEMENT made this day of __, 2009„ between the CITY
F CLE,ARWATER, a Florida municipal corporation ("Contractor") and the PINELL.AS COUNTY
EMERGENCY MEDICAL SERVICES AUTHORITY, a special district ("Authcrit?,' a
RECITALS
1. The Authority is a special district created forthe purpose of providing Emergency rvle,6-al
Services throughout Pinellas County "County")„ pursuant to Chapter 80-585, Laws of
Florida and Chapter 84, Article III, Pinellas County Code, as amended ("The Acts").
2. The Authority has determined that a single-tier all Advanced Life Support ("ALS") EMS
system with a first responder component and a transport component is in the hest interest
of public safety, health and welfare.
8. The Authority has contracted with various municipalities and independent special fire
districts in the County to provide First Responder Services (as defined herein) and has
also contracted with an Ambulance Contractor to provide ALS emergency and non-
emergency transport services.
. The Authorit ri i e to continue to provide for the longterm direction and fins 1ual
sta. DD tv of the,-1i TJ -e Emergency C,ledical Services s), ton hrough wording with the First
Responder agencies to control costs.
8, Authority is authorized to enter into agreements for Emergency Medical Services and the
Contractor is willing and able to provide First Responder Cervices as defined herein).
Item # 8
Attachment number 1
Page 6 of 49
PacV, ,'. THEI , EFQRE, in con, r erafion o e t-rutual co ,<-iants, terms I !in set
h to l , ,, ar jd pet fair an ! ? w,8,n the i- hereto, it ic
SEC7. Mu -- 2, The pt ....o; ng i_I, p ,-, , r nt is to define the c I,°1r,,-=' L.. ns and
responsroilittes of the Parties hereto with respect to the provision of AL.S First 'responder
Services in the County.
SECTION 102. The Parties shell cocpe c-v e. 'and use all reasonable
efforts, pursuant to the terrors of this Agreement, to facilitate the terms of this Agfeen-',t---tit,
Accordingly, the Parties further agree in good faith to mutually undertake resolution of disputes,
if any, in an equitable and tinnely manner so as to limit the need for costly, time-consuming,
adversarial proceedings to resolve such disputes.
SECTION 103. CONTRACT ?r'FtFr, The following appendices are ti ached to and
made pay: o this Agreement'.
:._ i . ALS First Responder Units
®- Annual Compensation For Fiscal Year 2009-2010
p- rr+clia.. „ AL First Responders Contractors
w . Resolution Establishing EMS Districts
A uer.Ji E. On-Scene Equipment Exchange Items
Ir,e six E, EMS Equipment
G. Resolution Establishing Respoi J TiM - -bards
This Agreement, together with the foi_`icing Appendices, constitutes the entire Emergency
Medical Services AL.S First Responder Agreement I;et . yrl the Parties with respect to the
provision of ALS First Responder Services, and shall supersede any prior agreement, contract or
rnernorandurn of understanding between the Parties regarding such services. The Parties -agree
that the terms and conditions of this Agreement, including the Appendices, shill ac,v,ern
exclusively the obligations of the Parties.
Item # 8
Attachment number 1
Page 7 of 49
fI'v'ices
A.LS F,rvent
Page 3
- The services to ?red by the Conti -,
L, k. 4! 7 ask aem Uie foil ?a a ,
(a The res. l_ First Responder Unit to the scene of an FMS incident.
The on-s,:_,es:!- .. re bpi Field Personnel.
c? The continuation of Patie when Coat`,---. r-irarne ti companies the PEI, i -,i it
during transport by the Am' lance Provider -r medical The of
Patients to a medical facility, in extraordinary circumstances, in accordance with Florida
Statute 401.33 and the then current ledic?F l `v era tions Manual, Trap 'l r i ? Protocols.
Such services shall be provided in nce with the terms and cl;Drditions of this Agreement.
The specific ternnis and conditions of dais Agreement shall goveri n-i prevail over this Section
104.
_,.4TtL tl
EMS Irr cident and, if necessary, on-scene Pa ien,': care by EMTs and Paramedics, all i
accord rice with V,- protocols o the Authority..
rneans an location designated b ? the Comractor and
approved b,' 'lie I' .u&hurity at which an ALS First l-- esijonder Unii, ..,ith the minimum
staffing rep .Fired herein, are located.
._ ' i ~reans any of the ALS permitted vehicles provided by Contractor
under tiiis r, Fev; .rt and listedon Appendix A, each of which is equipped to provide
Advanced Life Support services and is used for rapid response to an EMS Incident . ALS
First Responder Units may include, but not be limited toy LS engines, transport capable
rescue units and non-transport capable rescue units.
"Advanced poptP" rn medical ugh
Life e?ns treatment o life-threatening en'?ergenci s through
the use of techniques SUL- h as endotracheal intubation, the adnnini,_?}? utlurl :,f drugs or
intravenous fluids. cardiac monitoring, and cardiac defibrillation by a qualified person,
pursuant to rules of the Department. Item # 8
Attachment number 1
Page 8 of 49
ALA
Pace 4
cans a vehicle consti equipped ar ? permitted as an ALS Arnbulance,
j. _u-)t to the rubs of the Depa i ° ent for the tr ration of Patients,
1 11 dd m a ?.. g: means th- lit,,, selected by the Authority to provide ambulance
?rvice ) .,y , de.
"Ann(ual r- tion" means the fixed professional services fee listed on Appendix B, as
ma,,,, n_Ee djusted parrs _ nt to the terms of this q -.Ai e nt.
" ut ov"t'v" n-ieans the Pi -I County Emergency Medic- Services Au I r? i , ,? special district
eC-blishe , ' . '- ?pter 89-585, Laws of Florida, as amended.
, L leans an ALS First Responder Unit authorized and funded by i i i
A-thority p-, ,::uar- to the terms of this Agreement.
_ddK' ; Unit Re ponE - rent" rrelns the Agr ?,ement b and between
ev,- -y politic C subdivision and fire ccnirol districts `' itlhln Pir»Il-1,n County dated October
6, 1990.
did " means Basic Life Support.
"BLS First Responder Unit" means a vehicle equipped to prov dc Basic Life Support only.
"Basic Life Support" means treatment of medical emergencies by a qualified person through
the use of techniques described in the Emergency Medical Technician Basic Training
Course Curriculum of the United States Department of Transportation.
"CADS" means the computer aided &,-,pa,tch system.
"Caller"" means a person accessing, the response system by telephone.
"Continuing Medical Education" or " " means ?1) the minimum required continuing
medical education required for Emergency Medical Technicians and Par m-e.tics to
maintain certified status within the MS Systern. the State of Florida, arse „I e
applicable, the National Registry c i Emergency Medical Technicians, and (2) education
for individuals who have a sp&-ifk-- deficiency that must be corrected to maintain or
restore their status within the EMS System.
"Conti a c` `t'ear" means, during the terra of this ac,[?-tgent, the period commencing on
October 1, 009 and r ncfir (lj at midnight, September 89, 2010,
" onti,; ctor" r leans any one of the entities described on Appendix C.
" ?,-,) ,tr,,dutor Funded Unit" Means an AL First Responder Emit, ?pj-,ijved by the Execs tive
Director, which is funded and operated b the Contractor for their operational lle.610_1'1ity`1
Item # 8
Attachment number 1
Page 9 of 49
ALA Agreen a a
Pa
b t, the additional Unit is not nece -,r : )r the Contractor to meet its C. li c «s under
.h,- L isms of this Agreement,
any 'inellas Lour _ Florida, -subdivision of the State of Fl i J,-
li e ir_ :,Ani, rued to work: in the E9v System in accor6 3rlce with
regr41w-_n 1t;-?`ris estalLAOO it-d by the Medical Control Board, the Medical Director and
apps I- ed by the Authority.
"Depart- - ---- ";. means the State of Florida.. Department of
"Disaster'- means an occurrence of a severity and magnitude that normally results in death,
injuries andJor property damage ' i:l eat can not be managed through routine procedures
and resources of the E system.
"Emergen :y -, .- -lic l c. -n" or means ?-airy person who is trained in Basic Life
Suppo Avho is Cour I+ Certified and rho is ce toed by the Department to perform such
services in emergency situations.
"EII-n,--;,ge nc Medical Services" of F. rA ? means the services provided by the Contractor
pursuant to Section 104,
"EMS Advisory Council" rneans the advisory board established by Chapter 85-585. Laves o
Florida as codified in Chapter 54, Pinellas County Code.
"EMS Districts" means the districts designated by Authority pursuant to the Special Act and
shown on Appendi., D attached hereto and matte a part hereof.
L l'! '_ Hi ergency" r lean- any occurrence or threat thereof in the County, any municipalities
therein or in any ,,ui ounding county or counties which may result in unusual system
ova .ls a and is d4i s'ed such by the Ear t_ r'ii : Director or authority,
E :_3 t" means.h e equipment listed on,", l. p ?!ndix F, as n :w amended frog
to time by the Executive Director,
Incident" means an emergency or non-emergency request proc1s4-ed through the 9-1 v1
(`enter th?t needs or is likely to need medical services.
means, for the purposes of measuring response compliance in
&,e CtIOFr 88, the act of responding to request for services in which the Priority Dispatch
Protocols have determined that red l gets and sirens will be used.
ill" means the ad valorem real prr,l: e t, tax imposed by the u':h pursuant to the
"Special Act Laws of Florida, as amended.
Item # 8
Attachment number 1
Page 10 of 49
hapter 4_ Article I I I oft-iir j_ I!Ias Cr,? i Code as maybe
"El ioeans LI ?e network of organizations any: i,-)dividuaIs, Including, but not limited 'Lu
the Authority, Ambulance- Contractor, the Contractors, the EMS Advisory Council, the
Medical Control Boar ? 11,16' ie 11 cli,-, l Director, established to provide Emergency
Medical in Pinellas County.
or his or her desi ,I,
?J means the direct j ; 'L EMS
"F,,.. a rneans the Contractoi':? Unit. , i'T in Contractor's primary response area,
-.fined to be the ne&,r(-st to th E1':1 ` Incident, in accordance with Section 40 hereof,
means Pam n?-Hiw:y and E[o l-s employed by Contractor.
'esl rs means ALS Firsi Responder Services.
" i gal 'dear" teans the ear commencing on October I of any given year and ending on
September 30 of the immediately-succeeding year.
"Force Pha,ip .ire" means any act, event, or condition, other than a labor sip il,e, work s, Dppage c r..
slowdown that has had or may reasonably be expected to have a dikect material adverse
effect on the rights or obligations of either Party under this Agreement, and such act,
event, or condition is beyond the reasonable control to the Tarty relying thereon as
justification for not performing an obligation or complying w th any condition required of
such Warty under this Agreement. and is not the result of Willful or negligent action or a
cl<: of reasonable diligence of the Marty relying thereon. Such acts or events may
include, but shall not be limited to- an act of God (except normal weather conditions for
the gec)gm, hIc area of the County} epidemic, landslide, or similar occurrence, an act of
the public enemN, ;1-, blockade, insurrection.. riot, general arrest or restraint of
government and people, civil disturbance or similar occurrence,
leans J- co ; i,ic;urr d by Contractor in providing n i 7,-sponder Services
and wl ' :i cost we Lilcl not be incurred if First Responder Services \,P-re terminated or had
never been initiated.
'T! -Ji.cal Audit" means a service inquiry, quality assurance review of r1ne- ical review hearing by
the Medical Director and/or Medical Control Board into procedure- -ind practices o Field
Personnel.
al o,,iti _.1 " neans the medical supervision of the EMS System provided by the Medical
Director.
Item # 8
Attachment number 1
Page 11 of 49
means the board 4 y(,i:i ed by authority pursuant to the EM
rr , ,rng the duties. and respu;1isibilites set forth 'In the EMC Ordinance..
eans SUper` 1 i y Medical Control through tv communication oi-
roe. -l J standing c l _l nr_--„ pursuant to rules of the Def.. r'I I ol- '.
r- u
= r- licenseu physician, or a - r . - °-ation, associate i , or partnership
i
r o it F of ph; -1 which employs a licensed pl..;y ici n fir the purpose of prc _H1 a :
Medi---' rolltrol to ;1,= r.M System.
69" 1 r pans the clinical guidelines, pre, . for the EMS System and
appr _ - - i- Me,.' _.al Control Board, as the serve may be-?Inened from time to time.
"9-1-1 rr,i,--1,-" means the Public Safety Answering Point operated and maintained by the
inventory.
means a person who is Liained in Basic and Advanced Life Support, who is
County Certified, and who is cei-'L fGd by the Department to perform Basic and Advanced
Life Sul-,f_-&-L procedures pursuant to the provisions of state sty i r,1cj LElr! ons and the
f edit& Operations manual..
"Party" or "Parties" means either the Authority or the Contractor, or both, as the context o the
usage o such !.ei n may require.
"Patient" means an who is ill sick injured.^:' IJ.ri cd or otir ir,,,vi?r incapa:ci'r: ['.? _?.nJ
is in reed of or is at risk of needing r l 11 I care,
" rio&1-1, i. 's i:,,_--tch; Protocols" means the pa,,Y;ocols adopted b,, the , ,uthority, and as may be
amended from time to time, governing the EMS System's response to the different types
of service requests.
"SI _,,onse" means the act of responding to a request for services, which act begins when
Contractor's Units are dispatched to an EMS Incident.
66- se Time" means the period of time commencing when Contractor's Units are nct,tied of
an Efv,S Incident and ending when Contractor's first Unit arrives on the scene of the incident.
Item # 8
Attachment number 1
Page 12 of 49
Fril
le rules and regulations adopted by the Authorr'r°,+, v I ill i + is
. .? ?a-?®? ,gent.
r pi e 9T1 -i's comp _ rded dispatch s i,.. aIL i_ ase tl a3?, lased
u-__n the lic_Aion ,-l i I I,i_ i ` t i?-?id nI ,nd a predetermined ? i,-'Ling c,? ,,;l I I(.ll `ihe
Contracto s , . d-tern+ irieu to be the closest by travel time or most appropriate it ranked
order, recorni i ends the closest or most appropriate Unit(s) to respond to EMS Incidents„
or successor meth ,----'s -:vlch as global positioning satellite (Gli automatic vehicle
local n (AVL) systems.
i " n.? iapter 8g v, L aws of Florida, ,de ,
s ip .-v nts" r, Beans non-emer,,) ncy events, such as spot arng events parades, festivals
and other group or mass ga{ l which may require BLS or ALS medical coverage.
"State" rneans the State of Florida,
`State of Emergency" means a Disaster which has been declared by proclamation of the State;
County or a mun. , pality in the County.
"Total Unit Hour CL,.- ; ar.sation" means Unit Hour Compensation multiplied b the number of
funded Contractor's units provided b\, This Agreement.
"Transport" means the transportation of Ra'Lrents to any destination by Ambulance.
"Uncontrollable Circumstance" means a Force Ma eure, an El~'4!lS Emergency or a State of
Emergency.
"Unforeseen C . ances" means circumstances I ich i<ould not reasonably be foreseen
by the r1arties at the time of execution of this Agreement.
"Unit or Ur', leans AILS First Responder Unit,,
" nit Corn ill-nsation" means tare Annual Compensation in a Fiscal Yep d I ,?rdL?d by the number
of funded Contractor's grits provided by this Agreement.
"Unit Hour ?'(Sation" means the Unit Compensation divided by Eight Thousand, Seven
Hundred and Sixty (8,766) Flours,
SECTION 282, AEI:Ir+[ EI,t RA, I Whenever the context may require, any pronoun
shall inrlude corresponcing masculir,;_, feminine and rrL r r orms. The words "include",
"inclu lrs" and "inclu iry" shall I°-- deemed to be followed by the phrase "without limitation",
except as the context may other:Vise require, The words "agree", "agreement", "approval" and
Item # 8
Attachment number 1
Page 13 of 49
N I-1 ?I I el-Oc-c D
"consent" shall b I-;- 'I led to be followed bJr the phras ioh shall not be unrz,",s(,I ?,,i )ly
withheld or unduly delayed" except as the context n-iay oth6i U?Ise require,
° TI P uthorrity represents to Contractor
tl t each of he follows - _' 'E --rents is , --sE r ° 'Li, s a. I err: -'i;
istir , Authority has all requisite power and au'i.I,,crity to carry on its bushes
now conducted and to pen' . l , 1. its obligations under this Agreement and each document
conte ?ipl?ated hereunder it is or will be a party,
(b) ,r)u . uth rt a'dod-?. This Agreement has been duly authorized by all necessary
action on the part of, and has been or will be duly executed and delivered by Authority and
neither the execution and r_ielivery ihereof, nor compliance with the terrors and provisions thereof
or hereof contravenes any existing law, judgment, government rule, regulation or order
applicable to or binding or, Authority.
(c nforce b E ? V . This Agreement constitutes a legal, valid and binding obligation of
Authority enforceable against Authority in accordance with the terms thereof, except as such
enforceability may be affected or limited i applicable bG nkruptc,,;f, Insolvency or similar laws,
rroni time to time in effect, which affect _act,o usual equitable
principlr „ in the &,,en'k that equitable rem, di`:s ire involved.
l ae z, ice; ..: a wlit Auth -?rity is fully capable, financially and oth-rv,. ise, to
perform its obligations hereunder, subject to availability of funds lawfully appropriateu for the
pur - r,-?es provided in il-e[S Agreement.
(e) No Lti .°& iw There are no pending, or to the knowledge _.? TI r i, ?Ireatened
actions or proceedings before .ray court or administrative agency to which Authority is a party,
questioning the validity of this A-i reement or any document or action conternplated hereunder, or
which are likely in any case or in the aggregate to materially adversely affect the consummation
of the trar-,acticrs contemplate hereunder.
Ttf 8 t .t I%E L.?<IT.-YTI Contractor represents to
SEC. J-
Authority that each of the fallowing statements is pretentiy rare and correct:
Item # 8
Attachment number 1
Page 14 of 49
- - 1 :iii
-JI Contractor is a Florida municipal corporation or indepe 1Q, i L ecial
distric. laving alp site -,n authority in Florida to carry on its business as now
col l .i' li - _', to own c, bold or oti i?rrwise control its pr , Derties, and to enter into and perform its
oblig&Llons under this Agreement and under eaci . ii Iwtir ,went described herein to which it is or
will be party.
(b Due 1 Rion.. This Agreement has been duly authorized by all n : tir
action on the pai° of; ar,l-i has been duly executed and delivered by Contractor and ne6Ll nor the
execs . cin and delivery thereof, nor compliance with the terms an provisions thereof or hereof
con r r _-? :acs any existing law, judgment, government rule, i or order app c,_:i!e to or
binding on the Contrac'-pr
ci 'lid This Agreement constitutes a legal, valid and binding obligation of
Contractor enfo, ceable ganst Contractor in accordance with the terms thereof, except as such
enforceability may be limited by applicable bankruptcy, insolvency or similar laves, from time to
time in effect, which affect creditors rights generally and subject to usual equitable principles in
the event that equitable remedies are involved.
(d) No Lit! acig?r. There are no pending, or to the knovdedge of Contractor,
threatened aciicns or proceedings before any court or administrative agency to which Contras r
is a party, questioning the validity of this Agreement of any document or action contemplated
hereunder, or which are likely, in any case or in the s eZw;?t to materjl .lly =d/ersely affect the
consummation of the transactions contemplated hereunder.
e Fii - I c, i t Ca, & b it . Contractor is fully capable, financially and otherwise, to
perform its obligatioris hereun41-1 subject to availability of funds lawfully apprcl_Ji iL?':?d i-or the
purposes provided in this agreement.
_. TICL IV
Tl :- . ltii l i"l CONTRACTOR
SECTION 401. AND Uk---IM T.
"'; lrt9r?; 'LIJE cli Ov rd+c?°'r' e rcle . At all times during the term of this A Ii a:rent,.
Contractor l-k< li provide the number of funded Al_ First Responder Units desctibed on
Appendix A. Contractor reserves the right to select and acquire vehicles and apparatus used in
the performance of this Agreement. Item # 8
Attachment number 1
Page 15 of 49
Enri
AL -S i_
?'?5.._? m I -.'l 11 ,u.E I I61?4t
Cor ?,)r shall be responsible for the
maintenance and repair om .i n st i mi-rG+ i, fling maintenance, equipment, supplies, repairs,
spare parts, rEj, It a Jil rant veh.- - ,c ! 'i ,? 1. Contrac i r shall maintain records of maintenance
and fuel in order document tl° Y;t `a -rlractor's Ur i ?- L_° e maintained and used in accordance
with this Agreer
c ei I-ach Unit shall be staffed in coil I - ir,e with Chapter 4t 1,
Flc;°ida Statutes, with a m nim> ,-[ of one (1) Paramedic. Contractor shat' maintain records of
in order to document that Contractor's Units are staffed in accordance with this
Agreement.
(d With the exception of equipment maintained by the
authority in F07, Contractor shall furnish and maintain all EMS Equipment, as ti-cltmired
by the authority and approved by the Medical Director. Contractor shall ensure that ally new
equipment utilized by Contractor in the provision of services under this Agreement is compatible
with that of all other providers and shall support the uthcrit-,,,'s efforts toward equipment
standardization. Contractor shall also be responsible for the corm" of replacing outdated medical
supplies as pro, ided in Section 504, which are lost through inadectuate stock rotation-, as well as
the ii oi n-?di al supplies which are lost stolen, damaged, or unaccounted for due to
Contractor's negligence. Contractor shall be subject to the Authority's On-Scene Equipment
Exchange Pr- !-am,
(e L? _F_ mll? i.':. Contractor shall be responsible for the
replacement cl,- all medical comrnunicatior;r, equipment that is lost, stolen or darnaged due to
untractor s .' i genoe Contractor sha so be responsibl for all routine maintenance of such
equipment.
(f r W . Contractor shall allow red; _? ; nt-rtmves of the Authority and of the
Medical l mrec.i_ ° it,;pect units, equipment and ALS First Responder Stations as may be
reasonably required to determine cornpl;-inco ?,,,lth this Agreement.
g Patient Care erti }rat ?; aE €l(r Cc?. Contractor shall brv,c,ml llfor
the replacement of all field equipmen'_ f-,r the °_? i Jm7t C.:,re Reporting System 1i ,e, nr?tebc-, _,k
coml. miters, personal mcil'i,-1 eels 1-}, modems, etc.) that is lost, stolen or am°na ed clue to
Corm actor's nr° q cic lce, Contr acter is responsible for providing and maintaining equivalent
hardware for Contractor Funded Units Contractor shall also be responsible for all routine
Item # 8
Attachment number 1
Page 16 of 49
maintenance of such equipment.
1
R `-!=7
4 H _ u a1 Contractor shall res;-n: to EIV
-3rdanc ??il I the then c II?r?lW PI'c'y I, 1='?otocols. ;:or :FI:=;II
C -I _ ii ; the Author it- In implementing periodic enh- I -in I d iniprov, r?- -???
Prion L. i ,- tocols.
a.°n n - L C r ctor agrees to comp.a lm. H re resporl,71, r 'e
standards L„.- set by u . ,uta-Iority'Ear -solution 09- 37, attached as Appendix Co
ECTI ? . 'F . I1, CAE r i, ,u r _?P Contractor shall make available its
personnel )r Continuing i''1 is=G l uC a ';1 as rewired lly state regulation and the Medical
Control Board. Satisfactory participation by Contractor's personnel in Continuing I'vIedical
Educalon provided and made &va ial--sle by the Authority shall constitute fulfillment of this
obligp,iion. Contractor shall be responsible for ensuring that its personnel attend Continuing
Medic^P Education training, either in classroom based training or distance learning methods as
det`rrnin d by the Medical Director, in accordance tl-re Rules and Regulations. Contractor
may ,v, epare and submit to the Executive Director r,uport evaluating performance of the CME
program. Contractor shall use any prepared forms that the Authority requests it to use for this
evaluation.
EC°TIC . MEDICAL QUALITY CC, >[
a I+F? 'i a,l Director. The Medical Director of the EM System shall also _ _r ,k= as
medical i J r Contractor's First Resporl ;,_ r Servlces C , nl i F .tor may not use o, ?-mploy
another MerJcal Director for the provision of E.nergency Medical Services within Contractor's
EMS District.
Rules aid Rey, 4 +tirl?. E i r - .ocols. Contractor shall fully comply with the Rules
and Regulations, Including the protocols established in the Medical Operations Marrral.
c k,, td lore Contractor shall allow the Medical Director and the Exec_ u:i e L[ &.-!!--r
ca ?I re.presenlative to ride in Contractor's Units daring responses to medical emeigerlicies.
However, such representatives shall conduct ',-Icy; Jives In a professional and courteous
manner, shall not interfere with Contractor's er?l 'A J in the performance of their duties,,
Item # 8
Attachment number 1
Page 17 of 49
NA dlc ?' I _A S
ALS ?i t - -bpo99d-r It
F
except as ne e -;s io , --col compliance are (T.,-,J ?7 ati nt care, and L,;I H ?i, EII i? I
be respectful of C::,16,1, r' ernrl-x ,?_3 - -nployer relat oG??hip Medical Directoi, F, .:4ive
Director, or their r = II provide prc co employment, proof of rs'
compensation t i, z . ce an c c r r I i11% _. _ waiver forms v. l ? i - h may be recto tired by
the Contractor in cn,i "s Units,
(d tt ~ arfJ . Contractor shall cor Ipl, tines with the Authority's
protocol for on-s?,,,,ie control of Patio-nt care. If Contractor's Pau &i-nedic is requested or decides
to rude to the hospital with tf,;= Ar °-, ::ce Contractor's Paramedic, Contractor's Paramedic shall
comply and Contracts r .I I 1-)11-y :m ?> I )onsible for the return of the Paran,, -M7
e eoia0 y?°nt In the event Contractor provides either BLS or ALS medical
cc' . ea . et a Special went in their FMS District, Contractor shall be under the auspices of the.
AuthoI-ity, the Medical Control Board and the Medical Director. In providing medical coverage at
a Special Event, Ccrtractor shall comply with the Rules and Regulations and ?:Vitll, the protocols
established in the I'`vIedical Operations Manual. ALS First Response units funded under this
Agreement will not L,e used for dedicated special events coverage without the written approval of
the xecu'tiwe Director, Gong-actor and Authority will notify each other of large scale Special
Events, which may require d<<'Jonal resources or adversely affect the EMS to ensure
coordinated ev-nt coverage.
f c r,-,rtr-,r shall f rJie tc d '-; si in the QLality
Assurance an Quality Management Progi am establishem: by the Medic a Urector.
L r I , i. 406. MEL!-,- a -U IT .. l`. a licaal ALL'--,I ray Include access to 1 i acords
re, jew, written and verbal atc.,n-? rts, and .-,nd informal and f01-1T1'-,l
h== i. in accordance with tl- e then currui t i-? I mI _'. „ .,. and FloridE.
4011.425. Contractor shall provide full cooperation and u b ua C tk,at it Field personnel a'i'ry , l
Medical Audits when regue? t-cl"
H :iE N 0T FL f lElsL:
a Training aE,4 '? ci_I[s iW :, E . All Field Personnel employed by the ontra:.a'cr it
tl`r, performance of work under this A reerrre t rf rll 'JILL
U- .? t- l and cl-,jallfied at a level consistent
-j e standard er.af list, d by the Auvtharit f for d .?- nn j Rrlt eu'it care and shall hold
appropriate credentials iii their respective EMS profession.
Item # 8
Attachment number 1
Page 18 of 49
EIT, -r1 wl°,
At.S FiI
f'u "14
(fir) _ %ard Cori pe., ? 11 11 A shall condU t 1i . - selves it a
professional and courteous r7lartrtt Il tunes. The Conn actor shall adr1r correct
departures from this s'r ndard of cc. i t. Contractor's Field personnel shall I° id(L
as Eh T or Par-:--,11- Ail le ci, iie of an EIS/IC Incident.
Contractor rlI notur reasonably rc - r i employees
from seet,,i - ,,; -' T Iv ?? LL employme , ; ??. 3 Ambulance Contractor and
}ffice of the N -._.--' [';--cfor.
() Contr' -r, or shall (I ir g,e a Coy rIty Cep l i ,- i Paramedic a
the EMS Coo. I VvY-1 respor . ' SIT for pelt---ii j or r 1. :_-ivislnci ? t a minimum, for:
(1) Reviewing patient care records in accordance with procedures established by the
Medical irer c>r.
( Respcndia-l to EMS Incidents and overseeing Patient care in accordance with
procedures establish' c,` I'v the MeCr-:.I Director,
(3) Monitoring Contractors' Elm personnel to ensure compliance with CME
requirements.
{4) Monitoring Contractors' Ell personnel to ensure clinical competence and good
customer service.
() Attending and actively participating in Elvis related meetings and quality
improvement committees,
If, at the effective date of this Agreement, Co rlr?--,ctor has employed or designated as a EMS
Coordinator a iron-Count; Certified part medic ther° that employee will be allowed to continue as
the EMS Coordinator r,n 'l ti - positicr i:,--c(_>mes -r a: r.at which time the successor must be a
County Certified paramedic..
E "t`" 11 408. ASSISTA1,11L li%M` rtGENCY AN Nii.°TUAL AID
(G+'j lEa `LC 6 'Cz +tce _ithL l'E 0as ..° ')r. 11 1f1i ijl 6tEI'" u,_,oni notification by
the Authority of a Mate of Ewe -r,,apncy within Pinellas C,,unty, Cants actor shall commit such
resources as are necessary and .F F ropriate, given the nature cl tl,? rt caster, and shall assist in
accordance with applicable plans -:md protocols. Curing such per Dds; the Contractor shall be
released f the requirements cif "'ection 403. Vl -rig lisaster assistance has been terminated,.
the ConfiE ,-?tii4rr shall notify the authoriznl representative t}--a -t Cont,,actor is able to
reSUme normal operations consL_. -ing exhaustion of personnel never i; r re,:,u .lttegi S other
Attachment number 1
Page 19 of 49
mmP .1
rc ?? consider i .(b?, . , ° The Contractor shall manage
any disast t- I. -; -1 in manner which does not
leopardiEe the Contra-tor , rbility to ren 'ei -; i_-` le under this Agreement,
I _ liner er F Upon notification by the Authority of an °`./1
Cn ; v j? rp: t r c l it s F. in the lG ality where the CMS Emergency has occr l 1-6
During such periods, the Contractor shall be released from the requirements of Section-a 41.1.3, until
notified by Ail,lority's authorized rep,;-,-se; ative that Emergency assistance may be
terminated, the CMS Emerge -I ,r een tern'tinated, the Contractor shall resume
normal operation, as rapidly as is practical considering exhaustion of personnel, need for
restocking, anu' ll . relevant considerations. Curing the course of `.n EMS Emergency,
Contractor shall use best efforts to continue to provide local AILS eme-igeiicy coverage.
Normal (non disaster or CMS Emergency related) mutual aid
responses outside of Pinellas County, rendered b the Contractor, shall be performed in
accordance v,11.1) 'the terms and conditions of this Agreement.
S I e ABUT Ti nDI LOSES = I ! 1 yUpon notification by the
9-1-1 C_' E. of an CMS Incident , Contractor she` ; i_, c 'ue AL First responder Services in
accordance with the Automatic Aid/Closest Unit Response Agreement. The ALS First Responder
Unit which is predetermined to be the closest to the &I iergency -cene, by the r :9jI I"_ai U' , = i all be
dispatched without regard to EMS District or juril-,di 16cinal l_ , ! 1 ries. In e e,,,,ei,t than ike
Automatic Aid/ losest Unit Response Agreemen7' i Lean nated. oral-actor sh&J, pl,ovide ALS First
RP ponder Services in accordani.l 1, ii curren 1 _ ds for all EMS I n..i tents. The
Contractor's authorized representati: - will pei.cu'ic-lly, or ar 6 e request of th,_ :'. 11? ority, update
their Runcards to insure their accuracy and coora-li r-ill. any changes with any affected
Contractors)..
SECT, 1? 4ti ? DI CAL SUPPLIES AND INVENTORY 1 Tk'.GL. Contractor slr.`.tll
establish and implement inventory control procedui -s for the stocking and use of medical
supplies. Contractor shall report, as of September it wring each year this Agreement is in
effect, the balance of all medical supplies held by the Contractor iP in,.ientory. Such report will
list the item's identification number, the item's de," i I, r n _{ t :{I held. to tr or will
Attachment number 1
Page 20 of 49
ALA: t
F - 13
report the quantity of medical waged, or urtaccourrted for, due t
Cor-t' :, ,lip e, am ?i-ieclrual s°pplies unusable due In inader±wate stock rotation.
,pl_I?r stock b
Ccnt? =S ;-a ratn iiai -J .1?-i 11*1y days cil II L? -?1 _;i
upon ,rs :cri l use Contra('- - shall mail tarn rra c recorcj:'. hat ideiJify all Unit I, I
issued from stock, and will stock under loch so access is limited to only author12-ed
personnel. Contractor shall there to inventor, c l roc. is i - ghat the )%u.hority may
require, as long as they are reasonable and pruderfL. Contractor sI-iall follow a''l [F-u'eral, state
and local lags and ;protocols in the distribution and handling of csoG,lr_dklc,
Contractor shall list of personnel authorized to receive cori'Li o l od si,l ?t;--nces °i - n the
warehouse and ?, v, change to such list..
C' ?'l '11PA. r .. ` T9 Contractor shall assist the
Authorit; n designing an- imples, : 'j a fully-integrL,teci, electronic patient care tepef-ting
system. This system shall meet the information needs of the Contractor, the Medical Director,
the Medical Control Board and the Authority. Contractor shall gather and enter da a Into the
Authority's electronic patient care reporting s/-sfer i for every Patient encountered and every EMS
lncide nt responded to by the Contractor's Field Personnel. Design, procurement,
imple irentation tirneline and operating costs of this i, 'i crmation systems shall :)e the responsibility
of the Authority. The Executive Director shall dete n Bite the start date :u, nd I -npler nentation
timeline to ensure seamless implementation in the EMS ya ern.
The database of the Authority's electronic patio r c r 3 i eporting system( shall be fully
comprehensive, including complete and integrate) 9rflui,ri,ation on all FMC System activities
b,w,cainning with the receipt of an EMS Incident, dispatch acti?.i:ic.-, and respcr --;e time-
Fr?;_ ? rat assessment and all treatment render :"l lle Cor L C':Ior .
the Patient. Contractor shall require Field Personnel to comply witi-r the corr,ipletion u_i paper
reports and the data entry requirements of the FMS System and insure the --,curacy and
completeness of such reports, as approved and periodically revised the Auth. l i- r. Authoi t,
agrees that the procedures used to iii ?,lemeat and operate the electronic patient care reporting
systern shall not be unduly burdensci-ie.
Contractor shall have unlimited access, regardless of storage location or medium, to
electronic , c f%-care reports generated by the Contractor's personnel and alr i-p.-itch-related
data. Item # 8
Attachment number 1
Page 21 of 49
;°,LS R
F Lqe
fl Should
Col 1.1;- ecerve any request for artidi t. ?ll1?, Contractor
sh&'l r-:p the address and telephone r i J, .4 the calk: tlik,? I ; I r,;-11 _ of
the en;e gency, shall irnrnediatply respond tY '-ne request for ice..,ce, if
appropriate. and w - li advise the 9-1-1 Center of the information received, and the
response initiated by Contractor, if any.
411 COVr.,. NI p ` L . cs, [ - - i , -.;uL aged to rna e available
their loc I cor'!-nunity, h th promc',i ns and preventior, e :cation (i.e., CPS ;public
access JE4Ir l- 11 ti7'11 programs, dro..T111, I_ evention, heap!, -r &,-3sessr, ;, TI ? programs
may be developed by the individual conti-actor or in coordination with the Me??cal director or the
Authority.
SECTION 414. LI NS' _ ®" ?iFL- . -ontractor shall maintain licensure
with the department as an Al_ non-t-:isport pi,ovIoi{ k. Contractor or Contractor's employees,
as the case ma,',; !Da, shall be responsible for payment of any fees associated with EMS and
paramedic cealfication and recertification using funds provided under this Agreement,
4 _ _,[, r [,! . Contractor and the Authority shall promote,
protect and enhance the reputau n of the Authoritp,? the Contractor, the Authority's service trade
narne and the Pinellas County EMS ystern °1hi oog- ic!l-L ':;ie':Lrm of the Agreement. Any nears
releases, statements, or public informati cji'oen 1 'y ?;-,e r: Ji i-i amti rys or Authority's personnel to
the public or the media shall be consistent with the design and operation of the EMS System.
ARTICLE V
SECTION DIJ: ITN'
501, G:'-. [I - i 3t? F . 0 -E_i _ Pie /A.uthority shall be responsible
for providing, or causing to be provided, Medical Direction and lvi dical Control to the Contractor.
D I C E ;; rF
T1. Authority shall provide and make
a-ilab c 'Li ontracto - ? c rtl:.il ;ng p_1eldlical E_I.ric ..1_ ?. training program at multiple, regionally-
located training sites and not {t a single, centrali e6 6aining site. AL!th()rit=,1 shall endeavor to utilize
distance learning metho Flo' : _ io:r and technology to deliver U11' 1.1 i, ni J henevlferio#8ible.
Attachment number 1
Page 22 of 49
Emergency AL S F6rst Respi-,
"?',uHhLJty has or
sn V1 provide bie, one (i loll lei.. , u ire (1) Ui i''?L)bile Radio ar
11't 00 MH lac '[= ble Radio for J ch funded I Droved on ' ?ilx A. Th i ii;
equipment shall be installed in ALC First Responder Uri liar the Contras, ,r-ir and become ..Fir
gropert!, contractor shall be r+_ r ich eguii _ l for in Section 401 (e)
hereof, icrity shall be rtw rl'e I; J _ r- such u,te end of a reasonable
useful life, as determined by the Authority.
i - , ' [ _f ',uthority shall provide and r? 1 s i ..:.. s r ,
... bout cos' ' D the Contractor, `-ie me&i , ' ;uppli s use by Contractor in r r _ erin Patient care
under this Agreement. Authority shall deliver,, or cause to be delivered, all medical supplies,
except controlled substance,,. on a bi -,, fel?ly basis to Contractor's designated medical sup?1"
receiving location. Contractor's autinci ized representative shall sign for and pickup controller,-;
substances at a central location designated by the Authority. Authority shall not be responsible
for costs of replacing inventory items lost, stolen, damaged or unacccunted for dire to rleglicgence
and for costs of replacing items remaining in stock past their respec'Lr,, e expiration dates. ti."here
applicable, Contractor shall relocate supplies their expiration dates to ALS First
Responder Units serving areas of higher derma I `wuu 'n their MS District. All nn dacaiions and
supplies shall be returned to the Authority not later than sixty (0) days after '[IIe respective
expiration dates. if such medL iio, ?s and supplies are not returned tc. ,uthoritl, l''lli,il sixty (ltd)
days after their respective r ., i, _..'>ion dates, Contractor shall be c1o _jed for the replacement of
such supplies,
SEC 'i y L E ,l ::°, ?. - lotvvith t _ r :ling the provision of
ectior, 4J1 (b) harem, A...:hvrity Li, [Li --E, ti i d funs' s n- c cl i i --c Lions to Units or
equipment which may be required by the Author &. Which uc not constitute routine
maintenance, repair or replacement.
SECTION 506. BILLING. The Authority shall have sole reel -)nsibilityy for sul:,nniVl g claims
for transport r by either the Authority or b1 ?r :-
17
.? is the intent of the AULL ii ribl
tdr, over u,,„ sing as u` ? ? c dio r i11 (EKG) r onitorin fdeC#r8,aL .,n
Attachment number 1
Page 23 of 49
ALS 1 li' l °iol 1-'I
equipment ancl?
sr ,1531i? - i01 IFunded Unit lIl i11
?
adequate spare -quipr°neni. a accomplisl[ LI. Uthc jL , ;r; -??-t r : =1A ? tlli. i
to replace ci. Contractor owned equipnner -?i I jpn il. nt ove I -; period of tin
the oldest equipment being replaced first. Cori! jctor e i ? ? Lo continue using cwrr a nt
?uiprient on Auk -ioi ll- ', ended Units over i? ?rrient will be rnaintain( ..)y
",rathority and gep,?: k-ed or replaced at the AL rl ?l W, -? l '[hP point that the equ -
i3 rel laced with nem, egurpment, the Contractorwll l3 ?i e?l? DwnersG ip of the equipment Lel,ng
real „rev! tc L. -', 1 i._ I its 4 o will trade in the used - tuipm&-t is reduce the cost of replacement,
Co l.tr. r- I & in l onsible for the purcl j„ e , for Conti-actor Funded Units
and may use the Author rL 's K bid to purchase r6entical equipment. Authority will continue to
maintain the listed egrilp -r; r it on Contractor FLr red Units over its useful lift. Contractor shall be
responsible for any repairs that are necess .ry du.- to CorLr-n',-'Lc r'c° negligonce.
u , Ill . _ 13l],&HAZARD WASTE LL CTIl i. The Authority shall provide or cause
to be provided, the collection and disposal of all biohazard waste from AL First Responder
Stations on a periodic b,?:sls no less than monthly. Contractor shall tolin?,'r any procedures
necessary for biohazard vl aste to rye collected.
SECTION 509. PATIENT N I 6W"M%.Vd
SYSTEM EUiwMEt°. Authority shall
provide, as applicable, one 1) r o -' _-"ok c i i uter or personal digital assistant for each Authority
Funded Unit approved on Appendix A. The equipment shall be utilized on Authority Funded AL>
First Responder Units the Contractor for the purpose of cornr.l. tin; electronic.. I;; ti t care
reports. Only Authority authc I --,_-J software and peripherals r ,,,- uTll elJ 1.o ensure a highly
reliable and corgi JI - The equipment shall be r-ie propar' of the Authority.
ContractoP s re:,l .Or Such equipment, as provided for in ? --r a 7 01(g) hereof.
Authority shale be resp . ]i'i.:IF r ;r i_?Jntaining such equipment and replacing it at the end of a
reasonable Useful life, as detern Ained by the Authority. If Eft Grant funding is available, the
Authorrt;-'v ill _ rcvide equipment and software for Cc ILr' :t r Funded AL First Responder Units.
OtheR ise, Lhe Contractor will be resporr_ 11.1'l for l der q equipment and so1h, -,_- for.
Contractor Funded ALC First Responder Units --' 11-iJ, r discretion when funding is Item # 8
Attachment number 1
Page 24 of 49
F !
t"-?,LS
I. Vi
'Ti
?v u antractor shall I'l rad
r I pay for nd riidim [i i ciE i+`:. 11111 1 Iii.) ; ig i .., .era nd l1f'f it s llst 41 ijelo .
ln=?!?ancecor=rage and Iimits IYcedbydeliv 'to the ,?1 c:rgt of rtifi_
insi_frarnce e,z? r [.e31 by the insurer(s) ng coverage and ',i.rll,r?, -ir??Jon dates and tern ? of
poli1 i? _? r d all endorsements whether or not required by the Art"n _ i-:b,, and listing all carriers
iss.6 F.-i6 policies- and, a certified copy of .)Jcy, inl lLIIJMg -nll end-w ,?;ernnents, Where
rl ° wr rronn cllrractor's r ey stating that
applicable, Contractor shall subs-nit to AuthJ
Contractor is self-insured, the annount of insurance per claim and per c :currence, any gap and
the amount of excess insurance up to its coverage. The following i1_1cSU1.01(-,e requll err er rs shall
remain in effect throughout the term of this Agreement:
Contractor agrees to be independentr?,° I"Lrlly responsible for the acts of their
emplc,ie.cs and agents, to the extent provided by Florida. Law. Contractor does not waive
any immunity or limitation of liability it may have under the doctrine of sovereign immunity
or Section 768.28 Florida. Statute,.
( Provide Workers' cornpi r ??.rl a n Insurance as required by Florida Levu.
.n: provide commercial gei®ieial employers' liability and commercial vehicle
I,-`}-, y insurance in limits . i O,1.01-10 i,er occurrence, with 00,00L a qregate. The
l1rNts required reflects the lirriCw of liability for governmental entities in accordance with
Section 788.28, F.S., shoul:1 the State Legislature change these lire ii cover_ ge
consistent v ?i'rl-I I- shall b, C-1 iCa ied.
ProfeEsional Li7bility Insurance, including errors and omissions, with minimum
its of q "I )C;li_ (II)f.l c currer ., if occurs iace form is avail ,'_)Ie, or claim n _+ le form
with "tail co -rags _-!.-ending (8) y&zs [--, a .,ond the enfi-.; d? to of this agreement.
In lieu of "tail covey-= ? r,J" h,-, SontrO ctor may subunit annually W the Authority a current
certificate of insurer _,1,311 I made insurance remains in force throughout the
me three (8) year period, This coverage is subject to statutory and regulatory
i(-qul.ements of Federal, State or local lave.
Personal and/or Bodily Injury Includin d -ih and _ic d s :rte liability Insurance
with mininnum limits of $1,000,000 Combined Single Limit Insurance irI excess of all primary
Item # 8
Attachment number 1
Page 25 of 49
v,?I? id I :d -:al- ices
coverage.
r ON A R each insurance policy small
:iude litionsby ?- _nttot.2 1
( La --h policy shall require th.-., forty-five (4','l . r to ,4 Ir.i. v,w?on, w, ri n,
non-renewal ;-l I r,- ateriai c Mange in cov - r- 0,- limits, a notice i ereof shall be given
to Authority. C tractor -iso notify "AlLII I-ity within twellt,-fF_aLir (4) hours after
receipt of any notices of exp?ration, cancel la?ion. non-renewal or material changes in
co ue rece; ,, el 1- said Contractor from its
(b Cornpanie, issuing the insurance policy, or pollicie have no against
Authority or County for paycr`ent of premiums or assessments for any deductibles which
all are at the sole responsibl']i,'y and risk of Contractor..
(c The Authority shell be endorsed 'Lo, 'Chic required policy or policies as an additional
insured, exclusive of professional liabill?v is? urance. The additional insured clause covers
the actions of the Contractor while providing services under the terms of this Agreement.
The Contractor is not liable for the direct negligence of the Authority, its employees or
other contractors of the Authority in providing services under this agreement:.
The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held y the Authority or the County, to any such future coverage, or to County's
Self-Insured detention of nature,
CTL _ _ ? l ,LlL. II°Y. C-i v?or and Authority agree to be fully r sl- - iisi l > or their
(; ° r acts OT negligence or their respective agents' -cts of negligence ,ryrh n ;ati?g within the
Eye of their employment, and agree to be ii.-.l lr for any damages I from s.-.id
i ?,tL l,_aence. Nothing herein is intended to serve a ?, vvaiver of sovereign inln.lU Ali, or the lire ,i V
o"'rtFibdity contained in Section 768.28. Florida Statutes, by the Cc -It ?.ctor, County orAuthl_)r r,i.
Nothing herein shall be construed as consent by Contractor or ;'4uthority to be sued h ,, H il. d
p rtl in any manner arising out of this Agreement. Contractor hereby waives subrogation
right- for loss or damage against the Authority or the County.
Item # 8
Attachment number 1
Page 26 of 49
t1"1 ? i I ?
AL FII
" O lSllr ;``
b jai i ar lt6`actc„lb3l l l l'I
Contract-, shall be paid m?
lnstalin = ins L-eginning on No JI I Il
commencing October 1, 2009sh
Autl sit Tractor ha to an amount
ti,udget fou services during FI _; Yp r 200 -10.
r in arrears and payments sl all L
r t, 2009, The approved Fiscal',— all be equal to that shown on a pes u x S.
SECTION 702, WAIVEr t%l- -N
As part of the total cornpensatioi j_(- ment fc bcal ? -10, Contn or agrees -.I
ntitl?:;iient for any arnounts It would have received after 10/112009 for reaching perfc, ". r n
goals set forth in of the ALS First Responder Contract ending 9/30/2009.
FAII ILL, 41 DE FIRST RES
In the ever' Contractor fails to pr-vic`e a Unit, or E..r wstitutes a BLS First Responder Unit iris'-gad
of an ALS First Responder Unit, for an -xtended period (as described below) of time and without
the advance approval of the AuLh ri'r,; the Authority may deduct an amount equal to the
Contractors Unit Dour Compensation multiplied by each hour or portion thereof for each ,lc;*,r or
portion thereof tkc-,t the Contractor has faile.; to provide- an ALS First respc rider Unit and
lr! for arhrfiil : nD l Units. Such deductic,,, ' hLdl I.a,_rl iac? - %i ?7 m the follov k iq i nQi ,J,iIy payment,
For purposes of Lh s ,Agreement, an extended period c'i ti,i ?e means, with respect to mechanical
problems and p s r nel, more than four () conseCUt'` ,rc; hours in any giver l:, r and with
respect to training, more than ten (10) hours in any given day, I, T" .d-?d h, ;ectic?r?
70 shall not be applicable when the Executive Director has wakied the pro,.,n- ,u, a,G f Section
703.
SECTION 704. DEDUCTIOV _ AL,
AND , ' ?t'i L l"f b ?°[ l v G
, ;_ E L t aim In the event ti 1, 'r '[he Cont[actor transports a Palii_ it
under the extreme ci r =t FI_ -zl ,Ori .ed by the Medlc- Manual, the Cc - ir,-jr l - r
shall provide a l=LI A_)IL. I a.l t ',are report to the Authority. T`I- report shall include, ai a
minimum, the rne-sical reasr in for transport, the Patient's com h, the Patients name, the
Patient's address, the Patient's social security number, Patient's LL'lephone num *8origin
Attachment number 1
Page 27 of 49
Emerger, s
_ First li.
any W l'??1 i ? ?`.1; fr n nr??°t, the ? i , and all ? I H care rendered.
Contract -?r' ' Ii other signatures necessary to
processa bJ. `Cc_. tr, _ i ? :iii - orshali I; iotified bythe .ufl - ity ortheirdesignee
of all transports penj med b", Lhe o,it?actor. The report shall be fell..-,-- o the Authority's
EMS ? l ii i g Office within four () business -1- s from the daL of sere ic.? If such rep:: i
illegible, in ,omplete or is provided to the L rl . r ly greater th - n h _!r! bu-ii e s d ys 'I r l ii t -_
date of er ,7:-- 4f -n Contractor shall be subject to a deduction of One Hundred Fifty oliars
($15,0,00) for eac L such occc . -I The amount shall be deducted from the following monthly
payment.
Transport In the event the o Mractor transports { ?t.
that is not authorized by onlir k,11-_ :'ic ' Cor'rol or in compliant the there current _I,c - I
Operations Manual transport protocols, then Contractor shall be subject to a deduction of Two
Hundred Fifty Dollars ( 0LOO) for each such occurrence. The amount shall be deducted from
the following monthly payment,
SECTION 705. FOR I-,-- +. a COST I t_:. FP .SE':- Contractor
may apply for and receive pt us lecti e compe9ISOU « 'adjustments to the, niwal Compensation
as necessary to offset or .iris n', ° i.icreases in or li ;:Jost of production directly resulting
from increases in the p[!c t, I.. d by Contractor for ir.a;Jl dtal ( Jnforeseen ircuMstances and
subject to the following stipulations:
Contractor must document, using ger =;ll .! ,.vicepted accounting procedures, the
actual financial impact of the increased fuel prices: ?, upon Contractor's costs of production.
( Only the - - c d l _1 'u- I i rl.;es®e cludin+.i o, elIF J.s )II- i,icreased
fuel consumption, c t costs.-shall I c Jsj ,-I
'T' 706. FUNDS TO BE FOR EMS ?.. I _ Contractor
r€ -ignites that monies received herewi er are clt1i T. e ' frorn the E I:,13 I and that the U,1'0'
pursuant to referendum;, has been dedicated solely to the prop iLsion of Emergency Medical
Services. Contractor, 117-1f re, agrees that funding provided under this Agreement will be used
strictly for the prevision t the services described herein.
Item # 8
Attachment number 1
Page 28 of 49
I C r
o ?, I
Cc r aiI ',
rna , in one TriIure, may h-) inch
pathway rnranacem + of sI:fms or c Baer actiJ_I;
where l\AS resources proviG--' under thic4 Agreeid, Contractor and Autll
-_II _e in effecting such additi -:r I -•n l ,.es; evaluating the relationship of such
an,' i l I.::... aact of such services on the Eli :-
SECTION R UNITS.
(a) L [wring the •'. rn of the agreement, the Authority may
detei,i-nine thal ?_. c l'?it, iffy _ r.: Frfnded Uni: n?. 1 . Additionally, Contractor may
request that consideration be given for approval c-, an additional Authority Funded Unit. If the
Authority determines that additional Authority Fi l.iided Unit(s) are needed frorn Coi dractor, theca
Authority and Contractor shall negotiate a rnutua;ll r-agreeable marginal cost griper ation for
such additional Unit, Units or Unit Hours. In those instances where the Contractor requests
Authority to approve additional Authority Funded Units), the Authority shall meet with the
Contractor to determine the creed for the requested Authority Funded Unit. If approved, the
Authority will negotiate a mutually-agree'..) l - marginal cost compen: ati on for such additional
Authority Funded Unit, Units or Unit Fours. Compensation for such a_idl?-:nz; l Authority Funded
Unit(s), or Unit lours, ?1,1-11 upon approval b the Authority
Cr: i ± .. Contractor and:.uthority understand that tie EMS System
is a unified, integ{? -_> ed r wiring the coc,Vra I.'r of all providers in the S `sr? To insure
coordinated implementation of any iml_-'rovernents to the System and to ;' i,?raro the icitegrity of the
System, if Contractor desires to oper, dditional A LS First l espu I f .ts a Cc_l: rl or
Funded Unit, Contractor will obtain approval from the Authority iii wiI pi i -ir to o ,?r n; 1 the
Unit. Contractor m ,,q t--Iect to o---,se operatiorn of a Cot tr°?:r t r Funded Uni'l ,-.t their
discretion. Cc rit ??=' -;r is resvn'-,,I'._'I - for all f i s'i_ seal. T l staffinci ?-.-,Liil-!Ding F nd
operating such Units. The 'ALIithci-1 r shall provide Medical Control and Medical Supplies for
authorized Contractor FLIIi; t-1' Ur r'r :.
ii 9 & At any tries during normal business hours,
and as often aL rte,, ,;nably en7ed r,f-'cc i.=i f the Autl°nrity or
Medical Director i_..?y observe Core .actor's ?p .?r? tic ",,?I - - -!T 11 'Iki:
Medical Director r-_?'y observe CoW,.ictor's cip-rotic- . "_1I ?I??? -? ? i? i?I.-lt6rYf 41??z' to
Attachment number 1
Page 29 of 49
E n-i r r I I 3 I
AL Fli -'lII ,Ili
, uthority° for rt .l.l _ lvo .1, its re _ _ u i r all matters by this nt,
and Authori may gaud 1, , line, copy, and _1 = x:14 trar_ V 9 from such
and may udil_t. invoices..=1i M.yrrraiV. i,r? 11rd, i
personnel, ;.Illy fogs, c ..ariiio s of employment, :d-l,d other data rel6tl._? j Ell matters cov6E ?_u by
this Agreement to th
Contractor shall ill Oil ., Director its re ...I = 1th respect to all
clinf _: Inot `w covered by t'inrs l gi?enient anu Lh Director may audit, examine, copy
and ,;:1;e e, s or transcripts from such records Audits and inspections to the extent
permitted by
Authorii°;.'s right to observe and nspec operations or reco -ls in Contractor's business
office shall, h vl?v,-r, be restricted to norm2" bucjness hours, and r -a-ol notification shall be
given the Contractor in advance of any such 'v;sit.
Records relating to contract activities shell be retained for three (3) years from final
payment in each year,
The rightto directly observe Contractor's field operations, shall also extend to authorized
representatives of the P 'i uli l Control Board and the Medical Director-, provided that f-he
requli-e-m4nls for polite cci il(!uct, completion of any training required by laws and non-in tr aer,_?rce
with employees' duties shall be observed at all tires.
TG 191
T ..: 11
E Tl 8 TERM, The term cif this /. I tinent shall be for One (,l) year, commencing
r .Jt ) I r `l, ?& r:. nd ending at midnight ..,-ll.,k.rli er 30, 2010.
B T .. n ?o ID Rr - ` This Agreement may be terminated &,,j 'll _ i ,u'ck for
cause upon twenty t20) dad ?. r;tl,-l1 Mice to Contractor, "Cause" SNF.11 it ,lil(1.? (1) the event
that the Contractor, for any res ?---)n, fails to i l Ilse licensing re uirernei7t it-i ir, State of
Florida pursuant to the provisions of Chapter 40 '? , Florida Statutes, or (2) a m?terial breech of
any covenant or ... rranty cc ,tained in this Agreement-, pro\alc'ed o~'vnrever, t 1,-it i I k e case of a
breach of coy,. n, rl l' WEE Ise Authority shall proved y m notice of such breach and the
Contracto }h -il the opportunity to cure such brew k :I II r twenty (20) Galen a d of
receipt of sucl 1 ;e, Item # 8
Attachment number 1
Page 30 of 49
1 11 rvc
q_
This gre i yent n, ?P y the (__ I try 11,; car Authority upon i
t i ( 1a;l tlsir ' rr ir the I? -f (I-rmjna6ui ith rthe Contractor
or a ii: ? l Services hall ,. in ori' I -), EMS District in
accoru,,.ice with the Special Act and the Eli Ordin n?ce.
Pi l -1 food faith
-T" ) the :.dl- 11 'Ll- L-,t Contractor and Authority
r Controversy or till 1 1? 1 1 -ay have arisen under
this r eement, Contractor and Authority shall appoint an r' ho- ._uaI,?i%11i'1- e consisting of one
MU us IIiI, reed upon representative frorn tl, I.[- is l er111 - I the NII ," - v :n1 & u cii,
and tiie Pinellas County Tire Chiefs ssociaticl I to facilitates timely and effel, l ve rc° lit[,-)n.
The ad-hoc commits,- I= shall meet as often as the circumstances may deem necessai y in an
attempt to resol4 l„= controversy or dispute. Such comnii?Aee shall review each party's
submittal of its interpret tilcu of the Agreement and may ro:,uest additional information as
necessary. The co1Tmi-D _-e shall complete its review within aixty (g) days and submit any
recommendation to the Pinellas County Administrator and shell be non-binding. Either party
may thereafter refer the matter to rnedi<tici) in the Mate of Florida if mediation fails to resolve
the dispute, party "nay pursue its legal rsrnedies including, but not limited to, filing a
Complaint in she appropriate court possessing co[-npetent jc 7ls?'i,C"Ll" IT
I The Conti t I:,tor will not
a _ 3 - ge, race, col Ii J1:)n, sex or
w 1 -,I 111 I;_:I - - ?rst &I I- cxq ?..rft a.?.... *?? c... _,
1,;11,1. ] ors al?-_ the tot w? 11_?111ati?_ 1 Jo i to -11 1E1" Iel ?r?ts are
Ilc ,red, and that eml it 1yees are -i! = l gyring eirapll I_Jment, 4? -L i I I.,r,11 ` ? fie, race,
I r, r lic,il_ , sex or national origin. uuh action shall include, but not be hr iced to, recruiting
ri,I rel,t&d' advertising layoff or to ination, upgrading, demotion, transfer, rates of pay and
compensation, and selection for , i i including apprenticeship. The Contractor 'r., 1I p W st in
conspicuous places. I to all ennployees and F l li nts for em1 I ?,, ent, no i `r setting
forth the provisions of th nondiscrimination clause.
Item # 8
Attachment number 1
Page 31 of 49
All notices, I_ a ? .4 i
p_
this -,1, .1 It I 11 1 and !.
certifi mail, nett receipt i d, with n?.
prepaid, , ?l ml 1- -ddr follow :
E. -. ive 7i1 :tor, P nr -'ounty [ i'-° . ,I thorn ity
i I Jll-s r l lid I ublic c lety Service
`l ,,` g Ulmer ton Road
l_ 1 o, Florida 33774
If to c r- See poend,i
° °. ENTIRE m °°`r. This gr(-- mrnent, as amended,
and all _(_ndioes Hereto, cot -s' ? entire and oolll afire Ir1: n, 01 i e Parties with
respect to the services to be provided hereunder. This Agreement, unles-- i ::ojideU-' Herein to the
contrary, nmay be modified only by written agreement dr! I ,, e, ecuted by the Parties with the same
formality as this Agreement.
SECTION W OTHER ,r „?a TS, Each Party agrees to execute and deliver any
instruments and to perform any act_ that may be necessary or reasonably requested in -ir dei l,lj
give full effect to this Agreement.
SECTION 905. -.., - ?, II VV. Florida haw shall govern the "'u .ll.'lly interpretation,
construction and pm_ I'i 111i Iv, -Ice of' -; AgrE M1.11r_ I-1i
11.311 'rherwise i11 Lv, Uhl-, 1,I of this
Agreement; no delay u failure to exe vise a right rf-?P,li6n from airy LA each ua this Agrpen ent
shall impair such right or shall be construed to JI thereof; but su may key .:iced
mm Lime to time and as often as may be deemed e;,,pe:_II-Int. Any waive I he in iing and
signed by the Party granting such .. ? r. If any m e _ r 1 -t tic rM1 r,,- -' CU,.,enant contained
in this Agreement is breached by either Pars, l t61 J.,mr_ ,iced er Party, such
waiver shall be limited to the particular breach su °vaaive ?,rd s! all not be ?,?? =I, ed to waive any
other breach render this Agreement.
Item # 8
Attachment number 1
Page 32 of 49
Y f e
In the ever'
`I. or uiE?f0orceal le Inl an respect, the "arises
"cry 1 ,
to su( e,?? ?%r iocwicati(lr,, , or
supplarnents og br Lo i i -? L C r such oti _ apprc,- i- - h.-ins as sI 311to the I r ?- :. I rn
extent acticable in 1, ht of SLICK 4 ii i ilennent and give c ffr ct the tntenti +rs of
the ?I ref 1c.1 rein, n ?J I, I:,, I is, Ag reEI-[ I,.-1 1I1 'I d:s s mends-d
modified, c--, I?n1-= -,ner,'ted, or otherwEse affected by such action, r t i ] ' Lail rte, ? ;end
A IT ,? . _ The parties agree that
-`T101
aughout le terr d r- s rice of any 611i Din s
hereunder, Contractor is an indr.p -.rdent cil ,rr'L .i--Lui- in all respects and shall not be the --.gent„
servant, officer, or employee of the Authority or Pinellas County.
uu_
El f ?. X.u4 phis Agreement is
not infenu- J, nor sh ?s r, ?d, to inure tti refit of an`, third' person or entity not a
party hereto, and no right, dr f;F or obligation of the Contractor Linder this Agreement, shall be
assigned to any person, prig, r Gsoci tion or cc -poration, not--for-profit corporation, or public
body without the prior writter r onsent of the A ULl, ?yri'c'y.
?1 1l, r? Captions and headings in this cr f Inent are ase of
reference and o not c tt_ .e a part of this Agreement,
SECTION 91 Cr .. ? ? r This Agreement may be executed ii,, I r han one
counterpad _„ 11----l- I of which -- rd an original.
SECTION 91 2. l T. ALItl I I Contractor
have wa:i,;ed together in faith to ren. R , I ig unde ie M Mili based upon the -11 extracr-lil economic t r 1 -ing local ?;m rnl cents at ,present. It is the in' - -it of Contractor
and Authority that any actioIlas or d?-terminatibns taken in order to re ch the jig--e vent herein
not be seen a a waiver of any I i'j h eI,`, either the C ter, or the °,1 ri I ty may have render tyre
Special Act..
Item # 8
Attachment number 1
Page 33 of 49
Erfr?=:I?
L F ??'t f SE;- nt.
r-, e l9
IN w,1 k !,?L S WHEREOF the rtir- h-rr fo, i i ilzrough their unc'r-,r,; 1
ut ; d c1i(v°e or .,. , L! li in I Jr-'r 1) I °`.ed on this
dad,, -f :1 17 171 ? .
ATTEST:
KEN E CLERK
y:
Deputy Clerk
APPROVED A TO FORM:
Office of County Attorney
Countersigned:
APPROVE A TO FOR :
City Attorney
PINELLAS COUNTY EMERGENCY
MEDICAL ` LICE AUTHORITY
By the Board of
i nmi s over
by:
Chairman
CITY OF CLEA WATER, FLORIDA
y:
ATTEST:
y:
City Manager
City 0 k
Item # 8
Attachment number 1
Page 34 of 49
Nclp
j 17 39
41
Item # 8
Attachment number 1
Page 35 of 49
11- J) F C-1
Uri h':,'.a
-------------------
®_
I<I
_._..? P 0
1 ?88,340
1 ,200,848
984
, F,,-- I - ?i 1- -efts 188
?p I, D'56
?mmLe Aan for Tierra Verd.e 048
Madeira Bead 84, 3 5 2
Oldsmar 8'2, 2 19
Pala Harbor + ;: 1,u 2 9
Pinellas Park (including i° hppinl r 1 7 cc; b"l
..
Pinellas B?ancca t
? L} ;, x,31
Safety Harbor 8 `,6' "13 5
Seminole $ 1 ? 3, (30
St, Pete Beach I E" 691
Tarpon Springs
I
$414
Item # 8
Attachment number 1
Page 36 of 49
CITT cIF L- I-
Clea - F L 33,
I I , I-
CI1 }.-L1 I IF N
P01 : 13-3
Dunedin. FL I )7
Chairman Boa A of Commissioners
EAST LAKE TARF,''
LFCI. L_ FIRE CCP.; OL hDiSTRPCTP°
Lake Fslla?l
L, I FL 34E_Irr)
CITY OF GULFPORT
2401 7-3rd Strut South
Gulfport. FL 33707
City Manager
CITY OF LARGO
P C Box 295
Largo, FL 33779-0290
Chairman Beard of Commis . il: r-
LEALMAN
SPECIAL FIRE CC' I` TRCL DISTRICT
City P?fla 1. r
C`T'Y 017 BEACH
L _10 1,11-ii, _ LI iwe
P _ ?1_h FL 33703
da -,
?lT, uI IILI- _I -e?;
Oldsmar FL 34677-L I
IT, I1, 1 C ,f C n 1oners
L 1,, 1 I kI' K
1-'L I._L ? L CONTRC_ DISTRICT
21111:0',','. Lake Road
Paln' t arbor, FL 34684
City _ 1_?er
CPT`r ` ° PINELLAS PARK
PCBox1100
Pinellas Park FL 33780-1100
Chairman, E . _.,rd of Fire Commissioners
F.'i-iLLIL.=, S = I ==OA T
SF_ IA,t Flr'I? CONTROL DISTRICT
2C.-
1, _et
1 H L Beach, FL '7
[,Manager
CI , OF SAFETY 7UJ Man Strut
Safety Harbor FL 3`'97
City Manager
CITY OF ST. PETE BEACH
155 Corey Avenue
St. Pete Beach, FL 33706-1701
City Manager
CITY OF SEWN& E
'9 113`h Stmet NY, -th7
Ale, FL "
C It F
C1T, C'If- T-RPON SPRINGS
324 P ' =t ,.,.'t East
Tarl ,i -rin s FL 346089
City 1 ;I,. rr
CITY CIk I L Li?RE ISLAND
120 10,.,,1, uo
Treasui FL 33706-4794
Item # 8
Attachment number 1
Page 37 of 49
I I I?rr I
I I I u
l L I
t? l it .' i lie on ' `L-.l i 11 'I }I :I i?, i . U i?, yf-l,-l.,r;,a ., tlI aar" ',:ll,t_ l f'il s, -. '"'
l l;_ I III!N`a ['§!li_11 11i WH _ 1I. Ii ??
I w R ",)t County Con1_,?Ii i r.-I i ; .1 . rlie 2ov" IPIi1,_ " IIIJ, F the
V" lLREAS.. B "tit arity is required to l,.n do Mr the apt clistri.cts xithin the territorial
botis dad i i"P..1l1s Clou r w ll l-'i _,"I,i'I l j.,'" ?jl,_?]' ,L..,
E. nih'u Pao 1M- Qk_.IW?,] j \_
lUni€ tc .<<],,ii'._ 1-r°? -inn
lll'i A AS, the .11_,A 14?V5 Kt* VUM i H n Aln tll?li tai fl;ll ° li tLLS1II II_'= I I;,f1II- l tstrict l ILLIi,Ls
si ^m.il l be 11i de hind talon Ole to tt on tat ?vain t e sti and clhGy lid the sad wWe prm` tiers ithin
_ 1-? i",Iti11 t i II s, 1- Pr, I I_,l ,l , . I,n I Ie w
611oi'M li_ l_.ti tii? lsi}_
1. The , wl_1o W, vurrelinl'v Fool Ln, Ilh K 11111 lh !1 10 -m i+j Q ." i .L ilt ire districts to
hl'tr' 1'tt .i. I_liivLd l.i_ . V _ first re`'rorMer i 1 Lies t I l_ I I.0i lti l `., i IN I tt C;oup "'f'' o nd.
i
Upon sisteni t) nwi',. the pw _ U _ I! ii Ili l
i_ ?' l i_ti di l in A ' '.11_l Jv t; x'.I? ? i _
I i.? i- I rlti i I ;P, 1. 1? ?l I'll I j'ii' l111 Al c? i l
respwd rs, 1 w.IiwA t}?w } " .fv'id ry in l lac "H C I ? 1 l 1 . -°,,1 or
r I ? U. r; Mll l t L?, l 1 ;`
?_11i "_','?_ii? I ?`'; ?i 11•,_ '_1_?l ?wr?lt?r t?? l_;,..._:l'L?. ?? . ?,;_ '11 .??W.
Item # 8
Attachment number 1
Page 38 of 49
V IC
d1 the FoHo"in " Simi AaKinI I mire istricis are herchy
s:
learn C_ake Fire and Rescul ._ .
Lip, I' I;i mt
1 u _ u,ti Rescue District
D' of i``rl,. °ira Bach
City .?1?'
h. balm Harlw.,)r I I.r<< wid },- cit ? District
(_i, C.' it of St I". .' I f i
I . t its, cd rc,,,s lre ] sl<a.1xd.
G 2 T ho l'0o" °ng (' bs Any MY 1}te = pas A -hi h they pro\ idl Firs: protection serN ices
['1 w'._ 1 'i pj,-"1 ? ?i"',
C,lt' i j o w l t .' A_I LIl'Ij l,.l Ifl?_' .U'., w '1
13. (1t L., Dllil lwj I?'li' 111 II_?_'-?1II'(1 0" 0. i ill 11.;._ Ann C 11" i L i, i by r alga, `t aiid I th. :<.n% O 1 CH'Sak. C it., O ISohjn.I' kldil" ?a11. th ?r?a .?I ?1 s1
F AV
,
11 CiM ni'I& 1sk. Wltltl 1 1 i? ?l r,r DO% and the ikigiZpoint. We
1">`
i,.'i
F. Chy of MUM K I_-?? 1 1 1: I 'ill 1: ?-)otll f 1 ,.r 'try" . istricL
it CM OF iM[?Ofl :..- l)islril
Item # 8
Attachment number 1
Page 39 of 49
} Yi III ?C } 1 ?,
?} 1>? !Ii
13. Hp, J I ?J, cf,"e millol .
"„11.1 ffic DisthiC t all d. that pc 4'11V
,Lion . 1}1 .'
hi a 1-eQL11ar n iui - ?,l" ?i, l I- .'d 111
w 1°111111ss10111"1' ?ii,iccl t11C } iaoIl:' 11eLi? ;' 1110-ved its i_ld (3p 1.1 on `,'hi .;11 wa
nl,_led b,, 111?a .5(1S
N1', S :
""",k `s:
ABS1° l AND N()1 Vt )"l 1N, 'T;
Item # 8
Attachment number 1
Page 40 of 49
-Short Spiral [nrimrhi f 'I
Spinal lrnrr,-. i ? evk eG (Adult and Pedi tr )
Item # 8
Attachment number 1
Page 41 of 49
Foig ? -npn -1Ahr-ized by the r ?, except specified hv-r-?v-v,
??^J9tr? ?? _ is Ii.:
1 l? ?..1 c&' ;r I I - Jill -III Il_II -e by c, I 11 Board ari,J x'i I"
} for all
Autl li-ity Puri t_ r' G_ d C7nC ef" Uri l l:j
< monitor 6, I ,ill-or 1 ttE _I_ ii-i i'is, r?,r / batteries (Phy io C-)ntrol U'.0
ode . ?? n( '_:iI I or e ui :lent, E i ?r fined the
f+l I'!- C( bc)' rc! a rd uthori r II re I r :: rat, Life l Cis m only be used for
)er 6 1 ier , E e wr, ur i Jr r or. ry e when primary
er-1Wpaie i is unavailable due to rnaa ii e I wice or r `,_ ai ,
Pr /i :$ b
u KI JI-fl equipment bags and boxes
- Rescue equipment -c 1 I ?'c by the Department
Item # 8
Attachment number 1
Page 42 of 49
Item # 8
Attachment number 1
Page 43 of 49
37
f.
I
arnercled (t'.- "Act"), est_' & '
i,1wili'.' (",\rt<hority") which. a6 suh` „j a S is .i?La a yak ki
e „ k
„ .s°w?LA , the Board of County " n?,,,i1i_, i . ,_r°rs i, Li:? ??°,vernin
body o
i? Utt.l, is obligated to pro,,ide funding T,r the reascr.ilbl?, ;--tid
=!r 1-)Sts ,,;i h the provision of , r ,' Icy rrl, t J,_ pur„mnt to
the Fact-, and
the Authority i empowered to s.:. the lei cls of service for all
emergency IF? :i't.3 al services that must l met -d tl" at 'i-:?t
I J; t those pl'
service fuii{iC raay not he lower than the rrnnit.i7..I_!. 1?_I, _I i? ti<<i , it_,
1'l1ch4; fj,j1: y I, 3 989 end
WlYa 'I}sly° made pro' i _)i' l-r a 1
Services throe h loll, twL.Fr v, aL.u ._ r Nith the EM providers tts,,,Ul .
any ;d. t rgiw,,il,' tiL,_ 1:°,l of services for Pint'l.as
ii
Count3 , _
its public or ,n h _':k"fl f? f_ -11 ? ll_ i„b:f
tation
1_r A ol?
of
-?-... ,lf ?1 il?_ .?.,-,V i ?. i- _'?1.. ?'U_E?l i??.J'•. i tl `a` ? ,;LC, ?';;'? _ 1f,C[ G 19rr4drlt ?.'i;'?'.1,
Ji=;iY 14`.
etch s ? E n
?r
each of t`. 19 muni J' and fire district. y? provide '` ifirst responder
serviCe L-
Item # 8
Attachment number 1
Page 44 of 49
CouiltY
1 ,01 sciiv.
Fen
1
U z;y J o
tI 1: 'IF
4 ' t ?d staf li qe, and system it is that the s- j and of C .I, i` ?
" •s exercise its legislative al l1' C I ;-31 body of the ,
service levels it EMS rvices ?,. the couw-:, eval?lwt' the
a, I
f7-T'-r? iml ? s-rvice levels, nH the cysts O TF lr those S in order to
1- ,, ;rLI" ; . ,' 1 ? , ,rri °'-Fv the AtAhority° for the,
FMS -'r-r-i-ers; and
Whereas, in support of the approvals herein, the Board of County Corr-,,r) i
makes the folkn inr !r' } 1,,' x'11 ,?:
1. T l-- t11u, -)Oril P 1 ETO>llF '.l,,ntracts with 19 municipal i1 -5 :.1nd 1x6?:C"i.ll{jt'lli
fire districts to provide advanced Hie rrl 1-'t' first responder services. These -ze
,uppoi-te through county wide ad valorcm levy and funding;, from other system
rle i,il slt_°I
revein'es, with p?N ~1 i:':il. Blade to the various based upon a system of
contracts. In the past ihi, F,.- contracts have alj?. i ,r ,:stain automatic co-,i , I f, -lses
h ;h did not always accurately track the cost of t, o : i d Srrvices.
2. That while there r__ l', 'd ui< mdard for rl
for L first responders, by, , t1?, i' I"I , ii Ii "'il ctj , Ci)unty have a'1 -, rJ ii_, a
-sponse standard f-r emergenc-s that r I i-L s °,'° l he on scene with-in 7
and ?) dispatch by z°r 1"I "'r. , al,y she 911 center 90 h,1, i1'4
the time. "J. hi:- i :,ilts in an averagi andard. D 3p line
variability among, districts, the count);- tirrent its
to ac ;.Lrd which the Authority finds c :-I espom , { 4 {ci.rly in the
Due to Certain changes in the law which. effer . ed by
".
?llority finds it 15, 1ter5t t increase 1k..' ' licicilcy
iI;?.- .l ilia' to
w'?'S to he extent posse -?,` achy to
Item # 8
Attachment number 1
Page 45 of 49
by
I Ise, Of &: "Y
reel, and a"li', 11 uI
1w1r f vial l ?` U t eta Y G ?n'C l ??' and LY2
r
;stein. i' I [L'
req,uirl w __y..: ?I} r;I'l .!II Wl 11?]-'J1
lie se'rvic ?lie Authority i i
rr,1']r'i" { r I Irl ti? o each o their
? L,t ' th area served by
histci,i?;al and c'3?b<G.1 ?`??41 A.?.s C3ac tts1 Ali. Il-,l:l[?. o I 1f k tr,-, tj_'{?_l.()n
ei,h provider and the transpt r:,,,i iirLi jv,.ilable to .,n,ergenc egi.iij._iiizent. In
.anti'
f"i1j.i?tE,.t?ls_ appropriate L p k:?l time, d1' i.i.l_ufL 19 k.o consider J
W automatic aid agreements wherein each p? 'J(; to assist other j?rovii ers
respor&i ,g to fire: and EMS emergencies and Lie flexible deployment of the amb "Liili-;e
contrac ii r ,.,,1iich utilizes L transport ve%ii,1--,,
Pursuant to Resolution 09-31, the approves ;;:i .
to cnmge i?p,-,:tch prr,.t?-cols whicl would E,`i,-arxli e the dispatch
I'
l
aI,! I tl ],'. _ I- it t a !" _ bent.
belie .., `" th it this wil':esult iII both U- l I respc>i!r.k, i t€icl
wn -esponsesk those assumptions are not n lied upon in ,,aing the 1, ,?As o
. While d servk delivery is desirable, the
titho `? finds than tl aver iiii itiin III I ? rafi- F 9'ri -q
? t;o, p) ,)f
-1
tha[?t', and ar(
LII
V i,?ii ority r l intends to eX ,C i,- S !11?1t, ;'
for the 7rovision or services witl in the county in order to ai, ipl,:,inent the lc c.l r Oi O?,IA IOIC
est [IU'si"1:.'.I 1.erein.
Item # 8
Attachment number 1
Page 46 of 49
p r 4
its
f '
' I r
I
Wider tld V v hereb,
the it' n,
Si;;c,?ivo . A, ?evel of services set foilh hereii, , IHiLi 1 ern GIL;l. 1 I .k 1,
l'cn .'> 71, .''111 f o ity recommends " ?I1 .s,.; urg es tl'tr'. Ir V a service
provide.. G. pit with li.!S Administration for a.va luble assistance Ut developing
deployment pl,,x
to a ret .,.1,ai meeting dilly assembled this Cu-i h,i -f March, 2009,
` mmission ' Latval offered the 1c, 4,t i:c. Resolution and moved its
c ra which was seconded Welch and ripen call the
vc'I, was:
AYI Harris, Seel, Latvala, Morroni., Welch, anr' ??etd n
NA"i tit
i J
[,Lll B's Cep i tl`'ril r I ?Fs,l It ; .FF
hlF e h ,Grd C""'
?, l T('..,k WJr't.^i'?ryi' Nl lk?ku •? ? ?'bl, l_ 'kal ,, ,g
Tr
Fl ? dfx'S a l l Fi4'. Cif 11 I 't I ty FL ,h= ".Zj I"
{LI "I
I;F 3I? ,rCtHla,{rUb:GnM?t 1~.a-C?'
H
,:15rS nt the 8,-,e(ld of CA IInt,', .rm??l ,s6c'dtt s,
1bGE v f YF1QfF `rt
Item # 8
Attachment number 1
Page 47 of 49
-LAS C. 1
11 11 A uthorityf Thy '1, c
4 dr ?` 1wa Law
$7etrt :_
h '.
enterger
t
rl `-i 1
P t's, ,-_I,?.tse time: The 1 -1_i `, tirne b :!1 1
Itme does riot include (I processin b)
Rescue fitt:. v,11I'1C with a J73 Tiill "1 I1 Ce 1}ai I'd; '13111 ['WIC t s,i .fp i
medical technician primarily fc v,'ilich i
an .BLS vehicle as requi-II,,d by Florida La s)lr.>,111 :+ 1t ] 1415 ti.Jt1: t}
re ulations.
cr,;_ : € re The EMS district the Provider as d. Ic ,t, : the -Y,
Response Zone: The primary geographic area -`;1 which an authorized AJ
as determined by the `ra ider and t d! s 1:' S L. ' cion.
i. AM BU LANCE TRAN SPORT S1--l-, ? , RD
T ? porsse Time the Ambulance ; ?1 Count,,: . ,
AL'.. First Responder Program. T??,
IL, ,., 1?LL, J_',il?
I'll"i.r l Il',; JJ ii rr.. wr.
H. L "1R T RL k T.
A? A, 7 Mit)II[?`.
.)ill"
alY l LI
ft'i''i_?l_li. htii! by
M 1 'IP;r 4't{sirs.
Item # 8
Attachment number 1
Page 48 of 49
11 5
g
I I
'' all,.
i
i,.'i?.l
r( be ex, lud? -c-l-wil- se time
I, l? may b€ a by r ? r „r 1r i?ion.
Any rc:1 i?si t I' ustration shall 'VC reported, 3147 less b'equently than
gal a'?`ll? S ?'a4
on
1? f ? lilif f _ I?-}'I=
'.L 1itds may be suspended by th
,
.. r r'f -Js c - v Glared emergency,
TV DE" "'R-MINATION OF STAFFTNG
Volume o f responses per response zone
A. 0-5 espouses per Day
'Lype o ar,:u s f r3
Single Paramedic AL, nit only in
Limited Access Areas
B, 6-10 per Day
'e ; lay
Single P e icx AL, U ii
rr : L'113t and r'I I, ".ti7;,'?1F
'L_J31tt
T'Wo ' ae Units
.l AL uni°_ C l , elute 1 e i It - all
$ w . A ?'lfa.ll L)L limited to aaa ukr_ AL,S ' ; ;' tiF i, _ ;,.jtt?. o
ill L.', l y ;
L?alst. g ed
?not to be b rd 1,, ,, 9.`? tii} ll1_w ?krf.lrli3lp?._ (7t}? 15?
Ifs ,.. a ?' 1111 , orit-y.
Item # 8
Attachment number 1
Page 49 of 49
k
of app . sr _
II
I
Item # 8
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
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 and equipment have been replaced as necessary and are no longer required.
Three items were eliminated through the budget process and will not be replaced.
Three items were replaced with used equipment that was turned in through the budget process or as a result of the Mercury Study.
Four message display units were identified as surplus through the Mercury Study and will not be replaced.
Tampa Machinery Auction is the Tampa Bay Area Purchasing Cooperative Auctioneer of Record.
Type: Other
Current Year Budget?: No
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year: to
Annual Operating Cost:
Total Cost:
Appropriation Code Amount Appropriation Comment
0566-00000-364413-000- To be Sale proceeds
0000 Determined
Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City
Approval: Manager 7) Clerk
Cover Memo
Item # 9
Attachment number 1
Page 1 of 1
Fleet Surplus for September 17, 2009 Council Meeting
REASON FOR
ITEM # Asset# YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS 1 DISPOSAL
1 G0512 1994 Ford Ranger Pickup 1 FTCR10U5RTA63733 32443 Condition/Replaced w/used
2 G0951 1990 Eager Beaver Recycler Trailer 112RBJ247LL034644 N/A Budget Elimination/Not Repl
3 G1184 1993 East Transfer Trailer 1 E1 P1 U284PRK13921 N/A Age/Condition/Replaced
4 G1389 1991 Onan 600 KW Generator 1910417928 N/A Age/Condition/Replaced
5 G1521 1995 Ford E150 Cargo Van 1 FTEE14Y8SHC04384 61589 Budget Elimination/Not Repl
6 G1557 1996 Dodge Dakota Pickup Truck 1 B7FL26X2TS607396 57556 Budget Elimination/Not Repl
7 G1818 1997 Ford Crown Victoria Police Chassis 2FALP71 W2VX121910 67971 Condition/Replaced w/used
8 G1852 1997 Ford F350 w/Utility body 3FEKF37H8VMA54694 77639 Age/Condition/Replaced
9 G1857 1996 Display Solutions Message Board S340185 N/A Mercury Study Eliminated
10 G2015 1999 Ford F250 SD Pickup 1 FTNF20L6XEC03398 87812 Age/Condition/Replaced
11 G2109 1999 Chevrolet Silverado Pickup Truck 1 GCEC14V2XZ170763 82768 Age/Condition/Replaced
12 G2439 2001 Ford Taurus 4 dr. Sedan 1 FAFP52U91A209788 115624 Condition/Replaced w/used
13 G2460 2001 Display Solutions Message Board SR345-137 N/A Mercury Study Eliminated
14 G2461 2001 Display Solutions Message Board SR345-138 N/A Mercury Study Eliminated
15 G2462 2001 Display Solutions Message Board SR345-139 N/A Mercury Study Eliminated
16 G2616 2002 Chevrolet Silverado 2500 HD Pickup 1 GCHC24U52E261648 96088 Age/Condition/Replaced
17 G2728 2002 Chev 350OHD w/ Utility body 3GBKC34GX2M111314 95792 Age/Condition/Replaced
18 G2750 2003 Chev 2500 Pickup 1 GCGC24U23Z102155 104839 Age/Condition/Replaced
Item # 9
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a not to exceed amount of $400,000, to pay Gallagher Bassett Services, Inc., for workers' compensation claims due and
payable for the period October 1, 2009 through September 30, 2010. (consent)
SUMMARY:
This amount represents an estimate of claims expenses for the next fiscal year that will become due and payable as a result of workers'
compensation claims occurring between 1984 and 1991.
The City of Clearwater is self-administered for the majority of its workers' compensation claims, but a handful of claims (14 as of
October 1, 2008) are still administered by the City's former third party administrator, Gallagher Bassett Services, Inc. The City's Risk
Management Division pays a fee of approximately $4,000 per year for continued third party services on these claims.
Type: Operating Expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$400,000
10/1/2009 to 9/30/2010
Budget Adjustment:
Annual Operating Cost:
Total Cost:
No
Appropriation Code Amount Appropriation Comment
0590-07000-545800-519- $400,000
000-0000
Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Approval: Manager 8) Clerk
Cover Memo
Item # 10
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve payment of insurance premiums up to $600,000, with effective dates beginning October 1, 2009 through September 30, 2010,
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Risk Management Division of the Finance Department purchases certain insurance coverage for the City. This insurance is
purchased through the efforts of two brokers: Wells Fargo and Arthur J. Gallagher & Co. (Florida).
Risk Management is recommending approval of the following coverages and any other coverages that may become desirable
throughout the year at a cost not to exceed $600,000.
Policy
Term
Est. Premium
Crime & Dishonesty 10/1/09-10/1/10 $ 17,545
Excess Liability/WC 10/1/09-10/1/10 $ 373,760
EMS coverage 10/1/09-10/1/10 $ 80,260
Flood (specific properties) Annual term; various renewal dates $ 40,000
Marina Oper. Legal Liab. 10/1/09-10/1/10 $ 21,000
$ 532,565
There are adequate funds budgeted in the FY2010 proposed budget to pay these premiums.
Type: Operating Expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed: $600,000
For Fiscal Year: 10/1/2009 to 9/30/2010
Budget Adjustment:
Annual Operating Cost:
Total Cost:
None
Appropriation Code Amount Appropriation Comment
0590-07000-545100-519- $600,000
000-0000
Bid Required?: No Bid Number:
Other Bid / Contract: Bid Exceptions: Other
Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City
Approval: Manager 7) Clerk
Cover Memo
Item # 11
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award Bid 26-09 to Mastec North America, Incorporated, 7221 East Martin Luther King Jr. Boulevard Tampa, Florida 33619, for the
period October 1, 2009, to September 30, 2010, for the Installation of Gas Mains and Service Lines and approve a Purchase Order in the
amount of $960,000. (consent)
SUMMARY:
Mastec North America, Incorporated is one (1) of Clearwater Gas System's two (2) contractors who install Gas Mains, Service Lines,
and Underground House Piping to meet residential and commercial customer requirements in support of gas sales and operations.
Mastec North America, Incorporated, was the lowest Bidder on Bid 26-09, Installation of Gas Mains, Service Lines, and House Piping
at Various Locations with an actual bid of $944,350 and has performed satisfactory work under their existing contract, which is set to
expire on 9/30/2009. Mastec has also provided a Performance Bond and Proof of Insurance.
Funds are available in CIP 315-96377, Pinellas New Mains and Service Lines, to support these requirements.
Type: Capital expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
315-96377
Budget Adjustment: None
$960,000 Annual Operating Cost: $960,000
$960,000 Total Cost: $960,000
10/1/09 to 9/30/10
Amount Appropriation Comment
$960,000 Pinellas New Mains and Service Lines
Bid Required?: Yes Bid Number: 26-09
Other Bid / Contract: Bid Exceptions: None
Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager ED 6) Clerk 7) City
Approval: Manager 8) Clerk
Cover Memo
Item # 12
Attachment number 1
Page 1 of 90
CONTRACT DOCUMENTS
FOR
Clearwater Gas System
Installation of Gas Mains and Service Lines at Various Locations
Bid Number 26-09
Bid Date: August 14, 2009
Bid Time: I1:OOAM
Prepared by:
Clearwater Gas System
400 North Myrtle Avenue
Clearwater, Florida 33758
Date: July 24, 2009
Item # 12
Attachment number 1
Page 2 of 90
TABLE OF CONTENTS
Section Description Page
00020 INVITATION TO BID 00020-1
00100 INSTRUCTIONS TO BIDDERS 00100-1
00100.01 Qualifications of Bidder 00100-1
00100.02 Bidder's Responsibility 00100-1
00100.03 Site Conditions 00100-2
00100.04 Omissions and Discrepancies 00100-2
00100.05 Bid Items and Estimated Quantities 00100-2
00100.06 Approved Materials and Equipment 00100-3
00100.07 Sample of Materials 00100-3
00100.08 Proposal Form 00100-3
00100.09 Withdrawal of Proposals 00100-4
00100.10 Bid Security 00100-4
00100.11 Opening of Proposals 00100-4
00100.12 Method of Award 00100-4
00100.13 Execution of Contract 00100-5
00100.14 Time of Completion 00100-5
00100.15 Liquidated Damages 00100-5
00100.16 Extensions of Time 00100-5
00100.17 Certificate of Insurance 00100-6
00100.18 Detailed Breakdown Sheet and Schedule of Prices 00100-6
00100.19 Existing Materials and Equipment 00100-6
00100.20 Qualifications of Bidders 00100-6
00100.21 Standards 00100-6
00140 SUMMARY OF INFORMATION TO BIDDERS 00140-1
00140.01 Obtaining Plans and Specifications 00140-1
00140.02 Owner 00140-1
00140.03 Contract 00140-1
00140.04 Bid Security 00140-1
00140.05 Time of Completion 00140-1
00140.06 Insurance Required 00140-1
00140.07 Scope of Work 00140-2
00300 BID FORMS 00300-1
00310 Proposal Form 00310-1
00320 Bid Schedule 00320-1
Item # 12
Attachment number 1
Page 3 of 90
TABLE OF CONTENTS
Section Description Page
00300 BID FORMS (Continued)
00330 Florida Trench Safety Act Acknowledgment 00330-1
00340 Public Entity Crimes Statement 00340-1
00400 BID SECURITY
00410 Certified Check, Cash or Bid Bond 00410-1
00500 CONTRACT FORMS
00510 Agreement 00510-1
00520 Contractor's Affidavit 00520-1
00530 Contractor's Release 00530-1
00540 Statement of Surety Company 00540-1
00600 BONDS AND CERTIFICATES
00610 Performance - Payment Bond 00610-1
00620 Certificate of Insurance 00620-1
00700 GENERAL CONDITIONS
00700.01 Definitions 00700-1
00700.02 Extent of Contract 00700-2
00700.03 Obligations of Contractor 00700-2
00700.04 Subcontracts 00700-3
00700.05 Separate Contracts 00700-3
00700.06 Bonds 00700-3
00700.07 Additional or Substitute Bond 00700-4
00700.08 Insurance 00700-4
00700.09 Proof of Insurance 00700-5
00700.10 Accidents and Claims 00700-5
00700.11 Mutual Responsibility of Contractors 00700-5
00700.12 Contractor's Liability 00700-6
00700.13 Familiarity with Contract Requirement 00700-6
00700.14 Patent Rights 00700-6
00700.15 Permits and Licenses 00700-7
00700.16 Laws and Regulations 00700-7
00700.17 Dimensions and Elevations 00700-7
Item # 12
Attachment number 1
Page 4 of 90
TABLE OF CONTENTS
Section Description Page
00700 GENERAL CONDITIONS (Continued)
00700.18 Plans, Specifications and Shop Drawings 00700-7
00700.19 Drawings and Specifications Furnished to Contractors 00700-8
00700.20 Working Schedules and Progress Charts 00700-8
00700.21 Supervision and Responsibility of the Contractor 00700-9
00700.22 Serving Notice 00700-10
00700.23 Authority of Engineer 00700-10
00700.24 Observation of the Work 00700-10
00700.25 Examination of the Work 00700-11
00700.26 Protection of the Work and Property 00700-12
00700.27 Use of Completed Portions 00700-13
00700.28 The Owner's Right to Do Work 00700-13
00700.29 Alteration of Plans 00700-13
00700.30 Unauthorized Work 00700-14
00700.31 Claims for Extra Cost 00700-14
00700.32 Changes in the Work 00700-14
00700.33 Extra Work/Increased Compensation 00700-15
00700.34 Suspension of Work 00700-15
00700.35 Defective Work or Materials 00700-16
00700.36 Abandonment of Work 00700-16
00700.37 Forfeiture of Contract 00700-16
00700.38 The Owner's Right to Terminate Contract 00700-17
00700.39 Contractor's Right to Stop Work or Terminate Contract 00700-17
00700.40 No Waiver of Contract 00700-17
00700.41 No Estoppel 00700-17
00700.42 Time for Completion 00700-18
00700.43 Completion of Work Defined 00700-18
00700.44 Delays and Extensions of Time 00700-18
00700.45 Liquidated Damages 00700-18
00700.46 Prices 00700-19
00700.47 Partial Estimates and Payments 00700-19
00700.48 Payments Withheld 00700-19
00700.49 Liens and Final Payments 00700-20
00700.50 Final Approval and Acceptance of the Work 00700-21
00800 SUPPLEMENTARY CONDITIONS 00800-1
00900 ADDENDA 00900-1
Item # 12
Attachment number 1
Page 5 of 90
TABLE OF CONTENTS
Section Description Page
DIVISION 1 GENERAL REQUIREMENTS
01000.01 Traffic Control 01000-1
01000.02 Materials, Equipment and Labor 01000-1
01000.03 Progress Photographs 01000-2
01000.04 Standards 01000-2
01000.05 Storage of Materials and Rights-of-Way 01000-2
01000.06 Utilities 01000-3
01000.07 Safety and Health Regulations 01000-3
01000.08 Use of Chemicals 01000-3
01000.09 By-Passing of Sewage 01000-
3
01000.10 Dewatering and Sewage Pumps 01000-3
01000.11 Lines, Grades and Construction Surveying 01000-4
01000.12 Tests 01000-4
01000.13 Water and Power 01000-4
01000.14 Monuments and Landmarks 01000-4
01000.15 Detours 01000-5
01000.16 Existing Utilities 01000-5
01000.17 Sanitary Measures 01000-5
01000.18 Cleaning Up 01000-5
01000.19 Failure to Clean Up 01000-6
01000.20 Restoration of Surface 01000-
6
01000.21 Project Record Drawings 01000-6
DIVISIONS 2 - 16 SPECIFICATIONS
Item # 12
Attachment number 1
Page 6 of 90
SECTION 00020
INVITATION TO BID
Sealed proposals will be received at the City of Clearwater, Purchasing Department, 100 South
Myrtle Avenue, Clearwater, Florida 33756, in Pinellas County, until on
at which time and place they will be publicly opened and read aloud in
the Conference Room, 100 South Myrtle Avenue, Clearwater, Florida 33756, for furnishing
necessary labor, materials, incidental items, and equipment for the City of Clearwater: Gas
System, Installation of Gas Mains and Service Lines at Various Locations. Specifications and
Contract Documents may be obtained from the City of Clearwater, Florida 33756, at no charge
and are available on-line @ www.myclearwater.com Click on "Online Services Current Bids and
RFP's, then the Bid number. Questions regarding this bid should be directed to Brian Langille,
Operations Manager - (727) 562-4911. Sealed bids must be submitted on proposal forms as
provided (or exact copies thereof) marked Installation of Gas Mains and Service Lines at
Various Locations, for the City of Clearwater, Florida.
All proposals must be accompanied by a certified check, bank draft, or bid bond in the amount of
ten percent (10%) of the base bid, made payable to the City of Clearwater. Which check, bank
draft or bid bond shall guarantee that should the proposal be accepted, the bidder will, within ten
(10) days after the acceptance of his proposal, enter into a contract with the City of Clearwater
for the services proposed to be performed and will at that time furnish performance and payment
bonds each in the amount of 30 percent (30%) of the contract, made payable to the City of
Clearwater, Florida, which bonds shall be adequate to guarantee the faithful performance of the
contract.
Proposals may be withdrawn prior to the date of opening, but no proposal may be withdrawn for
a period of ninety (90) days after the date of the opening of bids.
Plans, specifications and bid forms may be obtained from City of Clearwater, Purchasing
Department, located at 100 South Myrtle Avenue, Clearwater, Florida 33756, at no charge.
The City of Clearwater reserves the right to waive any informalities or to accept or reject any or
all bids in part or in total and award the contract in the best interest of the City.
By:
Date:
Item # 12
Attachment number 1
Page 7 of 90
SECTION 00100
INSTRUCTIONS TO BIDDERS
00100.01 QUALIFICATIONS OF BIDDERS
Bidders shall have successfully completed two (2) contracts for similar work in an amount not
less than one hundred per centum (100%) of the amount of the proposal contract during the past
three years.
Bidders shall have received Contract Documents from the Engineer. The Owner may make such
investigations as he deems necessary to determine the ability of the bidder to perform the work,
and the bidder shall furnish to the Owner any additional information and financial data for this
purpose as the Owner may require. The data shall include a detailed and up-to-date list of
equipment the bidder proposes to use, indicating which portions he already possesses and a
detailed description of the method and program of the work he proposes to follow.
If such an investigation fails to satisfy the Engineer or Owner that the bidder is properly
qualified to complete the work described in the drawings and specifications or to meet the
financial obligations of such a contract, the bid may be rejected. In the event the bidder fails,
refuses, or neglects to submit the requested additional information within ten (10) days of the
date of any request for submission, the bidder's proposal guarantee shall be forfeited to the use of
the Owner, not as a penalty, but as liquidated damages.
00100.02 BIDDER'S RESPONSIBILITY
Each bidder shall familiarize himself with all the attached forms, Instructions, General
Provisions, Specifications, Drawings, etc., as he will be held responsible to fully comply
therewith. Each bidder must visit the site of the proposed work and thoroughly acquaint himself
with conditions affecting the work, all utilities in existence to which connections are to be made,
all other requirements of the contract, and obtain all information necessary for completion of the
work on or before the date specified. Each bidder shall also make himself familiar with all
Federal, State, Local and Municipal laws, ordinances, rules and regulations which in any manner
affect the work, those engaged or employed in the work, or the materials or equipment used in or
upon the work. If the bidder or Contractor shall discover any provision in the plan, specification,
or other contract documents which is contrary to, or inconsistent with, any such law, ordinance,
rule, or regulation, he shall immediately report it to the Engineer in writing. The Contractor shall
not at any time after the execution of his contract set up any claims whatever based upon
insufficient data or incorrectly assuming conditions, nor shall he claim any misunderstanding in
regard to the nature, conditions or character of the work to be done under the contract, and he
shall assume all risks resulting from any changes in the conditions which may occur during the
progress of this work.
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00100.03 SITE CONDITIONS
Any information on site or soil conditions made available to the prospective bidders through data
collected by test borings and presented on the Engineer's drawings or available in preliminary
reports prepared by the Engineer or obtained verbally from a representative of the Owner or the
Engineer does not guarantee that such site or soil conditions will be as described, and are made
available only upon waiver of all responsibility of the Owner and Engineer. It is the Contractor's
sole risk and responsibility to verify such information in order that he may complete the project
as specified and shown on the contract documents. Under no condition will a variation in the
information obtained by the Engineer on site or soil conditions, including underground soil
conditions at the job site, be accepted as a basis in any claim for extra compensation.
00100.04 OMISSIONS AND DISCREPANCIES
Should a bidder find discrepancies in, or omissions from the drawings or other Contract
Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer.
All notice of omissions or discrepancies or request for clarification must be forwarded to the
Engineer in writing not less than six (6) days before the advertised date of the opening of bids.
Such clarification and corrections as are necessary will be issued in the form of an Addendum to
the Contract Documents and will be forwarded to all prospective bidders. Any Addendum so
prepared and forwarded shall be a part of the Contract Documents. Neither the Engineer nor the
Owner will be responsible for any other explanation or clarification of the Contract Documents.
00100.05 BID ITEMS AND ESTIMATED QUANTITIES
The Owner may increase, decrease or omit the estimated quantity of the work to be done under
any item in the best interests of the project and the unit price as submitted in the proposal shall
be the unit price which the Contractor will receive for any work specified to be done under that
item.
All work herein specified or implied in any way in the drawings or specifications shall be done
regardless of whether or not the work is specifically defined in any bid item.
The Contractor agrees that the estimated quantities shown in the Bid Schedule are only for the
purpose of comparing bids and that he/she is satisfied with, and will at no time dispute, the said
estimates as means of comparing the aforesaid bids, that he/she will make no claim for loss of
profits or anticipated profits because of any difference between the said estimated quantities and
the quantities of various classes of work actually furnished or performed, that the Owner shall
not be held responsible if any of the said estimated quantities should vary by any amount from
those actually measured during performance of the work.
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00100.06 APPROVED MATERIALS AND EQUIPMENT
Whenever a material, article or piece of equipment is identified on the plans or in the
specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers,
etc., it is intended to establish a standard of quality and it will be presumed, unless specifically
excepted by the bidder, that the base bid includes the materials or articles so named, and that the
Contractor's proposal, if accepted, will constitute a contractual obligation to furnish the standard
named materials or articles and no other. To assist the Engineer in making an adequate
evaluation, the bidder shall submit with his proposal, at the time bids are received, detailed
information and data on the items he proposes to furnish as equally acceptable to the named
terms. The data furnished shall include as applicable and needed for evaluation, manufacturer's
name, model identification, descriptive brochures, specifications, performance data, guaranteed
efficiencies, and list of installations in similar service. Such alternate material, article or piece of
equipment shall not be purchased or installed by the Contractor without the Engineer's written
approval. Any revisions to the Drawings as a result of alternate equipment shall be at the
expense of the Contractor.
00100.07 SAMPLE OF MATERIALS
Before any contract is awarded, the bidder may be required to furnish a complete statement of
the origin, composition and manufacture of any or all materials to be used in the work, together
with samples, which samples may be subjected to the tests provided for in these specifications to
determine their quality and conformity to the plans and specifications.
00100.08 PROPOSAL FORM
All bids must be submitted on photocopies of the proposal form bound within these
specifications. No proposal will be considered which is submitted otherwise than on the prepared
proposal form and in the designated manner. The blank spaces in the proposal shall be filled in
correctly where indicated for each and every item for which a description is given, and the
bidder must state the prices for which he proposes to do each part of the work contemplated, and
the total amount for all the parts included in any or all of the combinations of the work. In case
of discrepancy, the written words or "Unit Price", where stated, shall be considered as being the
bid price. The bidder shall sign his proposal correctly. If the proposal is made by an individual in
addition to his signature his post office address must be shown; if made by a firm or partnership,
the post office address of each member of the firm or partnership; if made by a corporation, the
person signing the proposal must be President or Vice-President of the corporation. No proposal
will be considered which is not based upon the complete plans and specifications, or which
contains any qualifying letter or written memorandum not permitted in these specifications, or
which is not properly made out and signed in writing by the bidder. The proposal shall be
submitted in a sealed envelope bearing the name of the Contractor and describing the project for
which the proposal is being submitted. Proposals will be accepted by registered mail, and then
only if the proposal is enclosed in another sealed envelope contained within the mailing envelope
and is delivered to the Owner prior to the time established for opening bids.
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00100.09 WITHDRAWAL OF PROPOSALS
Bidders will be given permission to withdraw any proposal after it has been received by the
Owner, provided the bidder, or his agent duly authorized to act for him, personally appears
before the Owner with a written request prior to the time set for the opening of bids. At the time
set for the opening of proposals the withdrawn proposal will be returned unopened to the bidder.
00100.10 BID SECURITY
Each proposal must be accompanied by the bidder's bid bond or certified check made payable to
the Owner in the amount specified in the proposal form, which sum will serve as bid security and
will be forfeited to the Owner as liquidated damages in the event an award is made and the
contract and bonds are not promptly and properly executed as required in the specifications. All
certified checks, except those accompanying the two lowest bids, will be returned by certified
mail to the unsuccessful bidders within seven (7) days after the date of the bid opening. (If the
signing of the contract be deferred for a period exceeding two (2) weeks, and the second low
bidder desires to substitute a bid bond for his certified check and the bid bond fully guarantees
his bid, he shall be permitted to do so). The certified checks accompanying the two low bids will
be returned within three (3) days after the Owner and the successful bidder have executed the
contract. In the event no contract award is made within the time limit specified, each certified
check or bid bond will be returned upon the demand of the bidder.
00100.11 OPENING OF PROPOSALS
All proposals will be publicly opened and read, on the date, at the place and commencing at the
time stated in the advertisement. Bidders or their authorized agents should be present. The
Owner reserves the right to reject any or all bids or parts thereof. Proposals may be rejected if
they show any omissions, alterations of form, additions or deductions not called for, conditional
or uninvited alternate bids, or irregularities of any kind. Proposals in which the prices are
unbalanced may be rejected. The Owner reserves the right to accept the bid that will best serve
his interests.
00100.12 METHOD OF AWARD
Bids will be compared on the basis of the total costs of estimated quantities established in the
proposal form, constructed at the unit or lump sum prices bid for the various items listed. The
contract will be awarded to that responsible bidder whose proposal totals the lowest number of
dollars for a complete installation.
The successful bidder will be officially notified in writing by the Owner of the acceptance of his
proposal and award of contract. This notification will be made within the time limit set up in the
contract documents.
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00100.13 EXECUTION OF CONTRACT
The bidder to whom the contract is awarded must, within ten (10) calendar days following
Notice of Award, present himself to the place designated in the official Notice of Acceptance, for
signing of the contract, and to substitute for the bid security, a surety performance and payment
bond in the amount of thirty per centum (30%) of the contract price of the work, conditioned that
the Contractor will faithfully perform all work of this contract and promptly pay for all materials
furnished and labor supplied or performed in the execution of all work. All bonds and insurance
shall be issued by companies authorized to transact business in the State of Florida.
If the lowest responsible bidder to whom the contract is awarded fails to give bonds or execute
the contract within the time specified, the amount of the proposal guarantee shall be forfeited to
the Owner, not as a penalty but as liquidated damages.
00100.14 TIME OF COMPLETION
The successful Contractor shall commence work under his contract on a date to be specified in a
written order from the Owner or his authorized representative, which order will also establish the
completion date in accordance with the total number of consecutive calendar days established as
a working period in the proposal. The Contractor shall have at least two (2) weeks notice of this
commencement date and shall fully complete the work described in these plans and
specifications on, or prior to, the completion date.
If the Contractor fails to commence work within seven (7) days of the announcement of the
official starting date, this shall be just cause for the annulment of the contract.
00100.15 LIQUIDATED DAMAGES
Should the Contractor fail to complete his work on or before the expiration of the date set for
completion or as provided in the Contract Documents covering extension of time, then the
Owner may retain as liquidated damages the amount established in the proposal form, which
amount is agreed upon as the costs which the Owner will sustain per diem by the failure of the
Contractor to complete the work at the time stipulated and the sum is not to be construed as in
any sense a penalty.
00100.16 EXTENSIONS OF TIME
If the Contractor shall be delayed at any time in the progress of the work by any cause beyond
the Contractor's control and without his fault or negligence, including but not restricted to any
act or neglect of the Owner, or of his employees, or by any other contractor employed by the
Owner, or by changes ordered in the work, acts of God or of the public enemy, fires, floods,
epidemics, quarantines, strikes, lockouts, riots, civil commotions or freight embargoes or by
delay authorized by the Owner, or by any cause which the Owner shall decide to justify the
delay, then the time of completion shall be extended for such reasonable time as the Owner shall
decide. No such extensions of time shall be deemed a waiver by the Owner of its right to
terminate the contract for abandonment or delay by the Contractor as herein provided or relieve
the Contractor from full responsibility for performance of his obligations hereunder.
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The Owner shall determine the number of calendar days, if any, that the Contractor is in default
in completing the work to be done under this contract. The decision of the Owner shall be final
in the case and shall be binding and conclusive upon all parties to the contract.
00100.17 CERTIFICATE OF INSURANCE
The successful bidder shall submit certificates or other documentary evidence to the Owner for
approval, covering Workmen's Compensation Insurance, Public Liability, Property Damage
Insurance, and Special Hazard Insurance, in the amounts specified on the "Summary of
Information to Bidders."
00100.18 DETAILED BREAKDOWN SHEET AND SCHEDULE OF PRICES
The successful bidder shall submit, in a mutually acceptable form, a detailed breakdown sheet
and schedule of prices of the proposed construction work. Until the Owner approves the
breakdown, the Owner will not be obligated to make any payments to the bidder.
00100.19 EXISTING MATERIALS AND EQUIPMENT
All existing materials and equipment not specified for the complete construction of the project,
or shown on the plans to be retained or reused, shall remain the property of the Owner and shall
be placed on the project site as the Owner may direct.
00100.20 QUALIFICATIONS OF BIDDERS
In addition to qualifications previously set forth in these specifications, no bid will be considered
unless the bidder, whether resident or non-resident of Florida, is properly qualified to submit a
proposal for this construction in accordance with all applicable laws of the Municipality, County,
and the State of Florida.
00100.21 STANDARDS
This project shall be completed in accordance with these specifications unless noted or otherwise
directed by the Owner or his authorized representative. The decision of the Owner in
interpreting these specifications shall be final.
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SECTION 00140
SUMMARY OF INFORMATION TO BIDDERS
00140.01 - OBTAINING PLANS AND SPECIFICATIONS
Specifications, Proposal Forms, Drawings, and other contract documents may be examined at the
City of Clearwater, Purchasing Department, 100 South Myrtle Avenue, Clearwater, Florida,
33756. A complete set of bidding documents may be obtained at the office of City of
Clearwater, Purchasing Department, 100 South Myrtle Avenue, Clearwater, Florida 33756.
00140.02 - OWNER
The Owner for this project is the City of Clearwater, 100 South Myrtle Avenue, Clearwater,
Florida, 33756.
00140.03 - CONTRACT
The contract is entitled "Installation of Gas Mains and Service Lines at Various Locations".
00140.04 - BID SECURITY
Each Bidder must deposit with his bid a bid bond in the amount of ten percent (10%) of the bid
total, made payable to the City of Clearwater. All bids may be held for a period of days
after receipt.
00140.05 - TIME OF COMPLETION
The time of completion for this contract is October 1, 2009 to September 30, 2010.
INSURANCE REQUIREMENTS
The insurance requirements for this contract include but are not limited to the following:
Liability Insurance. The following Liability Insurance shall be provided, paid for, and
maintained during the entire contract period:
Comprehensive General Liability and Auto Liability Insurance on an "occurrence" basis
in an amount not less than $1,000,000 combined single limit Bodily Injury and Property
Damage Liability Insurance.
Worker's Compensation Insurance applicable to its employees, if any, for statutory
coverage limits in compliance with Florida Law.
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Professional Liability/Malpractice/Errors or Omissions Insurance, as appropriate for the
type of business engaged in by the vendor, shall be purchased and maintained by the
vendor with minimum limits of $500,000 per occurrence.
Additional Insured. The City is to be specifically included as an additional insured on all
Liability Insurance coverage described above.
Notice of Cancellation or Restriction. All Insurance policies must be endorsed and provided to
the City with thirty (30) days notice of cancellation or restriction.
Certificates of Insurance/Certified Copies of Policies. The contractor shall provide the City with
a certificate or certificates of insurance showing the existence of the coverage described above.
The contractor shall maintain this coverage with a current certificate or certificates of insurance
throughout the term of the contract with the City. When specifically requested by the City in
writing, the contractor will provide the City with certified copies of all policies of insurance as
required above. New certificates and new certified copies of policies shall be provided to the
City whenever any policy is renewed, or obtained from other insurers. The certified copies will
be provided to:
City of Clearwater
Attention: City Clerk
P.O. Box 4748
Clearwater, Florida 34618-4748
The contractor shall defend, indemnify, save and hold the City harmless from any and all claims,
suits, judgments and liability for death, personal injury, bodily injury, or property damage arising
directly or indirectly from any performance under this contract, or a subsequent purchase order
entered into by the City and the contractor, its employees, subcontractors, or assigns, including
legal fees, court costs, or other legal expenses. The contractor acknowledges that it is solely
responsible for complying with the terms of this contract or purchase order. In addition, the
contractor shall, at its expense, secure and provide to the City, when requested all insurance
coverage in this contract.
Any party providing services or products to the City will be expected to enter into a written
agreement, contract, or purchase order that incorporates, either in writing or by reference, all of
the pertinent provisions relating to insurance requirements as contained herein. A failure to do
so may, at the sole option of the City, disqualify any contractor, bidder or provider of services
and/or products to the City.
00140.07 - SCOPE OF WORK
The work to be performed under these contracts shall consist of the furnishing of all labor and
equipment necessary to satisfactorily complete the City of Clearwater: Installation of Gas Mains
and Service Lines at Various Locations, including written logs and testing in accordance with
these plans and specifications. All workmanship shall be fully guaranteed for a period of one
year after date of acceptance by the Owner. All Testing shall be paid by the Contractor. All
Professional Surveying shall be paid by the Contractor.
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SECTION 00310
PROPOSAL
TO: City of Clearwater
The following proposal is submitted in accordance with your advertisement inviting proposals to
be received until for the construction of Installation of Gas
Mains and Service Lines at Various Locations.
Having carefully examined the contract documents together with all addenda or bulletins, all as
prepared by Tampa Bay Engineering, Consulting Engineers, 380 Park Place Blvd., Suite 300,
Clearwater, Florida, 33759 and being familiar with the various conditions of the work, the
undersigned herein agrees to furnish all materials required and to perform all labor necessary to
satisfactorily construct the "Installation of Gas Mains and Service Lines at Various
Locations" in accordance with the plans and specifications for the unit prices stated herein.
Accompanying this proposal is a Certified or Cashier's Check or Bid Bond in the amount of ten
percent (10%) of the bid total drawn upon the
BANK and made payable to the City of Clearwater, to serve as bid security.
The undersigned hereby certifies that this proposal is genuine and not sham or collusive, or made
in the interest or in behalf of any person, firm, or corporation not herein named and that the
undersigned has not directly or indirectly induced or solicited any other bidder to submit a sham
bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned
has not in any manner sought by collusion to secure for himself an advantage over any other
bidder.
The undersigned Bidder agrees to accept the unit prices as full compensation for work
performed.
ACKNOWLEDGMENT is hereby made of receipt of the following ADDENDA issued during
the bidding period, if any:
Addendum #I
Addendum #2
Addendum #3
Dated:
Dated:
Dated:
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ATTEST:
Bidder's Business Name
Corporate Secretary
By:
Officer (or Principal)
Title
AFFIX CORPORATE SEAL,
if a corporation
Business Address
Business City/State/Zip Code
Business Telephone Number
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SECTION 00320
BID TABULATION SUMMARY
ITEM
NO.
AMOUNT
1 Services/Plastic
2 Mains/Plastic
3 Mains Steel
4 Casing Push/Missile
5 Jack and/or Bore Steel
6 Directional Bore
7 Weld Tapping Tees-Site Preparation and Restoration
8 Other Pay Items
9 Pipe Removal
10 Underground Exterior House Piping
TOTAL BASE BID
Total Base Bid in Words
Dollars
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SECTION 00330
FLORIDA TRENCH SAFETY ACT ACKNOWLEDGMENT
PROJECT: "Installation of Gas Mains and Service Lines at Various Locations"
BIDDER'S NAME:
Bidder acknowledges that included in the various items of the proposal in the Total Bid Price are costs for
complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The
bidder further identifies the costs to be summarized below:
Trench Safety
Measure Units of Measure Unit Extended
(Description) (LF, SY) (Quantity) Unit Cost Cost
A. Shoring LF NA NA
B.
C.
D.
*TOTAL:
This total amount is incidental to the contract bid price and is provided only as bidder
acknowledgment of the Florida Trench Safety Act.
Failure to complete the above may result in the bid being declared non-responsive.
Bidding Contractor Signature
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SECTION 00340
PUBLIC ENTITY CRIMES STATEMENT
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES.
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL
AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to City of Clearwater
(print name of the public entity)
by _
for
(print individual's name and title)
(print name of entity submitting sworn statement)
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN)is
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement:
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of business
with any public entity or with an agency or political subdivision of any other state or with the United States,
including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an
agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation.
I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or
state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of
a jury verdict, non jury trial, or entry of a plea of guilty or polo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity under the control of any natural person who is active in the management of the entity and who
has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment
or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie
case that one person controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or
entity organized under the laws of any state or of the United States with the legal power to enter into a binding
contract and which bids or applies to bid on contracts for the provision of goods or services let b a public entity,
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or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the
entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.
- The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the
entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
- The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members or agents who are active in the management of the entity, or an affiliate of the
entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there
has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative
Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to
place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
Sworn to and subscribed before me this
Personally known
day of , 2009.
OR Produced Identification
Notary Public - State of Florida
My Commission expires
(Type of identification)
(Printed, typed or stamped
Commissioned name of notary public)
Form PUR 7068(Rev.06/18/92)
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SECTION 00410
CERTIFIED CHECK, CASH OR BID BOND
(Attach certified check, cash or bid bond here)
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SECTION 00510
AGREEMENT
THIS AGREEMENT, made and entered this 1st day of October, 2009, A.D., by and between the
City of Clearwater, FL, a municipal corporation, hereinafter called the "OWNER", and
Contractor, hereinafter called the "CONTRACTOR".
WITNESSETH, That for and in consideration of the payments and agreements to be made and
performed by the Owner, the Contractor, at its own cost and expense and with skill and
diligence, will construct and complete all work shown on the Drawings and described in the
Specifications entitled "Installation of Gas Mains and Service Lines at Various Locations",
Bid #26-09.
1. The Contractor shall provide and furnish all labor, materials, necessary tools, expendable
equipment, and all utility and transportation service required to complete the work
provided for in this contract. It is understood and agreed that said labor, materials, tools,
equipment and service shall be furnished and said work performed and completed subject
to the satisfaction of the Owner and subject to the final approval of the Owner and its
authorized representatives. The term of this agreement shall begin October 1, 2009 and
terminates September 30, 2010. Any amendment must be in writing and agreed to both
parties.
2. The Contractor agrees to receive the prices stated in the Proposal attached in full
compensation for furnishing material and labor and executing all the work contemplated
in this Contract; the contract amount shall not exceed $X.00 (actual bid of $X.00), based
on the estimated quantities in the Bid. Owner reserves the right to purchase any amount
up to the estimated quantities based on its needs as determined solely by Owner. Owner
and Contractor agree that there are no minimum requirements for purchase in this
Agreement; the Contractor, for such consideration, shall be responsible for all claims,
causes of action, loss or damages arising out of the nature of the work aforesaid or from
any action of the elements; or from any unforeseen obstruction or difficulties which may
be encountered of every description connected with the work, and furnishing the
materials, until their final completion and acceptance.
3. The work on the site is to be commenced when directed by the Owner or his authorized
representative.
4. To prevent disputes, it is agreed by and between the parties to this Contract that the
Owner or his authorized representative shall in all cases determine the quality and
quantity of the several kinds of work and materials which are to be paid for under this
Contract, and he shall determine questions in relation to lines, levels and dimensions of
work. The Owner shall determine questions in relation to interpretation of the plans and
specifications.
5. Payment shall be made in accordance with provisions as outlined elsewhere in these
Contract Documents.
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6. The Contract Documents shall consist of the following all of which are familiar to the
Contractor and which are incorporated herein by reference:
1. Invitation to Bid 7. General Conditions
2. Instructions to Bidders 8. Supplementary Conditions
3. Summary of Information to Bidders 9. Addenda
4. Bid Forms 10. General Requirements
5. Agreement Forms 11. Specifications
6. Bonds and Certificates 12. Contract Drawings
7. This agreement, together with these documents, form the contract, and they are as fully a
part of the Contract as if hereto attached or herein repeated.
8. Contractor shall at all times supply adequate tools, appliances, equipment, a sufficient
number of properly skilled workmen, and a sufficient amount of materials and supplies of
proper quality to efficiently and promptly prosecute the work provided for herein and
shall promptly pay for all material purchased and shall pay all workmen each week, and
if required by the Owner, shall obtain and furnish Owner weekly with signed receipts
from all workmen showing the date of payment, the amount paid, number of hours paid
for, the days on which said work was performed, the classification of the labor so paid,
and the rate of wage per hour paid and shall supply Owner weekly with two (2) copies of
the payroll verified by an affidavit. Contractor shall, as often as requested by the Owner,
furnish a sworn statement showing all parties who furnished labor or materials to the
Contractor, with their names and addresses and the amount due or to become due each.
A like statement may be required from any subcontractor of the Contractor.
9. Should the Contractor default in any of the provisions of this contract and the Owner
employs an attorney to enforce or construe any provision hereof or to collect damages for
breach of the agreement or to recover on any bonds provided for herein, the Contractor
and/or his surety agree to pay the Owner such reasonable attorney's fees as the Owner
may expend therein. As against the obligations contained herein, the Contractor and his
surety waive all rights of exemption.
10. The undersigned Contractor agrees that he has carefully inspected all contract documents
and is familiar with the same, and agrees that he is responsible for having heretofore
examined the site, the location and route of all proposed work, and for having satisfied
himself as to the character of said route, the location of surface and underground
obstructions and nature thereof, the nature of the ground water table conditions and other
physical characteristics of the work and the work site in order that he may include in the
price which he has bid and the price of this contract all costs pertaining to the work, and
the contract price is based upon these inspections and examinations.
11. This contract shall not be construed for or against any party because that party wrote it.
12. The Contractor and the Owner for themselves, their heirs, executors, administrators,
successors, and assigns, hereby agree to the full performance of the covenants herein
contained.
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Attachment number 1
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IN WITNESS WHEREOF THEY HAVE EXECUTED THIS AGREEMENT.
(CONTRACTOR SEAL)
(FOR THE CONTRACTOR
(
(
(By:
Witness for the Contractor
Countersigned:
Frank Hibbard
Mayor-Councilman
APPROVED AS TO
FORM:
Laura Mahony
Assistant City Attorney
(City of Clearwater, Florida
(
(
(
(
(
(
(By:
William B. Horne, II
City Manager
(ATTEST:
(
(
(
(By:
Cynthia E. Goudeau
City Clerk
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Attachment number 1
Page 25 of 90
SECTION 00520
CONTRACTOR'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF
Before me, the undersigned, a Notary Public, duly commissioned, qualified and acting in and for
said County and State personally appeared
(Individual, Partner, or duly authorized representative of Corporate Contractor) who being duly
sworn according to law deposes and says that all labor, material and outstanding claims and
indebtedness of whatever nature arising out of the performance of the contract of the
(Owner) with
(Contractor) have been paid in full.
(Individual, Partner, or duly authorized representative of Corporate Contractor)
Sworn to and subscribed before me this _ day of , 200.
Notary Public
SEAL
Commission expires:
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SECTION 00530
CONTRACTOR'S RELEASE
KNOW ALL MEN BY THESE PRESENTS that ,
a Contractor in the County of and State of , do hereby
acknowledge that (Contractor) this day has had and received of and
from the City of Clearwater, the sum of One Dollar and other valuable consideration in full
satisfaction and payment of all sums of money owing, payable and belonging to
(Contractor) by any means whatsoever, for on account of a certain agreement between the said
City of Clearwater and
(Contractor) dated.
NOW THEREFORE, the said (Contractor)(for myself, my heirs,
executors and administrators)(for itself, its successors and assigns) do by these presents remise,
release, quitclaim and forever discharge the said City of Clearwater, its successors and assigns,
of and from all claims and demands arising from or in connection with the said agreement dated
, and of and from all, and all manner of action and actions, cause and causes of action and
actions, suits, debts, dues, sums and sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, agreements, promises, variances, damages, judgments, extents,
executions, claims and demand, whatsoever in law or equity, or otherwise which against the said
City of Clearwater, its successors or assigns, the Contractor, its heirs, successors and assigns
ever had, now have, or which (I, my heirs, executors, or administrators)(it, its successors and
assigns) hereafter can, shall or may have, for, upon or by reason of any matter cause or thing
whatsoever, from the beginning of the world to the date of these presents.
IN WITNESS WHEREOF, (Contractor) has caused these
presents to be duly executed the _ day of , 200.
Signed, Sealed and Delivered in the presence of:
(SEAL)
(Individual Contractor)
ATTEST: (SEAL)
(Partnership Contractor)
By (SEAL)
(Secretary) (Partner)
(Corporation)
AFFIX CORPORATE SEAL,
if a corporation By
(President or Vice President)
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SECTION 00540
STATEMENT OF SURETY COMPANY
In accordance with the provisions of the contract dated between the City
of Clearwater, Owner of and (Contractor) of
, the (Surety) surety on the bond of
(Contractor) after a careful examination of the books and records of said Contractor or after
receipt of an affidavit from Contractor, which examination or affidavit satisfies this company
that all claims for labor and materials have been satisfactorily settled, hereby approves of final
payment of the said (Contractor), Contractor, and by these
presents witnesseth that payment to the Contractor of the final estimates shall not relieve the
Surety Company of any of its obligations to the by the said Surety
Company's Bond.
IN WITNESSETH WHEREOF, the said Surety Company has hereunto set its hand and seal this
day of , 200.
ATTEST:
SEAL
By
(President, Vice President)
Note: This statement, if executed by any person other than the President or
Vice President of the Company, must be accompanied by a certificate of even
date showing authority conferred upon the person so signing to execute such
instruments on behalf of the Company represented.
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SECTION 00610
PERFORMANCE - PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we , a
Corporation (Corporation-Partnership-Sole Proprietor, Etc.), hereinafter called "Principal" and
(Surety) of , State of Florida, hereinafter
called the "Surety," are held and firmly bound unto the , hereinafter called
"Owner" in the penal sum of Dollars, in lawful money of the United
States for the payment of which sum will and truly be made, we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION is such that Whereas, the Principal entered into a
certain contract with the Owner, dated the day of , 200_, a copy of
which is attached hereto and made a part hereof for the construction of:
Installation of Gas Mains and Service Lines at Various Locations.
NOW. THEREFORE, if the Principal shall, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said contract during the original
term thereof, and any extensions thereof which may be granted by the Owner, with or without
notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract,
and shall fully indemnify and save harmless the Owner from all costs and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and
expense which the Owner may incur in making good any default, and shall promptly make
payment to all persons, firms, subcontractors, and corporations furnishing materials for or
performing labor in the prosecution of the work provided for in such contract, and any
authorized extension or modification thereof, including all amounts due for materials, lubricants,
oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with
the construction of such work, and all insurance premiums on said work, and for all labor,
performed in such work whether by subcontractor or otherwise, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for the value received hereby stipulates and
agrees that no change, extension of time, alterations or additions to the terms of the contract or to
the work to be performed hereunder or the specifications accompanying the same shall in
anyway affect its obligation 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.
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PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, the said Principal and Surety have duly executed this instrument
under seal in counterparts, each one of which shall be deemed an original, this the day
of , 200.
ATTEST:
(Principal) Secretary
(SEAL)
(Witness as to Principal)
(Address)
(City/State/Zip)
(Principal)
By
(Address)
(City/State/Zip)
(Surety)
ATTEST:
(Surety)
(SEAL)
By
(Address)
(Witness as to Surety)
(Address)
(City/State/Zip)
Note: Date of Bond must not be prior to date of Contract.
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SECTION 00620
CERTIFICATE OF INSURANCE
(Attach insurance certificates here)
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SECTION 00700
GENERAL CONDITIONS
00700.01 DEFINITIONS
The Contract Documents consist of the Advertisement for Bids, Instructions to Bidders,
Summary of Information to Bidders, Method of Payment, Proposal (as accepted), Contract,
General Conditions, the Technical Specifications and the Drawings, including all modifications
and addenda thereof incorporated in the documents before their execution. These form the
Contract.
The Owner as used herein shall refer to and designate a public body or authority, corporation,
association, partnership or individual for whom the work is to be performed, or his or their
authorized representative or agent.
The Contractor is the individual, partnership, corporation or other entity undertaking to do the
work herein specified, or his or their heirs, legal representatives, successors or assigns. When
more than one prime contract is awarded for a single project the general contractor shall be so
designated by the Owner.
The Engineer shall be Clearwater Gas System. The word Engineer shall include the officers,
agents and employees of Clearwater Gas System.
A Subcontractor shall be an individual, partnership, corporation or other entity having a direct
contract with the Contractor to furnish material, work to a special design according to the plans
and specifications of this work, or supplying specialized labor and materials for this work. This
does not include one who merely furnishes material or labor not particular to this project.
Written Notice shall be deemed to have been fully served if delivered in person to the individual,
or to a member of the firm, or to an officer of the corporation, for whom it is intended, or if
delivered at or sent by registered mail to the last business address known to him who gives
notice.
The term "Work" of the Contractor or the Subcontractor includes labor or materials, or both,
equipment, transportation, or other facilities necessary to complete the contract.
All time limits stated in the Contract Documents are the essence of the Contract.
Whenever the word "approved" is used herein, it shall be held, unless otherwise specified, to
mean as approved by the Owner. Similar use will be made of the words "directed," "required,"
"permitted," and words of like import.
00700.02 EXTENT OF CONTRACT
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The Advertisement for Bids, Instructions to Bidders, Summary of Information to Bidders,
Method of Payment, Proposal (as accepted), Contract, General Conditions, the Technical
Specifications, and the Drawings are, and shall be taken to be, parts of this Contract. All work
and materials mentioned in the specifications and not shown on the drawings and all work and
materials shown on the drawings and not mentioned in the specifications, and all work and
materials necessary for the completion of the work according to the true intent and meaning of
the contract drawings and specifications, and all work and materials required to complete the
entire facility as described in the Advertisement shall be furnished, performed and done, as if the
same were both mentioned in the specifications and shown on the drawings.
The drawings which accompany the specifications are herein designated contract drawings and
are for the purpose of illustrating the general character and extent of the work and are subject to
such modifications and elaboration's by the Owner and Engineer as may be found necessary or
advisable, either before or during the prosecution of the work, and the Contractor shall conform
to and abide by whatever supplementary drawings and explanations that may be furnished by the
Engineer for the purpose of illustrating the work. The Engineer shall decide as to the true
meaning or intention of any portion of the specifications and drawings where the same may be
found unclear or in conflict.
Should anything be omitted from the contract drawings or specifications which is necessary for a
clear understanding of the work, or should any error appear either in any of the various
instruments furnished or in the work done by other Contractors affecting the work included
under this contract, the Contractor shall promptly notify the Engineer of such omissions or
errors, and in the event of the Contractor's failure to do so, he shall make good any damage to or
defect in his work caused thereby. He will not be allowed to take advantage of any error or
omission on the contract drawings, as full instructions will be furnished by the Engineer, should
such error or omission be discovered, and the Contractor shall carry out such instructions as if
originally specified.
00700.03 OBLIGATIONS OF CONTRACTOR
The Contractor shall, at his own cost and expense unless otherwise specified, furnish all the
necessary materials, labor, supervision, superintendent, tools and appliances, and shall construct,
finish and test in a substantial and workmanlike manner the work of this contract within the time
and in the manner specified and in accordance with the contract drawings.
The Contractor shall complete the entire work to the satisfaction and approval of the Owner and
shall accept in consideration of, and as full compensation for the work, the sums set opposite the
respective classes of work and materials named in the Contract and proposals herein contained,
the said sums being the amount at which the Contract therefore was awarded to the Contractor.
Acceptance or approval of the work or materials by the Owner does not relieve the Contractor
from liability for poor or defective workmanship and/or materials and any such acceptance or
approval is understood to relate to work or materials which can be observed and does in no way
pertain to latent defects or defects ascertainable through testing.
00700.04 SUBCONTRACTS
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The Contractor shall not assign or sublet the whole or any part of the work without the written
consent of the Owner and without the written approval by the Owner of the specific party to
whom it is proposed to assign or sublet the same. No such consent and approval, and no approval
of the form of such assignment or subletting, shall release or relieve the Contractor from any of
the obligations and liabilities assumed by him under this Contract, and, as between the parties
hereto, the Contractor shall remain responsible and liable as if no such assignment or subletting
had been made. Nothing contained in the Contract documents shall create any contractual
relationship between any subcontractor and the Owner.
00700.05 SEPARATE CONTRACTS
The owner reserves the right to let other contracts in connection with this work. The Contractor
shall afford other contractors reasonable opportunity for the introduction and storage of their
materials and the execution of their work, and shall properly connect and coordinate his work
with theirs.
If any part of the Contractor's work depends for proper execution or results upon the work of any
other contractor, the Contractor shall inspect and promptly report to the Owner any defects in
such work that render it unsuitable for such proper execution and results. His failure to so inspect
and report shall constitute an acceptance of the other contractor's work as fit and proper for the
reception of his work except as to defects which may develop in the other contractor's work after
the execution of his work.
To insure the proper execution of his subsequent work, the Contractor shall measure work
already in place and shall at once report to the Owner any discrepancy between the executed
work and the drawings.
Wherever work being done by the Owner's forces or by other contractors is contiguous to work
covered by this Contract, the respective rights of the various interests involved shall be
established by the Owner, to secure the completion of the various portions of the work in general
harmony.
00700.06 BONDS
The bidder to whom the Contract is awarded must, within ten (10) calendar days following
notice of award, present himself to the place designated in the official notice of acceptance, for
signing of the Contract and the plans, and to substitute for the bid security, a surety
performance-payment bond in the amount of thirty per centrum (30%) of the Contract price,
conditioned that the Contractor will faithfully perform all work of this contract and promptly pay
for all materials furnished and labor supplied or performed in the prosecution of all work. All
bonds and insurance shall be issued by companies authorized to transact business in the State of
Florida and acceptable to the Owner.
00700.07 ADDITIONAL OR SUBSTITUTE BOND
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If at any time the Owner shall be or become dissatisfied with any Surety or Sureties then upon
the Performance, Maintenance, Material and Labor Bond, or if for any reason such Bonds shall
cease to be adequate security to the Owner, the Contractor shall, within five (5) days after notice
from the Owner to do so, substitute an acceptable bond or bonds in such form and sum and
signed by such other Sureties as may be satisfactory to the Owner. The premium on such Bond
or Bonds shall be paid for by the Contractor. No further payments shall be deemed due nor shall
be made until the new Sureties have qualified.
00700.08 INSURANCE
A: General
The Contractor shall not commence work under this contract until he has obtained all insurance
required, as specified on the "Summary of Information to Bidders," submitted certificates for this
insurance, and such insurance has been approved by the Owner; nor shall the Contractor allow
any subcontractor to commence work on his subcontract until all similar insurance required of
the subcontractor has been so obtained and approved. The Owner, however, may accept
insurance covering a subcontractor in character and amounts less than the standard requirements
because of the character or the extent of the work to be performed by such subcontractor, such
acceptance by the Owner must be expressly stated in writing.
B: Worker's Compensation
The Contractor shall take out and maintain during the life of this contract adequate Worker's
Compensation Insurance for all his employees employed at the site of the project and in case any
work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's
Compensation Insurance for the latter's employees, unless such employees are covered by the
protection afforded by the Contractor. Coverage shall include Employer's Liability, Voluntary
Compensation and U.S. Longshoremen's and Harbor Workers Act Coverage where applicable.
The Contractor shall, at all times, indemnify and save harmless the Owner and the Engineer, of
and from all claims for Worker's Compensation which may be made by any of the employees of
the Contractor or by any of the employees of any subcontractor to whom the Contractor may
have let the performance of any part of the work embraced by this Contract and the Contractor
will appear for and defend the Owner and Engineer against any and all such claims.
C: Public Liability and Property Damage
Each Contractor shall take out and maintain during the life of the Contract such Public Liability
and Property Damage insurance as shall protect the Owner, the Engineer, the Contractor, and
any subcontractor performing work covered by this Contract from claims for damages for
personal injury, including wrongful death, as well as from claims for property damages, which
may arise from performance related to this contract, whether such performance be by himself or
by any subcontractor or any person directly or indirectly employed on the project.
D: Fire Insurance
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The Contractor shall, from commencement of the Contract and until final acceptance by the
Owner upon completion of the entire contract, maintain insurance on all insurable items of the
work included in the Contract against loss or damage by fire or lightning and those periods
covered by the extended coverage endorsement. This insurance shall be listed in the names of the
Owner; Trustee; Contractor; and his subcontractors as their respective interests may appear, in
such amounts as shall fully protect the interests of the Owner; Trustee; Contractor; or any of his
subcontractors.
The risk of loss or damage to the construction work due to the perils covered by the said fire
policy with extended coverage, as well as any other hazards which might result in damage to the
construction work, is that of the Contractor and Surety, and no claims for extra money by the
Contractor for such loss or damage shall be recognized by the Owner nor will such loss or
damage excuse the complete and satisfactory performance of the Contract by the Contractor.
E: Special Hazards
Special hazards, if there is a possibility of such hazards existing in the work contemplated, shall
be covered by rider or riders to the policy or policies. Two such possible hazards are blasting and
environmental damage.
00700.09 PROOF OF INSURANCE
Contractor shall, prior to executing the Contract, deliver to the Owner, proper evidence of
carriage of the insurance required by this Contract. Certificates will be acceptable proof of
public liability, property damage and Worker's Compensation Insurance. An original policy of
fire insurance must be submitted to the Owner as soon as an insurable interest exists.
00700.10 ACCIDENTS AND CLAIMS
The Contractor shall be held responsible for all accidents and shall indemnify and protect the
Owner and Engineer from all suits, claims and actions brought against it, and all cost for liability
to which the Owner or Engineer may be put for any injury or alleged injury to the person or
property of another resulting from negligence or carelessness in the performance of the work, or
in protection of the project site, or from any improper or inferior workmanship, or from inferior
materials used in the work.
00700.11 MUTUAL RESPONSIBILITY OF CONTRACTORS
Should a Contractor in the performance of his Contract cause damage to any person, any
property, or work of another Contractor working on this project, he shall, upon due notice to do
so from the Owner or other party to the damage, arrange for an amicable settlement thereon. It is
agreed by all parties herein that such disputes shall not delay completion of the work, nor be
cause for claim against the Owner or Engineer. Work shall be continued by the party claiming
damages at his expense, subject to such damages as may be obtained by due course of law.
00700.12 CONTRACTOR'S LIABILITY
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The status of the Contractor in the work to be performed by him under this Contract is that of an
independent Contractor and that as such he shall properly safeguard against any and all injury or
damage to any person, to public and private property, materials and things; and that, as such, he
alone shall be responsible for any and all damage, loss or injury to persons or property that may
rise, or be incurred, in or during the conduct or progress of said work without regard to whether
or not the Contractor, his subcontractors, agents, or employees have been negligent; and that
Contractor shall keep the Owner and Engineer free from, and shall discharge any and all
responsibility and therefore of any sort or kind. The Contractor shall assume all responsibility for
risks or casualties of every description, for any or all damage, loss or injury to persons or
property arising out of the nature of the work, from the action of the elements, or from any
unforeseen or unusual difficulty, the Contractor shall assume and be liable for all blame and loss
of whatsoever nature by reason of neglect or violation of any federal, state, county, or local laws,
regulations or ordinances; that Contractor shall indemnify and save harmless the Owner and
Engineer all their officers, agents, and employees, from all suits or actions at law of any kind
whatsoever in connection with this work and shall, if required by the Owner, produce evidence
of settlement of any such action before final payment shall be made by the Owner. Contractor
acknowledges receipt of one dollar as full and specific consideration for this indemnity
agreement.
00700.13 FAMILIARITY WITH CONTRACT REQUIREMENT
It is the responsibility of, and it is hereby agreed that, the Contractor has, prior to signing of the
Contract, satisfied himself as the nature and location of the work, the conformation of the
ground, the character, quality, and the quantity of the materials which will be required, the
character of equipment and facilities needed preliminary to and during the prosecution of the
work, the general and local conditions, and of all other matters which can in any way affect the
scope of the work under this Contract. Information concerning the general condition of the
project site existing at the time of bidding is presented in the plans and specifications solely for
information and convenience in describing the work to be accomplished and the use by the
Contractor of such information cannot in any way relieve the Contractor of his responsibilities as
outlined herein for determining the actual conditions existing at the site and for basing his bid
price upon such conditions. No verbal agreement or conversation with any officer, agent,
employee of the Owner, or the Engineer, either before or after the execution of this Contract,
shall affect or modify any of the terms or obligations herein contained. Failure to comply with
any or all of the requirements will not relieve Contractor from the responsibility of properly
estimating the difficulty or costs of successful completion of the work nor from the responsibility
for the faithful performance of the provisions of this Contract.
00700.14 PATENT RIGHTS
The Contractor shall obtain all necessary consents and shall pay all royalties, licenses, and fees
for the use of any patented invention, articles, composition or process in the work done or the
materials furnished, or any part thereof embraced in this Contract. The Contractor shall be
responsible for any claims made against the Owner, its agents and employees for any actual or
alleged infringement of patents by the use of any patented articles, appliances, etc., in the
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construction and completion of the work, and shall save harmless and indemnify the Owner, its
agents and employees from all costs, expenses, and damages, including attorney's fees which the
Owner may be obliged to pay by reason of any actual or alleged infringements of patents used in
the construction and completion of the work herein specified.
00700.15 PERMITS AND LICENSES
Permits and licenses of a temporary nature necessary for the prosecution of the work shall be
secured and paid for by the Contractor unless otherwise specified. Permits, licenses and
easements for permanent structures or permanent changes in existing facilities will be secured
and paid for by the Owner, unless otherwise specified.
The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations
bearing on the conduct of the work as drawn and specified. If the Contractor observes that the
drawings and specifications are at variance therewith, he shall promptly notify the Engineer in
writing, and any necessary changes shall be adjusted as provided in the contract for changes in
the work. If the Contractor performs any work knowing it to be contrary to such laws,
ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs
arising there from.
00700.16 LAWS AND REGULATIONS
The Contractor at all times shall observe and comply with all Federal, State, Local, and/or
Municipal laws, ordinances, rules, and regulations in any manner and those which may be
enacted later, or bodies or tribunals having jurisdiction or authority over the work and shall
indemnify and save harmless the Owner against any claim or liability arising from, or based on,
the violation of any such law, ordinance, rule, regulation, order, or decree.
The bidder is assumed to have made himself familiar with all Federal, State, Local, and
Municipal laws, ordinances, rules, and regulations which in any manner affect those engaged or
employed in the work, or the materials or equipment used in or upon the work, or in any way
affect the work and no plea of misunderstanding will be considered an excuse for the ignorance
thereof.
00700.17 DIMENSIONS AND ELEVATIONS
Figured dimensions on drawings shall take precedence over the measurements by scale, and
detailed working drawings are to take precedence over general drawings and shall be considered
as explanatory of them. In case of conflict between dimensions or scales the Engineer shall make
all necessary final clarifications.
00700.18 PLANS, SPECIFICATIONS AND SHOP DRAWINGS
The specifications are intended to supplement and clarify the plans. Work is sometimes called
for in the specifications that is not shown completely on the plans; and the plans sometimes
indicate work that is not mentioned in the specifications. Both plans and specifications must be
complied with completely in order to fulfill the Contract requirements; and whether or not the
work is specifically defined in any bid item, any work called for by either is as binding as if it
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were called for by both. The construction drawings, as prepared prior to receiving bids, are
intended to describe the general scope of the work and to form the basis of comparable bids and
may be supplemented after award of the contract with manufacturer's shop drawings, detailed
working drawings and other detailed data necessary to thoroughly describe the requirements of
the finished facility. In no case, however, will such supplemental information form the basis of
claims by the Contractor for increased compensation and in no case will the required work
described by the supplemental information be considered as extra work. In case of conflict
between plans and specifications, the Engineer shall be the sole judge of which shall prevail. The
Engineer shall make all necessary explanations as to the true meaning and intent of the plans and
specifications. Any errors or omissions in the plans and specifications may be corrected by the
Engineer when such corrections are necessary for the proper completion of the work.
The Contractor shall sign and stamp approved all shop or setting drawings for items of
equipment on which he has bid and proposes to install, to verify field dimensions, design criteria,
and materials. After the Contractor has signed and approved the shop drawings, they shall be
promptly submitted to the Owner in quadruplicate for review for conformance with the design
concepts of the project. The Contractor shall call Owner's attention to any deviation in the shop
drawings or submittals from the requirements of the plans and specifications. No deviation from
the plans and specifications shall be approved without a written Change Order. Changes or
corrections may be noted by the Owner and one copy will be returned to the Contractor. The
Contractor shall make any corrections required by the Owner and shall return the required
number of corrected copies of shop drawings until no exception is taken. The Contractor shall
direct specific attention in writing to revisions on resubmitted shop drawings other than the
corrections called for by the Owner on previous submissions. Contractor's stamp of approval on
any shop drawings shall constitute a representation to the Owner that the Contractor has either
verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and
similar data or he assumes full responsibility for doing so and that he has reviewed or
coordinated each shop drawing with the requirements of the work and the Contract documents.
The shop drawings in no way become a part of the Contract documents but are furnished for
informational purposes only. Regardless of corrections made in, review or approval given to
such drawings by the Engineer, the Contractor shall be responsible for the accuracy of such
drawings and for their conformity to the Contract plans and specifications.
00700.19 DRAWINGS AND SPECIFICATIONS FURNISHED TO CONTRACTORS
The successful General Contractor shall be entitled to receive from the Owner six (6) free sets of
Contract drawings and specifications.
00700.20 WORKING SCHEDULES AND PROGRESS CHARTS
The Contractor shall prepare and submit to the Owner for approval prior to initiating
construction activities a working schedule showing the locations and the order in which the
Contractor proposes to undertake the construction. A schedule will include anticipated starting
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and completion dates for the various sections and items included in this Contract and will also
indicate scheduled delivery date for all mechanical equipment.
Accompanying this schedule shall be a chart sufficiently large to be suitable for recording the
progress of the work. The Contractor will be required to indicate actual progress on this chart
and printed copies shall be made available at the end of each month. These progress charts will
be used in preparing the monthly estimates to the Owner.
00700.21 SUPERVISION AND RESPONSIBILITY OF THE CONTRACTOR
The Contractor shall give the work the constant attention necessary to facilitate the progress
thereof and shall cooperate with the Owner and with other contractors in every way possible.
The Contractor shall at all times have a competent superintendent, capable of reading and
thoroughly understanding the drawings and specifications, as his agent on the work, who shall,
as the Contractor's agent, supervise, direct and otherwise conduct the work. Such superintendent
shall be furnished irrespective of the amount of work sublet.
The Contractor shall be solely and wholly responsible for delivering the completed work in a
good and workmanlike condition and for the good condition of the work and materials until final
acceptance and his formal release from his obligations. He shall bear all losses resulting on
account of the weather, fire, the elements, or other causes of every kind or nature.
The Contractor shall indemnify and hold harmless (to a limit of $10,000,000) the Owner and the
Engineer and their agents and employees from and against all claims, damages, losses and
expenses, including attorneys' fees arising out of or resulting from the performance of the work,
provided that any such claim, damage, loss or expenses is:
(a) attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the work itself), including the loss of use resulting
therefrom and,
(b) is caused in whole or in part by any negligent act or omission of the Contractor, any
Subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, regardless of whether or not it is caused in part by
a party indemnified hereunder.
In any and all claims against the Owner or the Engineer or any of their agents or employees by
any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, the indemnification obligation
shall not be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the Contractor or any Subcontractor under Worker's
Compensation Acts, Disability Benefits Acts or other employee benefit acts.
The Contractor shall be held responsible for any violation of laws or ordinances affecting in any
way the conduct of all persons engaged, or the materials or methods used by him, on the work.
The Contractor shall provide and maintain at his own expense, in a sanitary condition, such
accommodations for the use of his employees as are necessary to comply with the requirements
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and regulations of the State Department of Health & Rehabilitative Services or the County
Health Department. He shall commit no public nuisance. Sanitary facilities shall be at least
500-feet from the nearest water well. Privies shall have incorporated therein metal containers
which shall be tightly closed and all waste shall be transported away from the site of the work
and disposed of properly.
Any instructions, directions, or orders from the Owner shall be given to the Contractor through
his authorized representative. The Owner, except in the absence of the representative, has no
authority to give directions, orders or instructions directly to the Contractor.
00700.22 SERVING NOTICE
Any notice to be given the Contractor under this contract shall be deemed to be served if the
same be delivered to the person in charge of any office used by the Contractor or his
superintendent or agent at or near the work, or deposited in a post office, postpaid, addressed to
the Contractor at his place of business as set forth in this contract.
00700.23 AUTHORITY OF ENGINEER
The supervision of the execution of this contract is vested wholly in the Contractor. In the event
the Owner has engaged the Engineer to represent him during the construction phase the order,
instructions, directions, or requests of the Owner are to be given through the Engineer. The
Engineer shall transmit them promptly to the Contractor as coming from the Owner and
originating in the Owner. The Contractor shall designate a representative to receive such
instructions, directions or requests in his absence, and failing to do so, will be held responsible
for the execution of them.
The Owner shall have the sole authority to suspend the work wholly or in part for such period or
periods as may be deemed necessary due to failure on the part of the Contractor to carry out
orders given to perform any or all provisions of the contract. The Contractor shall not suspend
the work and shall not remove any equipment, tools, lumber or other materials without the
written permission of the Owner. The Engineer has no responsibility regarding the Contractor's
safe prosecution of the work or his compliance with any applicable safety codes or regulations.
00700.24 OBSERVATION OF THE WORK
The Owner or his authorized representative shall have free access to the materials and the work
at all times for measuring or observing the same, and the Contractor shall afford him all
necessary facilities and assistance for so doing.
After written authorization to proceed with the work, and the Engineer has been engaged to act
as the Owners representative, the Engineer shall:
A. Make visits to the site at intervals appropriate to the various stages of construction to
observe the progress and quality of the executed work and to determine in general if the
work is proceeding in accordance with the Contract Documents; he will not be required
to make exhaustive or continuous on-site observations to check the quality or quantity of
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the work, he will not be responsible for the construction means, methods, procedures,
techniques and sequences of construction and he will not be responsible for the
Contractor's failure to perform the construction work in accordance with the Contract
Documents; he will not be responsible for safety precautions and procedures in
connection with the work; and during such visits and on the basis of his on-site
observations as an experienced and qualified design professional he will keep the Owner
informed of the progress of the work, will endeavor to guard the Owner against defects
and deficiencies in the work of Contractors and may disapprove work as failing to
conform to the Contract Documents.
B. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests
of materials and equipment and other data which the Contractor is required to submit,
only for conformance with the design concept of the project and compliance with the
information given by the Contract Documents, and assemble written guarantees which
are required by the Contract Documents. Review of shop drawings by Engineer shall not
relieve Contractor from his responsibility to perform his work in accordance with the
plans and specifications.
C. Consult with and advise the Owner, act as the Owner's representative at the project site,
issue all instructions of the Owner to the Contractor and prepare routine Change Orders
as required.
D. Based on his on-site observations as an experienced and qualified design professional and
on his review of the Contractor's applications for payment, determine the amount owing
to the Contractor and approve in writing payment to the Contractors in such amounts;
such approvals of payment to constitute a representation to the Owner, based on such
observations and review of the data comprising such applications, that the work has
progressed to the point indicated and that, to the best of his knowledge, information and
belief, the quality of the work is in accordance with the Contract Documents, subject to
the results of any subsequent test called for in the Contract Documents and any
qualifications stated in his approval. Such partial and final payments will be as specified
elsewhere herein except as modified in this paragraph.
E. Conduct, in company with the Owner, a final site visit of the project for general
conformance with the design concept of the project and general compliance with the
information given by the Contract Documents, and recommend in writing final payment
to the Contractor.
00700.25 EXAMINATION OF THE WORK
The authority and duties of the resident project representatives when provided and authorized as
employees of the Engineer and when the employment thereof is authorized and paid by the
Owner, are limited to examining the material furnished, observing the work done and reporting
their findings to the Engineer. The Engineer does not underwrite, guarantee or insure the work
done by the Contractor. It is the Contractor's responsibility to perform the work in all details in
accordance with the Contract Documents, and the Engineer shall never be responsible or liable
to either the Owner or the Contractor or any other party by reason of the Contractor's failure to
do so. Failure by the Engineer or by any project representative or other representative of the
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Owner engaged in on-the-site observation to discover defects or deficiencies in the work of the
Contractor shall never, under any circumstances, relieve the Contractor from his responsibility
therefore to the Owner, or subject the Engineer to any liability to the Owner, the Contractor, or
any other parry for any such defect or deficiency.
Project representatives shall have no authority to permit deviation from or to modify any of the
provisions of the Drawings or Specifications without the written permission or instruction of the
Engineer, or to delay the Contractor by failure to observe the materials and work with reasonable
promptness.
The Engineer, his representatives, employees, or any resident project representative in the
employment of the Engineer will not have authority to supervise, direct, expedite or otherwise
control and instruct or order the Contractor or his employees in the fulfillment of the Contractor's
obligation. The Owner's instructions, orders, directions and/or orders to the Contractor shall be
given only through the Engineer, or his employees. The Engineer may only advise the Contractor
when it appears to the Engineer that the work and/or materials do not conform to the
requirements of the Contract Documents, including the Drawings and Specifications.
The payment of any compensation, irrespective of its character or form, or the giving of any
gratuity, or the granting or any valuable favor, directly or indirectly, by the Contractor to any
project representative, is strictly prohibited, and any such act on the part of the Contractor will
constitute a violation of the contract.
If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction require any work to specifically be inspected, tested, or approved by someone
other than the Contractor, the Contractor will give the Engineer timely notice of readiness
therefore. The Contractor will furnish the Engineer the required certificates of inspection,
testing or approval. All such tests will be in accordance with the methods prescribed by the
American Society for Testing and Materials, or such other applicable organization as may be
required by law or the Contract Documents. If any such work required so to be inspected, tested
or approved is covered without written approval of the Engineer, it must, if requested by the
Engineer, be uncovered for observation at the Contractor's expense. The cost of all such
inspections, tests and approvals shall be borne by the Contractor unless otherwise provided.
00700.26 PROTECTION OF WORK AND PROPERTY
The Contractor shall continuously maintain adequate protection of all his work from damage and
shall protect the Owner's property from injury or loss arising in connection with this Contract.
He shall make good any such damage, injury, or loss, except such as maybe directly due to errors
in the Contract Documents, or caused by agents or employees of the Owner. He shall adequately
protect adjacent property as provided by law and the Contract Documents. He shall provide and
maintain all passage ways, guard fences, lights, and other facilities for protection required by
public authority or local conditions.
From the start of the work until the completion and acceptance of the work, the Contractor shall
be solely responsible for the work covered by this contract and for the materials delivered at the
site intended to be used in the work and all injury or damage done to the same from whatever
cause as well as any damage done by him, his agents, employees and for subcontractors in the
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performance of the work, shall be made good by him at his own expense before the final
payment is made. The Contractor shall be responsible for the preservation of all trees along and
adjacent to the work and shall use every precaution necessary to prevent damage or injury
thereto. The Contractor shall not willfully or maliciously injure or destroy trees or shrubs, and he
shall not remove or cut them without proper authorization from the Owner. Any limbs or
branches of trees broken during such operations, shall be trimmed with a clean cut and painted
with an approved tree healing compound. The Contractor will be liable for all damages or at the
option of the Owner may be required to replace or restore at his own expense, all vegetation not
protected and preserved that may be destroyed or damaged.
The Contractor shall provide suitable means of protection for all materials intended to be used in
the work and for all work in progress, as well as for completed work.
The Contractor shall furnish all the necessary equipment, shall take all necessary precautions and
shall assume the entire cost of handling any sewage, seepage, storm, surface and flood flows
which may be encountered at any time during the construction of the work. The manner
providing for these occurrences shall meet with the approval of the Owner, and the entire cost of
said work shall be considered as having been included in the unit prices submitted for the several
items of the work to be done under this contract.
00700.27 USE OF COMPLETED PORTIONS
The Owner shall have the right to take possession of and use any completed or partially
completed portions of the work, notwithstanding that the time for completing the entire work or
such portions may not have expired but such taking possession and use shall not be deemed an
acceptance of any work not completed in accordance with the Contract Documents. If such prior
use increases the cost of or delays the work, the Contractor shall be entitled to such extra
compensation, or extension of time, or both, as the Owner may determine.
00700.28 THE OWNER'S RIGHT TO DO WORK
If the Contractor should neglect to prosecute the work properly or fail to perform any provision
of this contract, the Owner, after three days' written notice to the Contractor may, without
prejudice to any other remedy he may have, make good such deficiencies and may deduct the
cost thereof from the payment then or thereafter due the Contractor.
00700.29 ALTERATION OF PLANS
The Engineer reserves the right to make such alterations in the plans or in the character of the
work as may be considered necessary or desirable from time to time to complete fully the
construction of the work, provided such alterations do not change materially the original plans
and specifications, and such alterations shall not be considered as a waiver of any condition of
the contract nor to invalidate any of the provisions thereof.
No alterations in the plans or in the character of the work shall be made without the previous
written approval of the Engineer and/or Inspector.
00700.30 UNAUTHORIZED WORK
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Work done without lines and grades being given, work done beyond the lines and grades shown
on the plans or as given, except as herein provided, or any extra work done without written
authority, will be considered as unauthorized and at the expense of the Contractor and will not be
accepted or paid for by the Owner. The Owner may order that work so done be removed and
replaced at the Contractor's expense.
00700.31 CLAIMS FOR EXTRA COST
If the Contractor claims that any instructions by drawings or otherwise involves extra cost under
this contract, he shall give the Owner written notice thereof within a reasonable time after the
receipt of such instructions, and in any event before proceeding to execute the work, except in
emergency endangering life or property, and the procedure shall then be as provided for changes
in the work. No such claim shall be valid unless so made.
00700.32 CHANGES IN THE WORK
If for any reason it be deemed necessary in the opinion of the Owner to make any variations in
the scope or nature of the work, which variations increase or decrease the quantities of the work
specified, or change the location to an extent not unreasonably affecting the conditions of the
work, and further interpreted by the Owner as involving no classes of work other than those
called for by this contract, the Contractor shall, upon written order from the Owner to that effect,
make such variations. If such variations diminish the quantity of the work to be done, no claim
for damages or for anticipated profits on the work that may be dispensed with shall thereby
accrue to the Contractor, and the value of the work dispensed with will not be included in any
payments made to the Contractor. If such variations increase the amount of the work, the value
of such increase shall be determined and fixed by the Owner in accordance with the quantity of
such work actually done, and at the unit prices stipulated in the contract.
All major changes will be issued in a standard form which will contain a description of the work
involved in the change, a reference to the proper construction drawings or revised drawings and
will not be effective until signed by the Owner and Contractor.
Such alterations or changes as are mentioned in this section shall not vitiate or annul the
obligations of the contract or the agreement for the work.
Should, in the opinion of the Owner, any contemplated change in the quantities of the work, or
alterations thereof, materially affect the character of the work, or any part thereof, or materially
affect the compensation for the same, then the work shall be classed as extra work.
00700.33 EXTRA WORK/INCREASED COMPENSATION
The Owner may at any time, by a written order, without notice to the Sureties, and without
invalidating the contract, require the performance of such extra work or substantial changes in
the work as it may find necessary or desirable. The amount of compensation to be paid to the
Contractor for any extra work, as ordered, shall be determined as follows:
(a) By unit prices named in contract and subsequently agreed upon.
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(b) By a lump sum mutually agreed upon by the Owner and the Contractor; or
(c) If no such unit prices are set forth and if the parties cannot agree upon a lump sum, then
by the actual net cost in money to the Contractor of the wages of applied labor (including
premiums for Worker's Compensation Insurance, and Social Security taxes); plus twenty
per centum (20%) as compensation for all items of profit, administration, overhead,
superintendence, insurance other than Worker's Compensation Insurance, materials used
in temporary structures, allowances made by the Contractor to subcontractors, additional
premiums upon the performance bond of the Contractor and the use of small tools; plus
the net cost to the Contractor for the materials required in the extra work; plus the cost of
rental for plant equipment (other than small tools) required and approved for the extra
work.
00700.34 SUSPENSION OF WORK
The Owner shall have the right to suspend the whole or any part of the work, when, in the
opinion of the Owner, the Contractor is not doing the work in accordance with the provisions of
the contract and specifications.
If, in the judgment of the representatives of the Owner, the Contractor is taking undue risk of
damage to any part of the construction by proceeding with the work during unfavorable weather
or other conditions, then the Owner shall immediately verbally notify the Contractor or his
representatives on the site confirming the same in writing. The Owner may thereupon suspend
the work temporarily, either wholly or in part for such periods as may be necessary on account of
conditions unfavorable for the safe and proper prosecution of the work. In case of such
suspension, a proper extension of time may be required by the Contractor but, regardless whether
it is granted or not, no allowance will be made of the Contractor for any expense resulting there
from. The Owner shall not be liable to the Contractor in any manner for any expenses, damages,
loss of profits, anticipated or otherwise, or any other charges whatsoever arising out of a
suspension in the work of either this Contractor or any Contractor engaged on this project. It
shall be clearly understood that the failure of the Owner to so advise shall not relieve the
Contractor of his responsibility for compliance with the conditions of the contract.
Should the Contractor fail to comply with any orders of the Owner relative to any particular parts
of the work, the Owner shall have the right to suspend the work on any or all parts until its
orders respecting the particular parts are complied with. In case of such suspension, which shall
be considered due to the fault of the Contractor, no extension of time shall be given and no
allowance will be made for the expense of the Contractor on account of idle equipment or forces
during the terms of such suspension.
00700.35 DEFECTIVE WORK OR MATERIALS
If at any time any materials or workmanship should be discovered which do not comply with the
plans, specifications and contract drawings, such defective work and/or material shall
immediately be removed or corrected by the Contractor when notified to do so by the Owner,
and such defects shall be replaced or corrected at the Contractor's expense. Any work or
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materials condemned by the Owner as unsuitable or improperly done shall be removed and
repaired or otherwise remedied, as the Owner may require.
If the Contractor shall neglect or refuse to remove or replace defective work or materials within
seven (7) days from the date of the notice from the Owner to do so, then the Owner may remove
or cause the same to be removed and satisfactorily replaced by contract or otherwise, as they
may deem expedient, and they may and are empowered, to charge the expense thereof to the
Contractor. The expense so charged will be deducted and paid by the Owner out of such monies
as are or may become due under this agreement, or if such monies are not sufficient to meet said
expense, the additional monies shall be furnished by the Contractor, and if he refuses or neglects
to provide the necessary monies they shall be provided by his Surety.
00700.36 ABANDONMENT OF WORK
Should the Contractor abandon, or in any manner fail to complete the work, the Owner is hereby
authorized and empowered to pay any workmen who may have been employed by the
Contractor, for work done, and to pay any claims against the Contractor for material furnished,
out of any funds that would otherwise be due or become due the Contractor under this Contract,
and in every such case the Owner is hereby authorized and empowered to ascertain the amount
or amounts so due or owning to the workmen, or for materials so furnished; and the amount or
amounts so found to be due and payable, shall be final and conclusive against the Contractor,
and may thereafter be paid by the Owner to said labor, or to liquidated claims for materials
furnished; and any partial or final payment may be withheld from the Contractor until all such
claims for labor or material on his Contract have been satisfied.
00700.37 FORFEITURE OF CONTRACT
The Owner, at any time during the continuance of the contract for the work herein provided for,
and prior to the date of acceptance of the work as hereinafter provided, shall have the right and
power to declare the whole or any part of the same forfeited for the violation of any of the
conditions, terms, requirements, or limitations herein contained, or if the performance of the
Contract is unnecessarily or unreasonable delayed, or if the Contractor is not progressing with
the work as fast as is necessary to insure its completion within the time specified and as required
by his Contract, or if the Contractor is showing bad faith in carrying out the Contract, or if the
work not be fully completed within the fixed time in this Contract for its completion, or within
the time to which such completion may be extended as hereinafter provided, or further, if the
Contractor shall fail to or refuse to remedy or repair defective work or materials when so ordered
as herein provided. If the Owner shall declare the said contract forfeited, in whole or in any
particular, such declaration of forfeiture shall in no way relieve or affect the liability of the
Contractor and his Sureties for breach of any of the covenants and conditions of said Contract.
00700.38 THE OWNER'S RIGHT TO TERMINATE CONTRACT
If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for
the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or
if he should persistently or repeatedly refuse or should fail to supply enough properly skilled
workmen or proper materials, or if he should fail to make prompt payment to subcontractors for
material or labor, or persistently disregard laws, ordinances or the instructions of the Owner, or
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otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner,
upon determining that sufficient cause exists to justify such action, may, without prejudice to any
other right or remedy and after giving the Contractor seven (7) days' written notice, terminate the
employment of the Contractor and take possession of the premises and of all materials, tools and
appliances thereon and finish the work by whatever method he may deem expedient. In such
case the Contractor shall not be entitled to receive any further payment until the work is finished.
If the unpaid balance of the Contract price shall exceed the expense of finishing the work,
including compensation for additional managerial and administrative services, such excess shall
be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor or his
Sureties shall pay the difference to the Owner. The expense incurred by the Owner as herein
provided, and the damage incurred through the Contractor's default, shall be certified by the
Engineer.
00700.39 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
If the work should be stopped under an order of any court, or other public authority, for a period
of three (3) months, through no act or fault of the Contractor or of anyone employed by him, or if
the Owner fails to make timely payments for completed work, then the Contractor may, upon
seven (7) days' written notice to the Owner, stop work or terminate this Contract and recover
from the Owner payment for all work executed and any loss sustained upon any plant or
materials and reasonable profit and damages.
00700.40 NO WAIVER OF CONTRACT
Neither an extension of time, for any reason, beyond the date fixed herein for the completion of
the Contract, nor the delivery and acceptance of any articles or materials, nor any payment for,
nor acceptance of the whole or any part of the work by the Owner, nor any possession taken by
the Owner or its employees or agents, shall be deemed to be a waiver by the Owner of the right
to abrogate this Contract for abandonment or delay or non- performance in the manner herein
provided, nor shall it operate to void or annul any of the terms of this Contract.
00700.41 NO ESTOPPEL
Neither the Owner, nor any agent or officer thereof shall be precluded or estopped by any return
or certificate made or given by the Owner or other officer, agent or appointee of the Owner
under any provision of this agreement at any time, either before or after final approval and
acceptance of the work and final payment therefore, from showing the true and correct amount
and character of the work done and materials furnished by the Contractor or any other person
under this agreement or that any such return, or certificate, is untrue and incorrect or improperly
made in any particular, or that the work and materials, or any part thereof, do not, in fact,
conform to the specifications and Contract Drawings, and the Owner shall not be precluded or
estopped notwithstanding any such return or certificate and payment in accordance therewith,
from demanding and recovering from the Contractor such damages as it may sustain by reason of
his failure to comply with the specification and Contract Drawings.
00700.42 TIME FOR COMPLETION
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Work on this Contract shall be commenced on a date specified in a written order of the Owner.
The work shall be carried on with such force and in such manner and order and at such points
that within the time limit designated in the Contract, or as may be modified or extended as
hereinafter provided, and as computed from the date stated in the notice to commence work, the
whole work and its parts shall be performed in accordance with the terms of this Contract.
00700.43 COMPLETION OF WORK DEFINED
The time for the completion of the herein specified work is defined as that state when, in the
opinion of the Owner or his authorized representative, all the work required to be performed
under the terms of the Contract plans, specifications and extra work orders has been completed
and the entire facility including appurtenances is ready for continuous permanent use for the
purpose intended. After this date there may still remain some cleaning up of Contractor's plant or
minor work and/or adjustments, which do not prevent the permanent use of the project.
00700.44 DELAYS AND EXTENSIONS OF TIME
If the Contractor shall be delayed at any time in the progress of the work by any cause beyond
the Contractor's control and without his fault or negligence, including but not restricted to any
act or neglect of the Owner, or of his agents or employees, or by any other Contractor employed
by the Owner, or by changes ordered in the work, acts of God or of the public enemy, fires,
floods, epidemics, quarantines, strikes, lockouts, riots, civil commotions or freight embargoes or
by delay authorized by the Owner, or by any cause which the Owner shall decide to justify the
delay, then the time of completion shall be extended for such reasonable time as the Owner shall
decide. No claim for increased compensation shall be paid for delays.
No such extension shall be made for delay occurring more than seven (7) days before claim
therefore is made in writing to the Owner. In the case of a continuing cause of delay, only one
claim is necessary.
00700.45 LIQUIDATED DAMAGES
It is mutually agreed by and between the parties hereto that time is an essential part of this
Contract, and that, if the Contractor shall fail to complete the work or any part thereof within the
time fixed in the Contract, the Owner will suffer damages the amount of which cannot
reasonably be determined at this time, and therefore agree that the Owner may retain as
liquidated damages incident to such delay, from the monies that are or which may become due
said Contractor, such sum per day as specified in the Proposal for each and every calendar day
the completion of the work be delayed beyond the time specified herein for such completion. In
addition to liquidated damages indicated herein, the Contractor will be responsible for additional
costs of construction phase engineering services caused by his failure to complete work within
the time specified.
00700.46 PRICES
The Owner will pay, and the Contractor shall receive, the prices stipulated in the proposal herein
contained or hereto annexed, as full compensation for furnishing all the equipment and materials,
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and performing all the labor which may be necessary in the prosecution of the work required to
provide the complete facility as defined in this Contract.
00700.47 PARTIAL ESTIMATES AND PAYMENTS
If the work progresses according to this Contract, the Owner will make partial payments to the
Contractor each month on the basis of a confirmed estimate of the work performed during the
preceding calendar month by the Contractor. Upon such estimate being made and confirmed and
approved by the Owner, the Owner will pay to the Contractor ninety per centum (90%) of the
amount established in such an estimate as the value of the work completed. Such payment shall
be considered, however, only as an advance payment and not as part of the final payment to the
Contractor; and the Owner may at all times reserve and retain out of any or all of the said partial
payments all such sums as it is or may be authorized to reserve or retain.
It is understood and agreed that, should the Owner at any time during the progress of the work
consider the amount withheld on monthly estimates of payment to be in excess of the amount
necessary to complete the work or necessary for the full and ample protection of the Owner, then
the Owner, may reduce the percentage retained to an amount sufficient for the Owner's proper
protection.
No estimates given, nor payments made, shall be conclusive of the performance of the contract
either wholly or in part, and no estimates, payments or certificates of final payment shall be
construed to be an acceptance of inferior or defective work or materials.
00700.48 PAYMENTS WITHHELD
The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole
or a part of any certificate to such extent as may be necessary to protect himself from loss on
account of:
Defective work not remedied.
2. Claims filed or reasonable evidence indicating probable filing of claims.
3. Failure of the Contractor to make payments promptly to subcontractors, or for material,
labor or equipment.
4. A reasonable doubt that the Contract can be completed for the balance, then unpaid.
5. Damage to another Contractor.
6. Failure of Contractor to clean-up or restore the project site or rights-of-way.
7. Insolvency of Contractor.
8. Manifest intent of Contractor not to proceed diligently or to complete this contract.
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When the above grounds are removed, payment shall be made for amounts withheld because of
them.
00700.49 LIENS AND FINAL PAYMENTS
Neither the final payment nor any part of the retained percentage shall become due until the
Contractor, if required, shall deliver to the Owner a complete release of all liens arising out of
this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so
far as he has knowledge or information the releases and receipts include all the labor and
material for which a lien could be filed; but the Contractor may, if any subcontractor refuses to
furnish a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify the
Owner against any lien. If any lien remains unsatisfied after all payments are made, the
Contractor shall refund to the Owner all monies that the latter may be compelled to pay in
discharging such a lien, including all administrative costs and a reasonable attorney's fee.
The final payment shall not become due and payable until the Contractor shall have furnished
the Owner with satisfactory evidence that all labor, materials, outstanding claims and
indebtedness of whatsoever nature arising out of the performance of the Contract have been paid,
and until the Contractor shall have furnished a written statement to such effect executed by
Contractor and Sureties, which will further provide that payment to the Contractor of the final
estimate shall not relieve any Surety of its obligation to the Owner as set forth in the Surety
Bonds. Where one or more claims against the Contractor which are in controversy appear
unsatisfied, the Owner shall have the discretion to direct final payment to be made, or a partial
payment to be made from the retained percentage, should it be determined that the withholding
of the entire final payment would work a hardship on the Contractor or delay the final payments
of other Contractors or subcontractors on the project. In such cases, the Contractor and Sureties
shall provide the evidences and statements required under this paragraph, but shall itemize the
claims which remain unsatisfied, giving the reason therefore, and the statements of the Surety
Companies shall provide that the final payment or partial payment, as the case may be, shall not
relieve any Surety of any obligations to the Owner as set forth in the Surety Bonds. If only
partial payment from the retained percentage is permitted under this paragraph, the final payment
shall not be made until the Contractor shall have furnished satisfactory evidence and a statement
from the Surety that all claims against the Contractor have been paid and that payment to the
Contractor of the contract balance shall not relieve the Surety of any of its obligations to the
Owner as provided in the Surety's Bond.
00700.50 FINAL APPROVAL AND ACCEPTANCE OF THE WORK
Following the completion of this Contract, as such completion is defined in the Specifications
and as soon thereafter as practicable, the Owner, his representative or the Engineer will review
the work and will make a final estimate of the amount and value of work done by the Contractor.
If the said work appears to be satisfactory and appears to be done in accordance with the
provisions and terms of the Contract Documents, the Owner, upon notice of completion from his
representative, and within forty-five (45) days after the final estimate of work is made and
confirmed as correct and unpaid and is approved, will pay to the Contractor the full value of the
work done under this Contract less any amounts previously paid and less any advances
whatsoever, and the Owner will certify the work as completed and will accept it. Said acceptance
will, however, be in all events conditional upon the subsequent remedying by the Contractor of
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defects in workmanship or materials which may become apparent within a period of one (1) year
(or a longer period as required elsewhere in the Contract Documents) following the date of
acceptance as herein required. In the event the Owner refuses or declines to certify the work as
completed and accepted and make final payment therefore within forty-five (45) days after
notice and certification, the Owner shall immediately set forth in writing to the Contractor the
reasons for such non-acceptance of the work. After all valid reasons for non-acceptance have
been removed, the Owner shall execute the final certificate of completion and acceptance and
shall make final payment. The certification of completion and acceptance of the work will be a
prerequisite to final payment hereunder.
All prior estimates and payments, including those relating to extra work, shall be subject to
correction or adjustment by the final cost estimate. Such final payment, however, shall not serve
as a release of the Contractor or of his Sureties from the previously required guarantee against
defects in Contract performance for a period of one (1) year following the date of acceptance of
the work by the Owner.
The acceptance by the Contractor of the final payment, made as aforesaid, shall operate as and
shall be a release to the Owner and to the Engineer and every member and agent of both said
parties from all claims and liabilities to the Contractor for anything done or furnished for, or
relating to the work, or for any act or neglect of the Owner or the Engineer or of any person
relating to or effecting the work, but this final payment shall not relieve the Contractor from his
indemnity, guarantee and/or warranty obligations under the terms of the Contract.
As soon as is practicable after twelve (12) months have elapsed from the date of completion as
herein defined, the Owner shall make a review and re-inspection of the work and performance of
this contract, or cause the same to be made. If the said performance and work shall be found
satisfactory and work not to have deteriorated through defects in workmanship or materials, then
the Owner shall certify the release of the Surety on the Bond for Performance of Contract. If,
however, the review and re-inspection, or any prior inspection, discloses defects due to the
non-fulfillment of this Contract, or non-compliance with its requirements, the Owner shall so
notify the Contractor in writing, and thereupon the Contractor shall, at his own expense, repair or
replace and shall make good all defects in workmanship, materials, and guarantee, and shall
rectify any non-compliance, and such repairs and fulfillment shall be a prerequisite to the release
of the Surety on the Bond. If, however, the Contractor shall, after due notice, refuse or neglect to
make good the defects to the satisfaction of the Owner, then the Owner may, and is hereby
empowered to, proceed in the manner prescribed in the event of abandonment or forfeiture of the
work by the Contractor, in which case completion by the Owner and the payment of claims for
material and labor and other expense as provided in such procedures, shall be a prerequisite to
the release of the Surety on the Bond for Performance of Contract.
Within thirteen (13) months after the date of acceptance of the work, or as soon thereafter as
practical, as hereinbefore provided, following a re-inspection, and provided further that any
repairs necessitated by defects in material or workmanship as determined by the Owner in the
re-inspection shall have been made, the Owner will, in writing, finally release the Contractor, his
Sureties and all parties hereunder.
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SECTION 00800
SUPPLEMENTARY CONDITIONS
00800.01 SUPPLEMENTARY CONDITIONS PREVAIL
The provisions of this section amplify, amend, change and/or add to all other provisions of the
Contract Documents. In the event of a conflict between these Supplementary Conditions and
any other Sections of the Contract Documents, the Supplementary conditions shall apply.
00800.02 MATERIALS SUPPLIED BY THE OWNER
Clearwater Gas System shall supply the following materials: piping (carrier and casing); valves
and valve boxes; fittings; tracer wire; marker tape; marker poles; and splice kits. The contractor
shall supply the labor necessary for loading the materials supplied by the City of Clearwater.
The contractor shall provide all other materials necessary to complete the work.
00800.03 PERMITS
The Contractor shall perform all work in strict accordance with the requirements of the following
permits which will be obtained by the Owner: Pinellas County Use Permit, Various City Use
Permits, Florida Department of Transportation Utility Permit, Army Corps of Engineers permit
and the Florida Department of Environmental Protection Dredge and Fill Exemption.
00800.04 JOINING OF PLASTIC PIPE
In amplification of Section 02685, Page 02685-4, Article 3.06, the Contractor shall get prior
approval from Clearwater Gas System to use electric fusion couplings. If electric fusion
couplings are used, they shall be supplied by the Contractor at no additional cost to the Owner.
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SECTION 00900
ADDENDA
(Insert Addenda here)
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SECTION 01000
GENERAL REQUIREMENTS
01000.01 TRAFFIC CONTROL
The Contractor shall maintain traffic within the limits of the project for the duration of the
construction period, in accordance with the requirements of FDOT Section 102 of the "Standard
Specifications", as amended herein.
The local streets shall be kept open to two-way traffic for the duration of the construction period,
except that one lane of traffic will be permitted provided that flagmen are used. The Contractor
will not be permitted to isolate access to residences or places of business. Traffic on County
roads and State highways shall be controlled in accordance with the current standards of the
appropriate agency.
The Contractor shall furnish, erect and maintain all necessary traffic control and safety devices,
in accordance with the Florida Department of Transportation "ROADWAY AND TRAFFIC
DESIGN STANDARDS", applicable edition, and State of Florida "MANUAL OF TRAFFIC
CONTROL AND SAFE PRACTICES FOR STREET AND HIGHWAY CONSTRUCTION
MAINTENANCE AND UTILITY OPERATIONS", applicable edition, and shall take all
necessary precautions for the protection of the work and the safety of the public for the duration
of the construction period.
01000.02 MATERIALS, EQUIPMENT AND LABOR
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water,
tools, equipment, light, power, transportation and any other facilities necessary for the proper
execution and completion of the work.
Unless otherwise specified, all materials shall be new. The Contractor, if required, shall furnish
satisfactory evidence as to the kind of and quality of materials. Before any contract is awarded
the bidder may be required to furnish a complete statement of the origin, composition and
manufacture of any or all materials or equipment to be used in the work, together with samples,
which samples may be subject to tests provided for in these specifications to determine their
quality and fitness for the work. All materials and all workmanship shall be of good quality and
meet specification requirements. Failure of the Owner or Engineer to request material, samples
or conduct tests on the same does not relieve the Contractor of responsibility to furnish the
material as specified. The Contractor shall furnish such equipment as is considered necessary for
the prosecution of the work in an acceptable manner at a satisfactory rate of progress so as to
insure completion by the date set forth in the Contract. The equipment used on any portion of the
work shall be used in such a manner so as not to endanger the lives of the operators or others,
nor cause damage to adjacent real property, roadways, structures, or any other property
whatsoever.
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01000.03 PROGRESS PHOTOGRAPHS
The Contractor shall furnish photographs, 5" x 7", on standard weight paper with negatives, as
directed by the Owner, showing the job, before, during and upon completion of the construction.
Smaller size (not less than 3"x4") photographs shall be furnished to show unusual conditions
encountered during construction.
01000.04 STANDARDS
Wherever in these Contract documents reference is made to any of the following, or other,
specifications, codes, standards, and requirements, by abbreviation or name, it shall be
understood that the specifications, codes, standards, and requirements in effect on the date of
advertisement for bids shall govern.
ASTM American Society for Testing Materials
ASME American Society for Mechanical Engineers
ASA American Standards Association
AWWA American Water Works Association
NEMA National Electric and Manufacturers Association
AIEE American Institute of Electrical Engineers
AASHTO American Association of State Highway and Transportation Officials
NBFU National Board Fire Underwriters
NEC National Electric Code
ACI American Concrete Institute
AGA American Gas Association
AISC American Institute Steel Construction
AWPA American Wood Preservers Association
Fed. Spec. Federal Specifications U.S. Government
SBC Southern Building Code
FDOT Florida Department of Transportation
"Standard Specifications" - FDOT Standard Specifications for Road and Bridge Construction,
latest edition, including all supplemental specifications, indices and other directives in effect.
01000.05 STORAGE OF MATERIALS AND RIGHTS-OF-WAY
The Owner shall provide the land upon which the work is to be done, with right of access thereto
unless otherwise specified elsewhere in the Contract Documents. The Contractor shall anticipate
requirements of space and land for the erection of temporary construction facilities, office, and
storage of materials. Should the Owner decide that the site of work is insufficient for such
temporary facilities, the Contractor will be required to arrange for such additional space and land
as may be necessary at his expense.
The Contractor shall make his own arrangements for delivery and handling of equipment and
materials as he may require for the prosecution of his work. In underground utility work all
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materials required in the work may be stored on the sides of the roadway or parking area of the
street in which the utilities are to be constructed, as approved by the Owner and/or municipality
having jurisdiction, but all such materials, tools and machinery shall be neatly and compactly
piled in such manner as to cause the least inconvenience to the property owners and the traffic.
Material shall be stored outside of the "Clear Zone" of roadways. All fire hydrants must at all
times be kept free and unobstructed and water and gas shut-off boxes must be kept uncovered.
The materials shall be stored so as to insure the preservation of the quality and fitness for the
work. When considered necessary, they shall be placed on wooden platforms or other hard clean
surfaces and shall be placed under cover as directed. Stored materials shall be located so as to
facilitate prompt inspection. Materials, tools, and machinery shall not be piled or placed against
shade trees unless ample protection is provided for the trees. Lawns, grass plots, or other private
or public property shall not be used for storage purposes without the written permission of the
Owner.
01000.06 UTILITIES
The Contractor shall have the complete responsibility of coordinating his work with the owners
of the various utilities now existing or to be constructed within the limits of this project so that a
minimum delay in the construction shall occur there from.
01000.07 SAFETY AND HEALTH REGULATIONS
The Contractor shall comply with the Department of Labor Safety and Health Regulations for
construction promulgated under the Occupational and Health Act of 1970 (PL596) and under
Sec. 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). The Contractor shall
comply with the State of Florida Trench Safety Act.
01000.08 USE OF CHEMICALS
All chemicals used during project construction or furnished for project operation, whether
herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show
approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in
strict conformance with instructions.
01000.09 BY-PASSING OF SEWAGE
The Contractor shall schedule his work so as to either minimize or completely eliminate any by-
pass of raw sewage during construction.
01000.10 DEWATERING AND SEWAGE PUMPS
In general, all pumps utilized by Contractor during construction shall be electric motor driven.
Internal combustion engine driven pumps may be used for a particular application only upon
approval of the Owner.
01000.11 LINES, GRADES AND CONSTRUCTION SURVEYING
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The Contractor shall employ a competent surveyor satisfactory to the Owner to lay out the work
from the bench marks, grades, dimensions, points and lines noted on the working drawings,
established at the site, or supplied by the Engineer.
All work of every description shall be laid out and checked by the Contractor who will be held
solely responsible for its correctness, and all expenses in connection with this work shall be paid
for by the Contractor. In the event batter boards are used the maximum allowable interval for
construction batter boards on sewers and pipe lines will be forty (40) feet for grades under 1.00
percent (1%) and fifty (50) feet for grades of 1.00 percent (1%) and over.
The work may be checked by the Owner and, in the event of discrepancy, his decision shall be
final.
No special compensation will be made to the Contractor to defray costs of any of the work or
delays occasioned by making surveys and measurements, tests or inspections, but such costs
shall be considered as having been included in the price stipulated for the several items of the
work to be done under this contract.
01000.12 TESTS
Tests of material, where required by the specifications, shall be paid for by the Contractor. The
selection of bureaus, laboratories, and/or agencies for the inspection and testing of supplies,
materials or equipment shall be subject to the approval of the Engineer. Satisfactory
documentary evidence that the materials have passed the required inspections and tests must be
furnished to the Owner.
01000.13 WATER AND POWER
The cost of all water for construction and testing purposes, as well as the expense of having the
water conveyed to and about the work, must be borne by the Contractor and the cost of this work
shall be considered as having been included in the unit or lump sum prices stipulated for the
several items of work to be done under this contract.
Unless otherwise specifically permitted by the Engineer, all water used for construction purposes
shall be obtained from the public water supply main.
The Contractor shall make his own arrangements for electric light and power, as may be required
for his work.
01000.14 MONUMENTS AND LANDMARKS
Monuments or landmarks shall not be molested or removed by the Contractor or any of his
employees without written consent of the Owner. Any monument or landmark so removed will
be replaced by the Owner at the expense of the Contractor.
01000.15 DETOURS
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The Contractor must so schedule his work that in no case are two adjoining parallel streets
closed for utility construction at any one time. If, in the opinion of the Owner, a traffic hazard or
an unreasonable long detour is caused by the Contractor's plan of work, he shall immediately
revise his working schedule and reopen whatever streets are required for maintenance of traffic.
The Contractor will, in no case, be permitted to start work in any new location without
permission of the Owner. If the Contractor shall disregard the instructions of the Owner
concerning traffic control, it will be considered sufficient cause to invoke that section of the
specifications entitled "The Owner's Right to Terminate Contract." The Contractor will be
responsible for placing and maintaining "Detour" signs when required, or when directed by the
Owner.
01000.16 EXISTING UTILITIES
The Contractor will be required, at his own expense, to do everything necessary to locate,
protect, support, sustain and avoid conflicts with existing water, gas and service pipes, storm and
sanitary sewers, existing structures, electric light and power lines, telephone poles, conduits,
roads and other fixtures on the site of the work. In case any of the said water, gas, and service
pipes, storm and sanitary sewers, existing structures, electric light and power lines, telephone
poles, conduits, roads and other fixtures be damaged, they shall be repaired, but the cost thereof
shall be considered as having been included in the prices stipulated for the various items of work
to be done under contract.
01000.17 SANITARY MEASURES
Sanitary conveniences for the use of all persons employed on the work shall be provided and
maintained by the Contractor in sufficient number, in such manner and in such places as shall be
approved by the Owner. All persons connected with this work shall be obliged to use them, and
any employees found violating these provisions shall be discharged and not again employed
without written consent. All necessary precautions, including the care of employees, and
prevention of any pollution of the existing water supply shall at all times be satisfactory to the
governing authorities. The Contractor shall promptly and fully comply with all orders and
regulations in regard to these matters.
01000.18 CLEANING UP
As the work progresses, the Contractor shall remove from the site and dispose of debris and
waste material. Particular attention shall be given to minimizing any fire hazard from
combustibles as may be used in connection with the work. On or before the date of the final
estimate for the work, the Contractor shall tear down and remove all temporary structures built
by him, shall remove all construction plant used by him and shall repair and replace all parts of
existing embankments, fences, sidewalks, shrubbery or structures which were removed or
injured by the Contractor's operations or by employees of the Contractor; shall thoroughly clean
out all sewers, drains, pipes, manholes and miscellaneous structures and shall remove all rubbish
and leave ground, thoroughfares, and rights-of-way in a neat and satisfactory condition.
01000.19 FAILURE TO CLEAN UP
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Upon failure of the Contractor to keep the sites of his operations clean, to the satisfaction of the
Owner may upon twenty-four (24) hours' notice to the Contractor, remove any rubbish,
materials, earth, etc., which the Owner may deem necessary, charging the cost thereof to the
Contractor and may deduct the amount from any money that may be due him.
01000.20 RESTORATION OF SURFACE
The Contractor shall replace all surface material, and shall restore paving (unless otherwise
stipulated), curbing, sidewalks, gutters, shrubbery, fences, sod, and other surfaces disturbed to a
condition equal to that before the work began, furnishing all labor and materials incidental
thereto. In restoring paved surfaces, new pavement is required except that granite paving blocks,
sound brick, or asphalt paving blocks may be reused.
01000.21 PROJECT RECORD DRAWINGS
The Contractor shall maintain continuous "record" data for the project, including accurate
records of location, length, and elevation of all pipe lines and piping installed and all
architectural, mechanical, or structural features of the Contract and will provide specific
information to Clearwater Gas System as required. A set of drawings will be provided to the
Contractor to be kept at the job site for this purpose. Promptly after completion of any portion of
the job site, the Contractor shall deliver to the City Engineer or Owner the drawings with
accurate notations recorded thereon as necessary to revise the drawings for record purposes.
Information to be shown for water mains shall include the location of valves, tees, and crosses
dimensions to the nearest permanent objector monument. Information to be shown for sanitary
sewer wyes shall include the distance to the nearest downstream manhole, length of service line,
and building number served. The Contractor will be held responsible for the accuracy of such
data and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by
the Contractor.
SECTION 02005
MOBILIZATION
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PART 1 - GENERAL
1.01 WORK INCLUDED
A. The work specified under this Section consists of the preparatory work and
operations in mobilizing to begin work on the project, including but not limited to
those operations necessary for the movement of personnel, equipment, supplies
and incidentals to the project site(s), and for the establishment of temporary
offices, buildings, safety equipment and first aid supplies, sanitary and other
facilities as required by these specifications, special provisions and state and local
laws and regulations.
B. The cost of bonds and any required insurance, consideration for indemnification
to the Owner and the Engineer, and any other pre-construction expenses
necessary for the start of the work, excluding the cost of construction materials,
shall also be included in this Section.
PART 2 - PRODUCTS
A. Not Applicable
PART 3-EXECUTION
A. Not Applicable
PART 4 - MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. The quantity of Mobilization for which payment will be made shall be the actual
number of units measured in place and accepted. The units measured shall be as
listed in the Bid Schedule. If a payment item for Mobilization is not specifically
included in the Bid Schedule, the quantity for which payment will be made shall
be the quantity required to complete the work.
4.02 PAYMENT
A. Payment for Mobilization shall be made at the prices stated in the Bid Schedule.
If a payment item for Mobilization is not specifically included in the Bid
Schedule, payment for the work specified in this Section shall be included in the
several unit and lump sum prices for all applicable items of work.
END OF SECTION
SECTION 02221
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TRENCHING, BACKFILLING AND COMPACTING FOR UTILITY SYSTEMS
PART 1 - GENERAL
1.01 WORK INCLUDED
A. The work included under this Section consists of clearing, excavating, grading
and backfilling as required for the construction of the utility systems consisting of
piping and appurtenances as shown on the Drawings and specified herein.
PART 2 - PRODUCTS
2.01 BEDDING MATERIAL
A. Bedding material for use below the water table or in wet trenches shall be pea
rock, drain field lime rock or similar material as approved by the Owner's
Representative. Pipe bedding material for use in dry trenches shall be lime rock
screenings, sand or other fine inorganic material as approved by the Owner's
Representative.
2.02 ADDITIONAL BACKFILL MATERIAL
A. Additional backfill material shall be a noncohesive, nonplastic granular mixture
of local sand and rock and shall be free from vegetation, organic material, marl,
silt or muck. No stones or rocks shall be larger than 6-inches in diameter, and
when placed within 1-foot of piping and appurtenances stones or rocks shall be no
larger than 2-inches in diameter (1-inch for PVC).
PART 3-EXECUTION
3.01 CLEARING
A. The Contractor shall perform all clearing necessary for the proper installation of
all piping and appurtenances in the locations shown on the Drawings. Plantings,
shrubbery, trees, utility poles or structures subject to damage resulting from the
excavation shall be transplanted, relocated, braced, shored, or otherwise
protected, preserved and restored unless otherwise directed by the Owner's
Representative.
3.02 EXCAVATION
A. The Contractor shall perform all excavation of every description and of whatever
substances encountered, to the dimensions and depth shown on the Drawings, or
as directed. All excavations shall be made by open cut. All existing utilities such
as pipes, poles and structures shall be carefully supported and protected from
injury, and in case of damage, they shall be restored at no cost to the Owner's
Representative.
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B. Trench walls shall be kept to protect the safety of workmen, the general public,
this or other work or structures, or to maintain trench widths within the limits
hereinafter specified, shall be properly sheeted and braced in accordance with the
Florida Trench Safety Act and Occupational Safety & Health Administration
(OSHA) safety standards 29 C.F.R.S.1926.650 Subpart P. Where wood sheeting
or certain designs of steel sheeting are used, the sheeting shall be cut off at a level
2-feet above the top of the installed pipe and that portion below that level shall be
left in place. If interlocking steel sheeting is used, it may be removed providing
removal can be accomplished without disturbing the bedding, pipe or alignment
of the pipe. Any damage to the sheeting shall be cause for rejection of the
affected portion of the work. Not more than 100-feet of trench shall be opened
ahead of pipe laying operations at one time unless the Owner's Representative
approves a greater length of open trench.
C. In areas where trench widths are not limited by right-of-way, and/or easement
widths, property line restrictions, existing adjacent improvements, including
pavements, structures and other utilities, and maintenance of traffic, the trench
sides may be sloped to a stable angle of repose of the excavated material. A
substantially and safely constructed movable shield, "box" or "mole" may be used
in place of sheeting when the trench is opened immediately ahead of the shield
and closed immediately behind the shield as pipe laying proceeds inside the
shield.
D. Ladders or steps shall be provided for and used by workmen to enter and leave
trenches.
E. Pipe trenches for utility lines shall be excavated to a width within the limits of the
top of the pipe and the trench bottom so as to provide a clearance on each side of
the pipe barrel, measured to the face of the excavation or sheeting, if used, of fl-
inches to 12-inches. Where the pipe size exceeds 12-inches, the clearance shall
be from 12-inches to 18-inches. All pipe trenches shall be excavated to a level fl-
inches below the outside bottom of the proposed pipe barrel.
F. Excavation for appurtenances shall be sufficient to provide a clearance between
their outer surfaces and the face of the excavation or sheeting, if used, of not less
than 12-inches. Manhole excavations shall be carried to sufficient depth to permit
their construction on the undisturbed bottom of the excavation.
G. Materials removed from the trenches shall be stored and disposed of in such a
manner that they will not interfere unduly with traffic on public streets and
sidewalks and they shall not be placed on private property. In congested areas,
such materials as cannot be stored adjacent to the trench or used immediately as
backfill shall be removed to convenient places of storage.
H. All materials suitable for use as backfill shall be hauled to and used in areas
where not enough suitable material is available from the excavation.
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I. Suitable material in excess of backfill requirements and all unsuitable material
shall become the property of the Contractor and shall be removed from the work
and disposed of by the Contractor at his expense.
J. Excess suitable material shall remain the property of the Owner and shall be
disposed of within the limits of the project as directed by the Owner's
Representative. The disposal area shall be finish graded upon completion of the
work.
3.03 REMOVAL OF WATER
A. It is a basic requirement of these specifications that excavations shall be free from
water before pipe or structures are installed. However, it is realized that in certain
sections of the work this cannot be accomplished economically and the Contractor
may elect to use the Alternate Method of Construction.
B. The Contractor shall provide all necessary pumps, underdrains, well-point
systems, and other means for removing water from trenches and other parts of the
work. The Contractor shall continue dewatering operations until the backfill has
progressed to a sufficient depth over the pipe to prevent flotation or movement of
the pipe in the trench and so that it is above the natural water table.
C. Water from the trenches and excavation shall be disposed of in such a manner as
will not cause injury to public health, to public or private property, to the work
completed or in progress, to the surface of the streets, or cause any interference
with the use of the same by the public. The Contractor shall submit his proposed
methods of handling trench water and locations at which the water will be
disposed of to the Owner's Representative for approval and shall receive approval
before starting the excavation.
3.04 PIPE BEDDING
A. As described above, all pipe trenches shall be excavated to a level 8-inches below
the outside bottom of the proposed pipe barrel. The resulting excavation shall be
backfilled with approved pipe bedding materials, up to the level of the lower one-
third of the proposed pipe barrel. This backfill shall be tamped and compacted to
provide a proper bedding for the pipe and shall then be shaped to receive the pipe.
Bedding shall be provided under the branch of all fittings to furnish adequate
support and bearing under the fitting. Bedding material for piping shall be pea
rock, drainfield lime rock, or similar materials as approved by the Owner's
Representative. Lime rock screenings, sand or other fine inorganic material from
the excavation may be used for bedding material when pipe is installed above the
natural water table.
B. Any excavation below the levels required for installation of the pipe bedding,
except for "Additional Excavation", as hereinafter specified, shall be backfilled
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with approved bedding material, tamped, compacted and shaped to provide proper
support for the proposed pipe, at no additional cost to the Owner's Representative.
3.05 BACKFILL UNDER MANHOLES AND METER VAULTS
A. Any excavation below the levels required for the proper construction of manholes
or meter vaults shall be filled with Class I concrete. The use of earth, rock, sand
or other materials for this purpose will not be permitted.
3.06 TRENCH STABILIZATION
A. No claim for extras, or additional payment will be considered for cost incurred in
the stabilization of trench bottoms, which are rendered soft or unstable as a result
of construction methods, such as improper or inadequate sheeting, dewatering or
other causes. In no event shall pipe be installed when such conditions exist and
the Contractor shall correct such conditions so as to provide proper bedding or
foundations for the proposed installation at no additional cost to the Owner.
3.07 SPECIAL PIPE FOUNDATION
A. General: When shown on the Drawings or when directed by the Owner, the
Contractor shall provide the special type of pipe foundation in lieu of the pipe
bedding as specified above and provide the additional excavation required.
B. Type A Pipe Foundation: Type A pipe foundation shall be used when and where
directed by the Owner's Representative. Foundation material shall be crushed,
graded, local limestone suitable for use as concrete aggregate. Gradation shall be
such that 95-100 percent of the material will pass a I-inch square opening
laboratory sieve. Material shall be placed from I-foot below the barrel of the pipe
to 6-inches above the pipe and the width of the foundation material as placed
around the pipe shall not be less than the outside diameter of the pipe, plus 12-
inches. Construction of Type A pipe foundation shall be as shown or indicated on
the Drawings. Foundation material shall be placed in the bottom of the trench and
compacted to an elevation, which will provide firm bedding for the full pipe
length, after which material shall be placed and compacted evenly on both sides
of the pipe and above the pipe to an elevation 6-inches above the top of the pipe
barrel. Pipe shall not be displaced or damaged during placement and compaction
of the foundation material.
C. Type B Pipe Foundation: Where soft, yielding, unstable or other unsatisfactory
material exists at the bottom of the trench, the Owner's Representative may direct
the use of Type B Pipe Foundation. Only the pipe foundation ordered by the
Owner's Representative will be paid for. Construction shall be in accordance with
the details shown or indicated on the Drawings. Concrete shall be Class I.
3.08 BACKFILL
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A. Backfilling of utility trenches will not be allowed until the work has been
approved by the Owner's Representative, pressure tested if required, and the
Owner's Representative indicates that backfilling may proceed. Any work which
is covered or concealed without the knowledge and consent of the Owner's
Representative shall be uncovered or exposed for inspection at no cost to the
Owner's Representative. Partial backfill may be made to restrain the pipe during
pressure testing.
B. Backfill material shall be noncohesive, nonplastic material free of all debris,
organic material, lumps, clods and broken paving. Backfill material placed within
I-foot of piping and appurtenances shall not contain any stones or rocks larger
than 2-inches in diameter (1-inch for PVC) and no stones or rocks larger than 6-
inches in diameter will be permitted in any backfill.
C. If a sufficient quantity of suitable backfill material is not available from the trench
or other excavations within the site of the work, the Owner's Representative will
order the Contractor to provide additional material suitable for this purpose. The
additional material shall be installed as specified herein. No payment will be
made for additional backfill material used to replace nonplastic material (rock)
over 6-inches in diameter.
D. Selected backfill material containing no stone or rocks larger than 2-inches shall
be placed in 6-inch layers and thoroughly tamped to a depth of 12-inches over the
top of the pipe. Particular attention and care shall be exercised in obtaining
thorough support for the branch of all service connection fittings. Care shall be
taken to preserve the alignment and gradient of the installed pipe.
E. After the backfill has been placed to a level 12-inches over the waterline or force
main pipe, the remainder of the backfill shall be placed in layers, not to exceed 9-
inches, and compacted with mechanical vibrators or other suitable equipment to
obtain a density of the backfilled material of not less than 95 percent of its
maximum density as hereinafter defined, unless otherwise specified on the plans.
F. After selected backfill has been placed to a depth of 12-inches over the sewer
pipe, backfilling shall proceed to a depth of 30-inches over the pipe by placing the
backfill material in 6-inch layers and thoroughly compacting it with mechanical
vibrators. Backfill in this portion of the work shall be compacted to 90 percent of
maximum density of the material as hereinafter defined, unless otherwise
specified on the plans.
G. After the backfill has been placed to a level 30-inches over the sewer pipe, the
remainder of the backfill shall be placed in layers, not to exceed 9-inches, and
compacted with mechanical vibrators or other suitable equipment to obtain a
density of the backfilled material of not less than 95 percent of its maximum
density as hereinafter defined, unless otherwise specified on the plans.
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H. Within paved areas of trench excavation, the base and surfacing shall be
reconstructed as specified under Section 02574 Pavement Removal and
Replacement.
1. No more than 800-feet of trench with pipe in place shall be partially backfilled at
any time.
3.09
COMPACTION AND DENSITIES
A. Methods of control and testing of backfill construction to be employed in this
work are:
1. Maximum density of the material in trenches shall be determined by
AASHTO Designation T-180, unless otherwise noted.
2. Field density of the backfill material in place shall be determined by
AASHTO Designation T-238.
B. Laboratory and field density tests, which, in the opinion of the Owner's
Representative, are necessary to establish compliance with the compaction
requirements of these specifications, will be conducted at the Contractor's
expense. Tests will be made at depths and locations selected by the Owner's
Representative.
C. Trench backfill which does not comply with the specified densities, as indicated
by such tests, shall be reworked and re-compacted until the required compaction
is secured, at no additional cost to the Owner. The Costs for retesting such work
shall be paid for the Contractor.
3.10
ADDITIONAL EXCAVATION AND BACKFILL
A. Where organic material, such as roots, muck, or other vegetable matter, or other
material which, in the opinion of the Owner's Representative, will result in
unsatisfactory foundation conditions, is encountered below the level of the
proposed pipe bedding material, it shall be wholly or partially removed as
directed by the Owner's Representative and wasted. Sheeting shall be installed if
necessary to maintain pipe trenches within the specified limits. The resulting
excavation shall be backfilled with suitable backfill material, placed in 6-inch
layers, tamped and compacted up to the level of the bottom of the proposed pipe
bedding material. Sufficient compaction of this material shall be performed to
protect the proposed pipe against settlement. Construction shall then proceed in
accordance with the provisions of Article 3.04 Pipe Bedding.
B. Additional excavation shall be performed only when ordered by the Owner's
Representative. Where organic or other unsuitable material is encountered in the
excavation, the Contractor shall bring the condition to the attention of the
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Owner's Representative and obtain his determination as to whether or not the
material will require removal, prior to preparing the pipe bedding.
C. Additional backfill material, if required, shall be furnished in accordance with the
provisions therefore in Article 3.08 Backfill.
3.11 ALTERNATE METHOD OF CONSTRUCTION
A. General:
1. A combination of conditions in the substrata, water table, or method
of disposal may be encountered during the course of the work, which
make dewatering impossible, or only possible through the use of unusual
methods, the cost of which is excessive. When such conditions are
encountered, but only after all reasonable means to dewater the excavation
have been employed without success, the Contractor, with the concurrence
of the Owner's Representative, may elect to employ the following alternate
method of construction. The concurrence of the Owner's Representative
shall be obtained in writing and shall limit the use of the alternate
method of construction to such specific portions of the work as the
Owner's Representatives shall determine.
2. The construction specifications contained in the preceding parts of this
section shall establish the required standards of construction quality for
this work. Use of the alternate method of construction described
hereinafter shall in no way be construed as relieving the Contractor of
his basic responsibility for satisfactory completion of the work. No
additional payment will be made to the Contractor for excavation, backfill,
sheeting or any costs incurred for work or materials, or any other costs
incurred as a result of the use of this alternate method of
construction. The unit and lump sum prices established in the Proposal
shall be full payment for the various items of work.
3. Subject to all of the requirements stated hereinabove, including written
approval of the Owner, construction will be permitted in accordance with
the following specifications. All requirements of Article 3.01 through
Article 3.09, inclusive, of these specifications shall apply to this
construction unless otherwise specifically modified herein.
B. Removal of Water: The installation of pipe, manholes and appurtenances under
water will be permitted and the requirements of Article 3.03 Removal of water
will be waived.
C. Excavation:
1. Excavation of pipe trenches to the level of the bottom of the proposed pipe
bedding shall be performed in accordance with Article 3.02 Excavation. if
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rock, such as lime rock or other similar hard, cemented material providing
firm, unyielding trench bottoms is encountered at the level of the bottom
of the proposed pipe bedding, no additional excavation will be required.
If material such as sand, marl, or other material which cannot be classified
as rock, as hereinabove defined, is encountered at the level of the bottom
of the proposed pipe bedding, the pipe trench shall be excavated to an
additional depth of 10-inches minimum, below that level. This additional
excavation, and the additional back filling made necessary thereby, is an
essential part of this alternate construction method and no additional
payment will be made for this work, regardless of the type of material
encountered.
2. Excavation for manholes to be installed under water shall be continued to
a depth, below the outside bottom of the proposed structure, which will
provide a minimum space of 12-inches in rock, or 24-inches in sand, as
the same are defined hereinabove, for the placement of drainfield lime
rock as hereinafter specified.
3. The excavation of pipe trenches at their junction with excavations for
manholes shall be modified in the following manner: A longitudinally
sloping, plane bottom surface, for the placement of pipe bedding material,
shall be provided from the bottom of the manhole excavation, at its
extremity, to a line of intersection with the bottom of typical excavation of
10-feet measured horizontally, from the vertical plane of the manhole
excavation.
D. Pipe and Manhole Bedding: The pipe trench or manhole excavation shall be
backfilled to receive the pipe or manhole with drainfield lime rock as the same is
commonly referred to in this area, up to the level of the lower one-third of the
proposed pipe barrel, or to the outside bottom of the proposed manhole as
applicable. This backfill shall be tamped and compacted to provide proper
bedding for the pipe or manhole, as also specified herein. Under no
circumstances will material other than drainfield lime rock be considered
satisfactory for use as bedding material for underwater construction.
E. Backfill:
I. After the pipe is installed, backfilling shall proceed in accordance
with the provisions of Article 3.08 Backfill, except that drainfield
lime rock shall be used to back fill around the pipe and to a level
even with the top of the pipe bell. Under no circumstances will
material other than drainfield limerock be considered satisfactory
for this purpose.
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2. If the Alternate Method of Construction is used, all backfill
material, including drainfield lime rock, shall be carefully lifted
into the trench and released to fall freely therein when the bucket
or container is at or just above water level. Under no
circumstances shall backfill material be dumped or pushed into
trenches containing water. Below the existing water level,
backfill material shall be carefully rammed into place in uniform
layers. Above the water level, backfill material shall be placed
and compacted as specified in Article 3.08 Backfill and Article
3.09 Compaction and Densities.
3.12 RESTORATION OF EXISTING SURFACES
A. Paved and grassed areas disturbed by the operations required under this Section
shall be restored as indicated on the Drawings and/or specified herein.
PART 4 - MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. The quantity of Trenching, Backfilling and Compacting for Utility Systems for
which payment will be made shall be the actual number of units measured in
place and accepted. The units measured shall be as listed in the Bid Schedule. If
a payment item for Trenching, Backfilling and Compacting for Utility Systems is
not specifically included in the Bid Schedule, the quantity for which payment will
be made shall be the quantity required to complete the work.
4.02 PAYMENT
A. Payment for Trenching, Backfilling and Compacting for Utility Systems shall be
made at the prices stated in the Bid Schedule. If a payment item for Trenching,
Backfilling and Compacting for Utility Systems is not specifically included in the
Bid Schedule, payment for the work specified in this Section shall be included in
the several unit and lump sum prices for all applicable items of work.
END OF SECTION
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SECTION 02574
PAVEMENT REMOVAL AND REPLACEMENT
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Work includes all labor and materials under this Section for cutting, removing,
protecting and replacing existing pavements of the various types encountered
including roadways, driveways and sidewalks.
B. Permits: The Contractor shall obtain the necessary permits prior to any
roadway work. Additionally, the Contractor shall provide advance notice to the
appropriate authority, as required, prior to construction operations.
C. Protection of Existing Improvements: The Contractor shall be responsible for
the protection of all types of pavements, sidewalks and other improvements
within the work area. All damage to such improvements, as a result of the
Contractor's operations, beyond the limits of the work of pavement replacement
as described herein, shall be repaired by the Contractor at his expense.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Materials, including lime rock, bituminous prime and tack coat, and asphaltic
concrete for the above work shall meet the requirements established therefore by
the FDOT Specifications.
1. Lime rock shall be Miami or Ocala Lime rock.
2. Bituminous prime coat material shall be cutback asphalt Grade RC-70.
3. Bituminous tack coat material shall be emulsified asphalt Grade RS-2.
4. Asphaltic concrete shall be Type S-1 or S-111.
5. Concrete material shall be Class I or II, and/or as otherwise required to
meet FDOT specifications.
6. Welded wire fabric, joint reinforcing welded wire fabric shall conform
to ASTM-A185 and ASTM-A615.
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PART 3-EXECUTION
3.01 PREPARATION
A. Pedestrian or school crossings: Where the work crosses or interferes with school
or pedestrian crossings, extreme care shall be taken by the Contractor to
insure the safety of school children or other pedestrians.
3.02 PERFORMANCE
A. Removals:
1. Pavement Removal:
a. Where existing pavement is to be removed, the surfacing shall be
mechanical saw cut prior to trench excavation, leaving a uniform
and straight edge, with minimum disturbance to the remaining
adjacent surfacing. The width of cut for this phase of existing
pavement removal shall be minimal.
b. Immediately following the specified backfilling and compaction,
a temporary sand seal coat surface shall be applied to the cut
areas. This temporary surfacing shall provide a smooth traffic
surface with the existing roadway and shall be maintained until
final restoration. Said surfacing shall remain for 10 days in order
to assure the stability of the backfill under normal traffic
conditions. Following this period and prior to 15 days after
application, the temporary surfacing shall be removed and final
roadway surface restoration accomplished.
C. In advance of final restoration, the temporary surfacing shall be
removed and the existing pavement mechanically sawed straight
and clean to the stipulated dimensions. Following the above
operation, the Contractor shall proceed immediately with final
pavement restoration in accordance with these requirements.
2. Sidewalk, Drive, & Curb Removal: Concrete sidewalks, curbs,
combination curb and gutter, walks, drive ribbons, or driveways shall be
removed by initially sawing the structure, with a suitable power saw, as
specified above for pavement. When a formed joint in the concrete is
within 3-feet of the proposed saw cut and parallels the proposed saw cut,
the removal line shall be extended to the formed joint. After sawing, the
material shall be removed.
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B. Restorations:
1. General: Cut and removed driveway or roadway pavement in
connection with trench excavation shall be replaced or restored in equal
or better condition than the original and as may be shown on the
Drawings. The Drawings indicate minimum requirements. Backfill
shall comply with the other sections of these Specifications or FDOT
Standards, whichever are more stringent.
2. Pavement Restoration - Asphalt:
a. Lime rock base course shall be compacted for its full thickness to
not less than 98 percent of maximum density as determined by
AASHTO Designation T 180. field density of lime rock base in
place shall be determined by AASHTO Designation T 238.
b. Construction methods and equipment shall generally meet the
requirements therefore as established in the FDOT Specifications.
C. After the application of the prime coat on the base, the prime
coat shall be allowed to cure without sanding for a period of 24-
hours. The Contractor shall take all necessary precautions to
protect the primed surface against damage during this interval.
If, at the end of 24-hours, it is not proposed to proceed at once
with the application of the surface course, primed surface shall be
given a light application of clean sand and opened to traffic.
d. Joints with existing surface and base shall be sawed cut straight
and neat. If necessary to obtain a straight net joint, the
contractor shall cut out sufficient existing material and replace it
with new material.
e. The upper surface of the completed base course shall be
compacted to an elevation to permit the full depth of the surface
course to be constructed without deviating from the grade of the
pavement surface. The completed surface shall match the line
and grade of the existing surface. When pavement is removed to
the edge of the roadway, the replaced base course shall extend
not less than 6-inches beyond the edge of the surfacing.
f. After the base course construction in the trench area has been
completed and primed, the surface shall be tack coated and the
thickness of Type S-I asphaltic concrete shall be constructed in
accordance with the plans or requirements specified above for
pavement restoration.
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3. Driveway Restoration - Asphalt: Driveway pavement with lime rock base
cut and removed in connection with trench excavation shall be replaced or
restored as specified above for street or roadway pavement, except the
new lime rock base course shall be equivalent the existing base course in
thickness, except that in no case shall new driveway base course be less
than 6-inches in thickness. Muck or unsuitable material found under
existing driveway construction will not be removed and replaced.
4. Concrete, Sidewalk, Walkway, Driveway Ribbon and Curb Restoration:
a. Concrete sidewalks, walkways, driveways, driveway ribbons and
curbs required to be removed for the installation of facilities
under this Contract shall be restored. Class I concrete shall be
used in all cases.
b. Replaced portions of these items shall conform to the lines, grades
and cross sections of the removed portions. Concrete
sidewalks and walkways shall be of 4-inch minimum thickness;
concrete driveways and driveway ribbons shall be 6-inch
minimum thickness. Replaced concrete curb and/or gutter shall
join neatly to the remaining section.
5. Pavement Restoration - Concrete: Rigid pavement shall be replaced in
kind with Class I concrete, using high early strength cement. The
subgrade course for rigid pavement shall be replaced with stabilized
subgrade or cleanfill material and compacted to a thickness to match the
existing base.
a. The Contractor shall saw cut and remove the existing concrete to
the nearest joint as directed in the field by the Owner's
Representative. Provision for expansion joints (minimum '/2"
preformed joint filler) and saw cut joints shall be a part of the
restoration work for the driveway and roadway.
6. Asphaltic Concrete Surface Course Overlay:
a. The work under this section includes asphaltic concrete surface
course overlay paving as and where directed by the Owner or his
authorized representative. Where this paving is directed it shall
take the place of asphaltic concrete pavement restoration as
specified herein above. This surface course overlay shall extend
over the reconstructed base course and the existing pavement to
the limits directed by the Owner or his authorized representative,
which generally shall be full width of the roadway.
b. After the base course construction in the trench area has been
completed and primed, the surface shall be tack coated and the
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thickness of Type S-III asphaltic concrete shall be constructed in
accordance with the plans or requirements specified above for
pavement restoration.
7. Nonsurfaced streets, alleys and driveways shall be restored with 6-inches
of compacted lime rock base material placed in the top of the trench.
PART 4 - MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. The quantity of Pavement Removal and Replacement for which payment will be
made shall be the actual number of units measured in place and accepted. The
units measured shall be as listed in the Bid Schedule. If a payment item for
Pavement Removal and Replacement is not specifically included in the Bid
Schedule, the quantity for which payment will be made shall be the quantity
required to complete the work.
4.02 PAYMENT
A. Payment for Pavement Removal and Replacement shall be made at the prices
stated in the Bid Schedule. If a payment item for Pavement Removal and
Replacement is not specifically included in the Bid Schedule, payment for the
work specified in this Section shall be included in the several unit and lump sum
prices for all applicable items of work.
END OF SECTION
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SECTION 02685
NATURAL GAS PIPELINE INSTALLATIONS
PART 1 - GENERAL
1.01 WORK INCLUDED
A. The work specified under this Section consists of all labor, services, equipment,
materials, labor and testing required to complete the construction of the gas main
consisting of, but not limited to, piping, appurtenances and other accessories as
shown on the Drawings.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Clearwater Gas System will furnish all material in connection with the installation
of gas mains and fittings. Materials will be available for pick-up by the
Contractor at 400 North Myrtle Avenue, Clearwater, Florida, 33758. Warehouse
hours are 7:00 AM until 9:30 AM and 2:30 PM until 3:30 PM. The contractor
may pick up materials during these hours only. The contractor shall supply the
labor and equipment necessary for loading the materials supplied by the City of
Clearwater.
PART 3-EXECUTION
3.01 LOADING, STORING AND STRINGING
A. When loading or unloading lengths of plastic pipe, a nylon sling will be used so
as not to damage the pipe itself. When unloading lengths of plastic pipe, it shall
be done by hand in such a manner as not to damage the pipe itself, nor to
endanger the safety of the main.
B. When storing, plastic material and fittings shall be placed on skids and covered
with a sheet of polyethylene or like material to protect it from sunlight.
C. When stringing pipe on the job site, the area will be cleared of all sharp objects,
and pipe will be placed in the ground in the same manner as unloading, so as not
to damage the pipe itself. While stringing lengths of pipe, a nylon sling shall be
used in such a manner so as not to damage the pipe itself.
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3.02 INSTALLATION
A. Installation shall include excavation whether by trenching machine, power shovel,
by hand or other methods which may be necessary to prepare a trench in which
the pipe will be laid. The word "ditching" is used here and shall mean the
maintenance of ditch, including temporary damming, pumping, bailing and
draining and dewatering, wherever required, and the furnishing and placing of
any temporary shoring used to maintain the ditch. When the gas line parallels
other lines, not less than one foot clearance will be permitted from other lines, but
the required clearance from parallel lines shall be obtained from moving the ditch
lines laterally rather than through reduction of normal minimum cover of the gas
line. The foregoing clearances shall be minimum clearances allowable unless
owners of the interfering lines require greater clearances from gas lines. Then
their requirements shall be met if at all possible.
1. Laying is the handling and hauling of pipe from the designated storage
areas incident to placing and joining over or parallel with trench (see
ditching).
2. Before each section of pipe is installed in the line, internal surface shall be
suitably clean.
3. The pipeline shall be pigged prior to final acceptance.
4. The open ends of all sections of joined and/or installed pipe (not in
service) shall be closed at night to prevent animals or foreign material
from entering the pipe line or pipe section.
5. Waterproof nightcaps of approved design may be used but they will be so
constructed that they will prevent the entrance of any type of natural
precipitation into the pipe and will be fastened to the pipe in such a
manner that the wind cannot blow them loose.
6. The practice of stuffing cloth or paper in the open ends of the pipe will not
be tolerated.
7. Where possible, the pipe will be raised and supported at a suitable
distance from the open end such that the open end will be below the level
of the pipe at the point of support.
8. Plastic pipe must be installed below ground level and shall have a
minimum 36-inch depth of cover unless shown otherwise. No gas line
shall be installed at a depth of less than 36 inches or greater than 72 inches
below finish grade without written approval of the owner.
9. Width of ditch shall be no less than twice the pipe diameter.
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10. Plastic pipe is not to be installed in a vault or any other below-grade
enclosure.
11. Plastic pipe must be installed so as to minimize shear or tensile stresses.
12. Thermoplastic pipe that is not encased must have a minimum wall
thickness of 0.090 inches.
13. Any fittings, valves, crosses or laterals shall be accomplished with fusion
welds and the installation shall be included in the unit cost of the pipe
installation.
B. All lines shall be marked by #12 insulated copper tracer wire installed 12 inches
above the pipe. Gas mains, valves and locating stations shall also be marked by
adhesive identification disk affixed to the permanent curb or pavement. In
addition, all mains 4-inches or larger shall be marked by 4-inch wide non-metallic
marking tape installed 18 inches above the pipe. Tracer wire shall be looped-up,
uncut, into every valve box including main valves and service valves.
Installations where 500 feet of pipe is laid between valves, empty valve boxes
shall be installed over the gas main with tracer wire looped up every 500 feet. In
commercially zoned areas, plastic marker poles with tracer wire looped up and
attached may be substituted for empty valve boxes with the inspector's approval.
All tracer wire splices shall be made by the use of a direct bury splice kit. Upon
completion of the project, and before final payment, the inspector will check the
continuity of the tracer wire to ensure that there are no separations, and the tracer
wire can be used for locating purposes. The Contractor shall be responsible for
repairing any damaged, broken or otherwise separated tracer wire. All tracer
wire, marking tape, valve boxes, marker poles and splice kits will be supplied by
Clearwater Gas System and the installation cost shall be included in the unit cost
of pipe installation.
C. Each plastic main must be installed with sufficient clearance, or must be insulated
from any source of heat, so as to prevent the heat from impairing the
serviceability of pipe. Locating wire is to be considered a source of heat.
D. Valves shall be maintained and protected from outside damage throughout the
length of the project and shall be kept accessible. The Contractor shall be
responsible for repairing valves that are damaged by construction activities. The
Contractor shall also make any adjustments to valve boxes that may be required to
be flush with final grade. Gas valves shall be marked by adhesive identification
disks affixed to the permanent curb or the permanent pavement.
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3.03 QUALIFICATION OF JOINING PROCEDURES
A. Joining procedures shall be in accordance with Section 192.283 of the US
Department of Transportation, Title 49, Pipeline Safety Regulations, Part 192.
B. Procedures for making joints in plastic pipe may be tested by the pipe and fitting
manufacturers, and these tests may be accepted by the operator for qualification
of the procedure used by the contractor.
C. A copy of each written procedure being used for joining plastic pipe must be
available to the persons making and inspecting joints at the site where joining is
accomplished.
D. The Director of Operations will furnish a copy of the manufacturers
recommended Heat Fusion Joining Procedures Manual at the time of certification.
3.04 QUALIFICATIONS OF PERSONNEL
A. Any person joining polyethylene gas pipe must receive training in accordance
with Section 192.285 of the US Department of Transportation, Title 49, Pipeline
Safety Regulations, Part 192.
B. No person shall make a joint in a plastic pipe unless that person has been certified
by the Engineer with concurrence of the Director of Operations. Records shall be
maintained of personnel qualified to make joints.
C. Contractor employees and their sub contractors must meet the requirements and
intent of CFR 49 Part 192.801, 192.803, 192.805, 192.807, and 192.809 relating
to Operator Qualification issued on August 27, 1999 and effective with
mandatory training to be completed by October 30, 2009. The Contractor must
state in writing that their qualification plan is in conformance with the intent of
Federal Operator Qualification Regulations and is at least equal to and applicable
to Clearwater Gas System's Operator Qualification Plan. The Contractor's
Operator Qualification Plan must also explain how their employees have the
ability to identify and react to natural gas related Abnormal Operating Conditions
that may be encountered.
3.05 INSPECTION OF PLASTIC JOINTS
A. Each joint must be inspected to ensure that it is acceptable. The person who
inspects joints in plastic pipes must be qualified by appropriate training and
experience in evaluating the acceptability of plastic pipe joints made under the
applicable joining method. The inspector must be approved by the Engineer with
concurrence of the Director of Operations.
3.06 JOINING PLASTIC PIPE
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A. In general, all plastic joining shall be in accordance with American Standards
Code for Pressure Piping, as outlined.
B. A plastic pipe joint that is joined by heat fusion may not be disturbed until it has
been properly set. Plastic pipe may not be joined by a threaded joint. Miter joints
are prohibited.
C. Each heat fusion joint on plastic pipe must comply with the following:
1. A heat fusion joint must by joined by a device that holds the heater
element square to the ends of the piping, compresses the heated ends
together, and holds the pipe in proper alignment while the plastic hardens.
2. Heat may not be applied with a torch or other open flame.
3.07 TESTING
A. Each segment of a plastic pipeline must be pressure tested. The test procedure
must insure discovery of all potentially hazardous leaks in the segment being
tested. The plastic pipeline installation shall be pressure tested to 120 pounds per
square inch for PE 2406, 150 lbs per square inch for PE 3408, or no less than the
Maximum Allowable Operating Pressure of the Distribution System. The
temperature of thermoplastic material must not be more than 100 degrees
Fahrenheit during the test. These tests shall be recorded on a chart-type pressure
instrument. Test duration shall be 24 hours.
B. Testing shall be in accordance with the rating of the specific material in use.
C. Fusion joints shall be a one-half inch molten bead of uniform appearance after
completion. This bead shall be visible and examined for penetration 360 degrees
around the pipe diameter.
3.08 ANTI-DRUG AND ALCOHOL PROGRAM
A. The contractor agrees that it has in place, or will implement a drug and alcohol
training and testing program for its employees that complies with the
requirements of the US Department of Transportation, Title 49, Pipeline Safety
Regulations, Part 199, Drug Testing Program for Pipeline Personnel. The
Contractor further agrees to allow access to its property and records by the
Human Resources Director, or appointed designee, of the City of Clearwater. The
Contractor will permit representatives of state or federal agencies who monitor
the compliance of Drug and Alcohol rules/regulations access to its property and
records.
B. Said program shall provide pre-employment, random, for cause and post accident
drug training and testing (alcohol for cause testing) for all of its employees as
MS110593 Item # 12
Attachment number 1
Page 81 of 90
required by Federal regulations and who are assigned to perform services for
Clearwater Gas System.
C. The contractor shall attest in writing, under oath, the following:
I. That the contracting firm has an agreement with a drug testing laboratory
certified by HHS/NIDA and an alcohol testing facility;
2. The name and address of the Medical Review Officer retained by the
contractor for the drug and alcohol testing program;
3. That all employees of the contractor have been drug tested pre-
employment; and
4. That all employees covered by the US Department of Transportation
Regulation 199 receive random, for cause and post accident drug testing
and alcohol testing for cause pursuant to such regulation.
D. Prior to doing any work for the Clearwater Gas System, the contractor will submit
a copy of their current Alcohol Testing Policy and Drug Testing Policy. This
policy will be included in a response to the Request for Bid.
PART 4 - MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. The quantity of Natural Gas Pipeline Installation for which payment will be made
shall be the actual number of units measured in place and accepted. The units
measured shall be as listed in the Bid Schedule. If a payment item for Natural
Gas Pipeline Installation is not specifically included in the Bid Schedule, the
quantity for which payment will be made shall be the quantity required to
complete the work.
4.02 PAYMENT
A. Payment for Natural Gas Pipeline Installation shall be made at the prices stated in
the Bid Schedule. If a payment item for Natural Gas Pipeline Installation is not
specifically included in the Bid Schedule, payment for the work specified in this
Section shall be included in the several unit and lump sum prices for all
applicable items of work.
END OF SECTION
MS110593 Item # 12
Attachment number 1
Page 82 of 90
SECTION 02696
DIRECTIONAL DRILL UTILITY PLACEMENT
PART 1 - GENERAL
1.01 WORK INCLUDED
A. The work specified under this Section consists of furnishing and installing
underground utilities by directional drill methods. This work shall include all
services, equipment, materials, labor and testing required to complete the utility
installation and restore any disturbed areas to their existing or better conditions.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Plastic pipe must meet or exceed the following strength and composition
standards:
PE (Polyethylene) ASTM D 2447
PE (Polyethylene) ASTM D 2513
For gas pipes over 31/2" diameter
An air pressure test for leaks shall be conducted in the presence of the Engineer or
his authorized representative immediately before and after completion of each
crossing at a minimum test pressure of 150 PSI.
Either of the two test methods outlined below will be satisfactory:
1. Standard twenty-four hour pressure test with recording chart.
2. Pressure test utilizing a DRAGNET type leak detecting device, or other
equivalent testing equipment capable of detecting pressure drops of one-
half PSI. Length of test to be as recommended by the testing equipment
manufacturer for the conditions of the particular job.
a. Plastic Pipe
1. Couplings: Plastic pipe couplings shall meet or exceed all
applicable ASTM strength and composition standards for
the particular type pipe being used.
2. Joints: Plastic pipe joints shall be made in accordance with
applicable ASTM standards. In all cases, the joints shall be
made sufficiently strong to withstand the stresses of
MS092993 Item # 12
Attachment number 1
Page 83 of 90
installation, with joints completely set and cured prior to
placement of the pipe.
B. Drilling Fluids shall consist of a mixture of potable water and gel-forming
colloidal material such as bentonite, or a polymersurfactant mixture producing a
slurry of custard-like consistency.
2.02 EQUIPMENT
A. All equipment used in the execution of work shall have the built-in capacity,
stability and necessary safety features required to fully comply with these
specifications without showing evidence of undue stress or failure.
It shall be the responsibility of the Contractor to assure that the equipment to be
used in the crossing operation is in sound operating condition. Backup equipment
may be required where job site conditions indicate that severe damage to the
roadway or a hazardous condition may result in the event of an equipment
breakdown and where the condition of the equipment to be used indicates that
routine component replacement or repair will likely be necessary during the
crossing.
1. General Arrangement of Tunnel Boring System: The tunnel boring
equipment shall consist of truck-mounted field power unit and a trailer or
dolly mounter drill unit. A minimum crew of three people is required to
operate the units.
a. Field Power Unit: The field power unit shall be a self-contained
truck-mounted system designed to provide a supply of high
pressure bentonite cutting fluid to the drill unit. It shall contain a
1,000 gallon (3,800 liter) fluid storage tank and a complete
bentonite mixing system. The cutting fluid is to be mixed on site
without the need for an external water supply. It shall permit
changes to be made to the bentonite concentration during tunneling
in response to changing soil conditions. The field power unit shall
contain the power-takeoff-driven high pressure bentonite pumping
system.
b. Directional Drill System: A dolly mounted version of the drill
system shall include a thrust frame. Both the trailer mounted and
dolly mounted drill system shall be designed to rotate and push
10-foot (3-meter) minimum hollow drill sections into the tunnel
being created by the boring head. The drill sections shall be made
of a high strength steel which permits them to bend to a 30-foot
(9-meter) radius without yielding. Drill end fittings shall permit
rapid make-up of the drill sections while meeting the torque,
pressure and lineal load requirements of the system. The boring
head itself shall house a watertight battery-operated electronic
MS092993 Item # 12
Attachment number 1
Page 84 of 90
system used to determine tool depth and location from surface and
to orient the head for steering.
All tunneling systems shall be in sound operating condition with
no broken welds, excessively worn parts, badly bent or otherwise
misaligned components. All ropes, cables, clamps and other non-
mechanical but essential items shall be in sound condition and
replaced immediately when need is apparent.
Other: Devices or utility placement systems for providing
horizontal thrust other than those previously defined in the
preceding sections shall not be used unless approved by the
Engineer prior to commencement of the work. Consideration for
approval will be made on an individual basis for each specified
location. The proposed device or system will be evaluated prior to
approval or rejection on its potential ability to complete the utility
placement satisfactorily without undue stoppage and to maintain
line and grade within the tolerances prescribed by the particular
conditions of the project.
Water sluicing methods, jetting with compressed air, or boring or
tunneling devices with vibrating type heads that do not provide
positive control of the line and grade shall not be allowed.
2. Spoils Equipment: Vacuum truck shall be a self-contained truck which
has sufficient vacuum and capacity to remove excess bentonite mixture
from the project site as required or directed by the Owner's
Representative.
PART 3-EXECUTION
3.01 PERSONNEL REQUIREMENTS
A. Responsible representatives of the Contractor and Subcontractor(s) shall be
present at all times during the actual crossing operations. A responsible
representative as specified herein is defined as a person experienced in the type of
work being performed and who has the authority to represent the Contractor in a
routine decision making capacity concerning the manner and method of carrying
out the work specified herein.
B. The Contractor and Subcontractor(s) shall have sufficient number of competent
workers on the project at all times to ensure the utility placement is made in a
timely and otherwise satisfactory manner. Adequate personnel for carrying out
all phases of the actual crossing operation (where applicable: tunneling system
operators, operator for removing spoil material, and laborers as necessary for
various related tasks) must be on the job site at the beginning of work. A
competent and experienced supervisor representing the Contractor or
MS092993 Item # 12
Attachment number 1
Page 85 of 90
Subcontractor that is thoroughly familiar with the equipment and type of work to
be performed, must be in direct charge and control of the operation at all times.
In all cases the supervisor must be continually present at the project site during
the actual crossing operation.
3.02 COORDINATION OF THE WORK
A. The Contractor shall notify the Owner and Engineer at least 24 hours in advance
of starting work. In addition, the actual crossing operation shall not begin until
the Engineer or his representative is present at the project site and agrees that
proper preparations for the crossing have been made. The Engineer's approval for
beginning the crossing shall in no way relieve the Contractor from the ultimate
responsibility for the satisfactory completion of the work.
B. The Contractor and the Engineer shall select a mutually convenient time for
crossing operation to begin in order to avoid schedule conflicts.
3.03 PROCEDURE
A. Erection or installation of appropriate safety and warning devices in accordance
with the Florida Department of Transportation (FDOT) Manual on Traffic
Control and Safe Practices shall be completed prior to beginning work.
B. Subsurface Soil and Drainage Investigation: To correctly plan individual crossing
procedures such as dewatering, use of cutting heads, positioning of auger within
the casing and to accurately locate potential problem areas, an adequate
subsurface investigation shall be made by the Contractor.
C. Equipment Set-Up:
1. The general operating sequence of the tunneling system shall be as
follows:
a. The trailer or dolly is positioned at the starting location.
b. The tool head and first drill pipe are loaded onto the thrust frame.
C. The proper cutting fluid pressure is set on the field power unit.
d. The tool is advanced and steered level at the proper depth using the
locator to sense tool position.
e. More drill pipe is added as the tool is advanced.
£ After each new drill pipe is advanced into the ground, the tool is
located and a computer generates the steering command for the
next length of drill pipe to keep the tool on course.
MS092993 Item # 12
Attachment number 1
Page 86 of 90
g. Steps "e" and "f7' are repeated until the tool advances to the end of
the run.
h. At the end of the run the drilling head is removed and a reamer is
attached to enlarge (if necessary) the hole for the utility.
The utility is attached to the reamer.
j. The drill pipe is withdrawn from the hole pulling the utility.
k. Utility connections are made.
L The area is restored.
D. Crossing Operation: The actual crossing operation shall be accomplished during
daylight hours and shall not begin after the hour pre-established as the latest
starting time that will allow completion during daylight hours except as noted
below:
1. In emergency situations, or where delay would increase the likelihood of a
failure, nighttime work will only be allowed to complete a delayed
crossing. In addition, where the obvious hazards of nighttime work are
carefully considered and determined to be insignificant, nighttime work
will be allowed to complete a properly planned crossing if the Engineer
agrees that the delay was caused by reasonably unavoidable
circumstances, when such nighttime work is necessary to avoid placing an
undue hardship on the Contractor.
Planned nighttime work is expressly prohibited and will not be allowed
except for extenuating circumstances. Any nighttime work shall be in
strict conformance with the Florida Department of Transportation (FDOT)
Manual on Traffic Control and Safe Practices.
E. Equipment Breakdowns or Other Unforeseen Stoppages: If forward motion of the
tunneling tool has halted at any time other than for reasons planned for in advance
and prevention of voids under paved areas cannot be assured, the tunnel must be
filled with bentonite by injection as soon as possible and abandoned.
When an obstruction is encountered that cannot be passed or an existing utility is
damaged, open cutting for inspection may be allowed if approved by the Engineer
when consideration of all pertinent facts indicate such action is warranted. Any
such authorized excavation shall be repaired according to the appropriate
specifications herein or otherwise directed.
MS092993 Item # 12
Attachment number 1
Page 87 of 90
3.04 WAIVER OF REQUIREMENTS
A. These specifications are appropriate for most common crossing situations. Under
unusual conditions, not adequately covered herein, these requirements may be
altered or waived when their strict adherence would increase the likelihood of
crossing failure. Any such alteration or waiver shall be based on sound
engineering judgment and must be fully documented as further specified herein.
Any alteration or waiver must be approved by the Engineer.
3.05 REPORTING PROCEDURES
A. An accurate log shall be kept by the Contractor on all crossings. The purpose of
this log is to record and report the data necessary to isolate and identify all
common factors associated with underground crossing failures. The log shall also
be for the inspector's use as a checklist of essential items pertaining to the
crossing. The data shall be recorded on the job site during the actual crossing
operation. The log shall include elevation readings of the utility every 10 feet
along the crossing.
PART 4 - MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. The quantity of Directional Drill Utility Placement for which payment will be
made shall be the actual number of units measured in place and accepted. The
units measured shall be as listed in the Bid Schedule. If a payment item for
Directional Drill Utility Placement is not specifically included in the Bid
Schedule, the quantity for which payment will be made shall be the quantity
required to complete the work.
4.02 PAYMENT
A. Payment for Directional Drill Utility Placement shall be made at the prices stated
in the Bid Schedule. If a payment item for Directional Drill Utility Placement is
not specifically included in the Bid Schedule, payment for the work specified in
this Section shall be included in the several unit and lump sum prices for all
applicable items of work.
END OF SECTION
MS092993 Item # 12
Attachment number 1
Page 88 of 90
SECTION 02935
SODDING
PART 1 - GENERAL
1.01 WORK INCLUDED
A. The work specified in this section consists of the establishing of a stand of grass,
within the areas indicated on the Drawings and/or areas disturbed by construction
activities, by the furnishing and placing of grass sod, fertilizing, watering and
maintaining the sodded areas to assure a healthy stand of grass.
1.02 SUBMITTALS
A. A certification of sod quality by the producer shall be delivered to the Engineer
ten days prior to use.
PART 2 - PRODUCTS
2.01 GRASS SOD
A. Grass sod shall match existing grass type and shall be well matted with grass
roots. The sod shall be taken up in rectangles, preferably 12-inch by 24-inch,
shall be a minimum of 2-inches in thickness and shall be live, fresh and uninjured
at the time of planting. It shall be reasonably free of weeds and other grasses and
shall have a soil mat of sufficient thickness adhering firmly to the roots to
withstand all necessary handling. The sod shall be planted as soon as possible
after being dug and shall be shaded and kept moist until it is planted.
2.02 FERTILIZER
A. Commercial fertilizers shall comply with the state fertilizer laws.
B. The numerical designations for fertilizer indicate the minimum percentages
(respectively) of (1) total nitrogen, (2) available phosphoric acid and (3) water-
soluble potash contained in the fertilizer.
C. The chemical designation of the fertilizer shall be 12-8-8. At least 50 percent of
the phosphoric acid shall be from normal super phosphate or an equivalent source
which will provide a minimum of two units of sulfur. The amount of sulfur shall
be indicated on the quantitative analysis card attached to each bag or other
container.
MS092993 Item # 12
Attachment number 1
Page 89 of 90
2.03 WATER FOR GRASSING
A. The water used in the sodding operations may be obtained from any approved
spring, pond, lake, stream or municipal water system. The water shall be free of
excess and harmful chemicals, acids, alkalies, or any substance which might be
harmful to plant growth or obnoxious to traffic. Salt water shall not be used.
PART 3-EXECUTION
3.01 PREPARATION OF GROUND
A. The area over which the sod is to be placed shall be scarified or loosened to a
suitable depth and then raked smooth and free from rocks or stones. Where the
soil is sufficiently loose, the Owner's Representative, at his discretion, may
authorize the elimination of ground preparation.
3.02 APPLICATION OF FERTILIZER
A. Before applying fertilizer, the soil pH shall be brought to a minimum range of 6.0
-7.0.
B. The fertilizer shall be spread uniformly over the area to be sod at the rate of 500
pounds per acre, by a spreading device capable of uniformly distributing the
material at the specified rate. Immediately after spreading, the fertilizer shall be
mixed with the soil to a depth of approximately 4-inches.
C. On steep slopes, where the use of a machine for spreading or mixing is not
practicable, the fertilizer shall be spread by hand and raked in and thoroughly
mixed with the soil to a depth of approximately 2-inches.
3.03 PLACING SOD
A. The sod shall be placed on the prepared surface, with edges in close contact and
shall be firmly and smoothly embedded by light tamping with appropriate tools.
B. Where sod is used in drainage ditches, the setting of the pieces shall be staggered
so as to avoid a continuous seam along the line of flow. Along the edges of such
staggered areas, the offsets of individual strips shall not exceed 6-inches. In order
to prevent erosion caused by vertical edges at the outer limits, the outer pieces of
sod shall be tamped so as to produce a featheredge effect.
C. On steep slopes, the Contractor shall, if so directed by the Owner's
Representative, prevent the sod from sliding by means of wooden pegs driven
through the sod blocks into firm earth, at suitable intervals.
D. Sod which has been cut for more than 72 hours shall not be used unless
specifically authorized by the Owner's Representative after his inspection thereof.
MS092993 Item # 12
Attachment number 1
Page 90 of 90
Sod which is not planted within 24 hours after cutting shall be stacked in an
approved manner and maintained and properly moistened. Any pieces of sod
which, after placing, show an appearance of extreme dryness shall be removed
and replaced by fresh, uninjured pieces.
E. Sodding shall not be performed when weather and soil conditions are, in the
Owner's Representative opinion, unsuitable for proper results.
3.04 WATERING
A. The areas on which the sod is to be placed shall contain sufficient moisture, as
determined by the Owner's Representative, for optimum results. After being
placed, the sod shall be kept in a moist condition to the full depth of the rooting
zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed
until the sod roots and starts to grow for a minimum of 60 days (or until final
acceptance, whichever is latest).
3.05 MAINTENANCE
A. The Contractor shall, at his expense, maintain the sodded areas in a satisfactory
condition until final acceptance of the project. Such maintenance shall include
repairing of any damaged areas and replacing areas in which the establishment of
the grass stand does not appear to be developing satisfactorily.
B. Replanting or repair necessary due to the Contractor's negligence, carelessness or
failure to provide routine maintenance shall be at the Contractor's expense.
Replanting necessary due to factors determined to be beyond the control of the
Contractor shall be paid for under the appropriate contract pay items.
PART 4 - MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. The quantity of Sod for which payment will be made shall be the actual number
of units measured in place and accepted. The units measured shall be as listed in
the Bid Schedule. If a payment item for Sod is not specifically included in the
Bid Schedule, the quantity for which payment will be made shall be the quantity
required to complete the work.
4.02 PAYMENT
A. Payment for Sod shall be made at the prices stated in the Bid Schedule. If a
payment item for Sod is not specifically included in the Bid Schedule, payment
for the work specified in this Section shall be included in the several unit and
lump sum prices for all applicable items of work.
END OF SECTION
MS092993 Item # 12
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the deferral and amortization of the Gas Supply Acquisition Project No. 2 termination payment received August 7, 2009, from
Florida Gas Utility in the amount of $4,151,418.62, plus accrued interest earnings over the remaining term ending September 30, 2026,
and authorize the City Manager to adjust the annual transfer amount and/or remaining term to mitigate abnormal swings in the gas
supply market. (consent)
SUMMARY:
On June 15, 2006, the City of Clearwater (City) Council adopted Resolution 06-38, approving a "Gas Supply Agreement No. 2" project
(GSAP 2) with Florida Gas Utility (FGU), which consisted of pre-purchasing a 20-year supply of natural gas at a discounted price
relative to the daily gas market. FGU executed a 20-year Prepaid Gas Purchase agreement with UBS AG effective September 1, 2006,
to provide supply gas for the Clearwater Gas System, as well as 15 other FGU member systems, starting October 1, 2006, through
September 30, 2026.
In April 2009, UBS informed FGU they could no longer support GSAP 2 since they had decided to exit the gas supply
business. Therefore, FGU negotiated with UBS to terminate the prepay agreement. On May 12, 2009, FGU and UBS entered into a
"GPA Unwind Agreement Related to Gas Supply Acquisition Project No. 2".
On June 1, 2009, the City and FGU executed a Termination, Release and Proceeds Directive, which acknowledged the termination of
GSAP 2. The Directive also instructed FGU to wire transfer to the City our proportionate amount of the termination payment, which
was calculated to be $4,151,418.62.
Amortization of the termination payment balance, including accrued interest earnings, will be calculated annually on a straight-line
basis beginning October 1, 2009, over the remaining term ending September 30, 2026, which was the original end date for GSAP 2, and
the annual amount transferred into the CGS Purchased Gas Adjustment (PGA) clause bucket to the benefit of gas ratepayers. Since this,
in effect, serves as a Rate Stabilization Fund, the City Manager is authorized to increase or decrease the annual transfer from this fund
and/or the remaining term to mitigate abnormal swings in the supply market.
Amortization and deferral of the termination payment is in compliance with Financial Accounting Standards Board Statement No. 71,
"Accounting for the Effects of Certain Types of Regulation."
It should be noted that, in addition to this termination payment, CGS and its customers benefited by $884,646 from the inception of the
GSAP 2 project on October 1, 2006, through its termination on May 31, 2009. Therefore, the total benefit derived by CGS from this
GSAP 2 project was $5,036,118, plus the interest that will accrue over the next 17 years.
Type:
Current Year Budget?:
Other
Yes Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
to
Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager ED 6) Clerk 7) City
Approval: Manager 8) Clerk
Cover Memo
Item # 13
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize a purchase order for payment of premiums under the City's "1%" Life Insurance program for the continuation of life
insurance plans with New York Life Insurance in the amount of $140,000 for the fourteen month period from September 1, 2009, to
October 31, 2010. (consent)
SUMMARY:
The City maintains a group life insurance benefit for employees, referred to as the 1% Life Insurance Program, under which the City
matches employee contributions for individual life insurance premiums in an amount not to exceed 1% of the employee's annual
salary. Of the present 1% Life Insurance participating vendors, only New York Life Insurance currently maintains employee enrollment
in numbers great enough that the total dollar amounts for employee and City contributions to premiums require City Council approval
authorizing a purchase order for payment. This purchase order will provide for funds to cover the last two months of fiscal year 2009
and all of fiscal year 2010.
This purchase order request is considered to be for a continuation of services that are excepted from the bid process as contracts for
insurance.
[Sec. 2.564(1)0)].
Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) Clerk
Cover Memo
Item # 14
Attachment number 1
ALNm Page 1 of 1
Clearwater
o City Commission
Final Agenda Item #
99?ygiEpF`°? Agenda Cover Memorandum Meeting Date:
SUBJECT/RECOMMENDATION:
Authorize a purchase order for payment of premiums under the City's "1%" Life Insurance program for the
continuation of group life insurance plans with New York Life Insurance in the amount of $140,000 for the
fourteen month period from September 1, 2009, to October 31, 2010. This purchase order request is considered
to be for a continuation of services that are excepted from the bid process as contracts for insurance.
[Sec. 2.564(1)0)].
® and that the appropriate officials be authorized to execute same.
SUMMARY:
The City maintains a group life insurance benefit for employees, referred to as the 1% Life Insurance Program,
under which the City matches employee contributions for individual life insurance premiums in an amount not
to exceed 1% of the employee's annual salary. Of the present 1% Life Insurance participating vendors, only
New York Life Insurance currently maintains employee enrollment in numbers great enough that the total dollar
amounts for employee and City contributions to premiums require City Council approval authorizing a purchase
order for payment. This purchase order will provide for funds to cover the last two months of fiscal year 2009
and all of fiscal year 2010.
Reviewed by: Originating Dept: Costs
Legal Info Svcs Allen Del Prete/Human Total
Resources
Budget Public Works User Dept. Funding Source:
Purchasin DCM/ACM Capital Improvement Current Fiscal Year
9
Risk Mgmt Other Attachments Operating X
Other
Appropriation Code:
Submitted by: ? None
City Manager
0 Printed on recvcied paper ItAm * ae9r.
2198
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract (Purchase Order) to Verizon, Florida, Inc., Saint Petersburg, Florida for telephone service including frame relay
service, TI's, credit/collect calls, backup trunks, VADI circuit, and DSL high bandwidth services during the period October 1, 2009 to
September 30, 2010, at a cost not to exceed $372,170, in accordance with Sec. 2.564 (1)(e), Code of Ordinances, and authorize the
appropriate officials to execute same (consent).
SUMMARY:
The Verizon Purchase Order - $372,170
- Frame relay, Point to Point, T1's, and radio circuits for the network - $280,010
- Collect, operator assisted, pay phone calls - $2,760
- Backup trunks for the PBX network in case the T1's fail - $11,400
- DSL/High bandwidth service for Parks & Rec, Fire, and Solid Waste transfer station, and VADI circuit - $78,000
Type: Operating Expenditure
Current Year Budget?: None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
0555-09865-542100-519-
000-0000
0555-09862-530300-519-
000-0000
$372,170.00
10/1/2009 to 9/30/2010
Amount
$294,170.00
$78,000.00
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
None
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 15
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract (Purchase Order) to State of Florida, Department of Management Services, Tallahassee, Florida for Suncom long
distance overflow service, State AIN Centranet lines, and toll free lines during the period October 1, 2009 to September 30, 2010, at a
cost not to exceed $143,150 in accordance with Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 730-000-09-1, and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
Department of Management Services - $143,150
Toll Free number into the network - $650
Centranet lines (462 numbers) for the outlying individual sites - $140,000
Domestic overflow long distance calls through Suncom - $2,500
Type: Operating Expenditure
Current Year Budget?: No
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
0555-09865-542100-519-
000-0000
$143,150.00
10/1/2009 to 9/30/2010
Amount
$143,150.00
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
None
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 16
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract (Purchase Order) to Oracle USA Inc., Chicago, Illinois for the period October 1, 2009 through September 30, 2010 for
database maintenance at a cost not to exceed $189,000 in accordance with Sec. 2.564 (1)(b), Code of Ordinances, and authorize the
appropriate officials to execute same (consent).
SUMMARY:
This is an annual contract for Peoplesoft (payroll system), Oracle (database licensing), and SPL/Synergen maintenance (asset
management system).
- PeopleSoft - $97,650
- SPL $69,300
- Oracle Database $22,050
Type: Operating Expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
0555-09864-546200-519-
000-0000
$189,000.00
10/1/2009 to 9/30/2010
Amount
$189,000.00
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
No
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 17
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Amend the Joint Participation Agreement (JPA) AOU60, Supplemental Number 02, between the City of Clearwater and the State of
Florida Department of Transportation (FDOT) to construct a new multi plane hangar(s) at the Clearwater Airpark, and adopt Resolution
09-34.
SUMMARY:
Due to current economic conditions, we have a waiting list for enclosed "T" hangars and believe it will be more cost effective to rent
smaller hangars than filling a large multi plane hangar. The FDOT requires a supplement to the contract to make the change to hangars
plural.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 18
09111/2009 14:15 7274626957 CLEARWATER_MARINA
RESOLUTION NO. 09-34
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE EXECUTION OF A JOINT
PARTICIPATION AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, AMENDING THE
AGREEMENT TO CONSTRUCT A NEW MULTI PLANE
HANGAR TO NEW MULTI PLANE HANGARS AT THE
CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE
DATE.
Atta it nL@Q"6
Page 1 of 1
WHEREAS, the Florida Department of Transportation (FDOT) has agreed to
provide funding to construct a new multi plane hangars at the Clearwater Airpark under
Joint Participation Agreement Financial Project No.: 41434219401, Contract No.:
AOU60, Supplemental Number 02, a copy of which is attached hereto as Exhibit "A";
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the Joint
Participation Agreement between the City and the State of Florida Department of
Transportation, Financial Project No.: 41434219401, Contract No.: AOU60,
Supplemental Number 02 at the Clearwater Airpark.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of , 2009.
Approved as to form:
Camiio Soto
Assistant City Attorney
Frank Hibbard
Mayor
-Attest:
Cynthia E. Goudeau
City Clerk
Resolution IWt it
Attachment number 2
09/11/2009 14:15 7274626957 CLEARWATER_MARINA PagRAG[E4 02/06
STATE of FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
Number 02
7x5.030.07
PUEUC TRAN$PQRTATION
DW
Page 1 Of 4
Financial Project No.:
41434219401
set -aKuence
Contract No.: AOU60 DUNS No.: 80-939-7102
Catalog of Federal Domestic Assistance Number, NIA
THIS AGREEMENT, made and entered into this day of , ,
by and between the SPATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and City of Clearwater
P.O. Box 4748, Clearwater, FL 34618-4748
hereinafter referred to as Agency.
WITNESSETH:
,
WHEREAS, the Department and the Agency heretofore on the-25th day of April 12008
entered into a Joint Participation Agreement; and
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
hereto; and
WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment
"A" for a total Department Share of $405,431.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Descdption: The project description is amended
to emend the project description to read"To construct new multi plane hangars at the Clearwater Airpark".
_ Otg. Gode. 55072020728
Vendor No.: F596000289002
Catalog of State Financial Assistance Number. 55004
Fund: 010 FLAIR Category: 088719
Function: 637 ., Object Code: 75004
Federal No.: NIA
Item # 18
09/11/2009 14:15 7274626957 CLEARWATER_MARINA pater 4n162
2.00 Project Cost:
Paragraph 3.00 of said Agreement is increased by $0.04
bringing the revised total cost of the project to $ 506,788.00
Paragraph 4.04 of said Agreement is Increased by $0.00
bringing the Department's revised total cost of the project to $ 405,431.00
3.00 Amended Exhibits;
Exhibit(s) 8
nfaW-07
PLMJCTPAN8P WATION
Mw
pKe204
of said Agreement is amended by Attachment "A".
4.00 Contract Time:
Paragraph 18.00 of sold Agreement June 34th 2012
Item # 18
Attachment number 2
09/11/2009 14:15 7274626957 CLEARWATER_MARINA PagRAC4E4 04/06
7250.07
PUBUC TRANSPORTATION
OM07
Pqp 3 of 4
Financial Project No. 41434219401
Contract No. AOU60
Agreement Date - '
Except as hereby modified, amended or changed, all other terms of said Agreement dated April
and any subsequent supplements shall remain in full force and effect.
IN WITNESS WHEREOF;, the parties hereto have caused these presents to be executed, the day and year first
above written.
AGENCY
Clty of Clearwater
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
TITLE
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
etutue)
LEdAL REM
DEPARTMENT TRANSPORTATION
Scott W. Collister, P.E.; CPCM
DEPARTMENT OF TRANSPORTATION
25th 2008
Item # 18
09/11/2009 14:15 7274626957 CLEARWATER_MARINA PataR 4 nr b 6 2
725-03W
PUMIC TRANSPORTATION
04W
Passe 4 0 4
Financial Project No. 41434219401
Contract No. AOU60
Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between
the State of Florida, Department of Transportation and City of Clearwater
P.O. Box 4746, Clearwater, FL 34618-4748----
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
There is no funding increase with this supplement. The title is being amended from " To construct a new multi plane
hangar at the Clearwater Airpark" to read "To construct new multi plane hangars at the Clearwater Airpark."
i. Project Cost; As Approved As Amended Net
$506,788.00 $506,788.00 $0.00
Total Project Cost $506,788.00 $506,788.00 $0.00
1. Fund As Approved As Amended Net
Department: $405,431.00 $405,431.00 $0.00
Agency: $101,357.00 $101,357.00 $0.00
$0.00 $0.00 $0.00
Total Projed Cost $506,788.00 $506,788.00 $0.00
Comments:
Item # 18
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve an agreement between the Florida Commission on Community Service and the City of Clearwater renewing the AmeriCorps
Clearwater program for the period of January 1, 2010 through December 31, 2010, including a cash match in the amount of $78,200,
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Clearwater Police Department has been a participating member of the AmeriCorps program since 1995, and for the past five
(5) years has been the lead agency and grantee for AmeriCorps Clearwater.
AmeriCorps Clearwater is a public safety program designed to foster citizen responsibility, build neighborhood unity, provide
educational opportunities, and save police officer time by members performing non-hazardous public safety duties. Each full-time
program member provides 1,700 hours annually and each part-time member provides 900 hours annually, resulting in a savings of over
18,000 hours of valuable police officer time. This allows police officers to devote more time to hazardous and critical crime mitigation
tasks. AmeriCorps members promote a safe and friendlier place to live and visit. They also serve as a conduit for dissemination of
information to residents and visitors who are most affected by ongoing changes in the City.
The Clearwater Police Department benefits from the members' assistance with community policing efforts and the opportunity to
mentor and mold the potential police officers of the future. Eight (8) full-time AmeriCorps members, five (5) part-time AmeriCorps
members and one (1) AmeriCorps Program Coordinator are assigned to the Clearwater Police Department. The full-time AmeriCorps
members receive a minimum living allowance/stipend of $11,400 per year, and part-time AmeriCorps members receive a living
allowance/stipend of $6,035 per year.
A continuation funding request and application was submitted and approved by The Corporation for National and Community
Service for Federal Assistance in the amount of $130,923. Special Project 181-99261 has been set up for AmeriCorps Clearwater
2010. A budget amendment will provide the cash match with a transfer of $78,200 from the Special Law Enforcement Trust Fund
project 181-99331.
Type:
Other
Current Year Budget?: No
Budget Adjustment Comments:
Budget Adjustment: No
Current Year Cost: $78,200 Annual Operating Cost:
Not to Exceed: Total Cost: $78,200
For Fiscal Year: 2009 to 2010
Appropriation Code Amount Appropriation Comment
181-99261 $78,200
Cover Memo
Bid Required?: No Bid Number:
Other Bid / Contract: Bid Exceptions: None
Item # 19
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Attachment number 1
Page 1 of 13
S '? 14 U.. h? 1 t 1, IS T' f 1 ;S
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Prodder 11 rtuue of such relat w I _, the receipt luacy of all of which co I, are
here p?;ledged
now th_,r(-i,,I. in eonsiderat- r of the mutual covenant, i r tter set
,
forth, hereto agree as c s.
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to
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B. rogE `` alrrie. Thl• 13,1, change the program name without the prior
tvntt:g p,. _,al of th,_ t ,_I_-1_-_ssion.
Item # 19
Rev 17 l M3:2; Pit i l,
Attachment number 1
Page 2 of 13
Px
?. i;?' __"ttlTZ7 measures C1L3 ti
be sed
(Output'
!?? 'k 01?, .'6''•, iiieas uc hB 11 i, 'i."..
- ?? r.. 11f1 tdl 11 ... S
w, (fpoli(: ,,-, i0lk A, f?vwu result
report a sense o I' . wru,T. measured b., _.akeholde s 4 ,,
n 7 ll 31 i rtli A- tit
I - ?.rrt lt.
a L?1-1111 of' the
Pere it s; _ inic, L-t I -!?Lal I tember _ ..
b. The Provider -iii
a inirrinilua of i acts.
.,aryls (cash) and/or in-kind contributions
Attachment III cif` the total ],or alli.
e: The d -tl : fo (( ar 7 f_. as listed in
t1"F Gs r r I S 4 1 A 1 GF 4 ?? ? ]. C 3 L? 4J' ? 41 4
,.. Comir° llist be notified fl all
C1,; ;._ L id get. The Cofer: ? i ? )n r ?
tl ')t'? 3 disall, revisions.
. 11 to a 1 t ti 1 = nea t
purchase .. ?
Item # 19
Rey' s 1 % O 1 01:27 P \,l
r a
Attachment number 1
Page 3 of 13
F. t ?.-. T'j-, 1 he Ar, ?r) - -
,id ipa rlrt'. I r E 'or
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e w
- 74ill
re, recll,r,. G
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s-, 1 ;?.i,s in Jl 'Wifl `_-t- arlprescribe the
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oninwi I 114-,oegj?jr?,_,??i 4' L;n TI,,- 1'rovrder N? 11
' 1 provided.
€k
D: _
C 'd r . f7-i rster { rY ? i •''.
lases.
a of Facilities for Readily Aclfls. ,,"able ,,,, r ier Removal,, The Pr, , '.
'wk , nduct :rually a review cf polfci??? Id
1. F t 1
.
IaPci1, l:,y
?..r ;?. Report with i f,1,s,,-tn doc i.rr't_'I cr, With the ? CTI i cll of the, i l
Iri-ial Deports, all ,_", ,rts for rerrr_'i . %;,, at are due 15 cl., i lrer the ,:.'I-d ; if
tl C o r1. If c rcurr del yip r °irn) r.,
should - e befo ,: u
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e_1111ir ?.;r_, ,_Li' Bever is aj,' ldc rf _L.
vial repor, within tlspecified ti - ill r _l ats to pwY7r-, Sri
9. Iq)porti Docunie,,T.!.oi(m. The Pr id r will submit sur
for all exp(i?•..fitures ?. I:?:
. r
rr L t
st of
?AAO or Lill Li I
Item # 19
Red 1 ;: .? PM Page
Attachment number 1
Page 4 of 13
dude rho
C1? Dn.
ie The
'r this
I ! t Iir u d in
tl ] L. -1r L w;i L 1
11. , iits. The 10 1 C7TVid1 and compliance
Of the 'r,, 11tS' tl',' the schedule o
"ltngs at f the id of
Provide fi t! I , all related I r : Lrisaetic is lc
is T11
13. Other Report,,. The Pr eider a,_rc,_,, ti prc . , - ether reports as may be requested
by the Cora' :,i ! sv an estal,lish 1 deadl l ,..
?1,,?1?.;f
2m I r• N Eder ? rI j :re and , .?I. ,1 ,I i 1 ,? felc'." l ?•?r?_
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7
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tl CC rp, i-l 1 at 5?' ,
. The Prn 1, .. 11, r and maintain Sergi , fn wbc, will provide s f ` to tiie
meriC , , 20%e
5. The --i- ? r and m °ml -Lt I A
6. Ir. P th a
t art. 1 po icies a (, t.: )r PS
is ?1?_, .r ?,•: ? ? a ??.t??::,. ?.a?w:?; :?,?,? tisv ? ? 1??, !I _
ai1. ...?n t ince A eriCorps r, it
Item # 19
Rev 1 1'03:271 PN1 Page 4
Attachment number 1
Page 5 of 13
pMembers will prov d_ service i ar.-_ Outlined in the ap,arc,
1 : ,1 (Attachment 11),
r 1+ a minimum i ArneriG.rr, into ha`-t: ? .
ILAl ,AIL .. I LA 11
a- _ r
przp L,9 cc - alintu
.. _? i it E:l f.
P l' im _der agrees to develop into signed agreernei..
n r using an , tneriCores M Contract in compliance ? ith the
'rovisions.
4a ( t the p1 11, t r-,
1 c,- . Play l
r ,
d?serrptronsw and number I " l k, aers sc . this
be fir, quested in writing by 14 :?i , ]der and approved in
Fr„-1-n t F r ; "s ; for each
1' .rtal. s a. hard c'-Pv
lii a mernb(' . t ,I .
7. )e revised
tl a r I 2r if Status Form ?? ??y7pl..•_ I via iC . i
P I l uvstern for eat r k, 11 or for the following core'] terns.
a si-,-;)ension
d. L i } r!tcal f +. , .
'Orps l b, _ Tile prod am should beep a 1--d
A Natrgt l 1 ! ; End of Terri It Form must be cor. t
pis the Amer r-. 1 )rtal for ithi 30 f
her I -d
. 1
Rya 1111
2. It a1 t_
pr.
_ r the -d t;I -f this
Y
.. .'I .,.?'Ct
I ,;",!rtions of in-kited support for the services provided under the terms ofthis
7
C,' acts s;_ I P It dt: i
tip iticsk . '
f;
Item # 19
t2., ; 1 )3:1 7 11?\t
Attachment number 1
Page 6 of 13
-vice site supervtsion.
a _ Il.,i T . S -0 he P 1 btY f ; --- - -
''
b. 6I 1 liu,, 11
I : r?spo,,3, 1 LLJ1 s
) I124 upervision and
and verification
C) 'ller se. d s 4. 11 .
e. d- ;.: tip it of pr ohik,'t,: 1 rernber activities, and
d I._, ,.,.? i io n or pry .?. i_iiii t1c rE
. T, t 1nclud- a list P .e ) 113t1ons on : i 'Ii i x?9,1's as
". d:1 .'
e;
b
c:
d, -_-, ice an nouncements
Mt J tl ?..J..
I7 - i -1c nt i 1:)1j 11 1, "1 (under
Cv C.J-)-6d1_A .47` ,I 1_te! f'1 L=i ?1,..I ?cLiU.
fi
tl-i C.. f,'.1':[y of t-1,,1, C P; _?'i 'I I .'I' 1? ? _L?1il .? ? provide lic ? ?!r
E
pre p:-. i j
_ lr act1vrta,_ It
c( mere
t t irl t
V l
r
volunteers may be I, - r A to
Provider staff n A mer, ?`--rP f lcrrrt>,._'r- I.:11 ?.re directioi,, _.;I_I
o the Provide1 hall not he cow?L1 i ;, i vonirl i_ V, INCA
U I O(IV) F.
11? IT
i1 1
S, off .
U' -1
semi rir.h?
L. rl t?1 f ?'
r y 'L C ? ?L?d1 t}1,E 6 ??LE. 1 LiG LI l i ? ` ' 14.1 CF,
ex; a
Item # 19
Rev l 1 13: 21mm E''u1 Page 6
Attachment number 1
Page 7 of 13
tai dl i f
C _i[Z ;l-ic r 'vould be t'11)? 1 '
e; I ) Tl-e Comm fission `••111 furni t -'
al 1 re`fI1 b Ui T
as f a. f : ..gat l?....t
A to facilitate the iniprci vel I ?
o f kills a n d knmN 1 1ge for ti L iand t l ,:_ m riCo ps nd
sty ?gthen i,l.. ?.s IT, .li,_ii Ies are r-ovid&c, T
Li T.
K. StW!lro
?? Ttl,_ i?•. X11 ?? .!f?_ - r-? - '?' I 'I ?_d?t?r?al .- I;._ 1.'?
rl :- tile> t_iit, I_ii ?I .?',.. I egUired v .'r? ,
Li?IJf I. _ rfda Program Di,i?.'_ Id
I'S L-A, _)nLp lit.
> .., ._
t t v ?1
rr :ysion,s i'-'alt 1'i
Ti Provider 1 provision Lech ical assistar,, •.
r PR and First T
1 t tilled its CPR and -
. 0
Item # 19
I., i4=:2 ; PM Page 7
Attachment number 1
Page 8 of 13
i 'rt` ,-eciatron trait 1` .x to tl1 s
f. troductior tr" Disaster and one additional training in the area. c f ._?
.;-;ar Vines ion, ands` or response.
include. but are not limited to:
,_;
1duc: t at l ..? . G r
.s S
_ tivi i A "or and , paid easons o , t'hat ed n,t1 1 sere -ice days of v C or oratic l bnal e lee, rite
the contract I '..
11 is an I
1. J I Pr,_ 1 J.,'.am_?i: "'ishino the
?:l r
? 1.
e 7
-
. T' i it pei °d by
inspect are,, , doc i i f , , ii-,, good, -ii of the
Provide: .i ? e .-, pit to this ?ntract, or to o"...I ` 1, any clients,
el ipl }rs. or and,, other partic, rovidei be
ri? m rir e oftl t:.?? , i .
n I
. i
11 ,; a11d
. _irtners.
-5. P, is -_ted inforn-latlon in a tim( Li ,i, t in the fotinat specified by
tl C
tan act ?`ti ith c t.-mun ty ao, :d c, ' the.
C n -Ssion or its cc
1. T ecords of deliverables, including reports and
y r . I, ji
! . .
2. I t m:ii in >iscal records and documents (iricludin
rn -dia) in accordance xith gene :Ay accepted accoui ' ]? i ,
I 1 sufficiently and Y ,rl reflect all ; 1L an
. rill he at
C' fission _.'
Item # 19
3 2 ; PNt P
Attachment number 1
Page 9 of 13
. P' t- _ r a t t:- .;11 documc,i'. or
of Chapter 119, F, -1 by
i.l? 1, 1'rovidei reply
a i
o the
ier to prmidc . ' 1
,'.lil urit agreed u !! llh
ill be subject to tilt lCrltl ? ? i this
I. l ai (Ifapprov-l that the C:or-ir I ; i
Hie, Pio,1 i - l:) 11--clod Ludit and r„,?_ ;.. v.,. kits
1 agree - Lt ".: iit_,_ the Provider 1 ' r't l . r
d services iTt-L' _ T -It of ' Z.?;?_ , greater.
I 10 Lit it 1 be sole] ?. , i-tv I;
for the wrongful a,--.?. I, ? •I I?:??? r. ld ? err- Ito) r, n,,a-11
herein shall c.7il !, her party of its sov4'li:, , r+r ter the
pro-vision of &-l- J, ",tatute,
d. "<<cident itl C'iapte - __ 7 .
ispect
- 1 l?i ,', t.? t3r
1;
j . t 1'
w I I I i
Item # 19
t 1: ° P [arc 9
Attachment number 1
Page 10 of 13
1.I F_C:'I.'91<4 JS.?I€tt'Ir:'fj,?_
'I ij it,l this
;hall be pr(-),-
f V
f. 1Cam.
t°
\o per I"1 I. Provider 1__
s) her i
,r of an irr?r?..
hrothe' , l ,''.. si "-in°tati
..
...-Id scri.
It i If Uris
1y ?I i? I d and
il.- . -J: ?_: •-
I 1
r. 11
.. ...-. _.. .. -
I I ?.? c
?.
I_.. 1... ?1 ces
d a n the
.11 I he reported to th.: ?I ?ion
me Deport to a nat car can-ltt"
T. ,. Ir I f .,,nd Priohibitcd IlF t.,I ??Il,liI,XOIri, The Provider will ensi
Ii,i ,.• ,;isi..rimmation in accordarc ,..,; ith Ai"i ,,,-riCorPs Provisions.
?t? ,(...urate re rbri . .. '.'Yt TL: q1'.?
t ?
f-)n 1 will
. ? C tnnl? n agrees t -'.I. •,ider in
s needed h ntfract.
x _: connnuc ,l, Wlit the
„i to the A
:he ink
D. ?kt4kl'[.,IIr ?t ?? f t7e
111. PRO" iI I' F I
10 N) tF.
31
L, _ f t. The maximum amount reirnbursabIc
C. tr ct. I iris l; ill a
serf"ic'es will he 4.Of7.t( I.:.'' , v11 kilw1,-Ul iii'.
iii- tL ified contract period. 1L;_ C,)mmis.Ua;>;'?. 1.,_..IjI'i ?w Uil?. :. to
Item # 19
1:217 Pit P Z? ltd
Re\
Attachment number 1
Page 11 of 13
t a.
rT'at? and C, _r ! C_rda.
D, Products. Th- 1,,,, passible,
n-ake pr( dl under this cci to ?ble It r-l?.. of
r ti,,n tc ? 1 • r ! The C, lmi ro? ? -
id : _
s_ ILL
- ! c Y1rn2sstC}tl
CC'MII IL
E. The ,-L c1 ._t mattei< 1 I It- i ? shall
t aff list, 1 'n Section I I ofthis Cry°ri ict_ iI if- d in
iti ig. The pi m I- contact o:t veil, t,,,, " all a} Ii .. ? 11 W iii-_l' (_)f alternative
I ;its shoulc:l 1?? t [able.
g?yx
F. _t mp t,f r I 4 ract I I. ?b t"
p w
LJ v .. .'
l< ei'i. 71 •` c )ntracat rnav be temr} ted by either .°' _ V Ur) on
tice r11 ` : _ I''. .•, rthorat tr s
-roes mutuCl , _,. ?iMe n-tics sh; 11 '>.:
b _ 'rfi d mail ? ICI I ?..•_eipt re 7?,, r, r in f,, on , ith r ,. ,f . 1 .i?
b- s
.u
TL It as
w
3. 1 } This c 7 ri ay be tei .
c,- r 1 1 or of contrac, b r" the Provider u n I'. I
twenty- U; 11£il lGe. If apPI able, the C o71'1I1i1? 1v the
d_. 't } 6C, FAQ`. 'atv-I, nn
crthc r
t this
j r]
I to
i
. ?. _ `I. ;I. ! ?fsslCrrr, Llie Prove'.. auditor
:he Provider-,rl' t I.°
c - Uilless extenuatin'!
circ ?.st are _i b` J C sslon.
Item # 19
I 7 0 1. PM Pa e I 1
Attachment number 1
Page 12 of 13
, T ind tell 1' fit- the.
Pc
L, 'is
C'le
i
100
T
?t? tr
Item # 19
'1 '7. 00 1 PNj
P 12
Attachment number 1
Page 13 of 13
c#.' - t (-
r'?ri s.
_ Tf pis contra
n cots 'ittc
Attachment :1 - Contract .', amendment Form.
At, c1- ment 11 - p ro Y.o )s Proposal
AT - nt III - 1 ELid, °d Budget Narr tiv.-
rah 1 ? 1 _ t 1' 4
Co' _ .. I:
a , ttorney
By: - - I--. , HorTte II
x,11 1
Attest:
and 1
ed lr. -111-
Cynthia E. G i
City Clerk
THE FLORIDA COMMISSION ON COMMUNITY SERVICE
Commonly referred to as VOLUNTEER FLORIDA
Bv:
'1, endy encc
-tire IfrE )r
pl,-, - s to form: Attest:
Item
Rev 8/ 17/09 sae t.3 # 19
Amendment
FORMAT
A'T'TACHMENT I
Attachment number 2
Page 1 of 2
This amendment is made BETWEEN
The Florida Commission on Community Service
401 South Monroe Street
Tallahassee, Florida 32301
referred to herein as the "Commission"
AND
City of Clearwater on behalf of
Clearwater Police Department
645 Pierce Street
Clearwater, FL 33756-5400
referred to herein as the "Provider" amends
Contract
1. Section , Paragraph is hereby amended to read:
2. This amendment shall begin on , or on the date on which
the amendment has been signed by both parties, whichever is later.
3. All provisions in the contract and any attachments thereto in conflict with this amendment
shall be and are hereby changed to conform with this amendment.
4. All provisions not in conflict with this amendment are still in effect and are to be performed
at the level specified in the contract.
5. This amendment and all its attachments are hereby incorporated into and made a part of the
a. - , e_cited contract.
IN WITNESS, THEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
PROVIDER
Countersigned:
Frank V. Hibbard
Mayor
CITY OF CLEARWATER, FLORIDA
By:
Approved as to form:
Robert J. Surette
William B. Horne II
City Manager
Attest:
Cynthia E. Goudeau Item # 19
Page 14
COMMISSION
Signed by:
Signature
Wendy Spencer
Chief Executive Officer
Date
Page 15
Attachment number 2
Page 2 of 2
Item # 19
August 13, 2009 3:56 PM
Application ID: 09AC102567
Section 1. Program Operating Costs
A. Personnel Expenses
B. Personnel Fringe Benefits
C. Travel
Staff Travel
Member Travel
D. Equipment
E. Supplies
F. Contractual and Consultant Services
G. Training
Staff Training
Member Training
H. Evaluation
1. Other Program Operating Costs
Travel to CNCS-Sponsored Meetings
Section I. Subtotal
RPT_BGT 424
Attachment number 3
Page 1 of 2
AmeriCorps Clearwater
Clearwater Police Department
Budget Dates:
Total Amt CNCS Share Grantee Share
76,273 14,020 62,253
27,979 5,309 22,670
326 0 326
16,848 0 16,848
Total $17,174 $0 $17,174
5,325 455 4,870
1,918 250 1,668
Total $1,918 $250 $1,668
15,864 2,000 13,864
0 0 0
Total $15,864 $2,000 $13,864
$144,533 $22,034 $122,499
Section I Percentage 15% 85%
Section II. Member Costs
A. Living Allowance
Full Time (1700 hrs) 91,200 66,576 24,624
1-Year Half Time (900 hours) 30,175 22,028 8,147
Reduced Half Time (675 hrs) 0 0 0
Quarter Time (450 hrs) 0 0 0
Minimum Time (300 hrs) 0 0 0
2-Year Half Time (2nd Year) 0 0 0
2-Year Half Time (1st Year) 0 0 0
Total $121,375 $88,604 $32,771
B. Member Support Costs
FICA for Members 9,285 9,285 0
Worker's Compensation 17,914 0 17,914
Health Care 11,000 11,000 0
Total $38,199 $20,285 $17,914
Section II. Subtotal $159,574 $108,889 $50,685
Section II. Percentages 68% 32%
Section III. Administrative/indirect Costs
A. Corporation Fixed Percentage
Corporation Fixed Amount 0 0 0
Commission Fixed Amount 1,375 1,375 0
Total $1,375 $1,375 $0
B. Federally Approved Indirect Cost Rate
Section III. Subtotal $1,375 $1,375 $0
Section III Percentage 100% 0%
Section I + III. Funding Percentages 16% 84%
Budget Totals $305,482 $132,298 $173,184
Budget Total Percentage 43% 57%
Required Match 26%
# of years Receiving CNCS Funds 4
Form 424A Modified SF-424A (4/88 and 12/97)
Page 1
Item # 19
August 13, 2009 3:56 PM
AmeriCorps Clearwater
Clearwater Police Department
Total MSYs
COSt/MSY
10.50
$12,600
RR,TdWa4Wber 3
Page 2 of 2
Form 424A Modified SF-424A (4/88 and 12197)
Page 2
Item # 19
Budget Narrative for 09AC 102567
Budget Narrative: AmeriCorps Clearwater for Clearwater Police Department
Section I. Program Operating Costs
A. Personnel Expenses
Aft a%
mentOnf mber 4
Page 1 of 5
Position/Title -Qty -Annual Salary % Time CNCS Share Grantee Share Total Amount
AmeriCorps Program Director: - 1 person(s) at 46735 each x 100 % usage 14,02
0 32,715 46,735
20
Deputy Chief of Police: - 1 person(s) at 103802 each x 5 % usage 0 I 5,190 5,190
Lieutenant: - 1 person(s) at 97897 each x 5 % usage 0 4,895 4,895
Sergeant: - 1 person(s) at 82239 each x 20 % usage 0 16,448 16,448
Senior Accountant: - 1 person(s) at 60102 each x 5 % usage 0 3,005 3,005
CATEGORY Total s 14,020 62,253 76,273
B. Personnel Fringe Benefits
Purpose -Calculation -Total Amount CNCS Share Grantee Share Total Amount
AmeriCorps Program Director (Fringe Benefits): Pension: $9,346.98 SS:
$677.66 Major Medical: $6,200 SAMP Life Insurance: $84.60 Life Insurance: 5,309 12,388 17,697
$10.00 Worker's Compensation: $1,378
AmeriCorps Program Director Worker's Comp: $53.02/pay @ 26 pay periods 0 378
1 1
378
$53.02"26 = 1378 , ,
Deputy Chief Fringe Benefits: Pension: $1,038.02 Major Medical: $310 SAMP
' 0 1
429 429
1
Life Insurance: $9.36 Life Insurance: $0.50 Worker
s Compensation: $71.25 , ,
Lieutenant Fringe Benefits: Pension: $978.97 SS: $70.98 Major Medical: $310
Life Insurance: $0.50 Worker's Compensation: $71.25 0 1,432 1,432
Sergeant Fringe Benefits: Pension: $3,289.56 SS: $238.49 Major Medical:
' 0 055
5 055
5
$1,240 Life Insurance: $2 Worker
s Compensation: $285 , ,
Senior Accountant Fringe Benefits: Pension: $601.02 Major Medical: $310
SAMP Life Insurance: $5.49 Life Insurance: $0.50 Worker's Compensation: 0 988 988
$71.25
CATEGORY Totals 5,309 22,670 27,979
C. Travel
Staff Travel
Purpose -Calculation FCNCS Share Grantee Share Total Amount
Program Director Meetings: 2 trops @ 270 miles (RT) @ $0.585/mile = 0 326 326
$158/trip Tolls = $5/trip Total Cost/Trip = 163 x 2 = $326
CATEGORY Totals 1 E 0 1 1 326 326JI
Item # 19
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Budget Narrative for 09AC102567
Member Travel
Pa?e 2 of 5
Attac ent number 4
Page 2 of 5
Purpose -Calculation CNCS Share Grantee Share Total Amount
Vehicle Use for Member Activities: 2400 miles/month @ $0.585/mile = $1,404
$1,404 x 12 months = $16848 0 16,848 16,848
CATEGORY Totals 0 16,848 16,848
D. Equipment
Item/Purpose -Qty -Unit Cost CNCS Share Grantee Share Total Amount
I CATEGORY Totals I L 0 0 0
E. Supplies
Item -Calculation CNCS Share Grantee Share Total Amount
Member Service Gear: ($35/member)(13 members) = $455 455 0 455
CPD Issued Uniforms: 13 members @ $335/unifom = $4,355 0 4,355 4,355
CPD Issued Bike Helmets: 13 members @ $35/helmet = $455 0 455 455
Office Supplies: 12 months @ $5/month = $60 0 F 60 60
CATEGORY Totals
455
11 1
4,870
- 11
5,325
F. Contractual and Consultant Services
Purpose -Calculation -Daily Rate 1 1 CNCS Share Grantee Share Total Amount
CATEGORY Totals 0 0 0
G. Training
Staff Training
Purpose -Calculation -Daily Rate I ECNCS Share Grantee Share Total Amount
CATEGORY Totals 0 0 0
Member Training
Purpose -Calculation -Daily Rate CNCS Share Grantee Share Total Amount
Refreshments for Day Long Training: 10 days @ $25/day = 250- Daily Rate of 250 0 250
25
Item # 19
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Budget Narrative for 09AC102567
A'tt#90, Ober 4
Page 3 of 5
Member Training (In-kind): Disability Awareness $100 Cultural Diversity $100 0 400 400
Conflict Resolution $100 Intro to Disaster $100- Daily Rate of 0
Member Training (In-kind: Traffic Direction $135 CPD Policies/Procedures $58
Mule $40 CPR/First Aid $650 ($50/member) Radio $92 Pawn Slip Entry $90 0 1,268 1,268
Video Message Board $40 Bike Training $163- Daily Rate of 0
CATEGORY Totals
250
IL 1
1,668
1 d
1,918
i
H. Evaluation
Purpose -Calculation -Daily Rate CNCS Share 1 1 Grantee Share Total Amount
CATEGORY Totals 0 1 1 0 0
1. Other Program Operating Costs
Purpose -Calculation CNCS Share Grantee Share Total Amount
Travel to CNCS-Sponsored Meetings: 0 I
- 0 0
2,000
CNCS Sponsored Meetings: 0 2,000
Office & Training Space (In-kind): 580 sq ft @ $231sq ft = $13,340 per year 0 13,340 13,340
Nextel Cell Phone (In-kind): $35/month @ 12 months = $420 IL 0 1 1 420 420
Police Dept. Proxy Access Cards (In-kind): 13 members x $6/proxy card = $78 11 0 78 78
Background Screenings/Criminal History Checks (In-kind): 13 members x 0
$2/screening = $26 26 26
CATEGORY Totals 2,000 13,864 15,864
SECTION Totals 22,034 122,499 144,533
1 PERCENTAGE 15% 85%
Section II. Member Costs
A. Living Allowance
Item - # Mbrs w/ Allow -Allowance Rate - # Mbrs w/o Allow
Full Time (1700 hrs): 8 Member(s) at a rate of 11400 each
Members W/O allowance 0 CNCS Share
66,576 Grantee Share
24,624 Total Amount
91,200
1-Year Half Time (900 hours): 5 Member(s) at a rate of 6035 each
Members W/O allowance 0 22,028 8,147 30,175
2-Year Half Time (1st Year): Member(s) at a rate of each
Members W/O allowance 0 0 0
2-Year Half Time (2nd Year): Member(s) at a rate of each
Members W/O allowance 0 0 0
Item # 19
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Budget Narrative for 09AC102567
?MRA,Yhlber 4
Page 4 of 5
Reduced Half Time (675 hrs): Member(s) at a rate of each 0 0 0
Members W/O allowance
Quarter Time (450 hrs): Member(s) at a rate of each
0
0
0
Members W/O allowance
Minimum Time (300 hrs): Member(s) at a rate of each 0 0 0
Members W/O allowance
I CATEGORY Totals 88,604 1 =32,771 I L-1
B. Member Support Costs
Purpose -Calculation
1 11 CNCS Share
1 Grantee are
11 Total Amount
FICA for Members: 7.65% of total living allowance 9,285 0 9,285
Worker's Compensation: $1378 x 13 members = $17,914 0
II 17,914
?? 17,914
Health Care: 8 members @ $1375/year = $11,000 11,000 0 11,000
CATEGORY Totals 20,285 17,914 38,199
SECTION Totals 108,889 50,685 159,574
PERCENTAGE 68% 32%
Section III. Administrative/Indirect Costs
A. Corporation Fixed Percentage
Item -Calculation CNCS Share Grantee Share 1 1 Total Amount
Corporation Fixed Amount: F 0 11 0 0
Commission Fixed Amount: 1,375 0 1,375
CATEGORY Totals
1
E 1,375 0
1,375
B. Federally Approved Indirect Cost Rate
Calculation -Cost Type - Rate Claimed -Cost Basis -Rate CNCS Share
I
Grantee Share
L
Total Amount
-
CATEGORY Totals 0 L 0 0
SECTION Totals 1,375 0 1,375
PERCENTAGE 100% 0%
BUDGET Totals II 132,298
PERCENTAGE II 43%
173,184 II 305,482
57%
Item # 19
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Budget Narrative for 09AC102567
Total MSYs II 10.50
Cost/MSY II 12,600
Source of Funds
/ tt pneAAber 4
Page 5 of 5
Section Match Description Amount Type Source
Salaries: Deputy Chief, Lieutenant, Sergeant, and Senior 29,538 In Kind State/Local
Account Manager
Fringe Benefits: Deputy Chief, Lt, Sgt, and Senior 10
282 In Kind State/Local
Accountant Program Dir. Worker's Comp ,
Member Travel 16,848 In Kind State/Local
Section I. Program Operating
Costs
Supplies CPD Uniforms, bike helmets, office supplies
4,870
In Kind
State/Local
Member Trainings 1,668 In Kind State/Local
Other Operating Costs Training space, nextei cell phone,
proxy access cards, and background screenings. 13,864 In Kind State/Local
Section I Total 77,070
Member Worker's Compensation 17,914 In Kind State/Local
Section II. Member Costs
1
Section II Total
1
17,914
Section III.
Administrative/Indirect Costs
Total Source of Funds 94,984
Item # 19
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Attachment number 5
Page 1 of 20
2009AME ICG U„ C _- f Pi';; I I 1
Ffr t e p 1, 069
't'hese Arn riGorps Groat Pro 7isiC s_ r binding o the grantee. By acc el funds under
this ,rant, the granic. agrees to c;, i yr ith, and include in all suborants, the ..: IeriCorps
Provisions, all app i.. ,,1,-•_? federal st _L:1,. _, lulations and guidelines, and any amendments
thereto, The urante:, i,grees to operate it v ied program in accorda ic,w ; Ir the approved -rant
application and budget, supporting docun ,,as, and other representations bade in supTo7t of the
approved grant application, For the purpos, s of these Provisions, --Amer;--orps" refer
AmeriCorps Mate a d National ara :,s only. The term grantee is used to connote. i "1 gi antee
or sub-rantee, z ai iate, th i, -,W these Provisions,
TABLE OF CO'IL
1. Char • ,-< in the 2009 A i:..:riCorps Grant PI'ov I Ions ........................ .................. ........ ..2
II. l cox` and RegL ll,. 'l', .'authority.............,..
III.. Other . Pplicable tattu, rv and Administrative Provisions.. .......................................... ..2
A. States. Indian Tribes. U. S. Territories. and Local Governments ................ ........ ..?
B. Nonprofit Organizations .............. ......... .................. ......... .................. ........ ..2
C. Educat:, ial Institutions ..., .,.... 2
D. Oth?, -. licable Statutes and regulations ................. ....................................... ..3
E. Ord, :r iy e edenee .......... ......... ................... ......... ......... ..................
IV. AmeriG i _ ecial Provisions,............ ......... .................. ......... ............................ ..
A. i?..Iii'. oi,s .............. ......... ......................................... ......... ......... ................... ..J
B. - tfaIi tion with the AmerlCorps National :service Network .. .................. ........ ..4
C. I ber recrultrfl 'nt. Selection, and Edit....,.,. ..»» ..... ......... .................. ........ ..5
D. SUpervislon and .............................. ......... ......... ............................ ..6
E, I,.1:,: e from Pai. ......... ........
F. Li, •l_ _ Allovvanc.? . `I °.i- In-Service Benefits. and T?-, .... ............................ ..7
G. eco,dc qna • L_!AL.ntiality ..... ........... .......
I-I, B. L !id P _,rr_.r. _a.i,.ic Changes ..........................»,......,...., 1. 1
1. l' Drting Requirements .............. ............................. ......... ......... .................. 12
J. GI .nt Period and Incremental Funding ................. ....... .........,........... ., .....,....,.....,,. 12
V. Gene ral Provisions.... ............................__......................... ..,..,.,. .....,...................,,. 1
A. Responsibilities der grant Administration ............... ......... ..................»......... 1 3
B, Financial Ma; . - Standards ..................... ., 13 )
C. The Office of Inspcctu, General......,_, .................»..,.. ,.,.,..,. ..................,......... 14
D. Prouram Income ................ ........................................ . ........ ........................... 1
E. Safety ......... .................... ................... ... 15
F. Non-discrit-nination Public Notice and Records Compliance.
G. Grants Products ............................................................ ......... ............................ 16
H. Suspension or Terniination of Grant,.. .................................. ............................. 17
1. Fixed Amount Award (Education Award Programs Only) .... ...................
i T nff eking in Persons ...... .........
V1. i ?. ie1.At
Cr i _,_r1 n Civil rights and lion-llarassmeiit Polio . ..................________ 20
Revised - - Item # 19
Attachment number 5
Page 2 of 20
1. --:;ES I THE 2009 AME C IIP'S GRANT P",' O\ 14. i !C IS
No ch.:-- -re track fro n the 2008 AmeriCorps Grant Provisions.
II< L"'- ° TINTS > REGULATORY AUTHORITY
This fyra; ? authorized by and subject to the National and Community Service Act of 1990 as
amended, codified as 42 U.S.C. 125011 et seq.. and 45 CFR 0 et seq. Grantees must comply
with the requirements of the Act and its implementing r-, f ;: or .
III. `HER APPLICABLE STATUTORY ADMINISTRATIVE PROVISIONS
`rhe following applicable f-de, 1 c r Irinciples, administrative requirements and audit
requirements are incorpor--f':. d
A. ST A' , ' IAN TAPES, T.S. TERRITORIES, AND LOCAL Ii ". 11 ''iTS
The following circulars and their implementino, regulations apply to states. Indian tribes. U.S.
territories. and local governments
I. MB Circular A-102, Uniform Administrative Requirements for Grants and Cooperative
. vements to State and Local Governments -X15 CFR Part 2-541.
2. C' IB Circular A®87, Cost Principles for State and Local Goveminents - 2 CFR Part 225.
a. t3' Circular A-13'. Audits of States. Local Governments and Non-Profit
Cdr-anizations.
NONPROFIT ORGANIZATIONS
The follo circulars and their implementing rc_,L 1 l to nonprofit organizations:
1. W 113 Circular A-] 10, Uniform . Administrative Requirements for Grants and Agreements
1 stitutions of Higher Education- Hospitals and Other Nonprofit Organizations - 45
C I R Part 2543 or ? CFR Dart 21 5,
2. C'', 1.13 Circular A-122, Cost Principles for Nonr ?1-. C tai;-ations - 2 CFR fart 230.
3. 0`113 C _ular A-1 33. Audits of States- Local -tnd lion-Profit
C. '-ATIONAL INSTITUTIONS
The folly in circulars and their irnpletnenting regulations apply to educational institutions;
1. G\ - Circular A-110Ltliform Administrative Require tints for Grant, A =ements
v i i Institutions of i I Education,,; Hospitals and O ,,:: Yonprofit C 4
CFR Part 2543 or 2 C-R Part 215.
2. OMB Circular A-2I Cost Principles for Educational Institutions - 2 CFR Part 220.
'r
Item # 19
Attachment number 5
Page 3 of 20
?
3, ? ircular A-1 33. I ;)cal ox ernments ar,
?. ,_4tions.
I
the 1 45 MF 1 43.
.'fin, in the grant Award sh a111- .? 0 N inE i`i
order (a) He Federal Statut{. C -
Provisions. ?J,: General Provisicii ,t Fundima Op; L i;
Grant Application including i( < .-roficatior - Tents, aid c_:I ;,
negotlations.
Inf.,AN V.;,[C"D SS ECIAL "? ',?`jiONS
A. 1 , , _
? t
LI 1` Y tilt u_ ?._ ..
Id 1
a I ?II?' w
a t.... fitted
c. :iti-) is at lead 1 the cotnmencetnC,ii ul w.ice tllllc UIC 111?trn er is
of school
Item # 19
Attachment number 5
Page 4 of 20
i. in roll-time. year-round youth carps or full-time summer p i defined in
the pct (42 U.S.C. 1.2572 (a) (2)), in wh lie or she must Li.- betrveen the
ages of 1 and 25, inclusive., or
J. in a program for economically disadvantaged 4outh as defined in the Act (42
US.C. 12572 (a)(9))® in which case lie or she gust be between the a es of 1 and
24. inclusive, and 4
iii. Has a high school diploma or an equival ertificate (or agrees to obtain a high
school diploma or its equivalent before using„ an education award) and who has
not dropped out of elementary or secondary school in urc. r to begin a term of
er vice as an A neriC e ps IT tuber (uniess enrol led in t ition of l ' her
Lion on an abllit , -fit -asi? -nd is considetud i I ible fo- ft i ..: under
on 484 ofthe H 1 . Trion A(:. 11,"f), 20 L1.S.C. 1091.1, c_ ? h_rs
be m determined thro ?I ? -!t inc ,?C? r. ? ent conducted by the li,intee to
be incapable of obtaining a high scho,1l dipk, ,a or its equivalent.
B. AFFILIATION WITH T _ kL E?X RPS NATIONAL SERVICE " E
Identification as a Amer,.: ores Program or crnh?x. The grantee rust id,ittifyF the
program as an AmeriCorps program and me.;tb,_ , _Jble for an education award as
AmeriCorps members.
2. The Ameri ores Name and Logo, AmeriCorps is a ed service marl: of the
Corporation for National and Community- Service.
C-.n rnd suaa,, ° . except for Education Award Programs (EAPs) must T!-e the
:. _orps nat. on service gear and public materials such as st?tioii, t.
appli tion forms, t. .fitment brochures, orientation materials, me nber ct k . i.
signs, banners, press releases and publications created by AtneriCorps membei: in
accordance with Corporation requirements, The Corporation provides a camera-ready
logo. SAPS are strongly encouraged to use the ArneriCorps name and logo on such
Materials,
To establish the relationship between the program and AmeriCorps. the _r yti must use
the phrase "The AmeriCorps National Service Network" or "an ArneriCorps program"
and may use the slogan '`Getting Things Done'"rvr on such materials in accordance with.
Corporation guidelines and requirements.
The grante1na7 nu; r _i e AmeriCorps logo. and must obtain the vyritten permission
of the C r Dn L- F:e rising the AmeriCorps name or logo on materials that vg ill be
sold, or p.- bting Jot.ors to use the AmeriCorps name or logo in promotional materials.
The grantee nay not use or display' the AmeriCorps name or logo in connection with any
activity prohibited in these grant provisions.
Item # 19
Attachment number 5
Page 5 of 20
C. MEMBER RECRUITMENT, SELECTION, AND EXIT
Member recruitment and selection requirements are in the Corporation's regulations at 45 CF}
Part 2522.210. In addition, the grantee must ensure that the following procedures are followed
Notice to the 0r ion5s National Service Trust. The grantee must notifv the
Corporation's Nat' € Nice Trust within 30 days of a member's selection for,
completion of. , _ )n from. or re t aie from, a term of service. Suspension of service
is defined as an e,..,,.ttded period du it__, ?.Jch the rnernbet- 's, not serving nor
accumulating service hours or rec6 in AmeriCorps be ?.'
The wrantee also must notif e Trust vvhen a change in a ?icn-iber's status is approved.
and changed (ifrom f 'l to less than full-tirrte or vice versa). Failure to report
s Ac 't changes within 30 day 7a1, result in sanctions to the grantee, up to and including.
st sion or termination. Grantees or subgrantees meet notification requirements when
t1 u v th:.- appropri4 _ : - o _i,_ y stern to inform the Corporation within the approved
time i -,-. questions ? J the Trust should be directed to the Trust Office
(800) 1 7.
'', ; or is And individual who makes a rn teriall) false statement
or reps: sentation in connect )n ?xith the approval or disbursement of an education award
or other pad, ment from the National Service Trust may be liable for the recover;, of funds
a„ject to civil and criminal sanctions.
?. Pa, ent, l e_iit .¢rtt. Parents nr legal guardian consent must be obtained for members
under l _ ofa t l e_.ry b2ainning a term of service. Grantees may also include an
informed c )r:-ent farm of their own design as part of the member contract materials.
i le A 10 H. Programs and activities must be accessible to persons
v i ' di ;abilities, ai 1 -_n must provide reasonable accommodati,. 1 to the known
rIC11 : 1 or physical disab iiti , of otherwise qualified members, sere',. ?,; nts,
l; ..;nts, and staff. All sc'ic?tions and project assignments must bk, n1- v, ithout
?r to the need to provide reasonable accommodation. See the Polic,, FA entitled
P. 5onable Accommodation for more information.
4. Timekeeping. The grant,,_- is required to ensure that time and attendance _ eeputg
is conducted by the indi,, , 1 who supervises the AmeriCorps member. "f is time and
attendance record is use+" t - d current member Ci _ibihty for in-service and post-service
benefits. Time and attendance rl.,,~ords must b?- led and dated both by the member and
by an individual Nvith ova is responsibiliticv :.)r the member.
Completion of "Terms of Service. The grantee t riu _ r that each member has
sufficient opportunity to complete the required nurnber f hours of service to qualify for
their education award. Members must be e -ii :. , ithin 30 days of the end of their term of
service. Should a pro L a_ l not be renewed, a n-,miber who was scheduled to continue in a
term of service may r°t et be placed in another program where feasible. or a nrternber
Item # 19
Attachment number 5
Page 6 of 20
C. ; €acat the member has completed % of the
hot ; ire ent.
p
T fih
or
" 1 '
?. rnb, r Tf. n1LISt requite that each rnecnbc iti,,, t that, at
11111MUM, it lodes or ref- i he following:
ia. %4ernber positic
L rrrra Ca
t _ are faali ties.
I
4. must Coll( ast a
d Iu?,_i_in f r a1 , ,
Ha -line Frei j VNTitter -kaluattan for IL t' -time
traezrtbers. Tie cai:3• 1 u\ralL, ki ra mould focus on such faetoi-S UIS:
Item # 19
Attachment number 5
Page 7 of 20
a ie men
b. t 7e men
C. 'I e IT
Id (b) be eatrsc „ice 45 C ?)I,r I,-7-1:? re
r°c Al .', i. follo -ing app- 'i._ .:
a 1n• I 11'?1 lor°
reasons I,..i ]ian :)-npelliTi _irCUJi r..:... it i i rnerriberto
receive a aetory per'-)I - ievv an?i l T_ cause. Foi rild., i,,.) ?r
,who reasons--e.g. he a
ell up until the ti'
1_ J : ]Drag as ei/s e receive, 1 a ,;_ ] .
?? li 1 i d__'?a4lu
I
7
Item # 19
Attachment number 5
Page 8 of 20
?- ;:n, ?FI?I III L a 1 ]
I ,
!
§ f
h tr v4 A ti and ii 1elving the 1:,,, ii
al1c }? ai ee - ti ,, e to th ation date th iiember x, not receive any portion of'
C living allowance ac rue.l the wai,, I-
3 A ryd T tc, lsarincr a Io -aces ;.? I r -Ye
_, ? .' l its
T 11 ?( f'I $ fc r E hg's, al 0• L I t °t` Eder
a cc I';:, rat, the grantee t ! 1 t pr 11. to those
merrrI?,, III.. ,:, ! •! ouc full-tithe ter who are r -i ? ilcI a
ch begins his/he I ? T1 -,j Est also
t .0't of
i full I-
R
Item # 19
Attachment number 5
Page 9 of 20
rn jre. A I,. r 4 be serving in a fu 11-time capacity without regard to whether his/her
d er of __rvice will result in a full-time Segal Ameri Corps education Award.
"1 111 13? 4c, vv-l _t required to provide healthcare insurance coverage, the
gray,l_ICi c -_ _r from any provider as long as the coverage provided by the
gran provid . ; he fallo, img minimum benefits:
a. Physician services for illness or injury.
b. flosp'.:rl room and board
c' Fi7-1- r:-:`4` room
d. _-rL, and laboratory
e. Pre •,ription drugs
f, Limited montall"nervous disorders
g• Lirr' I substanc abuse coverage
h, n l deduc? I - of i ) r: Ire than $250 charges per member
i. No It re than $1,000 to al _ r_t out-of-pocket pe n ernber
j, A 201/o co-pay or a com p tied fee with tl ;- rion of a 50% co-pay;: for
mental and substance abu r•.
k. A maximum benefit of L, ' : 50,000 per occurs€iice or cause.
- si aistration of Childcare _ r :its. In general,. the Corporation will provide for
chili'.:.. c pay>nients,, which will i e administered through the National Association of
Child C 'Source and Referral Agencies ( AC'CRP A), hereafter referred to as
a iC, CRE. Requirements and eligibility crit. i t are in the AmeriCorps
rr .: it ti CFR §2522.250. Grantees that t- ovide childcare as a match
s a ,Ls dpproved in their budget) may ust _it_'Cct s LC ARE technical
ance. Grantees can contact AmreriCo.l 1"RE at (800) 570-45=1: with questions
re and ng childcare. The criteria for membe_- . hgibility are contained in 415 CFR Rot
2522.250. Members are considered to be full-time participants for f f„- ofc l l-iiiiy
for childcare payments on the same basis as eligibility for healthcar{. c _ W nbers
who eluded from h alt'.,:. coverage solely on the basic of serv=ir. iii i 3fessional
C-r• because *he sender a collective bars'.' ire c,? iL ace not
c.x l_ From rec_i,: vwraefits on that bast.. ??,i?mbVrs inl? it) 1=APs are
not, 'i. for the cl lc . The Corporation will not cover Clildcare casts for
family .-7'mrnbers or for mr .vbers who have not svrv ed on a full-time, or _o '.avc c
serv it 2 - a a fr'1-tire basis, Programs mays pi e child care to less-than-full-time
rue l s _ in a full-time capacity, but the re not required to do so. Also see the
Polic-. FAQs :71 r more detailed information on administering childcare and healthcare.
Notice to Childcare and Healthcare Providcrq. The grantee must notify the
Corporation's designated agents immediately it 'ten a member`s status changes,
such that it ,.)uld affect eligibility for childcare r % Examples of changes in
status cl-an2es to a member's scheduled.e hat he/she is no longer
serv inra on iull-time ba t. ?-minatimg or r•. member from service; and
suspending a member for cause for a lengthy or r tefinite tirne period, Program directors
should contact AmeriCoipS, CARE. at NACC.RR,- at (500) 570-4543 on childcare
Item # 19
Attachment number 5
Page 10 of 20
r itd . :iealth insuranc _ 4 1-_ fltIT lated
G. r r 1 . w r- ORD AND C NP")ENTIA.ITY
1. 1 -a,ntee
- I
i
t. The
e
c .> 1-)rocedu., -, d systew p fo the safe-keeping and security of
tl including:
a. ,, ize('
Th _ t )ntc story _ :. s stern l ro\ ide for the easy., r ? records in
a tir fashion, inch ?
Tna .
t!.. ; i I natti°e;
r• .liti i . d, are cons i ' tncOt te.
tt ! ! '_ Inrl t uu ..E i ( ''on z 1 ".
T r--?-'T,
i .
To r ,e member
i
tl? ?- 1,fain ffarn tl???_ ir.
C n"! 1t' of la-, ?1,..
r,: L I n Y11 sch( )l
re Uirements to high-school
i,ld naintain ?r ,ne member-s 11' . en
M - I l-r meets th, iec}ttiret e?,r, {
a its
i~ t 1
_ n
_ ill ' t n of,
it I; Tl rs. [ )twn m . itten
10
Item # 19
Attachment number 5
Page 11 of 20
f. 'icC: cr he ri.rr cat'tt
Pro(. lF. , .. 1, 4 _ 16d 6?
a. C' ?n tl
ti ipa ?iori
. i _ contras nt riC'ort?.
I ed its ti o ed app] icati w b
a _ for F:,, I;., 1 n r missi ns are t s :.t.w;bl for
l L )arc chi -1r f irnlt v ns.
3. 1 Changes. I:v_ i 0I,tain the prior written ap],of tl
t'C_ iti_m's Office of before amending th?: } 1 L in ally
of ti' inQ WaVs;
_ 7tY Yt3
L. ..' t n
1 -
- i ?6rants Off].., I 1
Item # 19
Attachment number 5
Page 12 of 20
12
u
I eporsts. The grantee must submit semi-annual CUMUIatiVe financial reports,
s I I qc; expenditur° !u,'na the report.ial, period. These i ports will be submitted
?;,I -,approprisl I s)'sterT, F? 1-1 repor s are as fcllo\vs:
i LA -
iI! -
t, v i l
f
H ]l .i I --:Zan r3 ie
Eleci_ ._?r 1 Transf.I r? nt.3, A EAP grants are fired amount a\Aards. so the financial
-ntee Girl il `L ,,at year of ii int must subs-nit,
1 1'le r]1;a,rlcia ' f[111 f nanci,,1 it hat 15 due within
J. GRANT i'? t 'ITT A, T T TN!)fN-.
F, til, 1?i1 l rs
l n V
C i t t i_ _
12
Item # 19
Attachment number 5
Page 13 of 20
J.
ibtl t? of
'" .
-T11 I '' C'.. ? !1'_
?. Not' on. , The <erantee N ill nc the apprc `{ )1, C c r
Gran ; r - iniediately° ti any developn -fits or delays th pact
activities. any ,I,- I is ),it 1.r; l,, . ii ; is latino, to the administi _.1i, . I ial
e- ant, or a
?OtF? .? -il ! ? 1 i,-)n o kirk ! ..
;isistamt ri,-:._I
n -r r
a0
t ` m10
2. ?r
mt in . ?h s well I :°1 id.: ?
ed by dii`t
131
Item # 19
Attachment number 5
Page 14 of 20
in a, 1 7,
E r
zxpend
n feder .-, i dpi r, ?.,?,_li of 1
C"i) ? ?I_j 3 fc? 1i?. it must continue to condu t financial
11 nt reviews i i . sttdgrantees. and records trust be available for rev i_. I:<w
a
pi e wicc,P,, ,?. 1,- _--u.it iIit ervices1. i .-_.? 1 ? iIInot exceed
S 10.00 per day (eXclt ?. ? ranyr>,idi;?<-?. s. trave . UpIAies a1-d so on) unless
u d COTISiste "1 _ .
X11
. y s
01 1
`t 1 _ In 1 ..
T1 :`.d Supet Corporation or Il, I 3ti'
rep ievvs. I mandated and :Iii,h i :-I F i
_?.IIg l?'.' 1 1, A'the, G wrmment lnl It i,, o Sector°t'i.;r1n
Act the Feder ' I 1'I--;-_ soli '- cu1 ui 7-. in,. rtt : t. A risk-bask I
a i X 11' ii ? input C'4 r, atn (-.oi ';`tl.? " i `. ISed to .?I?.-t
T1-
dltfiri'rsSw
71 unction, and 14
Item # 19
Attachment number 5
Page 15 of 20
D. INCOME
it. Income,: including fees for service l ,ry;rt a direr = -ant-funded
t : Tr.n activities during the award period, mu_-t l - retained L., t ? ...,d used to
f_--ance the Ln-ant's non-Corporation share.
. P r," ,w Income. Program income ,:. reed in . of the amount needed to
finance the °_, antee, share must follow the al,, cpr?L.ii- .:._ .i'rernents of 45 CFR §2541.250,
CFR Part 225, 2 CFI Dart 215. or 2 CFR Fart 220 at . be deducted iron, total . _'
Grantees that earn excess incorne must specify the amount of the excess It,
co ment boy on the F;nancial Deport.
3. Fees for Service. t _ ink; assistance under this grant, lie -ra. tee may not enter into
a contract for or acre, t tees for service performer) bs rr
a• -1 benefits a for-protit entity,
b. `le r ice falls within the otl-: ° prohibits set forth in these grant
t•, v:- i o n s, or
c. 1:. -vice violates the not -Ji <?;ement Pre % isions of the Act set forth in these
`I ' provisions.
Ea SIi+E'I Y`r
The grantee must institute safeguards as necessary and appropriate to ensure the safety of
members. Members may not participate in projects that pr-se undue safety r°, 's.
F. NON-DISCRIMINATION PUBLIC NOTICE _ REC R S C I ? LI
Pub-11_ ' of Non-tli im;L o- ion. The grantee must notify members, community
benefiici, es, applicants •o<2rarn staff, and the public, including those with impaired
vision or hearing, that it operates its program or, actin ite subject to the non-discrimination
requirements of the applicable statutes. The notice must surninarize the requirements,
note the availability of compliance infortatation from the grantee and the Corporation, and
briefly explain procedures for filing discrimination complaints with the Corporation.
Sample language is:
It is ug ainsi the law 11br org that recei, iEnarrcial assisiarncc torn the
Cor poratic i i ` X_; Jonal a ors the ba_, is of race,
color, a lY rr - ?c ? ceases. religion.
It is oI , t _ - fi. rr files ca and
Cal strate a4 r ?,ra `ar r ,")r restrl rta scr°," raa a 1
bring o co?nI)laint to the c r? of the C?a ara far r• . Cca?•
service. I ?c a believe tla?rt t _ ? oi- others hal ca?_. past„ (" i?.? a?ra vvcar?t
r ,_ ,:, ilbrrracation, contract:
15
Item # 19
Attachment number 5
Page 16 of 20
t
2, ecorc , C( li c I must keep records al 1 make
available ti ? the Corporation tirr._,: tccurat?_ ?_,,)mpliance ire. Marion to
alloy, the Corporation to. ? ? II IS CO I i i1 !M 1 is
stag i -, and irnpl( ?d:_ L_in ic; I
":" C to s 'Ff E cu nt?i -ir In - nation
.,,ntee 13 11,
tion to Ct oiler t "l )operate with the C t'
t -)n can i t ri ghs
t I i? t' .
C.i -T
l tll, E
l suppC
"'T UPI, h the Corporatli f 1
d,-c I ,i._nt _L_ _,i, and do --?L L!.
.ts
16
Item # 19
Attachment number 5
Page 17 of 20
official position of or a position that is endorsed bw. the Corporation or the ArneriCorps
prograrn."
H. SUSPENSION OR TERMINATION OF GRANT
Regulations related to the Corporation's authority to suspend or terminate this grant are
contained in =I5 CFR§2540.400. In addition, a grantee may suspend or terminate a 1 _1 i ;. to
one of its subgrantees. provided that such action affords the subgrantee, at a minimum, Lie notice
and hearing rights described in 5 CFR§2540.400.
1. FIXED INIOUNT ' 7 i( (Education Award Programs Only)
Education Award Program mNward are for fixed amounts and are not subject to the i _ al Cost
Principles. The fired federa t - u :e amount of the grant is based on the approved and
awarded number of full time equi•, alent members (MSYs) specified in the award.
The final award amount that the grantf,} n retain is dependent a ,_- cr; tee's notifying the
Corporation's I National Service Trust ci'tl ,-? -tbers that it has s?ie< i Jject to the number
of members allotted to the grantee as cd iii the award). All suli- :members must carry out
activities to achieve the specific prQjec c' riw es as approved b? the Corporation. At closeout,
the Corporation will calculate the final arn: unt of the grant bt.sed on Trust documentation. The
Corporation will recover any amount- drawn down by iIt in excess of the final grant
amount allowsed based on mcml---- c ,::.tion documentation in the Trust.
J. TRAFFICKING IN PERS(Y??O,,
This grant is subject to reclu ?i is of Section 106(8) of the Trafficking Victims Protection Act
of 2000, as amended (22 U.S.C. 7104).
Provisions applicable to recipient that is a private entity.
a. Yot th, grantee, your employees, subgrantees under this grant, and subgrantee's
em r--ay not:
i. n severe forms of trafficking in persons during the period of time that the
_ _tnt is in effect:
ii. P }cure a commercial sex act during the period of tine that the grant is in effect;
or
iii. Use forced labor in the performance of the grant or subgrants under the grant.
b. W'e as tl"e cc?deral awarding a-ency may unilateral 1,, ter ainate this grant. wvithout
pen, If,, ... _ l or a subgrantee that is a private enti'.. -
i. Is c, ., I to have violated a prohibition aph a.l ofthis grant terma or
ii. Has ;-iloyee who is determined by the agen c ficial authorized to terminate
the <grant to have w i )fated a prohibition in paragraph a.I of this grant terra through
conduct that
A. Associated. v, h performance under this grant. or
17
Item # 19
Attachment number 5
Page 18 of 20
13. Imputed to vc`_i or the subgrantee using` the standards and due process for
imputing i ° e lu,. ` >ff an individual to an organization that are provided in 2
CFR Part 180, ON, 2 : r;delines to en Government-wide
Debarment gild i 1 Ion-prccuG i i as implemented b our
agency at 2 CF.R P - iiii.
Provisions applicable to a .rantee ether than a private enti We as t e federal x warding
agency map. unilateral -i i -inate this grant_ without p rya _, . ii a ., ntee that is a
private
a. Is deLersr led to have violated an applicable prohibition of paragt h a,1 of this grant
term: or
b. 1 -- an employee who is determined by the a . :-icy- official aUth+ _ - d o teri imate the
tt to have violated an applicable prohi' ii in paragraph a.1 of this grant term.
titrouuh conduct that is -
i. Associated with pi -`ormance under this grant; or
ii. Imputed to the .in ee using the st; dards and due pro( ass for i t
conduct of an incii dual to an orgini n that are pr.-vi,l, d in 2 CrR P L 180
'°ON413 Gutdelinc.s to uenctes on Gc, a"l;;lent%,vide De',4 ii c.a and L4sI msion
(Nonprocurement),.- as implemented by our agency at 2 C1 Part 2200.
Provisions applicable to any grantee.
a. You trust inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a, I of this grant term,
b. Our right to terminate unilaterally that is described in paragraph a,2 or b ofth s
section:
i. Implements section 106(g) of the Trafficking Victims Protection Act o --U00
(TVPA), as amended (22 U. .C. 7104(g)). and
ii. I7 :r to all other remedies for noncompliance that are available to us
L . _-tl_?_ grant.
c, You must include the requiremments of paragraph a.I of this grant term in any subgrant
you make to a private entity.
4. 1 iitions. For purposes of this grant term.:
a "Employee" means either:
i. An individual emploded by you or a subgrantee who is erg.. _ A in the
performance of tl ie I ' ~ `ect or program under this grant, or
ii. ;ether persc the performance of the project or progrs i Linder this
and not con'l-lsated by you including, but not limited to, or
i .lual yyhosc s r ice are contributed by a third pant as an in-lair oi-aribution
t ltd cast sharing or matching requirements,
b. "For. -d labor" means labor -1-)rained by any of the following methods: the
i -crUitment, harboring, ai i Lation. provision or obtaining of a person for labor or
i. s, through the use of f: --ce, fraud, or coercion for the purpose of subjection to
)luntary° servitude. peonage. debt bondage. or sl
c. "Private entity":
18
Item # 19
Attachment number 5
Page 19 of 20
, her tha local uovernn, India
?? ,25
,
Se C0CC11s ctI ill ? C1 175
11. 111CILICI
I
anc'
ecttot? the 1 I U , S. . , 1 ?)2).
19
Item # 19
Attachment number 5
Page 20 of 20
? x.
e
`il ii1_;?; Eb:? f
Item # 19
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $135,323.37, for a 12-month period
beginning October 1, 2009 and ending September 30, 2010 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The TriTech System has been operational since October 2007; the final sign-off and payment closing out the project was
disbursed in March 2009.
The Council previously approved a ten-month TriTech Software Support Agreement, which will expire September 30, 2009.
The TriTech System provides an integrated CADS, mobile, and AVL environment, and downloading of data to the report
management system (ACISS). Prior to the TriTech System, each of these functions required separate software support and hardware
agreements. In the past, CPD would budget these item separately in the amount of $122,389.00.
Funding for renewal of the 12-month Software Support Agreement, in the amount of $135,323.37, is available as follows:
$36,549.35 is available in CPD's Special Project 181-99282, COPS 2005 Technology Program; the remaining $98,774.02 is budgeted
in FY 2009/2010 Police Department operating budget 0010-01162-530300-521-000-0000.
Type: Operating Expenditure
Current Year Budget?: Yes Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost: $135,323.37 Annual Operating Cost: $135,323.37
Not to Exceed: Total Cost: $135,323.37
For Fiscal Year: 2009 to 2010
Appropriation Code Amount Appropriation Comment
181-99282 $36,549.35
1162-530300 $98,774.02
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 20
TRiTECH
SOFTWARE SYSTEMS
August 18, 2009
Clearwater Police Department
Attn. Capt. Don Hall
City of Clearwater
645 Pierce St.
Clearwater, FL. 33756
Renewal of Software Support Agreement (revised)
Attachment number 1
Page 1 of 3
This letter is an important notice to renew your Software Support Agreement for your TriTech System, which
will expire on September 30, 2009. The renewal of the Software Support Agreement will allow you to
continue to take advantage of the software support and maintenance services provided by TriTech Software
Systems and allow you to receive upgrades to your TriTech System.
Please complete and sign this Support Renewal Agreement and return it to TriTech along with your payment
to assure uninterrupted software support and maintenance services coverage. Action on this Support Renewal
Agreement is time sensitive; services to support your system will not be provided if you have not paid your
Support Renewal Fee by the Expiration date of your Software Support Agreement.
TriTech Support Services Renewal Agreement Amendment
Client agrees to renew its Software Support Agreement, the terms of which are incorporated by reference
herein as though set forth in full, and according to the terms and conditions included herein. Except as
modified herein, all other terms and conditions of the Software Support Agreement shall remain in full force
and effect. With respect to the content herein, in the event of any conflict between this Software Support
Renewal Agreement Amendment and the Software Support Agreement, the terms of this Software Support
Renewal Agreement Amendment shall control. This Sport Renewal Agreement Amendment and
applicable support fees must be signed, paid and returned by October 1 2009 to avoid any interruptions in
the software support and maintenance services provided by TriTech. Payment of $135,323.37 for this period
is due October 1, 2009.
Note: Escrow, ESRI and GDT Fees are calculated separately and added to your annual support fee.
Payment
For your convenience, we have enclosed an invoice for the full amount of the TriTech Support Services
Renewal Fees covering 12 month period, beginning October 1, 2009 - September 30, 2010. If you have any
questions, please contact Diana Sliwicki or your Client Account Manager at 858-799-7000.
9860 Mesa Rim Road
San Diego, CA 92121
858.799.7000
FAX: 858.799.7010
www.tritech.com
Item # 20
Attachment number 1
Page 2 of 3
The Support Renewal Agreement for TriTech Support Services is based upon the following
TriTech Software licenses:
Clearwater
Product Name
I # of
Licenses Cost per
License Total
LicenseCost Support Term
10/1/09-9/30/10
Primary-Server SWL-Multi 1 3,000.00 3,000.00 670.43
Dispatcher/Call Taker User SWL [b] 15 10,000.00 150,000.00 33,521.40
Supervisor User SWL - [b] 2 5,000.00 10,000.00 2,234.76
QA/Training Server SWL 1 10,000.00 10,000.00 2,234.76
Site License for TRU, Command Van QA Training Site License 1 12,000.00 12,000.00 2,681.71
Hot-Standby Server SWL 1 10,000.00 10,000.00 2,234.76
VisNEt Browser Site License 1 25,000.00 25,000.00 5,586.90
Data Archive Server License ?11 18,500.00 18,500.00 4,134.31
Event Playback Module 1 7,500.00 7,500.00 1,676.07
NCIC/FCICQuery User License 17 500.00 8,500.00 1,899.55
SOP Module 1 7,500.00 7,500.00 1,676.07
Quickest Path Unit Reconinendation Module 1 25,000.00 25,000.00 5,586.90
Geofile Cross Reference 1 2,500.00 2,500.00 558.69
Snapshot Module 1 2,500.00 2,500.00 558.69
GISLinkUtility License [b] 1 15,000.00 15,000.00 3,352.14
ANUALI Interface License 1 9,000.00 9,000.00 2,011.28
Master Timing Source Interface 1 0.00 0.00 0.00
NCIC/FCICInterface 1 50,000.00 50,000.00 11,173.80
Connection Fee (NCIC/FCIC,RMS, PCO Computor,DAVID,Coplink [c] 2 7,500.00 15,000.00 0.00
One way RMS Standard Incident Transfer Interface [a] 1 15,000.00 15,000.00 0.00
CAD2CAD/CAD2AVLInterface [c] 1 35,000.00 35,000.00 0.00
Interface Manager License 1 5,000.00 5,000.00 1,117.38
VisiNet Mobile Server 1 55,000.00 55,000.00 12,291.18
VisiNet Mobile Mapping Server l 5,000.00 5,000.00 1,117.38
VisiNet Mobile to CAD Interface 1 0.00 0.00 0.00
VisiNet Mobile Base Client License 210 500.00 105,000.00 23,464.98
VisiNet Mobile AVL License with mapping 210 300.00 63,000.00 14,078.99
Message SwitchMCIC Interface License 1 0.00 0.00 0.00
Custom Mobile Enhancement (XMLAutomatic Download Header 1 5,250.00 5,250.00 1,173.25
- Total Support Base Cost:
t R - ewaa e:
TONTSn-ppor , e
_
-- 1 5,035 37
ESRI Fees 288.00
Escrow Fee: 0.00
Other [See Note): 0.00
Total Adjusted Support Renewal Fee: 135,323.37
NOTES:
[a] remove per client request
[b] ESRI Fees 17 User Licennes at $16.00 each
[b] ESRI Fees 1 GISLink @ $16.00 each
[c] Went live March 08 Support paid in last years renewal
As a part of your support renewal, you will receive one (1) free conference admission to the Annual VisiCon
User's Conference. Travel and expenses are not included.
Item # 20
Attachment number 1
Page 3 of 3
CITY OF CLEARWATER, FLORIDA
Countersigned:
Frank V. Hibbard
Mayor-Commissioner
Approved as to form:
ZWJ.L?A
Robert urette
Assistan ity Attorney
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
9
Item # 20
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award contract by purchase order to Angelo's Recycled Materials, Consolidated Resource Recovery Inc., and Waste Management Inc.
of Florida for operating expenditures of $790,000 for the disposal of solid waste at the sites operated by the three vendors listed above
for the period October 1, 2009 through October 31, 2010 as provided in the City's Code of Ordinances, Section 2.561, and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The Solid Waste Department collects bulk trash, yard waste, and construction and demolition debris from both commercial and
residential customers. This debris is transported by City collection vehicles to State-permitted disposal facilities.
The Purchasing Department advertised a request for bids (BID 25-09) for disposal services (described above) in the St. Petersburg
Times on July 30, 2009 and also advertised on the City's website from July 22 through August 12, 2009. The City received four bids on
August 12, 2009.
The companies who submitted bids were; Angelo's Recycled Materials, Consolidated Resource Recovery Inc., Waste Management Inc.
of Florida, and Republic Service of Tampa.
The Solid Waste Department recommends that the City utilize the three bidders who have disposal facilities in Pinellas County. The use
of multiple vendors will provide the Solid Waste Department with the flexibility to dispose of the various types of solid waste at the
lowest price while minimizing the time and distance traveled to the disposal facilities.
The suggested "not to exceed" amounts for our disposal fees per vendor are as follows:
Angelo's - $550,000
Consolidated Resource Recovery - $90,000
Waste Management of Florida - $150,000
Type: Operating Expenditure
Current Year Budget?: Yes Budget Adjustment:
Budget Adjustment Comments:
Current Year Cost: Annual Operating Cost:
Not to Exceed: Total Cost:
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
0-424-02082-543500-534- $346,000
000
0-424-02089-543500-534- $444,000
000
None
Cover Memo
Item #- 2-1
BID
Bid Required?: Yes Bid Number: 25-09
Other Bid / Contract: Bid Exceptions: None
Review 1) Office of Management and Budget 2) Solid Waste/General Support Services 3) Office of Management and
Approval: Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Item # 21
Attachment number 1
Page 1 of 1
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Item # 21
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract by purchase order to Pinellas County Solid Waste for an operating expenditure of $4,200,000 for the disposal of solid
waste at the Pinellas County waste-to-energy plant/landfill for the period October 1, 2009 through October 31, 2010 as provided in the
City's Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
Pinellas County operates the only waste-to-energy plant and landfill in the county.
Type: Operating Expenditure
Current Year Budget?: Yes Budget Adjustment:
Budget Adjustment Comments:
Current Year Cost: Annual Operating Cost:
Not to Exceed: Total Cost:
For Fiscal Year: to
None
Appropriation Code
0-424-02082-543500-534-
000
0-424-02083-543500-534-
000
0-424-02089-543500-534-
000
Amount Appropriation Comment
$1,987,500
$1,687,500
$525,000
Bid Required?: No Bid Number:
Other Bid / Contract: Bid Exceptions: Sole
Source
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 22
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Rescind Article VII, Solid Waste Management, Sections 32.272(4) and Section 32.288 and pass ordinance 8106-09 on first reading.
SUMMARY:
Sections 32.272(4) and 32.288 of the newly adopted Ordinance 8025-09 need to be rescinded in order to provide the statutory notice
requirement before taking further action to displace private haulers doing business within the City limits. Pre-amendment language
shall take full force and effect upon adoption of ordinance 8106-09.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 23
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8106-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RESCINDING SECTIONS 32.272(4) and 32.288 OF ORDINANCE
NO. 8025-09; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater previously adopted Ordinance No. 8025-09,
effective June 18th, 2009, amending Article VII, Solid Waste Management, sections 32.271
through 32.322, Appendix A, Schedule of Fees, Rates and Charges, Article XXV, Public
Works-Fees, Rates and Charges, Section (3)(c) Solid Waste Collection Rates through Solid
Waste Roll-Off Container or Waste Receptacle Service (5)(b)(ii)(7), Clearwater Code of
Ordinances; and,
WHEREAS, section 32.272(1) generally provided that all refuse accumulated in the
City shall be collected, conveyed and disposed of by the City government
WHEREAS, section 32.272(4) was amended by ordinance no. 8025-09 to allow
private collectors who currently hold a city-issued permit for placing and servicing roll-off
containers, compactors, or waste receptacles for commercial and industrial waste to
continue providing such service during the duration of all such existing customer contracts
for that service, so long as all contracts for the provision of such service were entered into
on or before June 4, 2009.
WHEREAS, section 32.288 was amended by ordinance no. 8025-09 to make it
unlawful, pursuant to section 32.272(1), for any party, other than the City to engage in the
business of collecting, removing, or disposing of construction or demolition debris and
commercial or industrial waste, except under the following circumstances: a party currently
held a city-issued permit for such service, and such party continued to adhere to the yearly
renewal requirements for such permit until all pending contracts entered into on or before
June 4, 2009 expired; a party obtained a permit after the City first determined that it was
unable or unwilling to collect, remove, or dispose of a particular type or volume of refuse; or
a party obtained a permit because it is in the business of servicing only individual trailers or
other similar rubber tire vehicles that are no larger than fifteen (15) cubic yards.
WHEREAS, in amending the above sections, the City's intent was to eventually
become the exclusive collector of all refuse accumulated within the City by gradually
phasing out a permitting program that has become inefficient and too costly to administrate.
WHEREAS, according to section 402.70605, Florida Statutes, the City's gradual
phasing out of the current permitting program constitutes "displacement" of private
collectors who currently hold or could hold a city-issued permit for the placing and
servicing of refuse collected; therefore, the aforementioned statute precludes the City from
phasing out the permitting program until it has afforded such affected parties notice of a
public hearing seeking comment on the advisability of the City providing such service and
then providing three years' further notice after the public hearing is held before the City
actually engages in the actual provision of service that displaces all affected parties.
Ordinance No.IWOOAT3
Attachment number 1
Page 2 of 2
WHEREAS, prior to the adoption of ordinance no. 8025-09 on June 18th, 2009, the
requisite statutory requirement was not met; thus, it is necessary to rescind sections
32.272(4) and 32.288 of ordinance no. 8025-09 in order to satisfy such statutory notice
requirement before taking future action to phase out the permitting program; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Sections 32.272(4) and 32.288 of ordinance no. 8025-09 are hereby
rescinded, and the pre-amendment language shall be take full force and effect.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
2 Ordinance No. $9*-#T3
Attachment number 2
Page 1 of 1
Ordinance 8025-09 Items to go back to Pre-Amendment Language
32.272(4) Collection by city; exceptions
Exception for private collectors with roll-off containers. This chapter shall not prohibit a
private collector holding a permit issued by the city from placing and servicing roll-off
containers for commercial and industrial solid waste that the city does not choose to
collect and approves for collection by outside contract.
Sec. 32.288. Required.
A permit is required by this division for persons or companies placing or servicing
roll-off containers, whether installed permanently or temporarily, within the city.
Item # 23
Attachment number 3
Page 1 of 1
Ordinance 8025-09 Items to be rescinded by Ordinance 8106-09
32.272(4) Collection by city; exceptions
Exception for private collectors with roll-off containers, compactors or waste
receptacles. A private collector who currently holds a city issued permit for placing and
servicing roll-off containers, compactors, or waste receptacles for commercial and
industrial waste, may continue to provide said service for the duration of all existing
customer contracts. The private collector shall provide the city with evidence of all such
contracts. This exception shall only apply to contracts entered into on or before June 4,
2009. Moreover, the city may honor an existing private refuse contract for existing
development which annexes into the city for the remainder of the contract term or for
five years from the date of annexation, whichever is shorter.
Sec. 32.288. Required.
Pursuant to section 32.272(1), it shall be unlawful for any party, other than the city, to
engage in the business of collecting, removing, or disposing of construction or demolition debris
and commercial or industrial waste. However, a sole proprietor or corporate entity placing or
servicing a roll-off container or waste receptacle for the purpose mentioned in this section shall
be required to procure a permit to legally continue such business activity without penalty, and
hereinafter be known as permittee, only under the following conditions: (1) yearly application of
an already existing permit, so long as permittee has adhered by all the permit application
requirements in section 32.289, (2) a permit may be issued when, pursuant to section
32.293(3), the city first determines that it is unable or unwilling to collect, remove or dispose of a
particular type or volume of refuse, or (3) when such sole proprietor or corporate entity only
services individual trailers or other similar rubber tire vehicles that are no larger than 15 cubic
yards.
Item # 23
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the applicant's request to vacate the 40-foot drainage and utility easement lying along the west property line of Lot 1,
Clearwater "19" Commerce Center, (aka 22067 U.S. 19 North), and pass Ordinance 8084-09 on first reading. (VAC2009-04 Kunnen)
SUMMARY:
The applicant is seeking vacation of the 40-foot drainage and utility easement.
Progress Energy, Verizon, Bright House Networks and Knology have no facilities in the subject easement and have no objections to the
vacation request.
The City of Clearwater has no utilities within the subject easement.
The Engineering Department has no objections to the vacation request.
Type: Other
Current Year Budget?: None Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
to
Annual Operating Cost:
Total Cost:
Review Approval: 1) Planning 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 24
Attachment number 1
Page 1 of 1
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Attachment number 2
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Attachment number 3
Page 1 of 1
ORDINANCE NO. 8084-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE FORTY-FOOT DRAINAGE AND
UTILITY EASEMENT LYING EAST OF AND ADJACENT TO
THE WEST PROPERTY LINE OF LOT 1, CLEARWATER
"19" COMMERCE PARK; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Frank Carl Kunnen, Jr., owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and utility 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:
40-foot drainage and utility easement lying east of and adjacent to the west
property line of Lot 1, Clearwater "19" Commerce Park, as recorded in Plat
Book 95, Page 1, Public Records of Pinellas County, Florida
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.
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
Item # 24
Ordinance No. 8084-09
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Update the 2004 Floodplain Management Plan; transmit the plan to the Federal Emergency Management Agency as required by the
National Flood Insurance Program's Community Rating System; authorize the City Manager to initiate activities recommended in the
Floodplain Management Plan; and adopt Resolution 09-37.
SUMMARY:
The National Flood Insurance Program (NFIP) provides federally supported flood insurance in communities that regulate development
in their floodplains, and the Community Rating System (CRS) reduces flood insurance premiums in those communities that do more
than implement the minimum regulatory requirements.
Participation in theNFIP is mandatory for federally supported flood insurance.
The Floodplain Management Plan is a five year outlook that demonstrates what projects and policies the City is implementing to reduce
flooding potential and decrease the risk to the NFIP
This amended Floodplain Management Plan is one of the components required to participate in the NFIP and the CRS. These activities
save the citizens of Clearwater 15% on their flood insurance premiums.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 25
Attachment number 1
Page 1 of 2
RESOLUTION NO. 09-37
A RESOLUTION ADOPTING THE FLOODPLAIN
MANAGEMENT PLAN: TRANSMITTING THE PLAN TO
THE FEDERAL EMERGENCY MANAGEMENT AGENCY
AS REQUIRED BY THE NATIONAL FLOOD INSURANCE
PROGRAM'S COMMUNITY RATING SYSTEM;
AUTHORIZING THE CITY MANAGER TO INITIATE
ACTIVITIES AS RECOMMENDED IN THE FLOODPLAIN
MANAGEMENT PLAN; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the National Flood Insurance Program (NFIP) provides federally
supported flood insurance in communities that regulate development in their floodplains,
and the Community Rating System (CRS) reduces flood insurance premiums in those
communities that do more than implement the minimum regulatory requirements; and,
WHEREAS, the City of Clearwater is required to update the Floodplain
Management Plan in order to continue to receive CRS credits for this document; and
WHEREAS, the City Council adopted Floodplain Management Plans in 2000 and
2004, which updated the Repetitive Loss Plan adopted on December 11, 1991; and
WHEREAS, the Floodplain Management Plan updates the 2004 Floodplain
Management Plan in compliance with the 2007 CRS Coordinators Manual; and
WHEREAS, the Floodplain Management Plan as amended is consistent with the
Clearwater's adopted Comprehensive Plan; and
WHEREAS, adopting the Floodplain Management Plan will provide the citizens
of Clearwater access to the Flood Hazard Mitigation Assistance program funds; and
WHEREAS, various City projects, programs, operations and initiatives in the Plan
may lower flood insurance rates for the City residents; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Floodplain Management Plan as amended and attached hereto is
adopted.
Section 2. The Floodplain Management Plan shall be transmitted to the Federal
Emergency Management Agency for appropriate action as required under the National
Flood Insurance Program's Community Rating System.
Resolution NttM-4725
Attachment number 1
Page 2 of 2
Section 3. The City Manger is authorized to initiate activities as recommended in
the Floodplain Management Plan.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 17th day of September , 2009.
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
2 Resolution Ntteffi-4725
Page 1 of 173
City of Clearwater
F loodplain Management Plan
City Council Approval: September 17, 2009
Resolution No. 09-37
Clearwater City Council
Frank Hibbard, Mayor
Paul F. Gibson, Vice-Mayor
John Doran
Carlen Petersen
George N. Cretekos
City Administration
William B. Horne II, City Manager
Rod Irwin, Assistant City Manager
Jill Silverboard, Assistant City Manager
Pamela K. Akin, City Attorney
City Staff
Scott Rice, Engineering Assistant Director
Elliot Shoberg, Engineering Stormwater Manager
Muhammad Abdur-Rahim, Stormwater Maintenance Manager
Allison McKinney, CRS Coordinator - Engineering / Stormwater
Ozell George, Public Services Supervisor II
Catherine Lee, Planner II
Heather Shell, Public Communication
James Hersh, Engineering / GIS
Jack Fahey, Plans Examiner - Dev & Neighbor Services
U_
0 Cleamater
Item # 25
Attachment number 2
Page 2 of 173
City of Clearwater
Floodplain Management Plan
Table of Contents
SECTION 1.0 INTRODUCTION .........................................................................................5
SECTION 2.0 PLANNING PROCESS .................................................................................6
SECTION 3.0 RISK ASSESSMENT ....................................................................................7
Identifying Hazards ....................................................................................................15
Profiling Hazard Events .............................................................................................16
Assessing Vulnerability .............................................................................................18
Identifying Assets ......................................................................................................23
SECTION 4.0 HAZARD MITIGATION STRATEGY ........................................................26
Evaluation of Previous Plan's Activities ...................................................................26
Floodplain Regulations ..............................................................................................27
Identification and Analysis of Mitigation Measures ..................................................28
Implementation of Mitigation Activities ...................................................................50
SECTION 5.0 PLAN MAINTENANCE ...............................................................................52
Monitoring, Evaluation and Updating the Plan .........................................................52
Implementation through Existing Programs ..............................................................53
Reference ...............................................................................................................................55
On-line Resources ..................................................................................................................57
Clearwater
2 S:AESM\Stat`AAMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009
FMP\2009_p1an_9_1_2009_finJ1 # 25
Attachment number 2
Page 3 of 173
City of Clearwater
Floodplain Management Plan
Appendices
Appendix A - Resolution 09-37 Adopting the Floodplain Management Plan ......................58
Appendix B - FMPC Meeting Minutes .................................................................................61
Appendix C - Flood Protection Questionnaire ......................................................................66
Appendix D - Community Development Code,
Chapter 51 Flood Damage Prevention ...........................................................68
Appendix E - Community Development Code, Art.4, Div. 13,
Land Clearing and Grubbing .........................................................................84
Appendix F - Engineering Department's Erosion and Siltation Control Policy .................86
Appendix G - Engineering Department's Stormwater Design Criteria ................................118
Appendix H - Engineering Department's Stormwater Management System Policy ..... ...... 134
Appendix I - Clearwater Comprehensive Plan, Stormwater Management
Element .....................................................................................................142
Appendix J - Application for Non-Substantial Damage/
Improvement Review ......................................................................................150
Appendix K - Capital Improvement Stormwater Utility Project List ..................................165
Clearwater
3 S:AESM\Stat`AAMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009
FMP\2009_p1an_9_1_2009_finJ1 # 25
Attachment number 2
Page 4 of 173
City of Clearwater
Floodplain Management Plan
Figures
Figure 1.0 - Clearwater Service Area vs Clearwater Landmass Including SFHA
Comparison
Figure 2.0 - Southwest Florida Water Management District (SWFWMD) Drainage
Basins
Figure 3.0 - SWFWMD Drainage Basins within Clearwater
Figure 4.0 - Clearwater Zoning Boundaries and Drainage Basins
Figure 5.0 - Pinellas County Future Land Use Boundaries and Drainage Basins
Figure 6.0 - Topographic Map
Figure 7.0 - FEMA Special Flood Hazard Areas (SFHA) and SWFWMD Drainage
Basins
Figure 8.0 - Clearwater Waterbodies
Figure 9.0 - Hurricane Evacuation Zones and Evacuation Routes
Figure 10.0 - Hurricane Storm Surge Areas
Figure 11.0 - Special Needs Facilities
Figure 12.0 - Repetitive Loss Property
Figure 13.0 - Critical Facilities
Figure 14.0 - Sanitary Sewer Facilities
Figure 15.0 - Natural Gas Infrastructure
Figure 16.0 - Public and Private Schools
Clearwater
4 S:AESM\Stat`AAMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009
FMP\2009_plan_9_1_2009_finkfiffl# 25
Attachment number 2
Page 5 of 173
City of Clearwater
Floodplain Management Plan
SECTION 1.0 INTRODUCTION
The City of Clearwater is the second largest city in Pinellas County with 26.1
square miles and approximately 110,830 residents. Nearly half of the City's land
is devoted to residential use. The City has undergone considerable growth since
its incorporation in 1897. Between 1970 and 1990, the City's population
increased by 80 percent and the number of housing units within the City doubled.
Since 1990, the City's population has grown by approximately 11 percent and the
number of housing units has grown by approximately 25.9 percent.
Due to the amount of development constructed within the floodplain, as well as
an increase of stormwater runoff as a result of the overall increase of
development since Clearwater's incorporation, floodplain management has
become an important component in protecting the well-being of the City's people
and property. To help decrease the vulnerability of flood damage for thousands
of properties located within the coastal and floodplain areas, the City actively
participates in the Federal Emergency Management Agency's (FEMA), National
Flood Insurance Program's (NFIP), Community Rating System (CRS).
Communities that participate in the NFIP adopt and enforce floodplain
management programs in order to reduce future flood damage. In exchange, the
NFIP provides federally backed flood insurance for property owners and renters
in the participating communities. In addition to providing flood insurance and
reducing flood damage through floodplain management regulations, the NFIP
identifies and maps the Nation's floodplains.
The NFIP has been successful in requiring new buildings to be protected from
damage by a 100-year flood. However, flood damage still results from more
frequent, less intense, flooding episodes and from flooding in unmapped areas.
Under the Community Rating System (CRS), there is an incentive for
communities to do more than just regulate construction of new buildings to
minimum national standards. The CRS adjusts flood insurance premiums to
reflect community activities that reduce flood damage to existing buildings,
manage development in areas not mapped by the NFIP, protect new buildings
beyond the minimum NFIP protection level, help insurance agents obtain flood
data and help residents obtain flood insurance. The objective of the CRS is to
reward communities that are doing more than meeting the minimum NFIP
requirements to help their citizens prevent or reduce flood losses. The CRS also
provides an incentive for communities to initiate new flood protection activities.
The goal of the CRS is to encourage, by the use of flood insurance premium
adjustments, community and State activities beyond those required by the
National Flood Insurance Program to:
1. Reduce flood losses, e.g.:
• Protect public health and safety,
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• Reduce damage to buildings and contents,
• Prevent increases in flood damage from new construction,
• Reduce the risk of erosion damage, and
• Protect natural and beneficial floodplain functions.
2. Facilitate accurate insurance rating, and
3. Promote the awareness of flood insurance.
Initially, the City submitted a Repetitive Loss Plan to FEMA in 1991 to satisfy the
CRS requirements. On September 21, 2000, the City adopted a Floodplain
Management Plan in accordance with the then existing CRS requirements. The
Plan creates a comprehensive strategy for implementing sound floodplain
management activities and was designed in accordance with the 10-step
activities promulgated by FEMA's Disaster Mitigation Act 2000 and adopted in
Section 510 Floodplain Management Planning of the CRS Coordinator's Manual.
The 2000 Plan was updated in 2004 and adopted by the City Council by
resolution on October 21, 2004.
In 2009, the City created a Floodplain Management Planning Committee (FMPC)
to review and update the floodplain management activities identified in the Plan.
In accordance with requirements of the CRS program, this 2009 update provides
a reporting of the implementation of the 2004 Plans activities, a description of the
planning process involved with the 2009 update and descriptions of current and
future projects. The City Council adopted this Update to the Plan by resolution
on September 17, 2009 at its regularly scheduled meeting. See Appendix A for a
copy of the resolution.
SECTION 2.0 PLANNING PROCESS
The FMPC was formed to complete this 2009 update and will continue to be
responsible for the review and implementation of the Plan. The FMPC consists
of the CRS coordinator and representatives from Engineering, Planning, and
Public Service Departments. The FMPC held a kick off meeting March 3, 2009
to discuss the planning process and to identify, and assign tasks. A progress
meeting held on March 30, 2009 allowed the FMPC to review technical data,
update progress, and plan a public information meeting. Members of the FMPC
met again on June 10, 2009 to prepare for the public information meeting.
Minutes from the meetings are available in Appendix B.
The public information meeting was held on June 17, 2009 at the Ross Norton
Recreation and Aquatic Complex & Extreme Sports Park located at 1426 S.
Martin Luther King Jr. Ave in Clearwater, Florida. The public information meeting
provided a forum for residents to discuss the natural hazards, problems and
possible solutions specific to their neighborhoods and to offer input on the draft
update to the plan. Representatives from Engineering and Public
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Service departments presented information to residents. A flood protection
questionnaire was distributed at the meeting and will be mailed to residents in
September 2009. Information obtained from the public will be incorporated into
the 2010 CRS recertification and Plan evaluation. See Appendix C for the flood
protection questionnaire
In order to enhance the plan to address the flooding needs of the City,
coordination with surrounding communities and county, regional, state and
federal agencies is required. To assist in the understanding of the technical
aspects of the Federal requirements of the 2007 CRS Coordinator's Manual, the
City's assigned CRS Specialist and the Department of Community Affairs (DCA)
Bureau of Recovery and Mitigation staff were contacted. In addition, the
Southwest Florida Water Management District (SWFWMD), the Jacksonville
District of the US Army Corps of Engineers, the Tampa Bay Regional Planning
Council (TBRPC), the Pinellas County Office of Emergency Management and the
City of Largo staffs were all contacted and notified that the Plan was being
updated. Copies of the adopted Plan will be provided to these agencies. The
City's CRS coordinator met regularly with CRS coordinators from neighboring
communities to discuss local hazard mitigation activities and floodplain
management.
Some of the tasks involved in the update of the Plan include verification of
existing data, review of the latest GIS information, review of watershed studies,
census data and Pinellas County Property Appraiser information. Drainage basin
areas and existing floodplain land use have been refined. Repetitive loss
information has been updated. New floodplain regulations have been developed
to reduce damage to buildings and contents and prevent increases in flood
damage from new construction. Information from the current City of Clearwater's
Comprehensive Plan is included under planning goals. The list of stormwater
management projects has been updated to show completed improvements and
describe current and proposed projects.
SECTION 3.0 RISK ASSESSMENT
The City of Clearwater was incorporated in 1897 at which time the area was
important as a trading post. The City remained a small town with a 1930
population of 7,607 until after World War II, when the population doubled to
15,581. Similar to the rest of Florida, Clearwater experienced significant growth
after this time.
Garden Memorial Causeway, now referred to as Memorial Causeway, was
constructed in 1928 and connected mainland Clearwater with Clearwater Beach.
The Causeway replaced an old wooden bridge and allowed for better access to
Clearwater's barrier islands. In the late 1950's, traffic counts by the
Clearwater
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Florida State Highway Department indicated 6.3 million cars annually traveled
the roadway.
During the 1950's and 1960's, dredge and fill projects were numerous in Pinellas
County. Clearwater's Island Estates neighborhood was the City's most prominent
fill project located between Clearwater Beach and the mainland. This
neighborhood was described as "Venice-type development for exclusive homes".
Although this neighborhood is located on the waterfront, only one repetitive loss
property has been identified.
From 1970 to present, Clearwater's population has more then doubled, with most
of this growth occurring between 1970 and 1990. Clearwater has become
virtually built out and experiences growth primarily through relatively small
annexations and redevelopment projects. The beach is a mix of residential and
commercial uses and is generally redeveloped on a parcel-by-parcel basis.
Figure 1.0 shows the City of Clearwater Service area and the FEMA designated
Flood zones. This figure shows the difference between the floodplain area as
designated by FEMA on the Flood Insurance Rate Maps, May 2005 and the area
of the floodplain located on the land mass within the City of Clearwater service
area. This hazard mitigation plan is concerned with floodplain area located within
the City's land mass.
The majority of resources devoted by the City to address stormwater
management deficiencies are aimed at the following four areas: the Coastal
Basins, which includes Clearwater Beach (Sand Key, North and South
Clearwater Beach and Island Estates) and the areas located adjacent to the
Tampa Bay and Clearwater Harbor; the Stevenson Creek drainage basin; the
Allen's Creek drainage basin and the Alligator Creek drainage basin.
These four locations receive an increased level of concern, as they contain much
of the City's land area and residential population. Other smaller areas of the City
located within the Bishop Creek, Curlew Creek, Jerry Branch, Lake Tarpon Canal
and Mullet Creek drainage basins also receive stormwater attenuation projects to
help alleviate flooding in those specific areas. Since the drainage basins span
municipal and county boundaries, Figure 2.0 shows the overall delineation of the
Southwest Florida Water Management District (SWFWMD) drainage basins
inside and outside the service area. Figure 3.0 illustrates the drainage basins
within the boundary of the City of Clearwater service area.
To minimize the loss of life, human suffering, damage to public and private
property, and economic loss, a complete knowledge of how flooding affects the
City of Clearwater, and the resources affected, must be determined. This hazard
identification and vulnerability assessment is a vital component to a citywide
floodplain mitigation plan. Through the information gathered, the City
Clearwater
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will be better able to determine and prioritize mitigation initiatives used to prepare
for flooding episodes.
By developing a comprehensive assessment of the City's natural and man-made
resources and providing an analysis of how past flooding episodes affected these
resources, this flood mitigation plan will help to assure that the most beneficial
and cost effective flood mitigation activities are implemented by the City. Future
development potential within the City is illustrated in Figure 4.0, the City Zoning
Map, which is derived from the Pinellas County Future Land Use Map.
These land use categories provide a measurement of the maximum development
potential of current and future land use patterns. See Figure 5.0 for the Pinellas
County Future Land Use Boundaries Map.
General Description
The City of Clearwater is located in central Pinellas County along the west
central coast of Florida, bordered on the west by the Gulf of Mexico and the
Tampa Bay on the east. The city is bordered by the Cities of Dunedin to the north
and Safety Harbor to the east, the Town of Belleair and the Cities of Belleair
Beach and Largo to the south. The City of Clearwater has a total of 28-miles of
coastline.
Natural Features
subtropical climate zone.
The topography of the City of Clearwater can be characterized as nearly level to
a gently sloping terrain with the highest areas centrally located in the study area.
High coastal bluffs and white sandy beaches characterize the shoreline. Low
inland areas exist along the Allen's Creek, Alligator Creek and Stevenson Creek
floodplain. Elevations typically range from Mean Sea Level (m.s.l.) up to 104-feet
at its highest point (See Figure 6.0). The vegetation is typical of urban land in a
Drainage Basins
The City is divided into twelve drainage basins, of which four drain directly to the
Tampa Bay or the Gulf of Mexico. The 100-year floodplain is represented in two
of these drainage basins. See Figure 7.0 for an illustration of the Flood
Insurance Zones, May 2005. All of the basins are multi-jurisdictional and include
unincorporated enclaves. As these basins span municipal and county
boundaries, an increased level of coordination is required among the government
entities involved in mitigation projects.
The Coastal Basin, Stevenson Creek, Alligator Creek and Allen's Creek drainage
basins are the four largest watersheds in the city. The three creeks
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drain an area several miles inland, and under specific conditions, tidewaters
generated at their mouths can inundate the creeks upstream and intensify
flooding episodes. See Figure 8.0 for the locations of creeks, lakes, and ponds.
In addition, the Bishop Creek, Curlew Creek, Jerry Branch, Lake Tarpon Canal,
and Mullet Creek drainage basins, all located in the northern portion of the City,
also function as stormwater runoff collectors. Refer to Figure 2.0 and 3.0 for
drainage basin locations. The Coastal Basin, the Stevenson Creek drainage
basin and the Alligator Creek drainage basin will be analyzed thoroughly in the
Repetitive Loss Property section, as these three areas contain repetitive loss
structures.
The Stevenson Creek Watershed, the largest and most urbanized watershed
within the City of Clearwater, drains 6,291-acres of land area in west central
Pinellas County; of this area, 4,605-acres (73%) are within the Clearwater city
limits. Bodies of water located within the Stevenson Creek Watershed are Lake
Bellevue, Lake Lucille, Crest Lake, and Hibiscus Lake.
At a total of 5,594-acres, of which 5,118-acres (91%) are located within
Clearwater, the Alligator Creek Watershed is the second largest in the region and
most urbanized watershed in the City and includes a
complex basin consisting of four major lakes and seven
tributaries. Alligator Lake and Lake Chautauqua, at 78-
acres and 52-acres, respectively, are the largest interior
water body features located in the City. The two other
,?d<,. .,
main lakes located in this watershed are Beckett Lake f"
and Harbor Lake.
Lake Chautauqua
The Allen's Creek Watershed is approximately 4,871-
acres in area. A total of 2,345-acres (48%) are
located within the south-central section of the City.
The majority of land uses located within this basin are
low-density single family residential. The main lakes
located within this watershed are Venus Lake, Lake
Starcrest, Lake Helen, and Sonny Lake.
At 908-acres, the Bishop Creek Watershed is the smallest basin with a portion of
its area located within Clearwater. The basin's land area within the City totals
just 214-acres (24%) and is located in the northeast section of the City. Nearly
one-third of the basin's land area functions as a school and the remaining uses
are medium-density residential and public/semi-public.
The Curlew Creek Watershed, located in the northern most section of the City,
drains 4,109-acres. With 1,390-acres (34%) of this watershed located within the
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City, it contributes to a significant drainage area for the overall stormwater
management system of the City.
While the majority of land uses located within this drainage basin function as a
mixture of residential density classifications, which vary from low- to high-density,
property fronting US Highway 19 North is classified as commercial and office.
Located in the north-central portion of the City, the Jerry Branch Watershed is
located between the Stevenson Creek, Alligator Creek, and Curlew Creek
Watersheds. At a total of 2,410-acres, 1,039 (43%) of which are located within
the City, the Jerry Branch drainage basin consists primarily of low- to medium-
density residential, with commercial uses sparsely found along the US Highway
19 and State Road 580 corridors.
The Lake Tarpon Canal Watershed provides a total drainage area of 1,782-acres
for the northeastern most section of the City and portions of Safety Harbor and
Oldsmar. Within the City of Clearwater, the basin totals 1,004-acres (56%).
Much of the area is devoted to low density residential, recreation/open space and
transportation utility uses.
At 1,928-acres, the Mullet Creek Watershed provides the neighboring City of
Safety Harbor with a significant area for stormwater retention. However, with just
581-acres (30%) of the drainage basin located within the City of Clearwater, the
basin manages a limited portion of the City's overall stormwater management
system. Mostly low-density residential land uses exist throughout the entire
drainage basin, while limited public/semipublic uses are located throughout and a
sparse amount of commercial uses are located along the McMullen Booth
corridor.
In addition to the above basins, some basins provide direct runoff to the Gulf of
Mexico, Tampa Bay, or Safety Harbor. These areas, labeled Direct Runoff to the
Gulf and Direct Runoff to the Bay, are shown on Figure 2.0. The Direct Runoff to
the Gulf Basin is the largest, 19,242-acres and includes all of the area known as
Clearwater Beach, as well as the western most portion of the City's mainland.
This western portion includes much of the area included in the City's Downtown
District and Harbor Oaks neighborhood. Figure 3.0 shows the separation of the
larger basin into Coastal Basin 1, Coastal Basin 3, and Coastal Basin Beach, a
total of 2179-acres (11 %) located within the City of Clearwater land mass. The
land uses located in the mainland portion of this basin range from low-density to
high-density residential, recreation/open space, commercial and public/semi-
public uses.
The main portion of Clearwater Beach is made-up of two natural barrier islands,
separated by an inlet that provides access to Clearwater Harbor (the Intra-
Coastal Waterway) and the Gulf of Mexico. These two barrier islands
Clearwater
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extend approximately six-miles along the Gulf of Mexico and consist of the areas
known as Clearwater Beach and Sand Key.
In addition to the two barrier islands, the area known as Island Estates is also
included in the basin. This man-made fill island, created
during the 1960's, contains approximately 210-acres and
10-miles of intra-coastal waterfront property consisting of a
series of islands and peninsulas. All of these areas are
densely populated and almost completely built-out. The
land uses consist of residential properties that vary from
single-family and multi-family condominium and town Island Estates
homes, hotels and motels, commercial businesses, offices, parks and outdoor
recreation areas, churches and government buildings.
SWFWMD's Direct Runoff to the Bay basin is located along the eastern section
of the City and is 2,484 acres. The basin is separated into Coastal Basin 4 and
Coastal Basin 2 (See Figure 3.0) a total of 2,166 acres (10.5%) within the City
land mass. Coastal Basin 2 provides stormwater retention for various types of
land use in an area approximately east of Highway US 19 and south of State
Road 60. The land use in the basin ranges from low- to high-density residential,
recreation/open space, commercial, office, and public/semi-public. While much
of the basin's elevation does not exceed 30-feet, a small section in the western
most portion rises up to 80-feet.
Coastal Basin 4 located in the northeast area of the City consists primarily of low-
density residential uses.
Climate
The climate in Clearwater is subtropical marine, characterized by long, humid
summers and mild winters. Rainfall is abundant, especially during the summer
months. The annual average rainfall is 51.9 inches, mostly occurring between
June and September. The driest months of the year are April and November.
Snowfall in Clearwater is extremely rare. The maximum-recorded accumulation
was two inches in January 1977.
The average annual temperature is 74.1 degrees Fahrenheit. The average high
temperature is 81.7 degrees Fahrenheit, with an average low of 61.6 degrees
Fahrenheit.
In the winter months, the normal daily fluctuation in temperatures is from the low
50 degrees Fahrenheit to the low 70 degrees Fahrenheit.
Clearwater
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In the summer months, the temperatures range from the low 70 degrees
Fahrenheit to the high 90 degrees Fahrenheit. The number of freezes recorded
at Tampa International Airport is an average of 3.3 days at 32 degrees
Fahrenheit or below per year. Due to Clearwater's exposure to the shoreline, the
average number of freezes tends to be less than those recorded in Tampa.
Clearwater has a very active thunderstorm season during the summer months.
There is an average of 85 thunderstorms per year. Most occur during the
months of June through September. The hurricane season extends from June
V t through November 30tH
Population
Clearwater is the second largest city in Pinellas County and has a population of
approximately 110,830 residents. The current population density is 4,336 people
per square mile. The average household size is 2.19 persons per home and the
average age of Clearwater residents is 41.3, with 25.6 percent of the population
over 60 years of age. Having a population base with 25.6 percent of the
residents over 60 years of age makes it very important to have an evacuation
program in place that considers the mobility limitations of the elderly. See Figure
9.0 for Hurricane Evacuation Level areas and Evacuation Routes.
Housing and Development
The City's total land mass is 20,640 acres. There are 25,611 residential parcels
containing 29,224 structures within the City. Of these, there are 4,547 parcels in
the floodplain, containing 6,048 structures with a total estimated improved value
of $3,467,270,300.
There are 1,321 commercial parcels containing 1,483 structures within the City.
Of these, there are 158 parcels in the floodplain containing 174 structures, with a
total estimated improved value of $155,971,800.
There are 644 office parcels containing 590 structures within the City. Of these,
there are 76 parcels in the floodplain containing 75 structures, with a total
estimated improved value of $52,393,200.
There are 1,431 tourist/downtown parcels containing 1,074 structures within the
City. Of these, there are 519 parcels in the floodplain containing 444 structures,
with a total estimated improved value o $953,094,900.
There are 233 industrial parcels containing 313 structures within the City. Of
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these, there are 46 parcels in the floodplain containing 80 structures, with a total
estimated improved value of $28,865,500.
There are 354 institutional parcels containing 737 structures within the City. Of
these, there are 96 parcels in the floodplain containing 207 structures, with an
estimated improved value of $126,201,800.
There are 153 open space / recreation parcels containing 128 structures within
the City. Of these, there are 97 parcels in the floodplain containing 91 structures,
with an estimated improved value of $25,110,800.
There are 45 parcels designated as preservation within the City. Of these, 32
parcels are located in the floodplain containing 9 structures, with an estimated
improved value of $5,914,700.
The existing residential character of the City is maintained with approximately
6,372-acres or 31 percent of the net land devoted to residential uses at a density
not exceeding 7.5 units per acre. Of this, 816-acres (4%) are located within the
floodplain. Generally, this density is not proposed to change.
Multi-family residential uses (7.6+ units per acre) occupy 2,686-acres or 13
percent of the City, of which 514-acres (2.5%) are located within the floodplain.
Mobile home parks occupy 357-acres (1.7%) of the City, of which 49-acres, or
0.2%, are located within the floodplain.
The majority of new multi-family residential development and redevelopment
projects are occurring on Clearwater Beach and Downtown Clearwater. Motels
located on Clearwater Beach are undergoing redevelopment to multi-family
residential uses on a parcel-by-parcel basis, while the redevelopment of
Downtown Clearwater is also occurring through infill projects on a parcel-by-
parcel basis. The mainly single-family residential area of north Clearwater Beach
is projected to remain low-density. New development and redevelopment is being
built within the permitted density and reviewed in detail for consistency with the
City's flood mitigation requirements.
All new residential development and redevelopment projects proposed within the
floodplain are required to be constructed to current FEMA requirements, limiting
potential flooding.
Development Constraints
1. Clearwater is surrounded by bodies of water to the east and west and no
large developable land areas to the north or south.
Clearwater
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2. Clearwater has experienced a 10.9 percent increase in population growth
since 1990, increasing from 98,784 to an estimated 110,830 in 2005.
3. There is limited vacant land within the entire City that is developable.
Within the floodplain, 197-acres (5.6%) of vacant land is available for
development.
4. Environmentally sensitive lands
Recreation/Open Space on the
Drainage Basins Map (Figure 4).
are designated Preservation and
Clearwater Zoning Boundaries and
Preservation and Recreation/Open Space future land use designations amount
to 31.3 percent of the floodplain and 11.0 percent of the entire City land area.
These designations do not permit residential or commercial development.
Despite these constraints, future development is still possible. Redevelopment of
existing properties and the annexation of additional properties currently located
outside of the municipal boundaries present future development opportunities for
the City.
Transportation
A network of state and local roadways service the City of Clearwater with U.S.
Highway 19, Alternate U.S. Highway 19, County Route 1 and County Route 611
providing the major north/south transportation corridors, while State Route 60,
State Road 580 and State Road 590 provide the major east/west transportation
corridors. The City is also serviced by a number of bus routes operated by PSTA,
the Pinellas Suncoast Transit Authority.
Identifying Hazards
Several hazards have been identified that pose a threat to the City's residents. It
was determined that the City of Clearwater is most vulnerable to the following
episodes:
• Tidal Flooding
• Hurricanes and Tropical Storms; and
• Seasonal Flooding.
While all three of these hazards pose a significant threat to the City's residents,
hurricanes and tropical storms are statistically the least likely to impact the City,
but would result in the most severe amount of damage.
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Profiling Hazard Events
Flooding in the City of Clearwater results primarily from rain storms, tropical
storms and hurricanes that cause intense rainfall, excessive runoff and tidal
surge (and associated wave action) in coastal areas. Figure 10.0 provides the
Hurricane Storm Surge Areas located within the City. Although somewhat
protected from the Gulf of Mexico by the offshore islands, the coastline at the
City is subject to abnormally high storm tides. Not all storms that pass close to
the study area produce extremely high tides. Similarly, storms that produce
extreme conditions in one area may not necessarily produce critical conditions in
other parts of the study area.
Stevenson, Allen's and Alligator Creeks are coastal creeks that drain an area
several miles inland. Under certain conditions, tidewaters generated at the
mouths of these creeks can intrude far upstream. Strong consistent winds
associated with intense rain storms and tidal surges, which typically accompany
hurricanes, can aggravate the tidal flood situation, particularly in areas where the
secondary drainage system is poorly developed. Due largely to heavy seasonal
rainfalls and its location directly on the Gulf of Mexico, the City of Clearwater is
subject to periodic flooding and hurricanes. Storms passing in the vicinity of the
City have produced a number of major floods causing significant damage. A
historical review of the City's records from 1921 to 1972 revealed how major
storm events impacted the City.
The following list details these events.
• August 31-September 8, 1935 "Labor Day Hurricane"
This storm, called the "Labor Day Hurricane," was one of the most severe tropical
disturbances ever recorded. The storm was first located east of Turks Island,
traveled toward the Florida Straits, re-curved across the Florida Keys, and then
passed up the west coast of Florida on a broad re-curve that brought it inland
near Cedar Key. Along the beach areas from the City of Sarasota northward to
Clearwater Beach, homes were undermined and badly damaged. Mass
evacuation of those areas was accomplished before the storm.
• September 1-7, 1950 "No-name Hurricane"
This hurricane originated over the western Caribbean Sea; passed northward
over Cuba and the Gulf of Mexico, then moved north-northwestward parallel to
the Florida coastline. It made two loops near Cedar Key, moved inland
southeastward, passed approximately 30 miles north of the City of Tampa,
recurved, and traveled northward. Pinellas County beach areas sustained heavy
damage, principally from the long duration of high tides and waves that caused
considerable erosion and recession of the shoreline. In turn, that erosion was
responsible for major structural damage along the beaches. This
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small, but severe hurricane was also accompanied by intense rainfall. A total of
12.7 inches of rain in two days was reported in the City of Clearwater.
June 4-14,1966 "Hurricane Alma"
Hurricane Alma originated in the Gulf of Honduras, passed between Dry
Tortugas and Key West, and landed in the Apalachee Bay area, causing variable
tides ranging up to 10-feet above normal on the west coast of Florida. Besides
structural damage in west Florida, the mango crop in the southwestern portion of
the state and the grapefruit crop around Pinellas County were severely damaged.
• June 19, 1972 "Hurricane Agnes"
Hurricane Agnes originated on the northeastern tip of the Yucatan Peninsula and
traveled westward. The storm was of large diameter, and, although the center of
this storm passed approximately 150 miles west of the Florida peninsula, it
produced a high, damaging tidal surge. In Pinellas County, tides averaged 3 to 6-
feet above normal in the coastal areas. Beaches and causeways were flooded.
Flooding conditions of extreme magnitude occurred in Tampa Bay and caused
an influx of saltwater through the outlet canal into Lake Tarpon. Damage in
Pinellas County from this storm was estimated at $12.5 million.
A review of the flood insurance claims submitted within the City from 1978 to the
present indicates that the majority of claims resulted from the following four
storms and/or tidal events:
• August 31, 1985 - September 4, 1985 "Hurricane Elena"
Rainfall and high tides over a two-day period resulting in the flooding of 43
homes with insurance.
• September 6, 1988 - September 9, 1988 Stationary Front
Greater than 15 inches of rainfall in a four day period and high tides resulting in
the flooding of 15 homes with insurance.
• March 13, 1993 Winter No Name Storm
Rainfall and a tidal surge resulting in the flooding of 61 homes with insurance, the
worst event in terms of the number of claims.
• October 6, 1996 - October 8, 1996 Tropical Storm Josephine
Rainfall combined with high tides caused flooding in 32 homes with insurance.
The following list exhibits the dates identified by the NFIP that residents
submitted flood insurance claims following heavy rainfall and/or tidal events:
Date of Event Number of Claims
• May 4, 1978 2
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• May 8, 1979 3
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• August 29, 1979 1
• September 23-29, 1979 3
• February 8, 1981 1
• August 20 - 21, 1981 1
• February 8, 1981 1
• August 9-10, 1982 1
• June 18, 1982 9
• August 18-19, 1982 1
• February 28, 1983 1
• September 11, 1983 1
• September 29, 1984 1
• July 25-26, 1985 1
• August 31, 1985 43
• October 31, 1985 2
• December 31, 1986 1
• July 2, 1987 1
• July 20-21, 1987 5
• September 6, 1988 15
• November 22-23, 1 988 7
• January 2, 1990 6
• February 28, 1993 1
• March 12, 1993 61
• September 11, 1993 1
• October 4-5, 1995 5
• June 2-4, 1995 1
• July 11, 1995 1
• July 27, 1995 1
• October 7, 1996 32
• June 22-25, 1997 1
• July 5, 1997 1
• October 31, 1997 1
• November 22, 1998 1
• January 2-3, 1999 5
• July 15, 2000 5
• December 9, 2002 1
• February 22, 2004 1
Assessing Vulnerability
An assessment of the existing resources of the City is crucial to identifying the
vulnerabilities of an area. While it is highly important to understand the location
and demographics of the residential population living within the City,
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an assessment of the built environment must also be available. A comprehensive
assessment will allow the City to fully understand where floodplain mitigation
strategies will most benefit the City's residents, as well as the built resources that
are critical to the welfare and safety of the residents. In addition, the assessment
needs to provide a description of the areas that are continuously flooded.
Identifying these areas and the structures that are affected by the repeated
flooding will allow the City to efficiently utilize the resources available to help
mitigate the impact of repetitive damages that occur to structures during flooding
episodes.
Residential Population
Identifying the existing number of residents living within the floodplain, as well as
the established hurricane evacuation levels, is crucial to the effectiveness of
understanding how to assess the floodplain management needs of the City. It is
essential that a coastal community establish the number and any age limitations
of residents living within the floodplain area to implement a successful mitigation
strategy.
The tables below identify the number of residents living within the specified Flood
Insurance Zones, established by FEMA, May 2005.
Population Living in Flood Insurance Zones
VE Zone AE Zone A Zone Total
3035 18,645 1,734 23,414
Special Facilities Populations
Home to a significant special needs population, 25.6 percent of the population
over 60 years of age, the City must take special considerations when developing
plans relating to pre-and post-disaster mitigation strategies. In addition,
individual facilities are required to develop hazard mitigation plans specific to the
facility. The table below illustrates the maximum capacity of hospitals, nursing
homes, assisted living facilities (ALF's), and ambulatory service centers (ASC's)
located within the City's Flood Insurance Zones and the maximum capacity at
each facility. See Figure 11.0 for Special Needs Facilities.
Clearwater
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Floodplain Management Plan
Special Facilities Population in Flood Insu rance Zones
In the City Located in Floodplain
Total Max
Capacity Total Max
Capacity
Hospital 1 687 0 -
Nursing Home 6 390 1 120
ALF 39 1134 4 53
ASC 3 6 0 -
Total 49 2217 5 173
Areas of Repetitive Loss Properties
Repetitive loss properties are properties that the National Flood Insurance
Program (NFIP) has paid two or more claims of $1,000 or more in any given 10-
year period since 1978. Since the inception of the CRS reporting system, 235
repetitive loss flood insurance claims have been made on 89 properties within
the City, amounting to $4,196,871 in flood insurance compensation (NFIP,
Repetitive Loss Details by Community, June 30, 2007). See Figure 12.0 for
current repetitive loss property locations as of June 30, 2007. The following
section provides an assessment of the reoccurring flood problems and includes
the number of repetitive loss properties, the primary existing land uses, and a
description of the area. Clearwater Beach and Stevenson Creek contain the
majority of repetitive loss claims. Alligator Creek has only five repetitive loss
properties located within its basin.
Coastal Basin
At approximately 2179-acres, the Coastal Basin contains more than half (62%) of
the City's land area located within the 100-year floodplain. The 65 repetitive loss
properties located on Clearwater Beach, eight of which are located on Sand Key
and one on Island Estates, represents 80 percent of the total for the City. Since
the inception of the National Flood Insurance Program, these 74 properties have
produced 192 flood insurance claims, 76 percent of the total claims for the City,
that have amounted to $3,151,860.00 in insurance payments. Land uses within
the Clearwater Beach area are residential and commercial. Many of the
commercial facilities are hotels, motels, restaurants and retail shops catering to
the tourist population. The Island Estates neighborhood and the fingers off
Hamden Drive on Clearwater Beach and Gulf Boulevard along Sand Key were
created through fill activities.
Storm outfalls below mean high tide, lower than desirable building finish floor
elevations and the topography of these areas are all contributing factors to the
repetitive losses, generally caused by tidal flooding. The highest benchmark, 7.4-
feet above m.s.l. NGVD29, on Clearwater Beach is located along the
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Memorial Causeway at Island Way in Island Estates. The beach watershed was
first studied and addressed in the 1997 Clearwater Watershed Action Plan. A
high percentage of impervious acreage, increased channelization and a
decreased headwater depressional storage area have contributed to flooding
problems, which are typical of highly developed urban areas.
Stevenson Creek Basin
There are 10 repetitive loss properties located in the Stevenson Creek Basin.
Since the inception of the National Flood Insurance Program, these 10 properties
have produced 29 flood insurance claims, which amounted to $207,188 in
insurance payments. The Stevenson Creek watershed is highly urbanized with
less than 10 percent of the land area undeveloped. The predominant land use in
this watershed within Clearwater City limits is low-density residential particularly
east of Stevenson Creek and north of Drew Street. Land use west of Stevenson
Creek and south of Drew Street is comprised of mixed urban land uses including
low-density residential, high-density residential, commercial, overnight
accommodations, office and industrial. The Stevenson Creek basin is shared
with the cities of Dunedin, Largo and Pinellas County. The main lakes located
within the watershed, and limits of the City of Clearwater, include Lake Bellevue
(24-acres), Crest Lake (10-acres) and Lake Hobart (12-acres). Lake Bellevue
and Crest Lake are adjacent to low-density residential and recreational uses,
while a large area of low-density residential land use surrounds Lake Hobart.
The gently rolling topography of the Stevenson Creek watershed varies in
elevation from zero to 65 feet above mean sea level. Dense development has
resulted in extensive impervious surfaces and very limited amounts of natural
stream and floodplains. Most constructed channels are inadequate for heavy
storm runoff and are further restricted by small bridges and culverts, which
frequently cross the creek.
Historically, the Stevenson Creek watershed provided examples of many
different habitats found in Florida. The mouth of the
creek is estuarine. A weir, constructed at Palmetto
Street along the creek, separates the saltwater
portion from the freshwater portion. South of the
weir, the banks are relatively steep and create only a
small zone for wetland vegetation. This extends to
Court Street, where the creek runs through the Glen
Oaks Municipal Golf Course. Vertical walls confine Stevenson Creek at the Pinellas
the southern end before opening up into a wider Trail
expanse of exotic and nuisance species of vegetation.
Clearwater
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The stream is controlled by a weir at Druid Road and functions as a long linear
retention area south of Druid Road to Jeffords Street. South of Jeffords Street, a
significant amount of aquatic vegetation occurs in the stream way with wetland
vegetation confined to a narrow bank zone in this channelized section. From
Lakeview Road and beyond, the stream channel is confined to a narrow
easement and is overgrown with exotic and nuisance species until the stream is
piped underground at Bellevue Boulevard.
Several studies have been conducted on the Stevenson Creek watershed over
the last 15 years including two watershed management plans. New projects are
implemented as a result of the latest watershed management plan and as the
projects are completed the City of Clearwater Engineering Department
proactively updates the plan to reflect the mitigation activities.
Alligator Creek Basin
There are five repetitive loss properties in the Alligator Creek watershed, which
have produced 14 flood insurance claims that have amounted to $837,823 in
insurance payments.
The Alligator Creek watershed lies within three
jurisdictions, including the City of Clearwater, Pinellas
County and the City of Safety Harbor. This is the most
;. urbanized watershed in the City, with a large industrial
area covering the western portion, low density residential
areas in the central portions and a wide corridor of
commercial land use along U.S. Highway 19 and Gulf-to
Alligator Creek Bay Boulevard. The Alligator Creek watershed is the
second largest watershed within the City of Clearwater
and drains approximately 5,594-acres.
Nearly 90 percent of the drainage area is within the Clearwater City limits. The
main stem of Alligator Creek originates near the intersection of Keene Road and
Sunset Point Road on the northern edge of a large industrial area adjacent to the
Clearwater Airpark. There are five defined tributaries
which discharge to the main Alligator Creek channel.
The main channel flows easterly, eventually discharging
to Alligator Lake, which in turn discharges into Old
-414
Tampa Bay. Alligator Lake is fitted with a salinity
control structure, which prevents saltwater intrusion into
the lake. Significant lakes within the watershed include
Alligator Lake (80-acres); Lake Chautauqua (50-acres);
and Moccasin Lake (30-acres). Lake Moccasin Lake
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Chautauqua discharges into a south flowing tributary of the main channel.
Moccasin Lake is located almost centrally along the length of the stream at
Moccasin Lake Park. Runoff is received from the surrounding areas and the lake,
as well as two retention ponds which outfall into a channel and subsequently into
the main channel. Alligator Lake is the most downstream lake in the Alligator
Creek watershed and receives runoff from the entire upstream portion of the
watershed as well as from local residential runoff.
The topography of Alligator Creek is the most dramatic of Clearwater's basins in
that it contains two relatively large areas within its northern region with elevations
over 90 feet, as well as areas within the eastern region that are just above sea-
level. The creek has two main areas of headwaters within the City; one is located
in a topographically high area north of Lake Chautauqua (90-feet above m.s.l.)
and the other is located west of Keene Road (65-feet above m.s.l.).
Several studies have been performed for the Alligator Creek basin over the past
15 years. The first of these studies was conducted in 1981 by HDR for Pinellas
County as part of a countywide comprehensive stormwater drainage master plan.
The U.S. Army Corp of Engineers conducted a detailed study in a portion of the
basin for the City of Clearwater in 1989. In 1997, Parsons Engineering Science,
Inc. performed the most comprehensive study for this basin, and updated the
study in 2005.
There are no repetitive loss properties in
Creek, Bishop Creek, Curlew Creek, Jerry
Mullet Creek) located within the City.
Identifying Assets
Existing Floodplain Land Uses
the other drainage basins (Allen's
Branch, Lake Tarpon Canal and
The City's floodplain is primarily a mix of single-family and multi-family residential
uses, open space/recreation and preservation, with limited commercial and
industrial uses. Residential land uses (40%) and land designated as
preservation or recreation/open space (31%) account for 2472-acres (71%) of
the floodplain. Much of the City's 100-year floodplain is located along the coastal
areas, and at 1130-acres, Clearwater Beach encompasses less than half of the
City's entire floodplain area. See Figure 7.0 for special flood hazard areas. Due
to the natural beauty and recreational opportunities offered by the beach, much
of the Clearwater Beach area is utilized for residential and/or tourist purposes.
The existing land use data analysis shows both positive and negative trends. The
limited amount of land utilized for non-residential purposes (29.1%) and the
abundant amount of preservation and recreation/open space land uses (31.4%)
within the floodplain shows an encouraging trend. With approximately
Clearwater
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one-third of a city's land area located within the floodplain utilized for residential
purposes, the importance of the City's continued participation in the pre- and
post-flood hazard programs offered by the Federal government and flood
mitigation planning at the local, regional and state level is reinforced.
An analysis of existing floodplain land uses results in the following findings:
1. 17.0 percent (3,487-acres) of the City land mass is located within the 100-
year floodplain.
2. Residentially developed land within the floodplain totals 1,379-acres
(40.0%), approximately 4,547 residential parcels, containing 6,048
structures.
3. Within the floodplain, 1,093-acres (31.4%) are designated as preservation
or utilized as recreation/open space land uses.
4. Only 651-acres (18.7%) of land area is utilized as commercial, office,
downtown, tourist, mixed-use, industrial and institutional purposes.
5. 197-acres (5.6%) of land located within the floodplain is currently vacant.
Existing floodplain land uses are inventoried and summarized in the table below.
Land Use Acres Percent
Land Use Type Total Acres in Floodplain % of Floodplain
Residential 1,379 39.5
Commercial/Retail 143 4.1
Office 43 1.2
Tourist / Downtown 239 6.9
Industrial 59 1.7
Institutional 167 4.8
Recreation/Open Space 682 19.6
Preservation 411 11.8
Vacant 197 5.6
Unincorporated 167 4.8
TOTAL 3487 100
Annexation Areas
There is approximately 4,108-acres of unincorporated county land located within
the Clearwater's Planning Area, most of which are developed. Only 167-acres of
unincorporated land exists in the floodplain and is not a concentrated
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area, but rather a scattered throughout the central portions of the City.
Unincorporated land located within the floodplain exists primarily as low- and
medium density single-residential uses.
Clearwater has a voluntary annexation program that encourages properties
located within the Clearwater Planning Area to annex into the City. The
annexation program is governed under the Pinellas County Ordinance 00-63 and
Florida Statutes, Chapter 171.
Critical Facilities
A critical facility is defined as a facility in either the public or private sector that
provides essential products and services to the general public, is otherwise
necessary to preserve the welfare and quality of life in the City, or fulfills
important public safety, emergency response, and/or disaster recovery functions.
The critical facilities identified in the City include storm shelters, hospitals and
other health care facilities; municipal, county, state and federal government
buildings; airports; gas, electric and communication utilities; water and
wastewater treatment plants; hazardous waste sites; and schools. The following
list exhibits the figures that reference each of the critical facilities:
• Figure 13.0, Critical Facilities (Fire Stations; Police Stations; Hospitals;
Shelters; Special Needs Shelters; Airports; Hazardous Material Storage
Sites)
• Figure 14.0, Sanitary Sewer Facilities
• Figure 15.0, Natural Gas Infrastructure
• Figure 16.0, Public and Private School Facilities
The following table exhibits the number, of the critical facilities located throughout
the entire city, as well as the facilities located within the floodplain.
Critical Facilities in the Floodnlain
TYPE OF FACILITY
# in the City # in the
Floodplain
Fire Stations 8 2
Police Stations 9 3
Hospitals 1 0
Storm/Emergency Shelters 4 0
Airports 1 0
Hazardous Material Storage
Site 18 5
Total 52 10
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SECTION 4.0 HAZARD MITIGATION STRATEGY
Three departments within the City's administration guide stormwater
management. The Engineering Department is responsible for identifying
problems and implementing solutions. The Pubic Services Department is
responsible for maintenance of public drainage systems. The Planning and
Development Department, in conjunction with the Engineering Department, are
responsible for the review and approval of private drainage conveyance and
retention. An engineer with the Engineering Department currently serves as the
CRS coordinator. Since its incorporation in the NFIP, the City has been involved
with stormwater management and reduction of flood damages, and the planning,
design and construction of drainage improvements. Historically, the 1981
Alligator Creek Drainage Basin Study and the 1981 Stevenson Creek Drainage
Basin Study, and the subsequent updates, have guided flood management and
built a foundation for implementing mitigation projects.
The Clearwater Comprehensive Plan (2001), the Watershed Action Plan (1997),
the Allen's Creek Watershed Management Plan (1996), the Alligator Creek
Watershed Management Plan (1997) and Update (2005) and the Stevenson
Creek Watershed Management Plan (2001) have guided recent stormwater
management activity. As the projects identified from these studies are
implemented, the plans are updated to include the mitigation activity. Numerous
other supplemental studies have also been completed to address the City's flood
prone areas. As a result of the planning efforts and mitigation projects identified
by the watershed management plans, the City created the Capital Improvement
Stormwater Management Committee (CISMC) to efficiently address effective
stormwater management strategies. The CISMC, comprised of City
representatives from the Engineering and Public Service Departments, regularly
convenes to discuss various issue related to stormwater policy and to address
any deficiencies in the City's Stormwater Management system.
Evaluation of Previous Plan's Activities
Several activities identified through the 2004 version of the Floodplain
Management Plan have been, or are in the process of being implemented. Many
of these activities are continuously updated and are also included in this Plan.
The following is a list of activities and projects identified through the 2004 Plan
that have been completed:
• Kapok Land Acquisition and Restoration Analysis
• Prospect Lake Park (Town Pond) Construction
• Moccasin Lake Habitat Improvement Feasibility
• Stevenson Creek Stormwater Retrofit Project
• North Greenwood Neighborhood Stormwater Project
• Myrtle Avenue Drainage Improvements
Prospect Lake Park
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• Palmetto Street Drainage Improvements
• Glen Oaks Phase I and II Stormwater and Recreation Improvements
• Alligator Creek Channel B
• Alligator Creek Channel G
• North Beach Drainage Improvements
• NE Coachman Road Bridge Assessment
On-going activities and projects identified through the 2004 version of the Plan
are also referenced in the "Identification and Analysis of Mitigation Measures"
section included in this Plan. The City will continue to monitor the progress of
these ongoing projects to help alleviate the impacts of flooding on residents.
Current and future projects and activities are also identified in this Plan.
Floodplain Regulations
The extent of the flood hazard exposure in developed floodplain areas is largely
due to construction below the 100-year base flood elevation. These properties
are referred to as pre-FIRM because of their construction before the adoption of
Flood Insurance Rate Maps (FIRM) requiring construction above flood elevation.
Formal regulation of floodplain development did not occur until 1980 when the
Flood Damage Prevention Ordinance was passed. The Flood Damage
Prevention Ordinance (Appendix D), contained in the Clearwater Community
Code, regulates coastal construction in all areas of special flood hazard,
consistent with 161 Florida Statutes and the National Flood Insurance Program.
The Ordinance refers to the Federal Emergency Management Agency's (FEMA)
maps in defining the coastal high hazard area. Special construction standards
are required for new development, substantial improvements and the facilities
that service areas vulnerable to flooding. The standards are intended to
minimize impacts on natural features and allow structures to withstand the effects
of a 100-year storm. The majority (58) of the 89 repetitive loss properties are
located on Clearwater Beach, constructed prior to FEMA's current base flood
elevation requirements. Base flood elevation requirements for the North
Clearwater Beach area are generally 11 feet NAVD88. Article 4, Division 13 of
the Clearwater Community Development Code provides strict requirements for
the process of land clearing and grubbing (Appendix E). This section requires
that specific procedures are met prior to the issuance of a permit to clear land
within the City.
The Erosion and Siltation Control Policy was implemented in 1984, and amended
in April 2003 (Appendix F). These measures require erosion and siltation control
methods to be employed during construction. This policy includes measures
such as land clearing and grubbing, stabilization of denuded areas, protection
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and stabilization of soil stockpiles, protection of existing storm sewer systems
and sediment trapping procedures.
The Design Criteria for Stormwater Drainage was implemented in 1991 and
revised July 2000 (Appendix G). In general, these standards are requirements
set by the Southwest Florida Water Management District and the City of
Clearwater Engineering Department. This document prevents damage from
flooding by reducing peak flows of surface water runoff and ensures water quality
by managing the concentration of pollutants entering surface waters.
The City also utilizes a Stormwater Management System Policy 2002 guidance
manual (Appendix H). This manual is intended to provide water policy guidance
for the development and implementation of programs, projects, rules and plans
relating to City water resources. This manual also establishes the policies and
goals by the City's Engineering Department to address floodplain management.
The Tampa Bay Estuary Program (TBEP) was established in 1991 to assist the
community in developing a comprehensive plan to restore and protect Tampa
Bay. The program is part of a national network of 28 estuary programs
established under the Clean Water Act and administered nationally by the U.S.
Environmental Protection Agency (EPA). Local administrative support is provided
through the Tampa Bay Regional Planning Council. Charting the Course - The
Comprehensive Conservation and Management Plan (CCMP) for Tampa Bay,
provides strategies to repair and protect the Tampa Bay ecosystem in the most
cost-effective manner and according to the principles of ecosystem management.
Clearwater is a TBEP participant and has created an action plan to meet the
goals of the CCMP.
Identification and Analysis of Mitigation Measures
The City of Clearwater has completed and will continue to implement floodplain
management activities that are ongoing, as well as propose new projects. These
fall into the CRS Floodplain Management Activities: planning goals, preventive
activities, property protection, natural resource protection, emergency services,
public information and stormwater management projects. The following activities
were previously identified through meetings with city staff, the flood protection
surveys, coordination with other local, regional and state agencies and the review
of previous City reports and documents. These goals and activities listed below
represent those that would provide the greatest level of hazard reduction to the
City. The City will continue to implement these goals as well as add new goals
through update of this Plan.
Planning Goals
Planning goals appropriate to the Floodplain Management Plan have been
adopted as part of the City of Clearwater's Comprehensive Plan.
Clearwater
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These community policies have been implemented, will be implemented, or are
ongoing, and are found in the Future Land Use, Coastal Management,
Conservation, Recreation and Open Space, Intergovernmental Coordination, and
Capital Improvement Elements, and the Stormwater Subelement. The evaluation
of these goals is an on-going process. A comprehensive review was conducted
in 2006 through the City's Evaluation and Appraisal Report (EAR) process.
Selected goals directly associated with the mitigation of flooding activities and the
protection of property from flood episodes are provided below.
A. Future Land Use Element
Policy 1.1.5 Stormwater shall be controlled through consistent application of
local, state, and federal regulations, mitigation and management plans, and
permitting procedures for both site-specific and basin-level development
plans.
Policy 1.1.6 All development and/or redevelopment activities in floodways and
floodplains shall be controlled through consistent application of local, state,
and federal regulations, mitigation and management plans, and the permitting
process.
Policy 1.1.7 New development or redevelopment in the Coastal High Hazard
Area shall be permitted consistent with F.E.M.A. and City Guidelines.
Policy 1.1.8 Mitigation plans for alteration of non-jurisdictional wetlands,
beach dunes, swamps, marshes, streams, creeks, one hundred (100) year
flood plains, or lakes shall require not less than a 1:1 ratio of mitigation land
(on- or off-site) as approved by the Engineering Department and/or City
Council, and in coordination with the Southwest Florida Water Management
District (SWFWMD).
Policy 1.1.9 The effects of erosion shall be carefully controlled through local
permitting and construction standards, procedures and regulations, and
through the development of local and regional erosion control management
programs.
Policy 1.1.10 The Community Development Code shall provide for on-site
drainage detention and/or retention or payment in lieu thereof for compatibility
with community master drainage plans.
1.2 Objective - Population densities in the coastal storm areas are restricted to
the maximum density allowed by the Countywide Future Land Use
Designation of the property, except for specific areas identified in Beach by
Design: A preliminary Design for Clearwater Beach and Design Guidelines, in
which case densities identified in Beach by Design shall govern. All
Clearwater
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densities in the coastal storm area and shall be consistent with the Pinellas
County Comprehensive Emergency Management Plan and the Regional
Hurricane Evacuation Study.
Policy 1.2.1 The City shall require new or redeveloped overnight
accommodations uses located within the City's coastal storm area to have a
hurricane evacuation plan, approved by the City, for all guests. This plan shall
require the commencement of evacuation of hotel guests as soon as a
hurricane watch is posted for the City.
Policy 1.2.2 Continue to cooperate with the Tampa Bay Regional Planning
Council and Pinellas County to meet the regional objectives for evacuation of
permanent populations as well as other emergency concerns.
Policy 2.2.2 Residential land uses shall be appropriately located on local and
minor collector streets; if appropriately buffered; they may be located on
major collector and arterial streets. Residential land uses shall be sited on
well-drained soils, in proximity to parks, schools, mass transit and other
neighborhood-serving land uses.
Policy 4.1.1 No new development or redevelopment will be permitted which
causes the level of City services (roads, recreation and open space, water,
sewage treatment, garbage collection, public school facilities, and drainage)
to fall below minimum acceptable levels. However, development orders may
be phased or otherwise modified consistent with provisions of the
concurrency management system to allow services to be upgraded
concurrently with the impacts of development.
B. Stormwater Management Subelement D.3 (See Appendix I for entire
Subelement D.3)
Policy D.3.2.3 All stormwater management improvements should seek to
meet applicable goals, guidelines, and regulations established to provide
flood protection and pollution abatement.
D.3.3 Objective Lower highwater profiles during storm events, as necessary,
to reduce house-flooding occurrences and to lessen the resulting adverse
effects on public health, the natural environment, and public and private
property.
Policy D.3.3.1 Continue to provide a program of regular maintenance to the
stormwater management system to ensure maximum efficiency and
performance. Ensure that stormwater management plans include measures
to remove trash, sedimentation and other debris which impede flow and
incorporate structural and non-structural measures to reduce or
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eliminate the discharge of oil, grease, heavy metals, and other suspended
particles into the stormwater management systems.
Policy D.3.3.2 Natural and man-made wetlands shall be considered as a
means to provide stormwater management wherever possible and shall be
maintained for hydrologic purposes. The efficiency of natural and man-made
systems to convey stormwater runoff shall be protected through the provision
of routine water quality maintenance schedules overseen by city inspections.
Policy D.3.3.3 Continue to provide multiple use facilities, such as
recreational open space uses, with open channel stormwater management
systems, when appropriate.
Policy D. 3.3.4 Development and redevelopment activities shall comply with
all stormwater management design standards and criteria.
Policy D. 3.3.5 Structural Development shall be prohibited where it is
determined that such development will have an adverse impact on
stormwater storage areas, increase flood prone areas, significantly increase
rates of runoff, or cause other unfavorable drainage conditions. Both man-
made and natural systems shall be treated on an equal basis as a sensitive
preservation area; no distinction shall be made between a natural system and
a man-made or man altered hydrologic system.
Policy D. 3.3.6 Limit development that will result in building(s) constructed
within/or over stormwater retention/detention ponds, streams or channels. All
wetlands, streams, channels, or other hydrologic features, whether wetlands,
ponds or bodies of water having intrinsic hydrologic, biologic and zoological
functions with no distinction made in regard to its status to whether it is man-
made or natural shall be considered for a Preservation Land Use Plan
classification to ensure protection from development.
Policy D.3.3.7 Continue active participation and cooperation with the
National Flood Insurance Program and the Florida Emergency Management
Agency for the purpose of recognizing flood prone areas, and establishing
abatement programs that endeavor toward a reduction in damages and
losses due to flooding.
Policy D.3.3.8 Continue the established requirement of a twenty-five foot
setback from the tops of a bank from all wetlands whether natural or man-
made, and require minimum finished floor elevations in areas adjacent to
lakes, bays, creeks, the Gulf of Mexico, Tampa Bay and Old Tampa Bay, and
other flood prone areas.
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D.3.4 Objective Continue the implementation of the most cost effective and
efficient plan to reduce the occurrence of street flooding where safety issues
and traffic problems exist as prioritized and set forth in the Capital
Improvement Element, and listed in the stormwater management plans.
Policy D.3.4.1 Identify areas where inadequate stormwater management
easements exist, and obtain proper access to stormwater management
channels, structures and appurtenances for maintenance purposes.
Policy D. 3.4.2 Improve all street stormwater management systems where
deficiencies exist as articulated in the City's annual budget document.
Policy D. 3.5 Objective - Protect and enhance the quality of receiving
waters by the use of "Best Management Practices" in accordance with the
adopted watershed management plans.
Policy D. 3.5.1 The use of "best management practices" shall be required
before, during, and after construction activities to prevent water pollution
resulting from erosion and siltation.
Policy D. 3.5.4 Maximize water recharge potential in designing stormwater
management improvements by utilizing natural wetland areas for stormwater
storage.
Policy D. 3.5.5 Coordinate stormwater management improvements with
other local governments to assist in solving stormwater management
problems of an extraterritorial nature.
D.4 GOAL - STORMWATER DISCHARGE SHALL BE MANAGED TO
PROVIDE FLOOD PROTECTION FOR THE CITIZENS OF THE CITY OF
CLEARWATER AND TO PRESERVE, PROTECT, AND ENHANCE THE
WATER QUALITY OF RECEIVING WATERBODIES.
D.4.1 Objective - The protection, restoration, and enhancement of water
quality associated with stormwater runoff will be considered a function of the
City's overall stormwater management plans.
Policy D.4.1.1 The City shall incorporate water quality protection and
enhancement criteria into the City stormwater management plans.
Policy D.4.1.2 The use of natural alternatives, the conservation of natural
stormwater management systems, and the protection and improvement of the
quality of receiving waters shall be a goal of the City's stormwater
management plans.
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Policy D.4.1.3 Management plans shall continue to be developed on an
ongoing basis for waterbodies with known or suspected water quality
problems in the City to include Tampa Bay, Clearwater Harbor, Stevenson
Creek, Allen's Creek, and Alligator Creek.
Policy D.4.1.4 The City shall systematically and timely prepare watershed
or waterbody specific management plans, and update them as necessary for
waterbodies within the City. Such plans shall include both water quality and
flood control considerations and recommended funding sources.
Policy D.4.1.5 The City shall implement all City-approved watershed
management plans.
Policy D.4.1.6 All City stormwater management plan projects within
watersheds of the City shall comply with applicable SWFWMD, State, and
Federal requirements, including SWIM Plans for that waterbody or watershed.
Policy D.4.1.7 The City shall continue to coordinate with and supplement
the County's surface water monitoring program.
C. Coastal Management Element
E. 1.1 Objective - Clearwater shall continue to protect beaches and dunes by
use of the State Coastal Construction Control Line as the building and land
alteration setback line for purposes of administering the Community
Development Code. The Florida Building Code, Federal Emergency
Management Agency (FEMA) regulations, and City coastal construction
regulations will continue to govern the structural integrity of new buildings.
1.2 Objective The coastal storm area shall be the area delineated in Map E-1
of the Coastal Management Element, which encompasses all of the following:
(1) the Coastal High Hazard Area (CHHA), which shall be defined by the sea,
Lake and Overland Surges from Hurricanes (SLOSH) model to be inundated
from a category one hurricane, as reflected in the most recent Regional
Evacuation Study, Storm Tide Atlas,
(2) all land connected to the mainland of Clearwater by bridges or causeways
(3) those isolated areas that are defined by the SLOSH model to be
inundated by a category two hurricane or above and that are surrounded by
the CHHA or by the CHHA and a body of water, and
(4) all land located within the Velocity Zone as designated by the Federal
Emergency Management Agency.
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The City shall direct permanent population concentrations away from the
coastal storm area consistent with the goals, objectives and policies of the
Clearwater Comprehensive Plan.
Policy E.1.2.2 Clearwater shall continue hazard mitigation by participation in
the National Flood Insurance Program's (NFIP) Community Rating System,
Pinellas County's Local Mitigation Strategy, administration of building and
rebuilding regulations consistent with City and FEMA regulations, prohibition
of beach sand dune alteration, and restriction of development in flood plains.
Policy E.1.2.3 The City will encourage natural hazard mitigation actions
recommended by any interagency hazard report that the City deems
appropriate.
Policy E.1.2.4 General hazard mitigation will be encouraged to include the
regulation of building practices, floodplains, beach and dune alteration,
stormwater management, sanitary sewer and septic tanks, and land use to
reduce the exposure of human life and public and private property to natural
hazards; and appropriate recommendation from the Pinellas County Local
Mitigation Strategy will be incorporated into the Clearwater Comprehensive
Plan.
Policy E.1.2.5 The City shall prohibit the location of new hospitals, nursing
homes and assisted living facilities in the Coastal Storm Area and the area
inundated by a category 2 hurricane as depicted by the SLOSH model, as
reflected in the most recent Regional Evacuation Study, Storm Tide Atlas.
Policy E.1.6.1 Redevelopment proposals and plans shall be reviewed for
compliance with the goals, objectives and policies of the Comprehensive Plan
and other appropriate plans including Beach by Design: A Preliminary Design
for Clearwater Beach and Design Guidelines and the City's NFIP Community
Rating System Floodplain Management Plan.
Policy E.2.1 Objective - The City shall continue to protect coastal wetlands,
estuaries and wildlife habitats to maintain or increase the acreage for
threatened and endangered species populations.
Policy E.2.1.1 Restoration and enhancement of disturbed or degraded
estuaries identified by the Surface Water Improvement and Management
(SWIM) program shall be accomplished by strict regulation of proposed
impacts to wetlands and by controls on the operation and installation of
marinas and other water-dependent uses.
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Policy E.2.1.2 Development applications shall be reviewed to ensure that
proposed new development or redevelopment will not encroach on or remove
wetlands or beaches. New development and redevelopment shall be guided
away from environmentally sensitive areas and into those most able to
withstand impacts.
Policy E.2.1.3 Marina siting criteria shall restrict marinas and related activities
from areas of environmental significance, which include but are not limited to
the north end of Clearwater Beach, grass beds in Clearwater Harbor,
Cooper's Point, and Clearwater Harbor Spoil Islands 25, Sand Key Park, and
the southern edge of Alligator Lake. Marinas shall only be allowed in these
areas with appropriate and approved mitigation.
Policy E.2.1.4 The City shall work toward reducing the existing quantity and
improving the quality of stormwater runoff to estuarine and surface water
bodies by ensuring that development and redevelopment adheres to the
treatment standards set forth in State Water Policy, and complies with the
retention and treatment requirements of Chapter 62-25 F.A.C., the
Environmental Resource Permitting Rules 40D-4, 40D-40, 40D-400, F.A.C. of
the Southwest Florida Water Management District (SWFWMD) and with any
more stringent local regulations.
Policy E.2.1.5 The City shall proactively pursue and facilitate coordination and
participation in the implementation of the Tampa Bay Estuary Comprehensive
Conservation and Management Plan (CCMP), and related plans, as a means
of achieving mutual local and regional resource management and restoration
goals for Tampa Bay.
Policy E.2.1.6 The City shall permit passive recreation uses in appropriate
coastal areas as identified in the Future Land Use Element of the
Comprehensive Plan.
Policy E.2.1.7 The City shall coordinate with Pinellas County and other local
governments for water quality monitoring and related program planning.
Policy E.2.1.8 Future land uses which are incompatible with the protection
and conservation of wetlands and wetland functions shall be directed away
from wetlands.
Policy E.2.1.9 The type, intensity or density, extent, distribution and location
of allowable land uses and the types, values, functions, sizes, conditions and
locations of wetlands are land use factors, which shall be considered when
directing incompatible land use away from wetlands.
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Policy E.2.1.10 Land uses shall be distributed in a manner that minimizes the
effect and impact on wetlands. The protection and conservation of wetlands
by the direction of incompatible land uses away from wetlands shall occur in
combination with other goals, objectives and policies in the comprehensive
plan. Where incompatible land uses are allowed to occur, mitigation shall be
considered as one means to compensate for loss of wetlands functions.
Policy E.2.2 Objective - Clearwater's barrier islands include natural resources
which shall be preserved from encroachment and development.
Policy E.2.2.1 Restoration and enhancement of disturbed or degraded dune
and beach areas shall be implemented with the appropriate methods and
quality of material necessary to enable successful reestablishment.
Policy E.2.2.2 The specific and cumulative impacts of development and
redevelopment upon wetlands, water quality, water quantity, wildlife habitat,
and beach and dune systems shall be limited by: strict maintenance of
existing setback requirements, adherence to storm water detention
requirements, retaining all publicly owned natural habitats in their
undeveloped state and transfer of development rights.
Policy E.2.3 Objective - Clearwater Harbor and Tampa Bay are designated
Outstanding Florida Waters and are under a non-degradation rule. Clearwater
will continue to manage stormwater runoff and control erosion during
construction to reduce waterborne sediments. As additional initiatives are
approved under the SWIM program, they will be considered for inclusion in
the Community Development Code.
Policy E.2.3.1 Restoration and enhancement of disturbed or degraded
drainage systems shall be implemented by upstream detention of stormwater,
maintenance of existing drainage channels, widening of bridges, culverts and
other stormwater conveyance structures.
Policy E.2.4 Objective - Clearwater shall seek funding and approval to
renourish eroded beaches on Sand Key and Clearwater Beach when
necessary. Restored beach areas shall be considered public resources
seaward of construction setback lines and shall not be counted as plan
density or buildable lot area.
Policy E.2.4.1 The City shall seek State funding and approval to enable beach
renourishment when necessary.
Policy E.3.1 Objective - Clearwater shall administer land development
regulations to protect public and private property and human life from the
effects of hurricane winds and flooding.
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Policy E.3.1.1 The City shall grant building permits in compliance with the
rules of FEMA.
Policy E.3.1.2 Post-disaster redevelopment plans of coastal areas shall be
designed to reduce the vulnerability of public and private property and include
proper elevations.
Policy E.3.2.2 The City shall develop operating policies that address post-
disaster redevelopment needs to facilitate permissible reconstruction in a
timely manner, which includes participating in the Pinellas County Local
Mitigation Strategy
Policy E.3.3.9 The City shall not amend the Future Land Use Plan map or
Zoning Atlas to permit any mobile home parks to be located within the coastal
storm area.
Policy E.4.1.2 To the maximum extent feasible, sanitary sewer facilities and
lift stations shall be built to resist the infiltration by floodwaters. The hazard
mitigation annex, which covers the wastewater treatment system, shall be
followed in the event of a storm; and hazard mitigation plans shall be updated
as necessary.
Policy E.4.1.3 Immediate repair and clean-up actions after a storm shall be
limited to removal of debris, and repair of existing primary structures to allow
re-occupancy (repairs to allow re-occupancy shall be considered when
damage is limited to less than fifty percent (50%) of the value of the structure
prior to damage). Long-term repair and redevelopment shall consist of
upgrading structures and accessory facilities to expand habitable space or
repair of greater than fifty percent (50%) of the value of the structure prior to
damage. Post-disaster redevelopment and long-term repair can only be
permitted consistent with the requirements of FEMA and the Florida Statutes.
Policy E.4.1.4 Damaged infrastructure shall be repaired or rebuilt to minimize
the potential for future damage. Unless the facility is necessary to serve the
population of the coastal storm area, consideration shall be given to
relocating public facilities outside the coastal storm area.
Policy E.4.1.6 Repair and rebuilding of critical facilities such as water
facilities, sewage treatment plants and lift stations, and other utilities
damaged in future storms shall be reconstructed to minimize hurricane
vulnerability.
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D. Conservation Element
F.1.2 Objective - The City shall continue to protect floodplains, drainage
ways, and all other natural areas having functional hydrological
characteristics.
Policy F.1.2.1 Any construction in the one hundred (100) year floodplain shall
comply with all requirements and standards of the Federal Emergency
Management Agency of the Federal Flood Insurance Administration, and the
City's building codes.
Policy F.1.2.2 Construction and development activities in natural drainage
channels shall be prohibited, except for public flood protection projects
designed to correct specifically identified pre-existing flood conditions and for
which no reasonable alternative flood control measures are available; such
activities shall not increase the flood potential for areas outside the project
target area, nor shall the overall water quality of the affected drainage
channels be reduced as a result of the activities.
Policy F.1.2.3 The City shall support the establishment of Total Maximum
Daily Loads (TMDL) for impaired water and its implementation as appropriate
within the City.
Policy F.1.2.4 Utilize design methods that will trap stormwater sediments
before entering surface waters.
Policy F. 1.2.5 Cooperate and coordinate activities with the Southwest Florida
Water Management District (SWFWMD) and the Florida Department of
Environmental Protection (FDEP) in the implementation of the Surface Water
Improvement and Management (SWIM) Program including maintaining and
upgrading the quality of water of Tampa Bay and Clearwater Harbor.
Policy F.1.2.6 Natural filtration techniques and methods such as grassy
swales and natural wetland water storage should be implemented when
appropriate to provide purification of stormwater runoff before entering any
surface waters.
Policy F.1.2.7 Transfer of development rights should be implemented to
provide alternatives to development and degradation of wetlands and other
natural resources.
Policy F.1.2.8 Protect all natural drainage channels from destruction or any
restriction of their functional use and regulate protection through the
Clearwater Community Development Code: this policy may be waived for any
public flood conditions when it can be demonstrated that: (a) No
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reasonable alternative flood control measures are available; (b) The project
will not increase the flood potential for areas outside the project target area;
and (c) Overall water quality of the affected drainage channel will not be
reduced as a result of the project
Policy F.1.2.9 Design and approve future redevelopment of Clearwater's
downtown waterfront with consideration of the natural bluff features through
the Future Land Use Plan, the Community Development Code, Clearwater
Downtown Redevelopment Plan, and in accordance with the City Charter.
Policy F.1.2.10 Monitor and enforce City requirements for treatment ponds
and environmental mitigation sites.
Policy F. 1. 8.9 Pesticide dealers, auto paint and repair shops, salvage yards,
and other small quantity generators of hazardous waste identified as per
Florida State Law shall provide storage of hazardous products and by
products outside of the elevation of the 25-year flood plain, shall not cause
the direct discharge of runoff from said storage areas into water of the State,
and shall have containment/separation traps of adequate size to prevent any
discharge in case of a spill or accident.
F.2 GOAL - DISCHARGES OF STORMWATER SHALL BE MANAGED TO
PROVIDE FLOOD PROTECTION FOR THE CITIZENS OF THE CITY OF
CLEARWATER AND TO PRESERVE, PROTECT, AND ENHANCE THE
WATER QUALITY OF RECEIVING WATERBODIES.
F.2.1 Objective - The City shall continue to protect, improve and enhance
surface waters from stormwater runoff discharging into both interior and
coastal surface waters.
Policy F.2.1.1 The City shall incorporate water quality protection and
enhancement criteria into all City stormwater management plans.
Policy F.2.1.2 The use of natural alternatives, the conservation of natural
drainage systems, and the protection and improvement of the quality of
receiving waters shall be a goal of the City stormwater management plans.
Policy F.2.1.3 A stormwater utility fee or other adequate funding mechanism
shall be continued to provide the necessary funding mechanism to achieve
this goal.
Policy F.2.1.4 The City shall continue to implement a stormwater ordinance
requiring redeveloped sites other than single-family residential areas, to
incorporate water quantity and quality controls consistent with new
development regulations, recognizing that case-by-case limitations
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may call for partial controls, offsite improvements or payments in lieu of
improvements to achieve this goal.
Policy F.2.1.5 Management plans shall be developed for waterbodies with
known or suspected water quality problems in the City to include Tampa Bay,
Clearwater Harbor, Stevenson Creek, Allen's Creek, and Alligator Creek.
Policy F.2.1.6 The City shall systematically and timely prepare and update
watershed or waterbody specific management plans in accordance with the
Surface Water Improvement and Management (SWIM) program. These plans
shall include both water quality and flood control considerations and
recommended funding sources.
Policy F.2.1.7 The City shall prioritize and implement all City approved
stormwater management plans.
Policy F.2.1.8 All City stormwater management plan projects within
watersheds of the City shall comply with applicable SWIM Plans for that
waterbody or watershed.
Policy F.2.1.9 The City shall coordinate with and supplement the County's
surface water monitoring program.
Policy F.2.1.10 The City will encourage the use of "Low Impact Development"
techniques for stormwater management, such as minimal land disturbance,
the preservation of native vegetation, and the minimization of impervious
cover, through site plan and internal review processes.
E. Recreation and Open Space Element
Policy G 1.4.4 Preserve coastal and interior wetlands, floodways, floodplains
and other environmentally significant areas to protect their aesthetic and
environmental qualities which benefit the City.
Policy G 1.4.8 Coordinate recreation planning with other plans concerning
water quality, stormwater management, fish and wildlife management, and
environmental education.
F. Intergovernmental Coordination Element
2.6 Objective Clearwater shall participate on a technical and a policy level in
the preparation, planning, funding, coordination, and implementation of a
master stormwater management plan with other governmental
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entities, SWFWMD, State Department of Environmental Protection (DEP) and
other affected parties.
Policy H 2.6.1 The Public Works Department shall continue to coordinate and
oversee preparation of stormwater management plans.
Policy H 2.6.2 Clearwater shall participate in inter local agreements to
implement and fund stormwater management plan improvements.
Policy H 2.6.3 The Engineering Department shall prepare, monitor, and
update watershed plans and coordinate with other jurisdictions.
2.7 Objective Clearwater shall coordinate with Pinellas County's Department
of Environmental Management and with the Department of Environmental
Protection to upgrade and maintain air quality.
Policy H 2.7.2 Clearwater shall continue and seek to expand, as necessary,
joint use agreements for recreational facilities with the Pinellas County School
Board and other recreation facility providers.
G. Capital Improvements Element
/ 1.2 Objective Management of Clearwater's coastal zone shall limit public
expenditures to those necessary to serve existing and planned development.
Policy 1.2.1 City infrastructure located in coastal high hazard areas shall be
given first priority in receiving renourishment projects, necessary
maintenance, and repair and replacement projects; the coastal high hazard
area is determined to be evacuation level "A" zone for a Category 1 hurricane
as delineated by Pinellas County and the Tampa Bay Regional Planning
Council.
Policy 1.2.2 Damaged infrastructure shall be replaced or rebuilt to minimize
the potential for future damage. Unless the facility is necessary to serve the
population of the coastal zone, consideration shall be given to relocating
public facilities outside the coastal zone.
Policy 1.2.3 Infrastructure damage in coastal high hazard areas during
previous storms was limited to beach and water-dependent uses. Repairs and
rebuilding of sewage treatment plants and lift stations damaged in future
storms shall be conducted with such methods to minimize hurricane
vulnerability.
Policy 1.2.4 The following infrastructure improvements shall be specifically
considered as part of the local coastal zone management element for
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purposes of consistency with applicable State law: expansion/rebuilding of
Memorial Causeway Bridge and addition of turn lanes; expansion of public
park and beach access facilities; beach renourishment, and addition of
sanitary sewer and street drainage capacities, as needed, to implement water
quality objectives. These improvements are consistent with the local coastal
zone management element and are eligible for State funds, which are now or
may become available.
Policy 1.2.5 Level of service standards will not be the exclusive determinant of
the need for a capital improvement in the coastal high hazard area when a
repair, remodeling, renovation or replacement of an obsolete or worn out
facility, as determined by the City Manager and City Commission, is
necessary or when capital improvements are provided in excess of the
standards adopted in this Plan based upon the following criteria:
1. The capital improvement does not make financially infeasible any capital
improvement of the same type that is needed to achieve or maintain the
standards for levels of service adopted in this Plan; and
2. The capital improvement does not contradict, limit or substantially change
the goals, objectives and policies of any element of this Plan; and
3. The excess capacity is an integral part of a capital improvement that is
needed to achieve or maintain standards for levels of service; or
4. The excess capacity provides economies of scale making it less
expensive than a comparable amount of capacity if acquired at a later
date; or
5. The asset acquired is land that is environmentally sensitive or designated
by the City as necessary for conservation, recreation or protection of
coastal high hazard areas; or
6. The excess capacity is part of a capital project financed by general
obligation bonds approved by referendum.
Preventive Activities
Preventive activities keep flood problems from getting worse by regulating land
use and development through planning, land acquisition and/or regulation.
Project A.1 The City will continue to participate in the Pinellas County Local
Mitigation Strategy.
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Project A.2 The City will assist the Tampa Bay Regional Planning Council and
Pinellas County with Project Impact implementation such as providing
property information data, and other general support activities. Project Impact
is the FEMA mitigation initiative to reduce local vulnerability to natural
disasters.
Project A.3 As part of the 2007 EAR-based amendments, the Planning
Department will research amending the Comprehensive Plan to prohibit new
construction of hospitals, nursing homes and convalescent homes in the
Coastal High Hazard Area. - Completed
Project A.4 As part of the 2007 EAR-based amendments, the Planning
Department will research amending the Comprehensive Plan to prohibit the
siting of new mobile home parks within the Coastal High Hazard Area. -
Completed
Project A.5 The City will pursue the acquisition of land that has a history of
flooding and is an important component to alleviate localized flooding and
flooding in other areas of the City.
Project A.6 The City will continue to support implementation of the Tampa
Bay Estuary Program's Comprehensive Conservation and Management Plan
for Tampa Bay through its projects and activities.
Project A.7 As part of the CRS program requirements, the Floodplain
Management Planning Committee will conduct a yearly evaluation of the
goals and activities of the Floodplain Management Plan.
Property Protection
Property Protection activities are usually undertaken by property owners on a
building by- building or parcel basis and are intended to alleviate the damage
inflicted by episodes of flooding.
Project B.1 The City will continue to participate in the FEMA Project Impact
program to help reduce the impacts of natural disasters.
Project B.2 The City will continue to provide "Substantial Improvement"
information to property owners in the floodplain (Appendix J). This information
will be updated to reflect changes in regulations as necessary.
Project B.3 The Development Services Department will continue to offer the
public information regarding residential flood protection construction methods.
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Project B.4 The Engineering Department will assist homeowners in obtaining
flood mitigation grants through the Florida Department of Community Affairs.
These grants are available on an annual basis and are given priority to
repetitive loss properties.
Project B.5 The City will continue to utilize the flood complaint handling
process to better address flood issues (Appendix H).
Project B.6 The City shall assist residents in preparing FEMA Flood Mitigation
Assistance (FMA) Grants that offer funding for the elevation and
demolition/rebuild of properties that have been damaged by flooding in the
past.
Natural Resource Protection
Natural resource protection activities preserve or restore natural areas or the
natural functions of floodplain and watershed areas.
Project C.1 The Parks and Recreation Department will continue to maintain,
protect and manage natural areas that are under the city jurisdiction as open
space and preservation parks.
Project C.2 The City will designate a representative to field concerns
regarding dune reconfiguration or construction. This representative will
coordinate directly with the region's State DEP agent to facilitate the reporting
of any prohibited actions.
Project C.3 The City will continue to pursue the creation and enhancement of
wetlands that provide compensation for future unavoidable City-incurred
wetland impacts from roadway improvements, drainage improvements and
public utility expansions.
Project C.4 The City will continue to provide support to the U.S. Army Corps
of Engineers (USACOE) for the design and implementation of Stevenson
Creek Estuary Restoration Project.
Project C.5 The Stevenson Creek Watershed Management Plan will continue
to be updated as recommended projects are implemented.
Emergency Services
Emergency Services are post-disaster mitigation measures taken during and
after flooding that helps minimize the negative impact on resident's well-being
and property.
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Project D.1 The Emergency Management office will work in conjunction with
other City departments and Pinellas County Emergency Management to
update the City's Emergency Operation Plan as needed.
Public Information
Public Information activities advise property owners and residents about the
hazards of the floodplain through several means of advertisement and
information dissemination.
Project E.1 The City will utilize C-VIEW TV, the City of Clearwater television
station, to provide flood mitigation information and hurricane preparedness
information to the public.
Project E.2 The City will continue to provide flood mitigation information to
residents through various City publications and advertisements. These
information mailings will be targeted to repetitive loss properties.
Project E.3 The City will continue to work with neighborhoods experiencing
flooding to provide flood mitigation and procedures information.
Project E.4 The Clearwater Library
Development Services Department
information available to the public.
system, Engineering Department and
will continue to make floodplain
Project E.5 The City will provide information as necessary to the various
hurricane guides regarding flood safety information.
Project E.6 The City will provide information as necessary to Verizon that
provides natural hazard information including flood procedures in the
telephone book.
Project E.7 The City will provide additional flood information on the City's
Website at myclearwater.com.
Project E.8 The City will submit an application for certification as a National
Weather Service StormReady City. - Pinellas County is StormReady
Stormwater Management Projects
Stormwater Management Projects are capital improvement projects constructed
to reduce flooding potential, enhance drainage and improve
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stormwater quality. The CISMC, comprised of City staff develops and maintains
a master list of improvements.
This list is available in the Implementation of Mitigation Measures section of this
document. The following is a list of CISMC projects that will be overseen, or
continue to be overseen by the Engineering Department.
Project G.1 Lake Bellevue Stormwater Management Project
The Lake Bellevue Stormwater Management Project consists of the
expansion of Lake Bellevue to provide additional flood storage capacity and
littoral zone for water quality improvements, within the Stevenson's Creek
Watershed. The expansion requires the excavation of an area of
approximately 8 acres of unutilized areas of Ed Wright Park and Ross Norton
Park. This project includes modification of the lake outfall structure to control
the 100-year flood discharge, elevating the eastern 400 feet of Dempsey
Street, and construction of a low berm through a portion of the park.
Completion of this project is expected to remove 17 dwelling units from the
100-year flood zone.
This design cost for this project was $266,717 and construction costs are
estimated at 1.6 M. The Southwest Florida Water Management is funding
$348,871 of the construction costs and FDEP is funding $366,624 of the
construction costs.
The construction contract was awarded to Caladesi Construction
Company on April 15, 2009, in the amount of $ 1,662,525. Construction
began in May 2009 with completion in 2010.
Project G.2 Spring Branch Stormwater Improvements
The improvements will consist of widening approximately 700 feet of the
Spring Branch Channel of Stevenson's Creek downstream of King's Highway
and constructing of a stormwater retention treatment pond. The total area of
the pond will be approximately 2.5 acres and will require acquisition of a 4-
acre parcel from the Sunset Point Baptist Church. This project will reduce the
100 year flood plain, stabilize the conveyance features, provide treatment and
attenuate the runoff in this area of the watershed.
The design and construction estimate of this project is $2,500,00. Design of
this project is ongoing with construction anticipated to commence in October
2009 with completion in 2010. The Southwest Florida Water Management
Clearwater
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District and FDEP are cooperatively funding the land acquisition, design and
construction of this project.
Project G.3 Stevenson Creek Estuary Restoration Project
This project will involve the dredging of approximately 196,000 cubic yards of
sediments from the Stevenson's Creek estuary, removal of exotic vegetation
and replanting of native vegetation. The project components will restore
habitat, reduce odors associated with the organic muck, improve area
aesthetics, restore dissolved oxygen levels, increase the channel cross
sections, reduce potential flooding and help reestablish the estuary tidal flow
and food chain base.
The total project cost is estimated at $7,360,987. The USACOE is the lead
agency on this project. The Corp will manage this project and fund 65
percent of the project costs. The City will be responsible for the remaining 35
percent of the project cost.
The contract was awarded in 2009. Construction is scheduled to begin in
2009 and is expected to be complete in 2010.
Project G.4 Tropic Hills Phase I, II, III
Tropic Hills is located within in the Coastal Basin 2 watershed. Tropic Hills
Drainage Improvements Project consists of 3 phases:
Phase I consists of the rehabilitation of an existing outfall channel serving
250-acre drainage basin. The proposed rehabilitation activities including
construction of a gabion wall system for stabilization of the north bank,
installation of the gabion mattress on the bottom of the channel to minimize
scour, and replacement of the existing failing seawall along the south side of
the channel. The design and construction estimate of phase I is $2,500,000.
The project is cooperatively funded by the SWFWMD, SWIM Section and the
City of Clearwater. The City anticipates the construction to start in 2009 with
completion in 2010.
Phase II consists of replacing the 2 undersized 36" pipes under U.S. 19 with a
4'x10' box culvert during the reconstruction from SR 60 to Harn Blvd. The
estimate costs for this phase is $1,114,000 and construction starts in August
2009 and complete by 2012.
Phase III consists of replacing 900' undersized pipe that is upstream of phase
II. The design and construction estimate of this phase is $2,500,000.
Clearwater
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The City anticipates the construction to start by 2012 and complete by 2013.
When all three phases of the project are complete, the Tropic Hills
neighborhood will have an outfall that reduces the risk of houses and streets
flooding.
Project G.5 Alligator Creek Channel F Improvements
The project includes construction to improve drainage of Alligator Creek
Channel F from Old Coachman Road to approximately 1500 feet upstream.
The work involves realigning approximately 850 feet of channel to the
historical flow path within the City's public utility easement, reinforcing and
stabilizing the channel through the installation of approximately 1800 feet of
gabion structures, replacing existing culverts under Old Coachman Road and
Wetherington Road and reconstructing and paving the disturbed areas of Old
Coachman Road and Wetherington Road.
The Contract was awarded to Keystone Excavators, Inc. in the amount of
$1,432,233. Construction will begin in September 2009 and will be complete
in 2010.
Project G.6 Kipling Plaza Lift Station
This project consists of the rehabilitation of the stormwater pump station at
Kipling Plaza on north Clearwater Beach in the Coastal Basin Beach
watershed. This project will be completed in 2010 at an estimated cost of
$100,000.
Project G.7 Myrtle Ave/ Seminole Street Northeast Outfall System
This project consists of replacing 900 linear feet of aging corrugated storm
pipe, within the Stevenson's Creek watershed. The present pipe
runs diagonally through the area from Seminole and Vine to Palmetto and
MLK. The proposed project will relocate the pipe out of backyards where
there is no easement and into the adjacent city right of ways.
The estimate for this project is approximately $1,500,000. Construction is
anticipated to begin in 2011.
Project G.8 Beachwalk Water Quality Spencer Pond
Clearwater
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The City purchased two adjacent properties on Spencer Avenue that are
approximately 1/3 of an acre total. Two additional property adjacent to
Spencer Avenue was purchased that consists of approximately '/2 of an acre.
A proposed pond will be constructed on the combined properties that will
supply most of the water quality treatment benefits required for the Beachwalk
project.
The neighborhood will directly benefit from a stormwater retention pond at the
lowest point of the basin. It will also remove two properties from FEMA's
repetitive loss list and reduce the risk of flooding to adjacent flood prone
properties. The removal of properties from the repetitive loss list will help the
City to reduce flood insurance costs through FEMA's Community Rating
System (CRS).
The estimated cost of the project is $160,000. Construction of the pond is
expected to start in 2010 and be complete in 2011.
Project G.9 Allen Creek
The project consists of channel improvements to Allen's Creek between
Magnolia Avenue and Sandra Drive. It includes two concrete check dams,
approximately 2,000 feet of bank stabilization by installing gabions on each
side of the creek and grading the creek banks above the gabions at a gradual
slope to blend with surrounding topography.
Pinellas County approached the City to partner with them and Southwest
Florida Water Management District (SWFWMD) for the design and
construction of this project. The County was the lead on the project and will
handle design and construction management. The engineers estimate for
this project was $1,651,500.00.
The County received bids on March 5, 2009. The County awarded the
construction contract to Kamminga & Roodvoets, Inc. in the amount of
$895,690.00 in June 2009. Construction will start in September 2009 and be
complete within 270 days.
Project GA0 Alligator Creek Watershed Plan Update
This is a project to perform the 1) Topographic Information, 2) Watershed
Evaluation, and 3) Watershed Management Plan elements of the District's
Watershed Management Program (WMP) for the Alligator Creek Watershed
(ACWMP). The watershed covers an area of approximately 9 square miles
and is located in Clearwater, and Pinellas County. The District and the City
Clearwater
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cooperatively funded the 1997 ACWMP and many of the recommended
projects.
The revisions to the ACWMP will include developing projects to reduce
flooding, increase water quality and improving natural systems. The revised
model will be in a District approved format that can be imported into newer
versions as software progresses. In addition the information from
implemented projects will be included, existing data will be verified, the
modeling data will be formatted to District Standards and the FEMA maps will
be revised to reflect the existing conditions flooding risk. The City of
Clearwater is requesting that the Pinellas-Anclote River Basin Board provide
$300,000 from its fiscal year FY2009 budget for the revision to the ACWMP.
Project G.11 Stevenson Creek Watershed Plan Update
This is a project to perform the 1) Topographic Information, 2) Watershed
Evaluation, and 3) Watershed Management Plan elements of the District's
Watershed Management Program (WMP) for the Stevenson Creek
Watershed. The watershed covers an area of approximately 6,286 acres and
is located in Pinellas County. Of the 6,286 acres, 4,057 acres (65 percent)
are within the limits of the City of Clearwater. The remaining 35 percent of
the watershed are within the City of Dunedin (1,287 acres or 20%),
unincorporated Pinellas County (859 acres or 14%) and the City of Largo (83
acres or about 1 %).
The District and the City cooperatively funded the Stevenson Creek
Watershed Management Plan (SCWMP) Federal Emergency Management
Agency (FEMA) Map Revision Data Report in October 2001 and many of the
recommended projects.
The revisions to the SCWMP will include developing projects to reduce
flooding, increase water quality and improving natural systems. The revised
model will be in a District approved format that can be imported into newer
versions as software progresses. In addition, the information from
implemented projects will be included, existing data will be verified, the
modeling data will be formatted to District Standards, and the FEMA maps will
be revised to reflect the existing conditions flooding risk. The City of
Clearwater is requesting that the Pinellas-Anclote River Basin Board provide
$375,000 from its fiscal year FY2009 budget for the revision to the SCWMP
Implementation of Mitigation Activities
Clearwater
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City of Clearwater
Floodplain Management Plan
The City of Clearwater Engineering and Public Service Departments are the
main entities in charge of implementing and managing the projects and
activities that mitigate the effects of flooding. The work force is comprised of
40 staff members that are separated into two divisions. The Engineering
Stormwater Management Division consists of eight employees and is
responsible for project planning, project prioritization, project design,
regulatory compliance and private development plan review. The Public
Services Department consists of 32 employees and is responsible for street
sweeping, pond and ditch maintenance, storm collection maintenance and
repair and infrastructure inspection. The Engineering Stormwater
Management Division has an annual operating budget of approximately $1.3
million and manages approximately $8 million per year in capital improvement
projects.
The City created the Capital Improvement Stormwater Management
Committee (CISMC). The CISMC, comprised of City representatives from the
Engineering and Public Service Departments, regularly convenes to discuss
various issues related to stormwater policy and to address any deficiencies in
the City's Stormwater Management system.
Appendix K contains the list of projects identified by the CISMC. The list
provides the priority of the project established by the committee, with 1.0
being the highest priority; the Engineering Department staff member selected
as project manager; the project classification type; project location; location's
problem; total cost of project; and the project status. In addition to existing
projects, this list also provides the projects that have been completed since
the last floodplain document was approved. As all of the stormwater
management projects listed are approved capital improvement projects,
funding has already been identified by City Council.
The following table provides an implementation schedule for the activities
identified through this Plan. The table includes the project name and
reference number provided in the "Identification and Analysis of Mitigation
Measures" section; the department responsible for implementing the activity;
a timetable for completion; and the current priority of the activity. All of these
projects will be funded through the operating budget of the identified
department. Capital improvements to the City's Stormwater management
systems identified are included in the above table and will not be repeated.
Activitv nenartment Timetnhle Priarity
Preventive
1. Participate in the Pinellas County Local
Mitigation Strategy Planning and
Engineering
Annually
Hi h
Clearwater
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2. Assist with FEMA's Project Impact Program Planning and
Engineering
Ongoing
High
3. Pursue the acquisition of flood prone land Engineering Ongoing Low
4. Support implementation of TBEP's CCMP Engineering Ongoing High
5. Re-evaluate the goals and activities of the Floodplain
Management Plan
City wide
Annually
High
Property Protection
1. Assist with Project Impact homeowner's mitigation
rant program
Engineering
Ongoing
High
2. Provide substantial improvement information Development
Services
Ongoing
Medium
3. Provide flood proofing information Development
Services
Ongoing
Medium
4. Maintain flood complaint handling process Engineering Ongoing Low
Natural Resource Protection
1. Maintain, protect and manage the City's natural areas Park and Recreation Ongoing Medium
Activity Department Timetable Priority
2. Continue support of the USACOE's Stevenson Creek
Estuary Restoration Project
Engineering
Ongoing
Low
3. Updates to the Stevenson Creek Watershed
Management Plan
Engineering
Ongoing
Medium
Emerge eServices
1. Update the Emergency Operations Plan City wide Ongoing High
Public Information
1. Utilize C-View to provide information Public Relations Ongoing Medium
2. Flood information in City publication and
advertisements
Public Relations
Annually
Medium
3. Continued coordination with flood prone
neighborhoods
City wide
Annually
High
4. Distribute updated information to Library Engineering and
Building
As Needed
High
5. Provide information to disaster guides Public Relations and
Engineering
As Needed
Medium
6. Coordinate information with Verizon Public Relations As Needed Low
7. Provide additional flood information on website IT, Engineering and
Public Relations
Ongoing
High
High priority activities identified though the implementation schedule that are not
currently in affect, will be implemented using the operating budget of the
identified City department. Any goals and activities not immediately implemented
will be re-evaluated during the annual evaluation of the Plan.
SECTION 5.0 PLAN MAINTENANCE
Clearwater
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Monitoring, Evaluating and Updating the Plan
In 2009, the City created a Floodplain Management Planning Committee (FMPC)
to review and update the floodplain management activities identified in the Plan.
The FMPC was formed to complete this 2009 update and will continue to be
responsible for the review and implementation of the Plan. The FMPC consists
of the CRS coordinator, representatives from Engineering, Planning, and Public
Service Departments.
The FMPC will be responsible for organizing the annual meeting. The meeting
will be held in June of each year and committee members will be responsible for
monitoring and evaluating the progress of the mitigation strategies in the Plan.
The City will review each goal and objective to determine their relevance to
changing situations in the City, as well as changes in County, State or Federal
policy to ensure that the Plan addresses current and expected conditions. The
committee will also review the risk assessment portion of the Plan to determine if
this information should be updated or modified. The parties responsible for the
various implementation actions will report on the status of their projects and will
include reports on which processes worked well, any difficulties encountered,
how coordination efforts were proceeding and which strategies should be
revised.
The FMPC will then have three months to update and modify the Plan before
submitting it to the CRS Coordinator. If no changes are necessary, the CRS
Coordinator will be given a justification for this determination. Updates will be
provided with the annual CRS re-certification.
Implementation through Existing Programs
The City of Clearwater currently utilizes comprehensive land use planning,
capital improvements planning and building codes to guide and regulate
development in the City. After the adoption of the Floodplain Management Plan,
the City will use this document to continue to address flood hazards in its
Comprehensive Plan and land use regulations. The City's Planning and
Development Department will conduct periodic reviews of the Comprehensive
Plan and land use policies, analyze any plan amendments and implement these
requirements. The capital improvement planning that occurs in the future will
also contribute to the goals of the Floodplain Management Plan.
The City's Planning and Development Department is responsible for
administering the building code throughout the City. After the adoption of the
Floodplain Management Plan Update, the Planning and Development
Department will work with the State Building Code Office to ensure
Clearwater
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that the City enforces the new building code. This is to ensure that all new
construction in the City meets the identified requirements to limit the effects of
flooding.
The Engineering Department is responsible for project planning, project
prioritization, project design, regulatory compliance and private development plan
review. The FMPC and the CISMC are comprised of City representatives from
the Engineering and Public Service Departments. These committees will
continue to discuss issues related to stormwater policy and address any
deficiencies in the City's Stormwater Management system.
Copies of the City's Floodplain Management Plan will be catalogued and kept on
hand at all branches of the City's public library. The existence and location of
these copies will be publicized. In addition, copies of the Plan and any proposed
changes will be posted on the City's Government website. This site will also
contain contact information and direction on where to submit comments or
concerns. The annual review meeting of the FMPC will be publicized in the
newspaper and will be open to the public. The meeting will provide the public a
forum for which they can express concerns, opinions or ideas about the Plan.
The Engineering Department will publicize, host and mediate this meeting.
Clearwater
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References
"Alligator Creek Watershed Management Plan", City of Clearwater, July 1999, &
Update 2005
"Clearwater Comprehensive Plan", City of Clearwater, July 2001.
"CRS Coordinator's Manual", Federal Emergency Management Agency, National
Flood Insurance Program, Community Rating System, February 2002.
"Erosion and Siltation Control Policy", City of Clearwater, April 2003.
"Example Plans", Federal Emergency Management Agency, National Flood
Insurance Program, Community Rating System, March 2003.
"Flood Insurance Rate Maps, City of Clearwater, Community Number 125096",
Federal Emergency Management Agency, National Flood Insurance Program,
October 2003.
"Flood Insurance Study, City of Clearwater", Federal Emergency Management
Agency, August 1991.
"Floodplain Management Plan", City of Clearwater, September 2001.
"Pinellas County Local Mitigation Strategy", Tampa Bay Regional Planning
Council, December 2003.
"The Local Mitigation Strategy. A Guidebook for Cities and Counties", Florida
Department of Community Affairs, January 1999.
"NO ADVERSE IMPACT.- A Toolkit For Common Sense Floodplain
Management", Association of State Floodplain Managers, September 2003.
"Repetitive Loss Detail by Community Report", Federal Emergency Management
Agency, National Flood Insurance Program, Community Rating System, July 31,
2003.
"STATE AND LOCAL MITIGATION PLANNING how-to-guide: Getting Started";
Federal Emergency Management Agency, September 2002.
"STATE AND LOCAL MITIGATION PLANNING how-to-guide: Developing the
Mitigation Plan"; Federal Emergency Management Agency, April 2003.
"STATE AND LOCAL MITIGATION PLANNING how-to-guide: Understanding
Your Risks", Federal Emergency Management Agency, August 2001.
Clearwater
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City of Clearwater
Floodplain Management Plan
"State and Local Plan Criteria Under the Disaster Mitigation Act of 2000", Federal
Emergency Management Agency, July, 2002.
"Stevenson Creek Watershed Management Plan", City of Clearwater, October
2001.
"Stormwater Management Design Criteria", City of Clearwater, July 2001.
Clearwater
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Floodplain Management Plan
On-line Resources
Association of State Floodplain Managers,
htto://www.floods.ora/home/default.aSD
Pinellas County Property Appraiser's Office,
http://www.pcpao.org/
Climatic Diagnostics Center, http://www.cdc.noaa.gov/index.html
Department of Community Affairs, Bureau of Recovery and Mitigation,
httg://w ww.floridadisaster.org/brm/
Emergency Management Institute, Community Rating System Resource Center,
http://training.fema.gov/EMIWeb/CRS/index.htm
Federal Emergency Management Agency, http://www.fema.gov/
Federal Emergency Management Agency, Map Service Center,
httg://www. msc.fema.gov/
Florida Division of Emergency Management, http://www.floridadisaster.org/
National Climatic Data Center, httl2://www.ncdc.noaa.gov/oa/ncdc.html
National Oceanic and Atmospheric Administration,
http://www.noaa.gov/floods.html
Pinellas County Emergency Management,
http://www.pinellascounty.org/emergency/default.htm
Tampa Bay Regional Planning Council Emergency Management Program,
http://www.tampabaydisaster.org/
US Census Bureau, http://www.census.gov/
US Army Corps of Engineers, http://www.usace.army.mil/
Clearwater
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Floodplain Management Plan
Appendix A
Resolution 09-37
Adopting the Floodplain Management Plan
Clearwater
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RESOLUTION NO. 09-37
A RESOLUTION ADOPTING THE FLOODPLAIN
MANAGEMENT PLAN: TRANSMITTING THE PLAN
TO THE FEDERAL EMERGENCY MANAGEMENT
AGENCY AS REQUIRED BY THE NATIONAL FLOOD
INSURANCE PROGRAM'S COMMUNITY RATING
SYSTEM; AUTHORIZING THE CITY MANAGER TO
INITIATE ACTIVITIES AS RECOMMENDED IN THE
FLOODPLAIN MANAGEMENT PLAN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the National Flood Insurance Program (NFIP) provides federally
supported flood insurance in communities that regulate development in their floodplains,
and the Community Rating System (CRS) reduces flood insurance premiums in those
communities that do more than implement the minimum regulatory requirements; and,
WHEREAS, the City of Clearwater is required to update the Floodplain
Management Plan in order to continue to receive CRS credits for this document; and
WHEREAS, the City Council adopted Floodplain Management Plans in 2000 and
2004, which updated the Repetitive Loss Plan adopted on December 11, 1991; and
WHEREAS, the Floodplain Management Plan updates the 2004 Floodplain
Management Plan in compliance with the 2007 CRS Coordinators Manual; and
WHEREAS, the Floodplain Management Plan as amended is consistent with the
Clearwater's adopted Comprehensive Plan; and
WHEREAS, adopting the Floodplain Management Plan will provide the citizens
of Clearwater access to the Flood Hazard Mitigation Assistance program funds; and
WHEREAS, various City projects, programs, operations and initiatives in the
Plan may lower flood insurance rates for the City residents; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Floodplain Management Plan as amended and attached hereto is
adopted.
Clearwater
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Section 2. The Floodplain Management Plan shall be transmitted to the Federal
Emergency Management Agency for appropriate action as required under the National
Flood Insurance Program's Community Rating System.
Section 3. The City Manger is authorized to initiate activities as recommended in
the Floodplain Management Plan.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 17th day of September 1 2009.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
City Attorney
Clearwater
Cynthia E. Goudeau
City Clerk
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Appendix 6
FMPC Meeting Minutes
Clearwater
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City of Clearwater
Floodplain Management Plan
2009 Floodplain Management Plan
Kick Off Meeting Minutes
March 3, 2009 - MSB 221
Attendees:
Allison McKinney
Elliot Shoberg
Ozell George
Catherine Lee
Scott Rice
Heather Shell
James Hersh
Jack Fahey
Muhammad Abdur-Rahim
CRS Coordinator - Engineering / Stormwater
Engineering Stormwater Manager
Public Services Supervisor II
Planner II
Engineering Assistant Director
Public Communication
Engineering / GIS
Plans Examiner - Dev & Neighbor Services
Stormwater Maintenance Manager
The meeting began with introductions. The purpose of the meeting was to
discuss updating the existing Floodplain Management Plan (FMP).
Allison began the meeting be describing the NFIP CRS program and explained
that residents can obtain flood insurance & obtain a discount because the City
participates. The City had a cycle visit in 2008 and one of the requirements to
complete the verification visit is to provide the update to the FMP. The schedule
to complete the Plan presented. The Plan must be adopted by City Council by
October 1, 2009.
The specific sections of the Plan that would be updated were reviewed and
discussed. Each department that would need to provide the updated information
was determined as follows:
• Planning is responsible for the Community Development Code -
Chapter 51 Flood Damage Prevention and Catherine will provide the
most recent version of the document.
• Planning is responsible for Community Development Code, Art. 4, Div.
13, Land Clearing and Grubbing and Catherine will provide the most
recent version of the document.
• Planning is also responsible for the Clearwater Comprehensive Plan.
The Stormwater Sub-element should be included in the FMP policy
section.
• Catherine will provide the current version of the comp plan and indicate
the policy numbers that deal with stormwater and should be included.
The planning department verified that review of the EAR was completed in 2006.
Catherine will provide the current version of the document and will use this
The Planning department will provide the current application for Non-Substantial
Damage/Improvement Review.
Y Clearwater
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Each of the following sections were discussed in detail.
• Population & Land Use (pg 1, 5, 9) - Planning will provide updated
information
• Housing and Development (pg 9) - GIS will provide updated data
• Development Constraints (pg 10) - No changes will be made
• Population in Flood Insurance Zones & Hurricane Evacuation Levels (pg
14) - GIS will provide updated data
• Special Facilities Populations (pg 15) - GIS will provide updated data
• Annexation Areas (pg 19) - Planning will provide updated data
• Critical Facilities in City & Replacement Cost (pg 20) - GIS will provide
updated data
• Critical Facilities in Floodplain & Replacement Cost (pg 20) -GIS will
provide updated data -Replacement cost was not going to be included in
this update
At the next progress meeting additional sections would be discussed in detail.
Information from capital improvement project lists would be used to evaluate the
implementation of the 2004 plan activities.
GIS will provide
Figure 1
Figure 2
Figure 3
Figure 4
Figure 5
Figure 6
Figure 7
Figure 8
Figure 9
Figure 10
Figure 11
Figure 12
Figure 13
Figure 14
Figure 15
Figure 16
311 of the following figures:
City Service Area and FEMA Flood Zones
SWFWMD Drainage Basins
Drainage Basins inside the City Service Area
City Zoning Map
Future Land Use Map
Elevation Contours
Flood Insurance Zones, FEMA 2005
Water bodies - Creeks, Lakes & Ponds
Hurricane Evacuation Levels
Hurricane Storm Surge Areas
Special Needs Facilities
Repetitive Loss Property Locations
Critical Facilities
Sanitary Sewer Facilities
Natural Gas Infrastructure
Public and Private School Facilities
Please review and provide updated information by 4/10/2009.
Please provide all information and maps to Allison by 4/10/2009.
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2009 Floodplain Management Plan
Progress Meeting Minutes
March 30, 2009 - MSB 227
Attendees:
Allison McKinney CRS Coordinator - Engineering / Stormwater
Catherine Lee Planner II
James Hersh Engineering / GIS
The purpose of this meeting was to discuss and review the technical data in
the plan. Each major section of the report was reviewed and progress to date
was discussed.
Catherine mentioned that she was not sure what source to use to update the
Housing and Development information under Risk Assessment. The US
Census gives much higher figures for housing unites than does past City
documents (EAR ad Sub-Area Trend Analysis reports). It was decided to use
the Pinellas County Property Appraiser information to report and categorize
the number of parcels and the structures in the City and in the floodplain. It
was also decided to provide the estimated improved value for the parcels.
All data regarding the floodplain would come from GIS analysis.
Catherine reported that there are approximately 1,210 acres of
unincorporated county land located within the City's planning area, most of
which are developed.
Special facilities population refers to the percent of residents over 60 years of
age.
The Community Development Code - Chapter 51 Flood Damage Prevention
has not changed.
The Community Development Code - Article 4, Division 13, Land Clearing
and Grubbing has not changed.
Catherine stated that the Clearwater Comprehensive Plan has been updated
and approved. She indicated the policies from the comp plan and the
stormwater element that should be updated in the plan.
Catherine provided updated population, land use, population growth and
current population density. She also provided updates for the development
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constraints section.
The CRS coordinator has reviewed the hazard mitigation strategy section and
provided applicable updates.
The new floodplain management planning committee that was created will
perform plan maintenance. This process will be described in the plan.
The CRS coordinator has updated the CIP list and the stormwater
management project descriptions. This information has been added to the
plan.
Jim will continue to work with Allison directly to update the figures and GIS
data.
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Appendix C
Flood Protection Questionnaire
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City of Clearwater Floodplain Management Plan - 2009 Update
Flood Protection Questionnaire
Property address: Years living at this address:
1. Has your home or property ever been flooded or had a water problem ( ) yes( ) no
If "yes", please complete the entire questionnaire. If "no", please complete questions 6-11.
2. In what years did the flood occur, and was it due to a named hurricane or tropical storm? If so, please provide the
name of the storm(s).
3. Where did you get water and how deep did it get? (In feet)
( ) In crawl space: deep ( ) In yard only: deep
( ) Over first floor: deep
( ) Water kept out of house by sandbagging or other protective measure
4. What do you feel was the cause of your flooding? Check all that apply to your situation
( ) Storm sewer backup ( ) Sanitary sewer backup
( ) Sump pump failure/power failure ( ) Standing water next to house
( ) Extreme high tide
( ) Overbank flooding from Creek/Lake/Intercoastal/Gulf
( )Other
5. Have you installed any flood protection measures on your property?
( ) Sump pump ( ) Gutters
( ) Waterproof walls ( ) Regraded yard to keep water away from
building
( ) Other
6. Are there any areas in your neighborhood (streets, yards, vacant lots, etc.) that consistently get flooded during
periods of heavy rain?
If yes, please describe the location of the areas by using intersections or street addresses.
7. What type of foundation does your building have?
( ) Slab ( ) Crawlspace
8. Do you have flood insurance with your homeowner's insurance?
()Yes ()No
9. Have you ever received information on how to protect your family and home from flooding?
()Yes ()No
10. If yes, how recently?
( ) Within the last year () Between 1 and 2 years () Between 2 and 5 years () 5 years or more
11. From whom did you last receive information from about safeguarding your family and home from flooding?
( ) News Media ( ) Insurance agent ( ) Other non-profit agency
( ) City of Clearwater ( ) Utility company ( ) Not sure
( ) Other government agency ( ) American Red Cross ( ) Other
Please include any additional comments you may have about flooding in your area.
City of Clearwater - Engineering Department 100 South Myrtle Avenue, #220 Clearwater, Florida 33756-5520
Clearwater
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Appendix D
Community Development Code, CH 51 - Flood Damage Prevention
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Community Development Code, CH 51 - Flood Damage Prevention
*Cross references: Buildings and building regulations, ch. 47; minimum floor
elevation for buildings constructed after February 3, 1975, § 47.011; restoration
of electrical service to flooded structures, § 47.012.
Article I. In General
Sec. 51.91. Findings of fact.
Sec. 51.92. Purpose of chapter.
Sec. 51.03. Definitions.
Sec. 51.94. Interpretation of chapter.
Sec. 51.95. Warning and disclaimer of liability.
Sec. 51.96. Penalties for violation of chapter.
Sec. 51.97. Lands to which this chapter applies.
Sec. 51.98. Adoption of maps and study.
Sec. 51.99. Development permit required.
Sec. 51.19. Administration, permit procedures, duties of building official.
Sec. 51.11. Variances from chapter.
Article II. F lood Hazard Reduction
Sec. 51.31. General standards.
Sec. 51.32. Specific standards.
Sec. 51.33. Streams without established base flood elevations or floodvu
Sec. 51.34. Subdivision proposals.
Sec. 51.35. Areas of shallow flooding L, O zones).
ARTICLE I. IN GENERAL
Sec. 51.01. Findings of fact.
The city commission finds and declares that:
(1) The flood hazard areas of the city are subject to periodic inundation which results in
loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the public health, safety and
general welfare; and
(2) These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities, and by the occupancy in flood hazard
areas by uses vulnerable to floods or hazardous to other lands which are inadequately
elevated, floodproofed, or otherwise unprotected from flood damages.
(Code 1980, § 146.002)
Sec. 51.02. Purpose of chapter.
It is the purpose of this chapter to promote the public health, safety and general welfare
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood
heights or velocities;
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(2) Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels and natural protective
barriers which are involved in the accommodation of floodwaters;
(4) Control filling, grading, dredging and other development which may increase
erosion or flood damage; and
(5) Prevent or regulate the construction of flood barriers which may unnaturally divert
floodwaters or which may increase flood hazards to other lands.
(Code 1980, § 146.003)
Sec. 51.03. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Addition (to an existing building) means any walled and roofed expansion to the
perimeter of a building in which the addition is connected by a common loadbearing wall
other than a firewall. Any walled and roofed addition which is connected by a firewall or
is separated by independent perimeter loadbearing walls is new construction.
Appeal means a request for a review of the building official's interpretation of any
provision of this chapter or a request for a variance.
Area of shallow flooding means a designated AO or VO zone on the flood insurance rate
map (FIRM) with base flood depths from one to three feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable and indeterminate, and
where velocity flow may be evident.
Area of special flood hazard means the land in the floodplain within the city subject to a
one percent or greater chance of flooding in any given year. The area may be designated
on the FHBM as zone A. After detailed ratemaking has been completed in preparation for
publication of the FIRM, zone A is usually refined into zones A, AO, Al-99, VO and V1-
30.
Base flood means the flood having a one percent chance of being equaled or exceeded in
any given year.
Base flood elevation and BFE mean the elevation above mean sea level as shown in the
Flood Insurance Study.
Basement means that portion of a building having its floor subgrade, i.e., below ground
level, on all sides.
Breakaway wall means a wall that is not part of the structural support of the building and
is intended through its design and construction to collapse under specific lateral loading
forces without causing damage to the elevated portion of the building or the supporting
foundation system.
Building means any structure built for support, shelter or enclosure for any occupancy or
storage.
Building official means the building official of the city within the meaning of the
building code adopted for enforcement within the city.
City engineer means the city engineer of the city.
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Coastal high hazard area means the area subject to high velocity waters, including but
not limited to hurricane wave wash. The area may be designated on a FIRM as zone V1-
30, VE or V.
Development means any manmade change to improved or unimproved real property,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavating, drilling or storage of materials.
Elevated building means a nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation, perimeter walls, pilings,
columns, posts, piers, shear walls or breakaway walls.
Elevation means elevation in relation to mean sea level.
Existing manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed, including at a minimum the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads,
was completed before December 31, 1974.
Expansion to an existing manufactured home park or subdivision means the preparation
of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed, including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads.
Flood and flooding mean a general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal waters or from
the unusual and rapid accumulation or runoff of surface waters from any source.
Flood hazard boundary map and FHBM mean an official map of the city, issued by the
Federal Emergency Management Agency, where the boundaries of the areas of special
flood hazard have been defined as zone A.
Flood insurance rate map and FIRM mean an official map of the city on which the
Federal Emergency Management Agency has delineated both the areas of special flood
hazard and the applicable risk premium zones.
Flood insurance study means the official report provided by the Federal Emergency
Management Agency which contains profiles, the flood boundary floodway map and the
water surface elevation of the base flood.
Floodway means the channel of a river or other water course and the adjacent land areas
that must be reserved in order to discharge the base flood without increasing the water
surface elevation by a designated height of one foot.
Floor means the top surface of an enclosed area in a building (including basement), e.g.,
top of slab in concrete slab construction or top of wood flooring in wood frame
construction. The term does not include the floor of a garage used solely for parking
vehicles.
Functionally dependent facility means a facility which cannot be used for its intended
purpose unless it is located or carried out in close proximity to water, such as but not
limited to a boat docking or port facility, shipbuilding, or ship repair. The term does not
include long term storage, manufacture, sales or service facilities.
Habitable floor means any floor usable for living purposes, including working, eating,
sleeping, cooking or recreation, or a combination thereof, such as but not limited to
bedrooms, living rooms, laundry rooms, bathrooms, workshops, dens and
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studies. The term does not include a floor used only for storage or vehicle parking
purposes.
Highest adjacent grade means the highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Lowest floor means the lowest floor of the lowest enclosed area (including a basement).
An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than a basement area is not considered a building's
lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirements.
Mangrove stand means an assemblage of mangrove trees which is mostly low trees
noted for a copious development of interlacing adventitious roots above the ground and
which contain one or more of the following species: black mangrove (Avicennia nitida);
red mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa); and
buttonwood (Conocarpus erecta).
Manufactured home means a structure, transportable in one or more sections, which is
built on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. The term "manufactured home" does
not include a recreational vehicle.
Manufactured home park or subdivision means a parcel or contiguous parcels of land
divided into two or more lots for rent or sale as manufactured home sites.
Market value of the structure means the appraised value of the structure, not including
land, driveways, sidewalks, landscaping, swimming pools and other similar
improvements not related to the basic structure, prior to the start of repair or
improvement or, in the case of damage, prior to the damage occurring.
Mean sea level means the average height of the sea for all stages of the tide. It is used as
reference for establishing various elevations within the floodplains. For purposes of this
chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD).
New construction means structures for which the start of construction commenced on or
after December 31, 1974.
New manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed, including at a minimum the installation of utilities,
the site grading or the pouring of concrete pads, is completed on or after December 31,
1974.
Nonconforming structure means a structure in any area of special flood hazard within the
city which is not elevated or floodproofed to National Flood Insurance Program
standards, as set forth in 44 CFR 59 and 60.
North American Vertical Datum and NAVD, as corrected in 2003, mean a vertical
control used as a reference for establishing varying elevations within the floodplain.
Ready for highway use, as applied to a recreational vehicle, means that the recreational
vehicle is on its wheels or jacking system, is attached to the site only by quick disconnect
type of utilities and security devices, and has no permanently attached additions.
Recreational vehicle means a vehicle which is built on a single chassis, 400 square feet
or less when measured at the largest horizontal projection, designed to be self-propelled
or permanently towable by a light duty truck, and designed primarily not for
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use as a permanent dwelling but as temporary living quarters for recreational, camping,
travel or seasonal use.
Sand dunes means naturally occurring accumulations of sand in ridges or mounds
landward of the high-water line on the beach.
Start of construction, for other than new construction or substantial improvements under
the Coastal Barrier Resources Act (P. L. 97-348), means substantial improvement, and
means the date the building permit was issued, provided the actual start of construction,
repair, reconstruction or improvement was within 180 days of the permit date. The actual
start of construction means the first placement of permanent construction of a structure
on a site, such as the pouring of slabs or footings, installation of piles, construction of
columns, or any work beyond the stage of excavation or the placement of a manufactured
home on a foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; installation of streets or walkways; excavation for a
basement, footings, piers or foundations or the erection of temporary forms; or the
installation on the property of accessory buildings, such as garages or sheds not occupied
as dwelling units or not part of the main structure.
Structure means a walled and roofed building that is principally above ground, a
manufactured home, or a gas or liquid storage tank.
Substantial damage means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
Substantial improvement means with respect to any property located in an area of special
flood hazard reconstruction, rehabilitation, addition or other improvement of a structure
during a one-year period, the cost of which equals or exceeds 50 percent of the market
value of the structure before the start of construction of the improvement.
For the purposes of this definition, construction is considered to have started when the
first alteration of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the
structure. The term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not, however, include any
project for improvement of a structure to correct existing violations of health, sanitary or
safety code specifications which have been identified by the building official and which
are the minimum necessary to ensure safe living conditions. The term does not include
any alteration of a structure listed on the National Register of Historic Places or the state
inventory of historic places, provided that the alteration will not preclude the structure's
continued designation as a historic structure on such National Register or state inventory.
Variance means a grant of relief from the requirements of this chapter which permits
construction in a manner otherwise prohibited by this chapter where specific enforcement
would result in unnecessary and exceptional hardship.
(Code 1980, § 146.004; Ord. No. 5124, § 1, 9-5-91; Ord. No. 5265, § 1, 9-17-92; Ord.
No. 6987-02, § 1, 6-6-02; Ord. No. 7213-03, § 1, 11-20-03)
Sec. 51.04. Interpretation of chapter.
In the interpretation and application of this chapter all provisions shall be considered as
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minimum requirements and deemed neither to limit nor repeal any other powers granted
under state laws.
(Code 1980, § 146.11)
Sec. 51.05. Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based upon scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by manmade
or natural causes. This chapter does not imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free from flooding or flood damages.
This chapter shall not be deemed to create liability on the part of the city or any officer or
employee thereof for any flood damages that may result notwithstanding reliance on this
chapter or any administrative decision made thereunder.
(Code 1980, § 146.12)
Sec. 51.06. Penalties for violation of chapter.
A failure to comply with the provisions of this chapter or any of its requirements,
including conditions and safeguards established in connection with grants of variances,
shall constitute a violation. Any person who violates this chapter or fails to comply with
any of its requirements shall, upon a finding of such violation, be fined not more than
$500.00. Each day a violation continues shall be considered a separate offense. Nothing
contained in this section shall prevent the city from taking such other lawful action as is
necessary to prevent or remedy any violation.
(Code 1980, § 146.13)
Sec. 51.07. Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazard within the city.
(Code 1980, § 146.005)
Sec. 51.08. Adoption of maps and study.
Federal Emergency Management Agency maps entitled "Flood Insurance Rate Map and
Floodway", and the accompanying study entitled "Flood Insurance Study -Clearwater",
all effective September 3, 2003, and any subsequent revisions, shall be used to provide
the database for this chapter.
(Code 1980, § 146.001; Ord. No. 7182-03, § 1, 8-21-03; Ord. No. 7213-03, § 1, 11-20-
03)
Sec. 51.09. Development permit required.
(1) A development permit shall be required in conformance with the provisions of this
chapter prior to the commencement of any development activities.
(2) No structure or land shall be located, extended, converted or structurally altered
without full compliance with the terms of this chapter and other applicable regulations.
(Code 1980, § 146.006)
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Sec. 51.10. Administration, permit procedures, duties of building official.
(1) Designation of building official. The building official is hereby appointed to
administer and implement the provisions of this chapter.
(2) Permit procedures. An application for a development permit shall be made to the
building official on forms furnished by him prior to any development activities, and shall
include but not be limited to plans drawn to scale showing the nature, location,
dimensions and elevations of the property; existing or proposed structures; fill; storage of
materials; drainage facilities; and the location of the foregoing. Specifically, the
following information is required:
(a) Application stage.
1. Elevation of the proposed lowest floor, including basement, of all structures.
2. Elevation to which any nonresidential structure will be floodproofed.
3. Certificate from a state registered professional engineer or architect that the
nonresidential floodproofed structure will meet the floodproofing criteria in section
51.32(2).
4. Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development.
5. For all additions to or alterations of any structure, an appraisal of the market value of
the structure from an MAI (Member, Appraisal Institute) or SRPA (Senior Real Estate
Appraiser) designated appraiser may be provided, along with information showing all
costs involved in the proposed work, including but not limited to materials and labor. If
an appraisal is not provided, then the appraisal of the value of the structure as determined
by the county property appraiser will be used.
6. For all additions to or alterations of any nonconforming structure, information
showing all of the costs of the proposed work shall be provided to the building official.
7. Elevation certificate of the property showing lowest floor and grade elevations duly
certified by a state registered land surveyor.
(b) Construction stage. Provide a floor elevation or floodproofing certification after the
lowest floor is completed, or, in instances where the structure is subject to the regulations
applicable to coastal high hazard areas, after placement of the horizontal structural
members of the lowest floor. Upon placement of the lowest floor or floodproofing by
whatever construction means, or upon placement of the horizontal structural members of
the lowest floor, whichever is applicable, it shall be the duty of the permit holder to
submit to the building official a certificate of the elevation of the lowest floor,
floodproofed elevation, or the elevation of the lowest portion of the horizontal structural
members of the lowest floor, whichever is applicable, as built, in relation to mean sea
level. The certification shall be prepared by or under the supervision of a state registered
land surveyor or, when floodproofing is utilized for a particular building, the certification
shall be prepared by or under the supervision of a state registered professional engineer or
architect, and shall be certified and sealed. Any work undertaken prior to submission of
the certification shall be at the permit holder's risk. The building official shall review the
floor elevation survey data submitted. Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior to further progressive work being
permitted to proceed. Failure to submit the certification or failure to make the corrections
required hereby shall be cause to issue a stop work order for the project.
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(3) Duties of the building official. The duties of the building official shall include but
not be limited to:
(a) Reviewing all development permit applications to ensure that the permit
requirements of this chapter have been satisfied;
(b) Advising applicants that additional federal or state permits may be required and, if
specific federal or state permit requirements are known, requiring that copies of such
permits are provided and maintained on file with the development permit;
(c) Notifying adjacent communities and the state assistance office for the National Flood
Insurance Program prior to any alteration or relocation of a watercourse, and submitting
evidence of such notification to the Federal Emergency Management Agency;
(d) Ensuring that maintenance is provided within the altered or relocated portion of a
watercourse so that the flood-carrying capacity is not diminished;
(e) Obtaining a certification of the actual elevation of the lowest floor, including the
basement, of all new or substantially improved structures, when certification is required;
(f) Obtaining a certification of the actual elevation to which the new or substantially
improved structures have been floodproofed, when certification is required;
(g) For coastal high hazard areas, obtaining a certification from a state registered
professional engineer or architect that the structure is designed to be securely anchored to
adequately anchored pilings or columns in order to withstand velocity waters and
hurricane wave wash;
(h) For coastal high hazard areas, reviewing plans for adequacy of breakaway walls in
accordance with section 51.32(5);
(i) When floodproofing is utilized for a particular structure, obtaining a certification
from a state registered professional engineer or architect, when certification is required;
0) Making any interpretations which may be needed as to the exact location of
boundaries of the areas of special flood hazard, for example, where there appears to be a
conflict between a mapped boundary and actual field conditions;
(k) Obtaining, reviewing and reasonably utilizing any base flood elevation and floodway
data available from a federal, state or other source whenever base flood elevation data or
floodway data have not been provided as required;
(1) Maintaining all records pertaining to the administration of the provisions of this
chapter;
(m) Promulgating administrative policies and procedures for determining eligible and
ineligible costs for construction or renovation of a structure in the floodplain, consistent
with this chapter and applicable state and federal law. Such administrative policies and
procedures shall be issued before February 1, 1990, and may be amended from time to
time thereafter as circumstances require. Copies thereof shall be provided without cost to
all applicants for building permits in any area of special flood hazard within the city. A
current copy shall be conspicuously posted in a public area of the building official's
office and a current copy shall also be filed in the office of the city clerk.
(Code 1980, § 146.007)
Sec. 51.11. Variances from chapter.
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(1) The building/flood board of adjustment and appeals shall hear and decide appeals
from decisions of the building official pursuant to this chapter and requests for variances
from the requirements of this chapter. A decision of the board shall be final, subject to
judicial review by common law certiorari in circuit court.
(2) Variances may be granted for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the state inventory of
historic places, if the proposed reconstruction, rehabilitation or restoration will not result
in the structure losing its historical designation.
(3) In passing upon such applications, the board shall consider all technical evaluations,
all relevant factors, all standards specified in other sections of this chapter; and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity of the facility to a waterfront location, in the case of a functionally
dependent facility;
(f) The availability of alternative locations not subject to flooding or erosion damage for
the proposed use;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(i) The safety of access to the property in times of flood for emergency and
nonemergency vehicles;
0) The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
(k) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, and streets and bridges.
(4) Conditions for variances:
(a) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief; and, in the instance of
a historical building, upon a determination that the variance is the minimum necessary so
as not to destroy the historic character and design of the building.
(b) Variances shall only be issued upon a showing of good and sufficient cause, a
determination that failure to grant the variance would result in unnecessary and
exceptional hardship, and a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary public expense,
the creation of a nuisance or a conflict with existing local laws or ordinances.
(c) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(5) Upon consideration of the factors listed above, and the purposes of this chapter, the
board may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this chapter.
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(6) Any applicant to whom a variance is granted shall be given written notice specifying
the difference between the base flood elevation and the elevation to which the structure is
to be built and stating that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
(7) The building official shall maintain the records of all appeal actions and shall report
any variances to the Federal Emergency Management Agency upon request.
(Code 1980, § 146.10)
ARTICLE II. FLOOD HAZARD REDUCTION*
*Cross references: Buildings and building regulations generally, ch. 47;
floodproofing certification for the coastal construction zones, § 47.010.
Sec. 51.31. General standards.
In all areas of special flood hazard, the following standards are required,
and compliance with those standards relating to structural stability shall be
certified by an engineer or architect registered in this state:
(1) New construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure.
(2) Manufactured homes shall be anchored to prevent flotation, collapse or
lateral movement. Methods of anchoring may include but are not limited to use of
over-the-top or frame ties to ground anchors. This standard shall be in addition to
and consistent with applicable state requirements for resisting wind forces.
(3) New construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
(4) New construction and substantial improvements shall be constructed by
methods and practices that minimize flood damage.
(5) Electrical, heating, ventilation, plumbing, air conditioning equipment, and
other service facilities shall be located at or above the base flood elevation or
shall be designed or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
(6) New and replacement water supply systems shall be designed to minimize
or eliminate the infiltration of floodwaters into the system.
(7) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate the infiltration of floodwaters into the systems and
discharges from the systems into floodwaters.
(8) Onsite waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding.
(9) Any alteration, repair, reconstruction or improvements to a structure which is
in compliance with the provisions of this chapter shall meet the requirements of
new construction as contained in this chapter.
(Code 1980, § 146.008(a))
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Sec. 51.32. Specific standards.
In all areas of special flood hazard, the following standards are required:
(1) Residential construction (A zone). New construction or substantial
improvement of any residential structure shall have the lowest floor, including the
basement, elevated at or above the base flood elevation. Should solid foundation
perimeter walls be used to elevate a structure, openings sufficient to facilitate the
automatic equalization of flood hydrostatic forces on exterior walls shall be
provided in accordance with the standards set forth in subsection (3) of this
section.
(2) Nonresidential construction (A zone). New construction or substantial
improvement of any commercial, industrial or non-residential structure shall have
the lowest floor, including the basement, elevated at or above the base flood
elevation. Structure located in all A zones may be floodproofed in lieu of being
elevated, provided that all areas of the structure, together with attendant utilities,
below the required elevation are watertight with walls substantially impermeable
to the passage of water and use structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A
state registered professional engineer or architect shall certify that the standards
of this subsection are satisfied.
(3) Elevated buildings (A zone). New construction or substantial improvements
of elevated buildings that include fully enclosed areas formed by the foundation
and other exterior walls below the base flood elevation shall be designed to
preclude finished living space and designed to allow for the entry and exit of
floodwaters to automatically equalize hydrostatic flood forces on exterior walls.
(a) Designs for complying with this requirement shall either be certified by a
state registered professional engineer or architect or meet the following minimum
criteria:
1. Provide a minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one foot above grade; and
3. Openings may be equipped with screens, louvers, valves or other coverings
or devices provided they permit the automatic flow of floodwaters in both
directions.
(b) Electrical, plumbing and other utility connections are prohibited below the
base flood elevation except as may be required by other codes, or where there is
a more practical location consistent with the intent of another code, and approved
by the building official.
(c) Access to the enclosed area shall be the minimum necessary to allow for
parking of vehicles (garage door), limited storage of maintenance equipment
used in connection with the premises (standard exterior door), and entry to the
living area (stairway or elevator).
(d) The interior portion of such enclosed area shall not be partitioned or finished
into separate rooms.
(4) Manufactured homes and RV requirements.
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(a) New and existing manufactured home parks and subdivisions, new and
existing manufactured homes not located within a new or existing manufactured
home park and subdivision, and recreational vehicles that are located or placed
or substantially improved in either areas of special flood hazard or in coastal high
hazard areas as defined in this chapter shall conform to all requirements of 44
CFR 59 and 60, effective November 1, 1989, and for the purpose of this chapter
such definitions and requirements as are contained therein are adopted in this
section by reference unless specifically set forth in this section.
(b) No floodplain management regulations will apply to a recreational vehicle if
the recreational vehicle was onsite for fewer than 180 consecutive days or was
fully licensed as a motor vehicle and ready for highway use.
(5) Floodways. Located within areas of special flood hazard are areas
designated as floodways. Because the floodway is an extremely hazardous area
due to the velocity of floodwaters and erosion potential, the following standards
shall apply in any floodway:
(a) Encroachments, including fill, new construction, substantial improvements
and other developments, are prohibited unless certification, with supporting
technical data, by a state registered professional engineer is provided
demonstrating that the encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge.
(b) All new construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of this section.
(c) The placement of manufactured homes is prohibited except in an existing
manufactured home park or subdivision; however, a replacement manufactured
home may be placed on a lot in an existing manufactured home park or
subdivision provided the anchoring standards and the elevation standards set
forth in this section are met.
(6) Coastal high hazard areas (V zones). Located within the areas of special
flood hazard are areas designated as coastal high hazard areas. Because these
areas have special flood hazards associated with wave wash, the following
standards are required:
(a) All buildings or structures shall be located landward of the coastal
construction control line.
(b) All buildings or structures shall be elevated so that the bottom of the lowest
supporting horizontal structural member, excluding pilings or columns, is located
at or above the base flood elevation level, with all space below the lowest
supporting member open so as not to impede the flow of water. Breakaway walls
may be permitted if designed to wash away in the event of abnormally high tides
or wave action and in accordance with subsection (6)(h) of this section.
(c) All buildings or structures shall be securely anchored on pilings or columns.
(d) All pilings and columns and the attached structures shall be anchored to
resist flotation, collapse and lateral movement due to the effect of wind and water
loads acting simultaneously on all building components. The anchoring and
support system shall be designed with wind and water loading values which
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equal or exceed the 100-year mean recurrence interval or one percent annual
chance flood.
(e) A state registered professional engineer or architect shall certify that the
design, specifications and plans for construction are in compliance with the
provisions of subsections (6)(b), (c) and (d) of this section.
(f) There shall be no fill used as structural support. Limited noncompacted fill
may be used around the perimeter of a building for landscaping or aesthetic
purposes provided the fill will wash out from storm surge, thereby rendering the
building free of obstruction, prior to generating excessive loading forces, ramping
effects or wave deflection. The building official shall approve design plans for
landscaping/aesthetic fill only after the applicant has provided an analysis by an
engineer, architect or soil scientist which demonstrates that the following factors
have been fully considered:
1. Particle composition of fill material does not have a tendency for excessive
natural compaction.
2. Volume and distribution of fill will not cause wave deflection to adjacent
properties.
3. Slope of fill will not cause wave runup or ramping.
(g) There shall be no alteration of sand dunes or mangrove stands which would
increase potential flood damage.
(h) Nonsupporting breakaway walls, open wood latticework or mesh screening
shall be allowed below the base flood elevation provided they are not part of the
structural support of the building and are designed so as to break away, under
abnormally high tides or wave action, without damage to the structural integrity of
the building on which they are to be used and provided the following design
specifications are met:
1. Design safe loading resistance of each wall shall be not less than ten nor
more than 20 pounds per square foot; or
2. If more than 20 pounds per square foot, a state registered professional
engineer or architect shall certify that the design wall collapse would result from a
water load less than that which would occur during the base flood event, and the
elevated portion of the building and supporting foundation system shall not be
subject to collapse, displacement or other structural damage due to the effects of
wind and water loads acting simultaneously on all building components during
the base flood event. Maximum wind and water loading values to be used in this
determination shall each have a one percent chance of being equalled or
exceeded in any given year or 100-year mean recurrence interval.
(i) If breakaway walls are utilized, such enclosed space shall not be designed to
be usable for human habitation but shall be designed to be usable only for
parking of vehicles, building access or limited storage of maintenance equipment
used in connection with the premises.
(j) Prior to construction, plans for any structures that will have breakaway walls
shall be submitted to the building official for approval.
(k) Any alteration, repair, reconstruction or improvement to a structure shall not
enclose the space below the lowest floor except with breakaway walls.
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(1) The placement of manufactured homes is prohibited except in an existing
manufactured home park or subdivision; however, a replacement manufactured
home may be placed on a lot in an existing manufactured home park or
subdivision provided the anchoring standards and the elevation standards set
forth in this section are met.
(Code 1980, § 146.008(b); Ord. No. 5558-94, § 1, 5-5-94; Ord. No. 7213-03, § 1,
11-20-03)
Sec. 51.33. Streams without established base flood elevations or
floodways.
(1) Within the areas of special flood hazard where small streams exist where
base flood data have been provided but where no floodways have been
provided, the following standards apply:
No encroachments, including fill material or structures, shall be located less than
20 feet from the top of the stream bank unless certification by a state registered
professional engineer is provided demonstrating that such encroachments shall
not result in any increase in flood levels during the occurrence of the base flood
discharge.
(2) Within the areas of special flood hazard where small streams exist but
where no base flood data have been provided and where no floodways have
been provided, the following standards apply:
New construction or substantial improvements of structures shall be elevated or
floodproofed to elevations established by the building official utilizing data
available from a federal, state or other source.
(Code 1980, § 146.008(c); Ord. No. 7213-03, § 1, 11-20-03)
Sec. 51.34. Subdivision proposals.
All proposed subdivisions, including but not limited to manufactured home
parks and subdivisions and other proposed developments consisting of at least
50 lots or five acres, or both, shall be reviewed by the city engineer to determine
that the following requirements have been or will be satisfied:
(1) All subdivision proposals shall be consistent with the need to minimize flood
damage.
(2) All subdivision proposals shall have public utilities and facilities, such as
sewer, gas, electrical and water systems, located and constructed so as to
minimize flood damage.
(3) All subdivision proposals shall have adequate drainage provided so as to
reduce exposure to flood hazards.
(4) Base flood elevation data shall be provided.
(Code 1980, § 146.008(d))
Sec. 51.35. Areas of shallow flooding (AO zones).
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Located within the areas of special flood hazard are areas designated as
shallow flooding areas. Because these areas have special flood hazards
associated with base flood depths of one to three feet, where a clearly defined
channel does not exist and where the path of flooding is unpredictable and
indeterminate, the following standards are required:
(1) All new construction and substantial improvements of residential structures
shall have the lowest floor, including the basement, elevated to the depth number
specified on the flood insurance rate map, in feet, above the highest adjacent
grade. If no depth number is specified, the lowest floor, including the basement,
shall be elevated at least two feet above the highest adjacent grade.
(2) All new construction and substantial improvements of nonresidential
structures shall:
(a) Have the lowest floor, including the basement, elevated to the depth number
specified on the flood insurance rate map, in feet, above the highest adjacent
grade. If no depth number is specified, the lowest floor, including the basement,
shall be elevated at least two feet above the highest adjacent grade; or
(b) Together with attendant utility and sanitary facilities, be completely
floodproofed to or above that level so that any space below that level is
watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
(Code 1980, § 146.008(e))
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Appendix E
Community Development Code
Clearwater
Article 4 Division 13 - Clearing and Grubbing
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DIVISION 13. LAND CLEARING AND GRUBBING
Section 4-1301. Permit required.
A land clearing and grubbing permit is required in order to clear or grub any land in the
city. No land clearing and grubbing permit shall be granted prior to issuance of a Level
One or Level Two approval in accordance with the provisions of Article 4, Divisions 3
and 4. If no Level One or Level Two approval is required a land clearing and grubbing
permit shall be granted if the permit request is in conformance with the provisions of this
division or the terms of a prior approval.
(Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, § 109, 5-2-02)
Section 4-1302. Application/appeal.
A. An application for a clearing and grubbing permit shall be submitted to the
community development coordinator applications forms to be provided, accompanied by
the fee required by Section 4-202(E), and including the following information:
1. A legible scaled drawing or scaled aerial photograph and a tree survey showing
property boundaries, physical or natural features, and limits of the proposed work.
2. Purpose of clearing and/or grubbing.
3. Types of equipment to be used.
4. General description of existing vegetation, topography, and any surface waters
present.
5. Method of debris disposal.
6. Anticipated date of commencement and completion of work.
7. Methods of soil erosion and sedimentation control to be undertaken during earthwork
activities and the means and timing of soil stabilization subsequent to the completion of
the clearing and grubbing activities.
8. No tree statement, no tree removal permit required or tree removal permit required.
B. A denial of a clearing and grubbing permit may be appealed in the manner provided
in Article 4 Division 5.
(Ord. No. 6526-00, § 1, 6-15-00)
Section 4-1303. Criteria for issuance.
In determining whether or not to issue a permit to clear or grub land, the community
development coordinator shall consider:
A. The need for vegetation removal on the property for purposes of land surveying or
land preparation for development or other economic uses.
B. Whether visual access is necessary to comply with the tree survey requirements in
Section 4-1302.
C. Whether the applicant has filed a "no tree verification" form or "no tree removal
permit required verification" form stating that there are no protected trees on the site or
that protected trees exist but do not need to be removed for construction purposes.
D. The applicant has provided protective barriers around all protected trees on the site.
E. Whether the applicant has provided soil erosion and sedimentation control as
required in Article 3, Division 7.
(Ord. No. 6526-00, § 1, 6-15-00)
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Appendix F
Engineering Department's Erosion and Siltation Control Policy
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City of Clearwater
Florida
Erosion and Siltation
Control Policy
10 NWL
000
Requirements for ALL construction
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sites regardless of type or size of
construction activity
EROSION AND SILTATION CONTROL POLICY
The following Erosion and Siltation Control Standards and procedures shall apply to all
physical improvement projects, which are subject to the rules and regulations of the City of
Clearwater.
1. SITE PLAN REVIEW: All erosion and siltation control methods to be employed
during construction shall be shown on the final construction plans submitted for approval to
the City.
2. LAND CLEARING AND GRUBBING: All projects that will denude soil (i.e., one
that requires grass and brush removal or asphalt, concrete and building removal prior to
actual construction) or that will involve ground alteration such as excavation shall be
required to have a grubbing and clearing permit prior to any such work (per Part 1, Article 4,
Division 1301, Community Development Code).
3. STABILIZATION OF DENUDED AREAS: No disturbed area may be denuded for
more than thirty (30) calendar days unless otherwise authorized by the City. During inactive
construction periods, denuded areas shall be covered by mulches such as straw, hay, filter
fabric, seed and mulch, sod, or some other permanent vegetation. Within sixty (60) calendar
days after final grade is established on any portion of a project site, that portion of the site
shall be provided with established permanent soil stabilization measures per the original site
plan, whether by impervious surface or landscaping.
4. PROTECTION AND STABILIZATION OF SOIL STOCKPILES: Fill material
stockpiles shall be protected at all times by on-site drainage controls which prevent erosion
of the stockpiled material. Control of dust from such stockpiles may be required, depending
upon their location and the expected length of time the stockpiles will be present. In no case
shall an unstabilized stockpile remain after thirty (30) calendar days.
5. PROTECTION OF EXISTING STORM SEWER SYSTEMS: During construction,
all storm sewer inlets in the vicinity of the project shall be protected by sediment traps such
as secured hay bales, sod, stone, etc., which shall be maintained and modified as
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required by construction progress, and which must be approved by the City before
installation.
6. SEDIMENT TRAPPING MEASURES: Sediment basins and traps, perimeter berms,
filter fences, berms, sediment barriers, vegetative buffers and other measures intended to
trap sediment and/or prevent the transport of sediment onto adjacent properties, or into
existing water bodies, must be installed, constructed or, in the case of vegetative buffers,
protected from disturbance, as a first step in the land alteration process. Such systems shall
be full operative and inspected by the City before any other disturbance of the site begins.
Earthen structures including but not limited to berms, earth filters, dams or dikes shall be
stabilized and protected from drainage damage or erosion within one week of installation.
7. SEDIMENTATION BASINS: Areas of 3 acres or more shall be required to have
temporary sedimentation basins as a positive remedy against downstream siltation and will
be shown and detailed on construction plans. During development, permanent detention
areas may be used in place of silt basins, provided they are maintained to the satisfaction of
the City. The contractor will be required to prohibit discharge of silt through the outfall
structure during construction of any detention area and will be required to clean out the
detention area before installing any permanent subdrain pipe. In addition, permanent
detention areas must be totally cleaned out and operating properly at final inspection and at
the end of the one year warranty period. When temporary sedimentation basins are used,
they shall be capable at all times of containing at least one (1) cubic foot of sediment for
each one hundred (100) square feet of area tributary to the basin. Such capacity shall be
maintained throughout the project by regular removal of sediment from the basin.
8. WORKING IN OR CROSSING WATERWAYS OR WATERBODIES: Land
alteration and construction shall be minimized in both permanent and intermittent
waterways and the immediately adjacent buffer of 25 feet from top of bank of the waterway.
Construction equipment and vehicles shall be kept out of waterways and the buffer area
whenever possible, and barriers shall be used to prevent access. Where in-channel work
cannot be avoided, precautions must be taken to stabilize the work area during land
alteration, development and/or construction to minimize erosion. If the channel and buffer
area are disturbed during land alteration, they must be stabilized within three (3) calendar
days after the in-channel work is completed.
Silt curtains or other filter/siltation reduction devices must be installed on the downstream
side of the in-channel alteration activity to eliminate impacts due to increased turbidity.
(See Index #609 & 610). Wherever stream crossings are required, properly sized temporary
culverts shall be provided by the contractor and removed when construction is completed.
The area of the crossing shall be restored to a condition as nearly as possible equal to that,
which existed prior to any construction activity.
9. SWALES, DITCHES AND CHANNELS: All swales, ditches and channels leading
from the site shall be sodded within three (3) days of excavation. All other interior swales,
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etc., including detention areas will be sodded prior to issuance of a Certificate of
Occupancy.
10. UNDERGROUND UTILITY CONSTRUCTION: The construction of underground
utility lines and other structures shall be done in accordance with the following standards:
a. No more than 400 lineal feet of trench shall be open at any one time;
b. Wherever consistent with safety and space consideration, excavated material
shall be cast to the uphill side of trenches. Trench material shall not be cast
into or onto the slopes of any stream, channel, road ditch or waterway.
C. Storm sewer inlets in the vicinity shall be protected.
11. MAINTENANCE: All erosion and siltation control devices shall be checked
regularly, especially after each rainfall and will be cleaned out and/or repaired as required.
12. COMPLIANCE: Failure to comply with the aforementioned requirements may result
in a fine and/or more stringent enforcement procedures such as (but not limited to) issuance
of a "Stop Work Order". (Part 1, Article 7, Section 101, Community Development Code)
City of Clearwater Standard Detail Drawings No. 601-607 are examples of accepted
methods that may be used or required to control erosion and siltation.
13. TEMPORARY GRAVEL CONSTRUCTION ENTRANCE & EXIT
Definition - A stone stabilized pad located at points of vehicular ingress and egress on a
construction site.
Purpose - To stabilize entrances to the construction site and reduce the amount of sediment
transported onto public roads by motor vehicles or runoff.
Conditions Where Practice Applies - Wherever traffic will be leaving a construction site
and moving directly onto a public road or other paved area.
Planning Considerations - Construction entrances provide an area where mud can be
removed from construction vehicle tires before they enter a public road. If the action of the
vehicle traveling over the gravel pad is not sufficient to remove most of the mud, then the
tires must be washed before the vehicle enters a public road. If washing is used, provisions
must be made to intercept the wash water and trap the sediment before it is carried off-site.
Construction entrances should be used in conjunction with the stabilization of construction
roads to reduce the amount of mud picked up by construction vehicles.
Design Criteria -
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Aggregate Size - FDOT No. 1 Coarse Aggregate (1.5 - 3.5 inch stone)(4 -9 cm) should be
used. Wood chips may be used for single family residential construction, provided that they
can be prevented from floating away in a storm.
Entrance Dimensions - The aggregate layer must be at least 6 inches (15 cm) thick. It must
extend the full width of the vehicular ingress and egress area. The length of the entrance
must be at least 50 feet (20 m). The entrance must widen at its connection to the roadway in
order to accommodate the turning radius of large trucks. (See Index # 601).
14. DEWATERING
Definition - Lowering the water table by means of pumping.
Purpose - To allow the construction of structural and stormwater improvements by
removing water from excavation areas and allowing construction by conventional "dry"
methods.
Planning Considerations - The major planning consideration in dewatering is disposal of
removed water. Volume, quality, and topography are the factors governing the method and
destination of removed water. Discharge from well-point dewatering is relatively clear
except for the initial discharge after installation or inactivity. Water pumped from a sump
hole is thoroughly sediment laden and must always be treated. Turbid water must either be
filtered before leaving the site or must be impounded onsite and allowed to settle. In flat
terrain it is sometimes more economical to impound relatively clean water rather than pipe it
long distances to a receiving water body.
Specifications - The two most common methods of dewatering used in Florida are well-
point systems and sump pumps. A well-point system consists of one or more rows of small
2" (5 cm) collector pipes, which are jetted vertically into the ground near the proposed
excavation. The small pipes are connected by a larger 6" (15 cm) manifold pipe, which is
connected to the pump and discharge line. The sump method is simply a hole in the ground
with a pump drawing all of the water flowing into the hold. Excess water is conveyed to the
sump by open ditches or perforated pipes embedded in sand or gravel.
Sumps and Ditches - The water table is lowered by ditching and conveying water to a
lowered sump hole. Water pumped from a sump hole is usually heavily laden with
sediments. Water flowing over disturbed and saturated ground detaches and transports all
sizes of soil particles into the sump pit to be sucked up by the pump. Saturated liquid soil
(mud) is also drawn into the pump. The discharged water must be treated before release into
a receiving water body or stormwater system. Placing haybales around the pump intake or
outlet is not sufficient filtration by itself. Turbid water must either be impounded long
enough for effective settling of fines, or filtered through a temporary filter or sediment tank.
Initially the water may percolate freely into the ground, however, this will diminish as the
fine particles settle and clog the surface layer of soil. In situations which
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preclude the use of filtration or settlement facilities, and turbid water is discharged directly
into a water body, a suitably designed floating turbidity barrier must be used. Note that this
method does not remove any sediments, it merely allows for dilution to lower the turbidity
level.
Horizontal Wells - This system also consists of a series of ditches leading to a sump hole
or pump. The ditches are filled with sand or gravel surrounding a perforated pipe. A
geotextile may also be used to prevent excessive migration of fines into the system. The
discharged water must be treated before release as described below.
Well-point Systems - The well-point system is the preferred system for dewatering and
should be used whenever possible. The initial discharge yields the sediments displaced by
the installation of the small collector pipes. This can be directed into the excavation, a small
settling or filtration facility, or larger temporary impoundment. Thereafter the water is
generally clear ground water and may be discharged into a receiving water body provided
that there is suitable conveyance.
Maintenance -
1. Any water impoundment must be inspected daily to prevent failure of dikes, berms,
or control structures. Minor problems should be repaired at once. Major problems
will require a redesign and plan modification.
2. Any filtration device must be inspected and cleaned frequently. The discharge
should be monitored daily and whenever the pumps are started. Inspection and
maintenance of the system are best performed when the facility is dry. The first
signs of diminished performance should be an alarm that maintenance is required. If
the facility will no longer drain itself, the untreated water must be pumped back to
its source, rather than by-passing the facility and discharging to the water body or
stormwater system.
3. Floating turbidity barriers shall be maintained as per FLOATING TURBIDITY
BARRIER
15. FLOATING TURBIDITY BARRIER
Definition - A floating geotextile material which minimizes sediment transport from a
disturbed area adjacent to or within a body of water.
Purpose - To provide sedimentation protection for a watercourse from up-slope land
disturbance where conventional erosion and sediment controls cannot be used, or from
dredging or filling within the watercourse.
Conditions where Practice Applies - Applicable to non-tidal and tidal watercourses
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where intrusion into the watercourse by construction activities has been permitted and
subsequent sediment movement is unavoidable.
Planning Considerations - Soil loss into a watercourse results in long-term suspension of
sediment. In time, the suspended sediment may travel large distances and affect
widespread areas. A turbidity curtain is designed to deflect and contain sediment within a
limited area and provide enough residence time so that soil particles will fall out of
suspension and not travel to other areas.
Turbidity curtain types must be selected based on the flow conditions within the water body,
whether it be a flowing channel, lake, pond, or a tidal watercourse. The specifications
contained within this practice pertain to minimal and moderate flow conditions where the
velocity of flow may reach 5 feet (1.5 m) per second (or a current of approximately 3 knots).
For situations where there are greater flow velocities or currents, a qualified engineer and
product manufacturer should be consulted.
Consideration must also be given to the direction of water movement in channel flow
situations. Turbidity curtains are not designed to act as water impoundment dams and
cannot be expected to stop the flow of a significant volume of water. They are designed and
installed to trap sediment, not to halt the movement of water itself. In most situations,
turbidity curtains should not be installed across channel flows.
In tidal or moving water conditions, provisions must be made to allow the volume of water
contained within the curtain to change. Since the bottom of the curtain is weighted and
external anchors are frequently added, the volume of water contained within the curtain will
be much greater at high tide verses low tide and measures must be taken to prevent the
curtain from submerging. In addition to allowing slack in the curtain to rise and fall, water
must be allowed to flow through the curtain if the curtain is to remain in roughly the same
place and maintain the same shape. Normally, this is achieved by constructing part of the
curtain from a heavy woven filter fabric. The fabric allows the water to pass through the
curtain, but retains the sediment particles. Consideration should be given to the volume of
water that must pass through the fabric and sediment particle size when specifying fabric
permeability.
Sediment which has been deflected and settled out by the curtain may be removed if so
directed by the on-site inspector or the permitting agency. However, consideration must be
given to the probable outcome of the procedure - will it create more of a sediment problem
by resuspension of particles and by accidental dumping of the material by t?quipment
involved? It is, therefore, recommended that the soil particles trapped by a turbidity curtain
only be removed if there has been a significant change in the original contours of the
effected area in the watercourse. Regardless of the decision made, soil particles should
always be allowed to settle for a minimum of 6 - 12 hours before their removal by
equipment or before removal of a turbidity curtain.
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It is imperative that the intended function of the other controls in this chapter, to keep
sediment out of the watercourse, be the strategy used in every erosion control plan.
However, when proximity to the watercourse makes successfully mitigating sediment loss
impossible, the use of the turbidity curtain during land disturbance is essential. Under no
circumstances shall permitted land disturbing activities create violations of water quality
standards.
Design Criteria
1. Type I configuration (See Index # 609) should be used in protected areas where
there is no current and the area is sheltered from wind and waves.
2. Type II configuration (See Index # 609) should be used in areas where there may be
small to moderate current running (up to 2 knots or 3.5 feet (1 m) per second) and/or
wind and wave action can affect the curtain.
3. Type III configuration (See Index # 609) should be used in areas where considerable
current (up to 3 knots or 5 feet (1.5 m) per second) may be present, where tidal
action may be present, and/or whether the curtain is potentially subject to wind and
wave action.
4. Turbidity curtains should extend the entire depth of the watercourse whenever the
watercourse in question is not subject to tidal action and/or significant wind and
wave forces. This prevents silt-laden water from escaping under the barrier,
scouring and resuspending additional sediments.
5. In tidal and/or wind and wave action situations, the curtain should never be so long
as to touch the bottom. A minimum 1-foot (30-cm) "gap" should exist between the
weighted lower end of the skirt and the bottom at "mean" low water. Movement of
the lower skirt over the bottom due to tidal reverses or wind and wave action on the
flotation system may fan and stir sediments already settled out.
6. In tidal and/or wind and wave action situations, it is seldom practical to extend a
turbidity curtain depth lower than 10 to 12 feet (3 to 4 m) below the surface, even in
deep water. Curtains which are installed deeper than this will be subject to very
large loads with consequent strain on curtain materials and the mooring system. In
addition, a curtain installed in such a manner can "billow up" toward the surface
under the pressure of the moving water, which will result in an effective depth,
which is significantly less than the skirt depth.
7. Turbidity curtains should be located parallel to the direction of flow of a moving
body of water. Turbidity curtains should not be placed across the main flow of a
significant body of moving water.
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8. When sizing the length of the floating curtain, allow an additional 10 - 20% variance
in the straight line measurements. This will allow for measuring errors, make
installing easier and reduce stress from potential wave action during high winds.
9. An attempt should be made to avoid an excessive number of joints in the curtain; a
minimum continuous span of 50 feet (15 m) between joints is a good "rule of
thumb."
10. For stability reasons, a maximum span of 100 feet (30 m) between anchor or stake
locations is also a good rule to follow.
11. The ends of the curtain, both floating upper and weighted lower, should extend well
up into the shoreline, especially if high water conditions are expected. The ends
should be secured firmly to the shoreline to fully enclose the area where sediment
may enter the water.
12. When there is a specific need to extend the curtain to the bottom of the watercourse
in tidal or moving water conditions, a heavy woven pervious filter fabric may be
substituted for the normally recommended impervious geotextile. This creates a
"flow-through" medium, which significantly reduces the pressure on the curtain and
will help to keep it in the same relative location and shape during the rise and fall of
tidal waters.
13. Typical alignments of turbidity curtains can be seen in (Index # 610). The number
and spacing of external anchors may vary depending on current velocities and
potential wind and wave action; manufacturer's recommendations should be
followed.
14. Be certain that the type, location, and installation of the barrier is as shown on the
approved plan and permit. Additional permits may be required in navigable
waterways, especially when the barrier creates an obstruction.
16. CONSTRUCTION SPECIFICATIONS
Materials
1. Barriers should be a bright color (yellow or "international" orange are
recommended) that will attract the attention of nearby boaters.
2. The curtain fabric must meet the minimum requirements.
3. Seams in the fabric shall be either vulcanized welded or sewn, and shall develop the
full strength of the fabric.
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4. Floatation devices shall be flexible, buoyant units contained in an individual
floatation sleeve or collar attached to the curtain. Buoyancy provided by the
floatation units shall be sufficient to support the weight of the curtain and maintain a
freeboard of at least 3 inches (8 cm) above the water surface level. (See Index #
609).
5. Load lines must be fabricated into the bottom of all floating turbidity curtains. Type
II and Type III must have load lines also fabricated into the top of the fabric. The
top load line shall consist of woven webbing or vinyl-sheathed steel cable and shall
have a break strength in excess of 10,000 pounds (4.5 t). The supplemental (bottom)
load-line shall consist of a chain incorporated into the bottom hem of the curtain of
sufficient weight to serve as ballast to hold the curtain in a vertical position.
Additional anchorage shall be provided as necessary. The load lines shall have
suitable connecting devices, which develop the full breaking strength for connecting
to load lines in adjacent sections (See Index # 609, which portray this orientation).
6. External anchors may consist of 2 x 4 (5 x 10 cm) or 2 - 1/2 inch (6 cm) minimum
diameter wooden stakes, or 1.33 pounds/linear foot (2 kg/m) steel posts when Type I
installation is used; when Type II or Type III installations are used, bottom anchors
should be used.
7. Bottom anchors must be sufficient to hold the curtain in the same position relative to
the bottom of the watercourse without interfering with the action of the curtain. The
anchor may dig into the bottom (grappling hook, plow or fluke-type) or may be
weighted (mushroom type) and should be attached to a floating anchor buoy via an
anchor line. The anchor line would then run from the buoy to the top load line of the
curtain. When used with Type III installations, these lines must contain enough
slack to allow the buoy and curtain to float freely with tidal changes without pulling
the buoy or curtain down and must be checked regularly to make sure they do not
become entangled with debris. As previously noted, anchor spacing will vary with
current velocity and expected wind and wave action; manufacturer's
recommendations should be followed. See orientation of external anchors and
anchor buoys for tidal installation in Index # 610.
Installation
1. In the calm water of lakes or ponds (Type I installation) it is usually sufficient to
merely set the curtain end stakes or anchor points (using anchor buoys if bottom
anchors are employed), then tow the curtain in the furled condition out and attach it
to these stakes or anchor points. Following this, any additional stakes or buoyed
anchors required to maintain the desired location of the curtain may be set and these
anchor points made fast to the curtain. Only, the furling lines should be cut to
let the curtain skirt drop.
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2. In rivers or in other moving water (Type II and Type III installations) it is important
to set all the curtain anchor points. Care must be taken to ensure that anchor points
are of sufficient holding power to retain the curtain under the expected current
conditions, before putting the furled curtain into the water. Anchor buoys should be
employed on all anchors to prevent the current from submerging the floatation at the
anchor points. If the moving water into which the curtain is being installed is tidal
and will subject the curtain to currents in both directions as the tide changes, it is
important to provide anchors on both sides of the curtain for two reasons:
a.) Curtain movement will be minimized during tidal current reversals.
When the anchors are secure, the furled curtain should be secured to the upstream
anchor point and then sequentially attached to each next downstream anchor point
until the entire curtain is in position. At this point, and before unfurling, the "lay" of
the curtain should be assessed and any necessary adjustments made to the anchors.
Finally when the location is ascertained to be as desired, the furling lines should be
cut to allow the skirt to drop.
3. Always attach anchor lines to the flotation device, not to the bottom of the curtain.
The anchoring line attached to the floatation device on the downstream side will
provide support for the curtain. Attaching the anchors to the bottom of the curtain
could cause premature failure of the curtain due to the stresses imparted on the
middle section of the curtain.
4. There is an exception to the rule that turbidity curtains should not be installed across
channel flows; it occurs when there is a danger of creating a silt buildup in the
middle of a watercourse, thereby blocking access or creating a sand bar. Curtains
have been used effectively in large areas of moving water by forming a very long-
sided, sharp N" to deflect clean water around a work site, confine a large part of the
silt-laden water to the work area inside the "V" and direct much of the silt toward the
shoreline. Care must be taken, however, not to install the curtain perpendicular to
the water current.
5. See Index # 610 for typical installation layouts.
6. The effectiveness of the barrier can be increased by installing two parallel
curtains, separated at regular intervals by 10' (3 m) long wooden boards or
lengths of pipe.
Removal
1. Care should be taken to protect the skirt from damage as the turbidity curtain is
dragged from the water.
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2. The site selected to bring the curtain ashore should be free of sharp rocks, broken
cement, debris, etc., so as to minimize damage when hauling the curtain over the
area.
3. If the curtain has a deep skirt, it can be further protected by running a small boat
along its length with a crew installing furling lines before attempting to remove the
curtain from the water.
Maintenance
1. The developer/owner shall be responsible for maintenance of the filter curtain for the
duration of the project to ensure the continuous protection of the watercourse.
2. Should repairs to the geotextile fabric become necessary, there are normally repair
kits available from the manufacturers; manufacturer's instructions must be followed
to ensure the adequacy of the repair.
3. When the curtain is no longer required as determined by the inspector, the curtain
and related components shall be removed in such a manner as to minimize turbidity.
Sediment shall be removed and the original depth (or plan elevation) restored before
removing the curtain. Remaining sediment shall be sufficiently settled before
removing the curtain. Any spoils must be taken to an upland area and stabilized.
Sheet Flow Application: Silt Fence
This sediment barrier uses standard strength or extra strength synthetic filter fabrics. It is
designed for situations in which only sheet or overland flows are expected. (See Index #
607).
1. The height of a silt fence shall not exceed 36 inches (90 cm). Higher fences may
impound volumes of water sufficient to cause failure of the structure.
2. The filter fabric shall be purchased in a continuous roll cut to the length of the
barrier to avoid the use of joints. When joints are necessary, filter cloth shall be
spliced as described in Figure 6.
3. Posts shall be spaced a maximum of 10 feet (3 m) apart at the barrier location and
driven securely into the ground a minimum of 12 inches (30 cm). When extra
strength fabric is used without the wire support fence, post spacing shall not exceed
6 feet (1.8 m).
4. A trench shall be excavated approximately 4 inches (10 cm) wide and 4 inches (10
cm) deep along the line of posts and upslope from the barrier.
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5. When standard strength filter fabric is used, a wire mesh support fence shall be
fastened securely to the upslope side of the posts using heavy duty wire staples at
least 1 inch (25 mm) long, tie wires, or hog rings. The wire shall extend into the
trench a minimum of 2 inches (5 cm) and shall not extend more than 36 inches (90
cm) above the original ground surface.
6. The standard strength filter fabric shall be stapled or wired to the fence, and 8 inches
(20 cm) of the fabric shall be extended into the trench. The fabric shall not extend
more than 36 inches (90 cm) above the original ground surface.
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DIVERSION RIDGE REQUIRED
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DRESSING, REPAIR AND/OR CLEANOUT OF ANY THAT DRAINS INTO AN APPROVED SEDIMENT TRAP
MEASURES USED TO TRAP SEDIMENT. OR SEDIMENT BASIN.
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Clearwater
105 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009
FMP\2009_plan_9_1_2009_finlrtfiffl# 25
Attachment number 2
Page 106 of 173
City of Clearwater
Floodplain Management Plan
SPACING OF POSTS FILTER FABRIC
TO BE 6-10 FEET APART MATERIAL
7
. .
r . . . . . .
2' MIN. = - `` FOR ADDITIONAL STRENGTH
=Y 1 ;- `' FILTER FABRIC MATERIAL CAN
BE ATTACHED TO A 6-INCH (MAX)
MESH WIRE SCREEN WHICH HAS
BACKFILLED TRENCH BEEN FASTENED TO THE POSTS
FILTER FABRIC
MATERIAL SECURELY
FASTENED TO THE ATTACHING TWO SILT FENCES
POSTS OR IF USED
THE WIRE MESH
r1 TT -
L_J L_J
APPROXIMATELY S
INCHES OF FILTER PLACE THE END
FABRIC MATERIAL POST OF THE
MUST EXTEND INTO SECOND FENCE
A TRENCH AND BE ?- INSIDE THE END
ANCHORED WITH POST OF THE
COMPACTED FIRST FENCE
BACKFILL MATERIAL
WOOD OR I ROTATE BOTH
STEEL POST I POSTS AT LEAST
180 DEGREES IN
?I
RUNOFF A CLOCKWISE
DIRECTION TO
I I
---- CREATE A TIGHT
SEAL WITH THE
I FABRIC MATERIAL
I
10 INCHES j \
! DIRECTION OF RUNOFF WATERS
(MIN) I
APPROXIMATE
4-INCH BY ; DRIVE BOTH
POSTS ABOUT 10
r 4-INCH TRENCH ?-
-? INCHES INTO THE
GROUND AND
- BURY FLAP
Clearwater
106 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT-PLAN\2009
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Attachment number 2
Page 107 of 173
City of Clearwater
Floodplain Management Plan
1. Set Stakes
r` 1
C
F?
2. Excavate a 4" x 4" Trench
Upscale Along The Line Of Stakes
3. Staple Filter Material To Stakes
And Extend It Into The Trench
F?
4. Backfill And Compact The
Excavated Soil
FI
Fri .
Sheet Flow Installation
(Perspective View) O O I O O
3' Max.
A p 13
B
y` I I Flow
Points A Should Be Higher Than Point B
Drainage Installation
(Front Elevation)
Clearwater
107 S:AESM\StaffkAMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009
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Attachment number 2
Page 108 of 173
City of Clearwater
Floodplain Management Plan
EXTRA STRENGTH FILTER FABRIC
NEEDED WITHOUT WIRE MESH SUPPORT
I?
I I I Ii
I
_ FLOW
STEEL OR LI I /
WOOD POST I1 I /
FLOW
/
I I I /
FLOW
1 /
/
r
10' MAX. SPACING WITH
_? WIRE SUPPORT FENCE
6' MAX SPACING WITHOUT
WIRE SUPPORT FENCE
PONDING HT. PO NDING HT.
FILTER FABRIC
STEEL OR f ATTACH SECURELY
WOOD POST TO UPSTREAM
36" HIGH MAX. SIDE OF POST
RUNOFF
RUNOFF
9" MAX.
(RECOMMENDED)
STORAGE HT.
-
T
1
12" MIN. 12" MIN.
4" x 6" TRENCH L
WITH COMPACTED GRAVEL
BACKFILL
STANDARD DETAIL ALTERNATE DETAIL
TRENCH WITH NATIVE BACKFILL TRENCH WITH GRAVEL
NOTES:
1. INSPECT AND REPAIR FENCE AFTER EACH STORM EVENT AND REMOVE SEDIMENT
WHEN NECESSARY.
2. REMOVED SEDIMENT SHALL BE DEPOSITED TO AN AREA THAT WILL NOT
CONTRIBUTE SEDIMENT OFF-SITE AND CAN BE PERMANENTLY STABILIZED.
3. SILT FENCE SHALL BE PLACED ON SLOPE CONTOURS TO MAXIMIZE PONDING
EFFICIENCY.
Clearwater
108 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT_PLAN\2009
FMP\2009_p1an_9_1_2009_finJ1 # 25
Attachment number 2
Page 109 of 173
City of Clearwater
Floodplain Management Plan
FZO?lv
A.ES S?.C
PLAN VIEW
ATTACH FILTER FABRIC
SECURELY TO 2"x 4" WOOD
FRAME, OVERLAPPING
FABRIC TO NEXT STAKE
DROP INLET
36' MAX.
12" MIN. I?
SECTION A-A
3 w
0
w
0
w
w
z
L,
Y
O
Ir
Q
Q'
O
a
Uj
F-
- TOP FRAME NECESSARY
FOR STABILITY
2"x 4" WOOD FRAME PONDING HT.
'4 "SIDES OF D.I.
18" MAX.
n1
NOTES:
1. DROP INLET SEDIMENT BARRIERS ARE TO BE USED FOR SMALL, NEARLY LEVEL DRAINAGE AREAS.
(LESS THAN 5%)
2. USE 2"x 4" WOOD OR EQUIVALENT METAL STAKES. (3 FT. MIN. LENGTH)
3. INSTALL 2"x 4" WOOD TOP FRAME TO INSURE STABILITY.
4. THE TOP OF THE FRAME (PONDING HEIGHT) MUST BE WELL BELOW THE GROUND ELEVATION
DOWNSLOPE TO PREVENT RUNOFF FROM BYPASSING THE INLET. A TEMPORARY DIKE MAY BE
NECESSARY ON THE DOWNSLOPE SIDE OF THE STRUCTURE.
Clearwater
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Attachment number 2
Page 110 of 173
City of Clearwater
Floodplain Management Plan
2" x 4" WOOD FRAME
1.5' MAX. i_
i
i i
i
I
i .i
II. :.
I I
II I
GATHER EXCESS
FABRIC AT CORNERS
Isometric View
II
I.
I r,
I
;I
II I
II I
FABRIC
3' MIN-
01N.
Elevation of Stake and
Fabric Orientation
Specific Application
This method of inlet protection is applicable where the inlet drains in a relatively flat area (slope no
greater than 5%) where the inlet sheet of overlandflows (not exceeding 1 c.f.s.) ore typical. The
method shall not apply to inlets receiving concentrated flows, such as in street or highway medians.
Clearwater
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Page 111 of 173
City of Clearwater
Floodplain Management Plan
5/8 IN. POLYPROPYLENE ROPE
1/4 IN. TIE ROPE
FOLDS FOR COMPACT STORAGE
DEPTH ACCORDING TO NEED
FLOATATION
ECONOMY FABRICS AVAILABLE
18 OZ. 300 LOAN. STANDARD
/ W 1 /4 IN. CHAIN J
NYLON REINFORCED VINYL ALL SEAMS HEAT SEALED
(BLOW-UP OF SHACKLE CONNECTION)
O
TYPE I
GALVANIZED #24 SAFETY HOOK TOP LOAD LINE
5/16 VINYL COATED CABLE
18 (OR 22) OZ. VINYL COVERED NYLON WATER
SEAL STRESS PLATE (TO REMOVE FLOATATION
\ PVC SLOT-CONNECTOR PRESSURE FROM FLOATS) '
N,
100 FT. STANDARD LENGTH
DEPTH ACCORDING TO NEED
STRESS BAND
STRESS PLATE
TYPE II
FOLDS EVERY 6 FEET
5/16 IN. CHAIN -f
BALLAST & LOAD LINE
Clearwater
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Attachment number 2
Page 112 of 173
City of Clearwater
Floodplain Management Plan
TYPE III
STRESS BAND
22 OZ NYLON REINFORCED VINYL PVC SLOT - CONNECTOR FLOATATION
0 0
DEPTH ACCORDING TO NEED
/ /24 SAFETY HOOK J / LAP LINK -f 5/16 IN.
5/16 VINYL COATING CABLE STRESS PLATE J CHAIN
(ON BOTH SIDES OF CURTAIN
TO REDUCE STRAIN)
ORIENTATION WHEN INSTALLED
(TIDAL SITUATION - TYPE III)
AUTOMATIC FLASHING
NOTE: ANCHORING WITH BUOYS, ATTACH LINES LIGHT (ON AT DUSK-
'
AS SHOWN, REMOVES ALL BUOY TO SHACKLE OFF AT DAWN) 100
VERTICAL FORCES FROM THE ON CENTER SHALL BE
CURTAIN. HENCE, THE CURTAIN USED IN NAVIGABLE
WALL NOT SINK FROM WIND OR } CHANNELS ONLY
CURRENT LOADS. \ / \
MIN. STANDARD CONTAINMENT
SYSTEMS LIGHT BUOY
WATER SURFACE 5' 51 ? a ANCHOR (AS
RECOMMENDED BY
THE MANUFACTURER)
a+ MIN. 12"? CURTAIN
/- RIVERBE
CITY OF CLEARWATER, FLORIDA I
PUBLIC WORKS ADMINISTRATION
ENGINEERING
DATE DESCRIPTION APP.
IBEX ND.
609
2 ? 2
Clearwater
FMP\2009_plan_9_1_2009_finkfiffl# 25
Attachment number 2
Page 113 of 173
City of Clearwater
Floodplain Management Plan
ANCHOR PT.
bmuKtUNt
OMITS OF
CONSTRUCTION
SHORELINE
ANCHOR PT.
TYPICAL LAYOUTS
STREAMS. PONDS. AND LAKES (PROTECTED AND NON-TIDAL)
STREAM FLOW
-F STAKE OR ANCHOR
EVERY 100' (TYPICAL)
® FILL AREA
« THIS DISTANCE IS VARIABLE
TIDAL WATERS AND/OR HEAVY WIND AND WAVE ACTION
FLOOD
EBB PROPOSED TOE
OF SLOPE
100' 100'
TYP.* ? TYP •
EXISTING L
CAUSEWAY
ANCHOR &
ANCHOR BUOY
BARRIER MOVEMENT SHORELINE
SHORELINE DUE TO TIDAL CHANGE ANCHOR PT.
ANCHOR PT.
® FILL AREA
• THIS DISTANCE IS VARIABLE
Clearwater
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Attachment number 2
Page 114 of 173
City of Clearwater
Floodplain Management Plan
Straw Bales Are To Be Placed 4 Inches
In The Soil. Tightly Abutting With No
Gap. Staked And Backfilled Around The
Entire Outside Perimeter.
0 0 0 0 0 0
0 0
_A o o A
1
? 0 0
1
0 0 0 0 0
Area inlet
with Grate
PLAN VIEW
-? Staked Straw Bale -
Runoff Water
with Sediment
I i ( Filtered Water 1 I
I
*.D 000D00 LL-j
V iP
141 .a n•
I
SECTION A-A
This method of inlet protection is applicable where the inlet drains a relatively flat area (slopes no
greater than 5%) where sheet or overland flows (not exceeding 0.5 cfs) are typical. The method
shall not apply to inlets receiving concentrated flows, such as stree or highway medians.
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
DRM CBY TEMPORARY STRAWBALE 7A02
CHECKED BY SEDIMENT BARRIER INDE% NO.
DESIGNED By AT STORM DRAIN 611
REV. DATE DESCRIPTIDN APP. DROP INLET 1 O
Clearwater
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Attachment number 2
Page 115 of 173
City of Clearwater
Floodplain Management Plan
1" x 2" Stake
Binding Wire Staked and Entrenched
or Twine ???((( 50 lb (approx.) Straw Bale
Filtered Compacted Soil to
Runoff 1 / Prevent Piping
1 Sediment Laden
I Runoff
I( `?
1_L LI
fi" Min.
Properly Installed Straw Bale
(Cross-Section)
1. Excavate the Trench
2. Place and Stake Straw Bales Angle First Stake
Toward Previously
Laid Bale
Wedge Loose Straw
Between Bales
Bales Must Be Tightly
Abutting With No Gaps
3. Backfill and Compact the
Excavated Soil
Clearwater
115 S:AESM\StaffkAMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009
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Attachment number 2
Page 116 of 173
City of Clearwater
Floodplain Management Plan
3' M.
r
Vire Reinforced Staked and Trenched
Slit Fence
Staked and Trenched
Silt Fence
s,face Runoff,
ae ?
?4- L
TYP
?I
TYf?
&p
7YFa
,
,rp
-I- L
DOUBLE °v STAKED SILT FENCE
CITY OF CLk ?kh'+ ' _R, FLORIDA
PUBLIC WO r LW . '- rRA'TION
3 ? f ;;?-< <udt?
DR' "I I'll
_ ckECREB BY EC , i_ 'REER
BATE aESQmPTION APP,
Clearwater
116 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009
FMP\2009_plan_9_1_2009_finlrtfiffl# 25
Attachment number 2
Page 117 of 173
City of Clearwater
Floodplain Management Plan
a:
or,
L?ICUWd4Gl
117 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009
FMP\2009_plan_9_1_2009_finlrtfiffl# 25
Attachment number 2
Page 118 of 173
City of Clearwater
Floodplain Management Plan
Appendix G
Clearwater
Engineering Department's Stormwater Design Criteria
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Page 119 of 173
City of Clearwater
Floodplain Management Plan
CITY OF CLEARWATER
DEPARTMENT OF PUBLIC WORKS
STORM DRAINAGE DESIGN CRITERIA
INTRODUCTION
This manual is a guide to assist Engineers in the design of stormwater systems in the City of
Clearwater. In general these standards are a combination of requirements set by the
Southwest Florida Water Management District, and requirements set by the City of
Clearwater, Public Works Department. This manual does not propose to itemize the
requirements of the Southwest Florida Water Management District, but to highlight and
detail the requirements of the City of Clearwater. Where design standards of applicable
regulatory agency's vary, the more restrictive or higher standard will apply. The Designer is
required to be familiar with the current design requirements of the Southwest Florida Water
Management District. The appropriate Southwest Florida Water Management District storm
water permit and other applicable regulatory agency permits will be required prior to any
final construction permit approval by the City of Clearwater.
The Designers attention is called to the City of Clearwater requirement that all development
and redevelopment will require provisions for storm water management. In particular,
redevelopment will be required to provide storm water management facilities in accordance
with the regulations herein.
For the purpose of administering these stormwater management regulations, redevelopment
is defined as the alteration of buildings, parking, or other landform features of a property
which necessitates the Community Development Code review process. Redevelopment of
property for which no stormwater management facilities exists will be required to provide
such facilities in accordance with the methodology contained herein, notwithstanding that
the circumstances of the redevelopment may not result in an increase of stormwater runoff.
Clearwater
119 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009
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Attachment number 2
Page 120 of 173
City of Clearwater
Floodplain Management Plan
STORMWATER MANAGEMENT
DESIGN CRITERIA
1. GENERAL:
All construction shall comply with the City of Clearwater Contract Specifications and
Standards. All stormwater facility designs must be designed and certified by a Florida
Registered Engineer.
Record drawings shall be submitted and certified by a Florida Registered Engineer before
final acceptance of project.
Design Frequency
(a) - 10 Year - storm systems, culverts
(b) - 25 Year - channels and detention areas with outfalls
(c) - 50 Year - detention areas without outfalls
(d) - 100 Year - detention areas without outfalls which when capacity is exceeded
overflow onto private property
Runoff Coefficients:
Ponds, lakes and detention area (wet or dry)
1.00
Buildings, paved areas, and other impervious areas 0.95
Turfblock 0.45
Green or pervious areas 0.20
Design coefficients shall be obtained by using the above coefficients on a weighted run off
method for both pre-development and post-development.
2. STORM DRAINAGE:
Detention areas must be built before storm sewers are installed. Slopes shall not be steeper
than four to one (4: 1) and shall be protected from erosion by sod.
Time of Concentration
Time of concentration to first inlet on a system shall be determined by using velocity of
runoff chart. (Chart attached). A minimum time of 15 minutes to first inlet shall be used.
- 120 - Item # 25
Attachment number 2
Page 121 of 173
City of Clearwater
Floodplain Management Plan
3. STORM SEWERS, INLETS, AND STREET DESIGN PERTAINING TO
WATER FLOW
Unless specifically approved by the City Engineer, reinforced concrete pipe shall be used in
all easements and street rights-of- way. Minimum size shall be 15" diameter. Design
frequency - 10 year storm. Mannings Roughness coefficient for storm pipe:
(a) RCP N
15" - 30" inclusive 0.013
3611- 48" " 0.012
54" - up 0.011
(b) CMP or Aluminum 0.023
Asphalt coated 0.018
(c) PVC Storm Drain Pipe 0.009
The slopes for culverts used as storm sewers shall produce a velocity within the following
limits:
Maximum Minimum
CMP 10 f.p.s. 2 f.p.s.
RCP 12 f.p.s. 2 f.p.s.
Standard hydraulic gradient elevation shall be minimum of 1.0 foot below throat of inlet or
manhole.
Minimum Culvert Size:
(a) - Pipe - 15"
(b) - Box Culvert - 3' x 3'
Maximum length of pipe without access structure:
(a) - (15" - 18") Pipe - 350 ft.
(b) - (24" - 36") Pipe - 400 ft.
(c) - (42" & cover & all box culverts) - 500 ft.
4. INLETS AND MANHOLES:
Vertical throat opening for inlets shall be 5".
Inlets and manholes will be designed so as not to have standing water when not functioning.
-121- Item #25
Attachment number 2
Page 122 of 173
City of Clearwater
Floodplain Management Plan
All inlets to have manhole lids in accordance with City standards.
Inlets are not to be placed in curb return.
Pipes are to be cut flush with inside wall of inlet.
Subdrain shall enter structure a minimum of one foot above invert and 2' 6" below top of
structure.
When pipe diameter exceeds 30", inlets shall not be used as junction boxes, limit 3 pipes per
inlet.
For design purposes inlet capacity should be assumed as follows:
Grate Inlet * - 4 CFS
(No Wing Type - 4 CFS
5" Throat (Single Wing Type - 6 CFS
(Double Wing Type - 8 CFS
* - Subject to City Engineer's approval only.
Standard inlet wings shall be a minimum of four feet in length as per City Standards.
5. STREET DESIGN:
Generally gutter water should not be carried for distances exceeding 600 feet.
Except as where impractical, channeling water across intersections will not be allowed.
Inlet Spacing
Normal Grades - .5% up to 2% - 600 ft.
Steep Grades - greater than 2% - 400 ft.
Where grades exceed 2%, a 6' wing will be required on the inlet. Grades less than 0.5% are
subject to City Engineer's approval only. A minimum of 0.5% grade shall be required for
asphalt drives and parking lots. Right-of-way shoulders shall be sodded three feet behind
curb and remainder, graded, seeded, and mulched. Mulch to be dry or green per F.D.O.T.
current standard.
6. HEADWALLS:
All inlet and outlet pipes shall be provided with a headwall, mitred end section, or flared end
section. Headwalls shall be reinforced concrete. Pinned Sand/Cement bag structures built
- 122 - Item # 25
Attachment number 2
Page 123 of 173
City of Clearwater
Floodplain Management Plan
in accordance with City of Clearwater specifications may be permitted only for temporary
use. All outlets shall have an appropriate apron to prevent erosion.
7. CHANNELS AND SWALES:
Roughness Coefficient - for a channel with maintained vegetation is .030 to .035.
Normal channel depth shall not be within 10% of critical depth. When velocities exceed
maximum allowable values energy dissipators shall be provided. Plans shall include
undeveloped areas, pre- development drainage, and pre-development discharge at key
design points such as channels, existing ponds, sloughs, etc. Also post- development
calculations for storm runoff and proper detention shall be determined.
Type of Soil Maximum Allowable
in Flow Line Velocity (f.p.s.)
Fine Sand 1.5
Sandy Loam 1.8
Silt Loam 2.0
Firm Loam 2.5
Fine Gravel 2.5
Stiff Clay 3.8
Coarse Gravel 4.0
Hardpan 6.0
Major channels (Q greater than 30 CFS) shall have a five foot bottom width. Drainage
swales normally will not be permitted along rear lot lines.
Swales shall be vegetated and designed for a 50 year storm.
8. STORM WATER DETENTION:
This policy is to insure that runoff will not be increased beyond its present state by
development. It is also intended to protect the quality of receiving waters in the City from
additional pollution resulting from new development. The design frequency shall be a 25
year storm based on rainfall intensity graph for the Clearwater area. The duration may be
obtained from the Rational method for areas up to 10 acres. Design variations may be
considered for areas less than one acre. The runoff coefficient differential DELTA C is
obtained by subtracting pre-development coefficient from post-development coefficient.
For projects greater than 10 acres, systems design must incorporate the U.S. Department of
Agriculture Soil Conservation Service Modified Unit Hydrograph, or equivalent as
- 123 - Item # 25
Attachment number 2
Page 124 of 173
City of Clearwater
Floodplain Management Plan
determined by the City Engineer, in conjunction with a SCS Type II Florida Modified
rainfall distribution curve.
In the case of redevelopment of land upon which no stormwater attenuation or water quality
feature exists, or upon which the existence of such features do not meet the standards
applicable at the time of redevelopment, the redeveloper will be required to provide facilities
in a manner similar to an original developer and in proportion to the extent to which the site
plan of the property is affected or disturbed by the redevelopment. In the methodology for
calculating stormflow from property undergoing redevelopment, the pre-development
volume of runoff will be calculated by the use of a Weighted Runoff Coefficient taken from
the following table:
PROPERTY DESCRIPTION* WEIGHTED COEFFICIENT OF RUNOFF**
Undergoing redevelopment and not
contributing to an existing flooding 1/2 Actual
problem ***
Undergoing redevelopment and
contributing to an existing flooding .20
problem
Undergoing redevelopment and
contributing to an existing flooding
problem for which an attenuating
stormwater manage-ment project is 1/2 Actual
under construction
* City Engineer shall be the determining authority of the Property Description
** In no case shall the coefficient be less than .20
** To be applied only to area of property undergoing alteration
*** Situation wherein property damage occurs in a 25 year - 24 hour storm
The City of Clearwater standards relative to the provision of water-quality features are, by
this reference, the same as the Southwest Florida Water Management District's, excepting
that where SWFWMD may rule that no water quality features are required, the City's
standard shall require the provision of treatment of 1/2 inch of rainfall as applied over the
entire area of a development project and 1/2 inch as applied over the portion of the site plan
undergoing alteration in the case of redevelopment.
- 124 - Item # 25
Attachment number 2
Page 125 of 173
City of Clearwater
Floodplain Management Plan
Q
The design hydrograph is an isosceles
CIA triangle with a time of concentration
equal to one half of the duration.
Detention design shall incorporate
a minimum time of concentration of
one hour & a 25 year storm intensity.
The outfall shall be restricted to
t(Sec.)
10
Time of
Concentration
Duration
accommodate the pre-development flow
with appropriate overflow facilities
for larger volumes. Detention ponds
will require 0.5' of freeboard.
Volume of detention may be established by multiplying time of concentration times DELTA
Q providing the outlet control structure (weir, pipe, etc.) is designed to restrict other than
pre-development Q. An outfall design allowing less than the pre-developed Q to pass is
acceptable if storage is provided.
Discharge to Lake or Wetland
In situations where the pre-developed Q abuts a lake or wetland, the developer may store
additional runoff above that required for water quality treatment in the wetland subject
provided that the following conditions are met:
Wetland with positive outfall has the capacity to store
a 25 year design storm.
Wetland with no outfall has the capacity to store a 50
year design storm.
Wetland has sufficient capacity to absorb additional runoff.
All areas on or off site contributing to a wetland shall be included in the design. Runoff
discharging directly to the wetland shall be transmitted via grassed swales. Runoff from lots
abutting a wetland shall be collected in an interceptor swale designed to drain dry in less
than 24 hours.
The maximum design high water elevation of the wetland shall be one foot below the lowest
floor elevation around the wetland or one foot below the flow line of the nearest adjacent
road, whichever is lower. The design wetland elevation shall be determined by the inflow
and outflow hydrograph method.
- 125 - Item # 25
Attachment number 2
Page 126 of 173
City of Clearwater
Floodplain Management Plan
The impact to the wetland system will be taken into consideration when reviewing these
applications. Those areas directly outfalling tidal salt water basins will be reviewed for
water quality impacts only.
Dry Detention Systems
Dry detention systems are those that under non storm conditions are dry, ie., has a grassed
bottom and side slopes that can be mowed. These systems shall be designed with no steeper
than 4:1 side slopes, preferably no deeper than three feet deep and drain dry within 24 hours
or less. The side slopes and bottom shall be sodded. Drawdown may be accomplished by
the use of underdrain according to City specifications or by percolation if the soil conditions
permit. At least one soil boring showing soil profile and the seasonal high water table shall
be provided with the site plan. The soil boring shall be located at the center of the proposed
detention area.
Wet Detention Systems
Wet detention/retention systems are those that under non storm conditions are designed to
have a standing pool of water. The design shall be in accordance with City Details. All wet
systems shall incorporate a vegetated littoral shelf over 35% of the areal cover of the pond
under normal conditions. Drawdown may include an underdrain system, natural percolation
or slow bleed down system. Underground vaults are not allowed as water quality facilities
and are permitable for water quantity storage only as specifically allowed by the City
Engineer.
Detention Pond Walls
The use of vertical walls on the sides of detention ponds or side slopes steeper
than 4:1 are discouraged and will not be permitted except as may be specifically
approved due to reason of undue hardship to the developer. In no circumstance
will vertical walls on detention ponds be permitted adjacent to rights-of-ways,
along the boundaries of adjacent parcels of land, on more than two sides of a
detention pond, or any side of a pond serving only as a water quality facility.
9. SUBMITTALS
In addition to submitting complete plans and specifications, the Engineer shall also
submit the following:
A. - Drainage calculations or computations including hydro-graphs for any
detention areas, retention ponds, complete with cross sections.
B. - A scale map or plat showing each subdivision drainage basin, as an
aid for review of the proposed work. A minimum of 50 feet of
topographical survey shall be required adjacent to the perimeter of the
proposed site.
- 126 - Item # 25
Attachment number 2
Page 127 of 173
City of Clearwater
Floodplain Management Plan
C. - Profile of hydraulic gradient for storm pipe system.
D. - All pertinent information of adjoining properties affected by stormwater
from site such as finish floor elevations of buildings, streets, channel or
receiving waters to the final outfall. All adjacent property draining onto the
proposed site is to be shown on the site plan.
Before project is accepted by the Public Works Department, a Registered Engineer must
submit written verification that the project was constructed in accordance with approved
construction plans.
10. ATTACHMENTS:
Rainfall - Intensity/Duration - Clearwater. This Rainfall Intensity Graph shall be used
for 10, 25, and 50 year storms.
Velocity of Runoff - for use in determining intensity for above grade runoff.
Drainage Design Computations - suggested for working out drainage computations
showing required information for submittal to City of Clearwater for approval.
- 127 - Item # 25
Attachment number 2
Page 128 of 173
City of Clearwater
Floodplain Management Plan
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City of Clearwater
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Page 132 of 173
City of Clearwater
Floodplain Management Plan
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Page 133 of 173
City of Clearwater
Floodplain Management Plan
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- 133- Item # 25
Attachment number 2
Page 134 of 173
City of Clearwater
Floodplain Management Plan
Appendix H
Engineering Department's
Stormwater Management System Policy
- 134 - Item # 25
Attachment number 2
Page 135 of 173
City of Clearwater
Floodplain Management Plan
Updated August 17, 2007
CITY
OF r?
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41 The _s[r t :c[ ,va[r r o' t1w 1716,, of Clearwater is a natural ior,orarr.r and riu--=t be a:om? era r.",P and `1
to mair tin it'., hPauhr, anal to achi-ire the full t)e-aedcial as.a of the resource to, the r,Pr'.i.. id
vi'itord of tll'r:? Ci y+, I h s rt[a,JuJ is intended to Provi fe a srarl<?r.: ,:.i`u? I,• I.: _r ?;a, the eke, l ,1,j? ri,i ?.,ud
in,picn-cn'3 ion of r;lar;. ?gyro:..in .and rules n"
iii-, d?,currlenr c'nai
a refer 'n.e C:Ur?1 _ c31)e•._i is stcrm,w '.il "unage dC ig!' sna'l C nt: 7U tC, ?? 'Cdr'lop.'d in 2:;c
with the, ("'N I7e,i ra C..-i eria cod 'Bert by iJt?? !1o:ik' oh'Ie"iives, rnd praliC!e-, i .i
guid are ?Acady C, by th^ ?1?4y's hr I "J? a Eli"r'iridi-Al
-,slpen (111P IDES) pcrm", the City "or?a?rel?e ;i've Fan Ora;na, Poli: is ?taoale; N(-,, 4,-and 7, td
Attu 1' ` ' r Policy and Lai:+.
"C l I-Ai
I: r:h _I '[h: 1 .li,t of ,he Enpln:?e-inq atd Public Services Deaai-lrner l ?;- Uiat:
1.. .=1 ,! ,''..I_ ;x, R.1 ACI_ V?, I) ;-f2 P il,0`Iq C:I ION AND rv1A.,gAG io13%, r
1 he I=-r yir e ring and 11.,u I r1p rl "aenla sisal; er ective stc,rrntrrater rr?,?n, -j , L,nt
progra'n to minimize aci,rerse irrpac'm on the Giiy's r>afu-A systems prciae,:y, pulalic health, s,.i„ and
kVt OU- f(A tlae citi7P.n:l T)l E, E al?IiatL'r, IrbadCgUU',s; WcMaga;rnvm cl 5torn?- da±cr increases &tC!:taWs„ er
[io'n's ,--en,' velpc?'tle , c;CntribLl?eS to erOSJOt' and -wdrrnentatlcn, OvercdY,ag the carrying tap,?tcity of
screarr. and other Lronvevancey, disrupts We func:.ons of natural syste : _ undermin?: flroclplain
rJar'?al, •`IIII'ri` lnd 7 10C, G(Vbn In riownstrearn communitic-, redLi .i grounC vJL,-'i i' Jlar je,
threat - n.,t)iak; i F, dth and -afr4y, and s the primary source of the pAutant toaf.) to
Ina,[,r?l i 'E-sou ce Ah, a result, water quality is egrarir d and beneficial u,-,- of 'Ae
resq'ur:e is fast.
Etsec:tir.. a stnrmwater management shall require Maintenance and Oceration by the lty of learwvater of
[' •:iiii a°;:ructufe, consisting of City-owned land and land on which the City has an easement or
rlght-c' -,-vi,, for pi r;ao¢aaa of maintaining walerflow to prevent
Er iiii s nc; a1-d l"':ahllr Services Departments surface' water ma aa?erne-,,; programs shall protect,
pr€ er' and restore the quality, quantity and environmental values for existing and new water resource
dr,,i'1. , .' , 1,, ems to the rnox'[ra_.rn extent practicable.
Prglf, n and Public Services departments, stormwater management projects shall maintain, to the
maxis- a,, c ;tr It practicable, during and after cor.trucifr. a, the pre-developrront sto ~nwater
charar „i . f Or s" ir, rc(1Lar;r, s,ii &V> cPrtann[ I osic3n, :I` iil)n, siltation, sedirfi nr aticln, and
floodi i leading that d rcinish beF-,ericial [ to reduce the lo_ s o 'resh%?,Mer by
encoursrginrl reuse, and to address storivwz'er mwiFgement of as wvaieish?A P'asis, thereby
provic i ti, cost effective eater quality and quantity solutions to specific watershed problems.
f of 7
-135 - Item # 25
Attachment number 2
Page 136 of 173
City of Clearwater
Floodplain Management Plan
U;Xated August 17, 2007
e All ation and r alrlfeP`? lc? activi, les uj*Ftai?e, by 177nglneering and Public Services Dep-mnr iVWs In
Cily nri-nivater syztems, all cYapi°«I irnprovem-It projects developed by Engineering anc Publke
is p': partments, and pJvaie duv(.loprnr'n, projocts which are reviewed in Engineering anJ Public
ervi, s Departments within City S'to' inw ater ns shall conform to the requirements of State Wa'or
Policy as require by the Clt%? NIPIIF M'_ Pe i..
6 All Mr;: mwa?, 111proveinents shall conform to the specific goals,
object ,e,, is `?%,; con ;in(,(: -Ali l the City Cornprehensivc plan, with F;, ` cular attrrfir a being
gi,lrn ? cor, au with prt;-- or Uvr~l', of 1>1,rvice which hay istalflh hed _o dcte:'c.-ine the
?aaila ^i capacity ani.. h?i new or rede, .,,
l fe:. r mo;,mwater manag-ment shall require maintenance and opeid ion of cr-'•i -fie `nfrastructure
dr ad to tl',,F' City of C' fcr purposes ,4 maintaining flow to preveri't flour- ic.
0 When determining the 71,: A on sur(rce watr ro,,oura of V,- i r in the develop. ir?C of J
stormwater rc' the
impact of the fa, il,:ies of ii y, fish wid , i ilife, il.
beneficial u`xer, ;• .-,rtion, navigation„ ;•tl vo*?er ;?r i;ll iii; r ir,l?usir.., - I I- ItAlr?rs i ated to
erosion and sr irrentation, public health, safety, and welfare m minimize adverse Impacts.
tormwater facility project development shall encourage interagency cooperation and alternate funding
sources for implementation whenever feasible.
STORMWA7 g MANAGEMENT IMPLEMENTAT-10N
Tt w l riginee-ing and Public .er,:,r:r r>ea menu, .shall fully develop stormi,ater -,cgrarns anc capital
irrprovcmer 'c prof--m with imp in mind. Inappropr etc lmplcr-ci rT lion cf tormwator
manv?emenr programs and projec ind the nrrnagt lrn?int of project con*M'uction, rncnii :ring, reporting and
reiated perrri'r or ;,:: 4ement conditions c.ara local U) Iric,"ec ve and costly project d?lays or rrpo ed penalties.
The constru"Jon and operation r. i,; iiorrnwate facilities which manage or store siOpt lptArs, or
other facilities which drain, divert, ir; c ,ch rrge Into, or otherwise Impact waters in te, and
the improvements served by such facilities, stall be consistent with all State and region I permitting
requirements.
All k rnwater facilities uroject development shall meet applicable design or perfrrmance sty; .dards,
with I .:Jir.ular attention l:eiiiq given to whether a luase p!!,,vlslons exist for ti•,o (:)'dtimmd satr°,Factor j
opeF,i arc arad malntenarrcp of the planned facili,•., ow;truction has been c i ler.ed.
All mv,.,iter facilities and related r,f -overnents must provide adequate provision to avoid increased
to off-site properties, water resources, natural systems or the public caused by:
(1) floodpfain development, encroachment or other alteration;
() retarding, accelerating or diverstin of flowing water;
(3) reduced natural attenuation;
(4) lack of adequate maintenance access;
() facility falltrre: or
() other actions that could adversely affect off-site water flows or levels.
All stormwater facility repairs shall be performed in a manner that does not exacerbate existing
stormwater problems.
2of7
- 136- Item # 25
Attachment number 2
Page 137 of 173
City of Clearwater
Floodplain Management Plan
U..): t..ugust 17, 2007
41 Erosion and se +irver t contrnl pla,a de:ailing approl °-:ate methods to retain sedin k on-site shall be
require-` for all rl turbing activities, edirmeA control plans shall be fully Implemented and
maintained durinc con,.;euction.
Where : cntl,cis n.jy reasonably boa cxpcc:ted to cux sL aciwee public and private ;i'_or rwjaivr facilities
during .urnrn rcial site Afar review, reso!_:tion of thooo conflicts shall be resolved by the Capital
Improv :r71en¢a "icri vralei Management Cvnrrritlue C 13 4C).
There ?-,nall h;s a Gafliol Imiprouf nents `;Ljrrrwater ?Oanagement Committee that sha'i rns (,n at (-,a-
gUajj(_; la to be rY1ade ul' t)t '?' Nj? -, rF?piwientatives from Environmeni(al !)to rrilr aifa,
fdiana? -arli) and Puolir. ; :l-f'11,. s 11w Ir:urtx.rsta rat thin ommlkt(,e Is to r ors:Jd . nitir.-ant
opera,, :na ues, address` pol!_; cli-; it; de d to aC llt3tC SL`oq:Tl1?d t? mar.- :rLnt for the City
and to >slah rr capital projeca ieLOM111: lid ii,mb annual
e Storm, .,,,stem management In Clear,.;; er :hall be c'_A,aclcr.zz,d as r _idler : torn-,!"3f 1-er ryi'11
.r ; r e
or ;>c„
throw :; ?. ...._ u:.
re?",i.Jffl"leYttl;?r. ?.': ?'u ill` r,'?aplt:a InprOV?e!f?Gnt:, I ?,?r',';%'r;i'i,.'I I?Jiarl?ACj!f?filei't tCrYlrTIiCFE'f
annJ?,' ke'G "'.';rrrfc t :• s'?l 4PCi i'Iii: idi. Uf01`I?l:f ??]f^rn18?IOf.
sys:em r!r. ?I') a tl,' hf it be c:rea.tec° r-d rininta-red b,, Engin ?rinL? ?srth direcr input L%
Service' ,
0 A rainfall, vrater riaallty, and flow monitori:- j network shall be installed and maintained by Frq^ncerinq
for .; : ?urposus rA rTiodel ,alibration, r•ao !itorinc system response, and permit program co- pllanc:r
(PH )I Iannl to 9a?, Estuary Program).
0 nrgin, !into shr4 mr;intain a current and calibrated hydrologic/hydraulic model fc. 3rlouli iowj of
existing condition, and the evaluation of proposed alternative solution's to stormwater p, of lern-s,
161. S"fM'VITJAT-_R iVIA107E- kiANCE,
The establishment of those maintenance policiaF `or Public `services is critical to the overall effectiveness of
unit operation and accountahility, and w ' ^ guic to rneeting the compliance requirements of NPCE
to further enhance the lu-eser,t lgir)ia. by=; em operation and m?l vterainc:e programs.
0 blPDFS Permit {:Viii; li,, woe Pr?)cr:dorvs; `` )' nr, iii prance of roadways and storr w,,a'er rur0if al'
operai' in c?rrrlpl W;sh N ! :Iermirtin,o
Stormy, srr r Fwir.ks I,Ae/Pond rr .rirrteom ce shall l,e ro h?rided to iiv , r ,;,L: vy7terr or iht-,;
Gt s,,,. _rns owfic l by the City or:iy, and shall be I n A cr only those r ontroh; nw4dk?d to ti: €?r an
lmmvr ,,, system operation, or to cornaaly ,v of provisions of agreement tc remove 5, r-dlor
nuh-ii :e or wllodc plant species where all appropriate licenses, permits, or exerl h::ve, 1. ,.>,, been
obtained, The C.ir j ;hall not bra mrpon! 1 No for mairtrlnance of private lakes or ponds. All rel, it work
shall be recordLd :)n apprc pf'
Conveyance SVsteris: 1;h;: I not h. , -, ;rued or enhanced from the existi:ig condition without prior
„PprM I frpraa 1-r,M ation of equivalent pipe(s) shoal be liml'ed to a maximurn
of -Wu `ee't in lengl h and up t() 24 in m a;rfm diameter„ no deeper than 5 .,Nrt (rrl'
~,torrn pipes). Di`che,, ,voa? aid cllianrel cr:,::. Iiall be maintained within ii,eir origin-! ,;esfin
p,.3rin ",'o s thr j; h silt rewoval and ditch bank gr,71ing on a frequency of no less thari once e" :.ry five
:.r;. JiAi cleaning and c utring shall occur twice a year. gtorrnwater pipe cleaning by machine such
acturlVaccon and hand rods shall be on a regular basis..
of 7
- 137 - Item # 25
Attachment number 2
Page 138 of 173
City of Clearwater
Floodplain Management Plan
Updated August 17, 2007
10 Irlets, ;urbs a:id 7,ut cFs: )tircct sv,--apirg opurs.tion, s' a". pc.cur on ill re-,[dcotial stroOt Gvicrt a ?i lir.
7)Qxlr: o?)s of lkr r City may be r_ ld: ssccl morc t:eguo.Aly than o11 eir: at ri_c Clc;cre iio , of thy' I'i ;AI n,
" t??<^e. 5ire tq `?so--?t s,,,+OeP")g all Giry m'in areJ31s si7?all or_r:..n 0,-) 4 U-'q C;1r VXISis., t:?rh, un,'
garrerr. 3tiecre.1 sto rn,,jator conL;trzcticrr sPi ;ll he restcred to
lh?lrt ?"a fl-(n, Alltj P'cesk rats, ri:c?v-r9 ati?c'?:ee? by start:iwateP •4auGUin are Li m l 'L._ .
require -ient , io rig. IJesigr of inlet cats h tai -,in boxy,,, and silt b( shall L' a P)il sidelines. Whenever possible, inlets and catch ba ii
have, .a id Unpi -?d 5irea'i ilia rticrwoce and o?,ecat! o-al repordriq ;i?alI he reported, as dcrirtI, rndar
Stow ?, ?; 1r Cdl??x?_1a n°t °lt nl, port g0Jeline,;- -_&.,t-t conii: 11 ,; II ptovided by Po;; cf err
on il '. ose ('2eC:Y Va aat IiGi:I:L?ti as "tive Ado L- - s^A? iland" Prwfam.
Drainage Eas.-cr cl t Iltl iint;,nance and operation of City lake, _ind streams rights-of-way and
easements anc. ?,. criatr _i ::ity swrrn ater facilities shall be the re;t. ,tlsilaility of Public Services.
itiFCri ; Arport: P.T s, r , be the point c first contact by citizen response rte ;r w
irvc'stir, r„ ,,ter. P'uhl r,, i, 1r r..; rer,ord and t,, ;:.pond to alil citizen
mgil- ?r it hin 43 hours of r,., (Att.-c'nrnent 1' -;ponse shill either
ir(7l ?-t fc-ow-up request m wreikng .? ESM fcr f.4th-:r inv??t: at oit as a
pc)l,'tI l r;ancf ?' iI' n tl,?oy-iv,ent,
Swrrl,?l ater lI,i iicrRi^n: A;? Fri iliin P_ctl, nnc:' blic, +0akhllCfi'C(:-:a i.ii n (Illl i?i ?`. ,'I 1,bOrlC.rl ,Ath
t:. t rta?e: a4er nn ! lra nz qa ,hall be oe tified its :,edf mentitic n ind ;r control. i r',.;t L?rrr?re It b ball
he a re uir;rrnF r that, all Put)Iic ::r r ?i e% storm,w ter pf-r:,annel are licensed and/or sedim:?ntation
ei o siur co, torrirwai:.:i 2chnicians within two years of hire.
The City o "1pr('lr r - ?F P sin rl'(irrl i n,r rater rnen.`_ ill' llle rrlen'te(i in the rTlo t rJ ;t
efl`:':Aive and efll ,m; tin r oossill:. `I o (_:ii has developed a '.t/'sr'rshcd Idianigement Action -kin
',te!;cled; to : revent r)Jstinn vrater re from b-coming !ors8, to reduce existing floodinq
robiPrrs, to rtl,rovp hbistirrg °A ar.ei goalily, acd tc preserve or restore the value:; or f,ity natural ecosy ie>rns.
The r?to:c, try, . atcr clatccf preblL-nn; ihL, a,e not defined as tormvvator Maintenance Shat: be
t. R} and faantieri in
eonsi,la rcJ -waCer Capitr,.l I:rrl?r?+.'?arnent rand shall be prioritized {Atrrf,'w ): nt
accordance- tl'i-, city i'.+ ?:?r?hec9 ir!arat;t3werlt Action plan annually. This s,' ,III he accc,mp 4 ion
recomn-i,: i(1i Icy ow ;yap rl inprcveroe:pis "Aurmwater Management Coniifk , arrJ appro/e-r by the Ciiy
ngl F '. it Services Di Cl Far:ager and City Commission.
0 AJ pr rc(-ived y pSM shall be uvai.Iated and ranked according to the orc,blcri is ific4civrl
e,iairl 1: d by rile Ci:y V,?aiersllP':l l`1 n?„ern°n't Action Plan and it pry ed in ttrr pr je. t database `aar
1 F r re?,laol ;,; tho ..apitai tarmwat,er l?nagw?ierlt rva?? ik`ee. a'r,4go_- ,1 Cade and
:,.1 3rsin shall be used to .7d kroje(.N provided to the Cornrrliifea for their review and
apl,?ty, 'I.
Implei , nt project development and construction in accordance with Committee recommendations and
apprc,, ate City approvals.
407
- 138 - Item # 25
Attachment number 2
Page 139 of 173
City of Clearwater
Floodplain Management Plan
Upoatou June ?4v' tuu±
V. PPuIFi+?E'i?I?? -KC)VISION
There ? -uaH crime from time to tune, Wose 5itrt (tirr,? which resrilt frorn wil'oree,t er ci: r.irvi?t a? .? mat
shall i- qu'ir e siZr the tluxlbihi fo ?r; _?; i nc??iafe res-)lotion ^f ,a.'r Irtlllrte diate prohLrm. f;Ylplero - Eem
of am, t relative to th i s sectiw,n sh;ail he rec -)irn ndLLi b,. the Capital lmproti'°rnents _°?ror -i wA-r
Snap crrr?etl? Co,7iri? tree and ppr. c i n? the City E Icdineer and Public Services Ci, ector when .-,, er:
7Florida of nvirnnrncntal Protection has declared a shoreline emergency,
ci ;i;,l-ntwitb Chuui'_r- 62B-33,019i! of f 213 f ,L 9.
A ct requires immediate action to protect life and property, provided t;wl l HLR c- nrlit on
e: ts:
The condition of any stormwater management system, darn, impoundment, reservoir,
appurtenant work, or works is so dangerous to the safety of life or property as not to permit
tirne for the issuance and enforcement of an order relative to maintenance or operation; O"'
The con ,t on o' passing cr irAminent floods that threaten the safety of any sto r
mini ;er,,e rt-V,s ; dams, rr viotindment, reservoir, appurtenant work, or works; AND
T ` F L.L(?WIW', (=tJID LINLS ARE Ai 0 T
There are no operational changes ar propriate or available to alleviate the emergency.
TF prL)lect will not result in the r,reu io.? of any new lands or permanent structures that did not
ex! the emergency.
4, Pr. ct con-truction is rri nimixe? tr, only ghat whic'i is absolutely necct,?,ary to pre j, 'hr,
irwriment Lullap$e of a s,Uucturo o' iei ; ve circunist1-]lLUli that threaten hume? tiLifuty or l
An after-the-fact permit shr;li 'r?e rp,,(1wred for all work completed that clearly, is not temporary in
nature,
City Engine
A
Public Services Director
Cate
-71"
Crate
5of7
- 139 - Item # 25
Attachment number 2
Page 140 of 173
City of Clearwater
Floodplain Management Plan
Updated August 17, 2097
-" nnen "A"
?f
1. Citizen :ails in complaintlconcern I t c iu r:.
2, Gall gu s io Stc-mv ,ater maintenance, Go to 3.
562.491 ], and data is logged
rn.., . .
td,r , r 1V111 iena r,- 1(,terroin s concern is a maintenance Go to 4
issue
itormwater maintenance resolves issue with in-house staff Stop
5. 'tovi:v :iW 1YAivier ar:_x deLuiwine5 concern is not a Go to 6
L mainte - a-Ice Issue.
6. Con,-121 ins ecdon report 3 suarruiled to m
--------- Go to 7
---------
f 1 F: tvl In - poct3 site Go to 0 or 11
8, Prubl _o-e -etermined to require R solution
-- - ---------- Go to 9
9. f
Deveio . s cc )h'L t
Go to 10
10 Out to bid, give to Constructlon Stop
' 11 7ioh!e n'r. ;ncc rr?tit. 3e determined to require GIP solution Go to 12
i i
?
12
Hire cc ultr_nt or beinq in-house design
Go to 3
r?
6of7
- 140 - Item # 25
Attachment number 2
Page 141 of 173
City of Clearwater
Floodplain Management Plan
w, , e t "B"
Project Priority List from Engineering
Updated August 17, 2007
7of7
-141- Item #25
Attachment number 2
Page 142 of 173
City of Clearwater
Floodplain Management Plan
Appendix I
City of Clearwater Comprehensive Plan - 2008
Stormwater Management Element
- 142 - Item # 25
Attachment number 2
Page 143 of 173
City of Clearwater
Floodplain Management Plan
Stormwater Management Element
The City of Clearwater will continue to monitor the stormwater management utility
fee rate structure and amend it as required to remain competitive and maintain
an adequate funding source to provide revenue for flood control, maintenance,
retrofitting, and treatment of stormwater. In addition to the hydraulic
improvements, this would improve the quality of stormwater discharging into
surface waters, and will complement the measures proposed in the Surface
Water Improvement and Management (SWIM) program and the Tampa Bay
Estuary Program to improve surface water quality standards.
• The City of Clearwater needs to take advantage of any alternative funding
opportunities that may become available from any State agency with regard to
watershed management and/or general stormwater improvements.
• The City of Clearwater needs to continue to reduce flooding problems and strive
for abatement of flood damage to houses and streets.
• The City of Clearwater needs to continue to coordinate stormwater management
improvement efforts with Pinellas County and other incorporated areas adjacent
to Clearwater City limits for both water quality and attenuation.
• The City of Clearwater needs to continue to maintain, correct deficiencies and
improve, where necessary, current levels of service. Maintenance and
improvement of the City stormwater management system must be recognized as
a service provided by the City on a regular and continuous basis.
• The City of Clearwater needs to continue to prepare stormwater management
plans which will identify and prioritize the implementation of programs to improve
and enhance stormwater quality and quantity.
• Natural and man-made wetlands need to be utilized for stormwater storage and
protected as natural resources. Wetlands provide a natural wildlife habitat and
groundwater recharge functions which are pivotal characteristics of the natural
and urbanized environment. Such features are firmly established within
Clearwater's quality of life values.
• The City of Clearwater must continue to obtain appropriate permits from all
environmental regulatory agencies prior to implementation of water resource
projects.
• The City of Clearwater needs to research and develop new methods that are
technically, environmentally, and economically viable of treating stormwater
runoff before final discharge to improve and enhance local surface waters.
- 143 - Item # 25
Attachment number 2
Page 144 of 173
City of Clearwater
Floodplain Management Plan
Prospect Lake will continue to serve as a basin for stormwater attenuation and
water quality management, as well as enhancing the aesthetic beauty of the
downtown area.
The City of Clearwater needs to continue to participate in the National Flood
Insurance Program's Community Rating System (NFIP/CRS). Clearwater has
been an active participant since 1990.
STORM WATER
D.3 GOAL - PROVIDE THE MOST COST EFFECTIVE AND EFFICIENT
PROVISION OF STORMWATER MANAGEMENT INCLUDING THE
IMPROVEMENT AND ENHANCEMENT OF STORMWATER QUALITY
DISCHARGING INTO LOCAL RECEIVING WATERS, AND PROVIDE
MAXIMUM PRACTICAL PROTECTION TO PERSONS, PROPERTY, AND THE
NATURAL ENVIRONMENT.
D.3.1 Objective - To maintain adequate levels of service for existing and future
populations through the year 2020.
Policies
D.3.1.1The following level of service standards have been established for the City of Clearwater
and shall be used in determining the availability of facility capacity and the demand
created by new development and shall be applied to all new development, redevelopment,
and for all City facilities through 2020.
Service Level of Service Standards
Stormwater Management Design storm
Facilities 10 - year storm frequency for all new street
development using the rational design method.
25 - year storm frequency with positive outfall for
major storm systems with basin time of intensities
controlling the duration.*
50 - year storm frequency when no outfall and
discharge is to street right-of-way.*
100 - year storm frequency when no outfall and
discharge is across private property.*
* Design standards for stormwater quality treatment/storage quantity shall
conform to the current SWFWMD requirement [Presently being the SCS Unit
Hydrograph design method, using the design storm frequency and a twenty-four (24)
hour duration for sites ten (10) acres or more, and the rational design method for
sites under ten (10) acres].
- 144 - Item # 25
Attachment number 2
Page 145 of 173
City of Clearwater
Floodplain Management Plan
D.3.2 Objective -The City of Clearwater shall continue to develop watershed
management plans which should seek to identify, evaluate and implement the
most cost effective and cost efficient programs for stormwater management,
including stormwater quantity and quality. These plans should also address
any projects included in the Pinellas County Surface Water Management Plan
for the implementation of all stormwater management, as well as
recommended funding sources.
Policies
D.3.2.1 Coordinate and cooperate with appropriate local, State, regional, and
Federal agencies implementing the Pinellas County and City of
Clearwater stormwater management plans.
D.3.2.2 Continue to Provide a stormwater management system throughout the
City that will afford the most economically feasible protection to
residents and property.
D.3.2.3 All stormwater management improvements should seek to meet
applicable goals, guidelines, and regulations established to provide flood
protection and pollution abatement.
D.3.2.4 Participate in interlocal agreements to study and evaluate stormwater
quality and stormwater runoff management issues consistent with the
National Pollutant Discharge Elimination System (NPDES).
D.3.2.5 Coordinate and cooperate with Southwest Florida Water Management
District policies and regulations.
D.3.2.6 Continue to require new development to detain water on site and control
quantity, quality, and rate of flow being released into the receiving
drainage systems.
D.3.3 Objective - Lower high water profiles during storm events, as necessary, to
reduce house flooding occurrences and to lessen the resulting adverse effects
on public health, the natural environment, public and private property.
Policies
D.3.3.1 Continue to provide a program of regular maintenance to the stormwater
management system to ensure maximum efficiency and performance.
Ensure that stormwater management plans include measures to remove
trash, sedimentation and other debris which impede flow and incorporate
structural and non-structural measures to reduce or eliminate the discharge
of oil, grease, heavy metals, and other suspended particles into the
stormwater management systems.
- 145 - Item # 25
Attachment number 2
Page 146 of 173
City of Clearwater
Floodplain Management Plan
D.3.3.2 Natural and man-made wetlands shall be considered as a means to provide
stormwater management wherever possible and shall be maintained for
hydrologic purposes. The efficiency of natural and man-made systems to
convey stormwater runoff shall be protected through the provision of
routine water quality maintenance schedules overseen by city inspections.
D.3.3.3 Continue to provide multiple use facilities, such as recreational open space
uses, with open channel stormwater management systems, when
appropriate.
D.3.3.4 Development and redevelopment activities shall comply with all
stormwater management design standards and criteria.
D.3.3.5 Structural Development shall be prohibited where it is determined that
such development will have an adverse impact on stormwater storage
areas, increase flood prone areas, significantly increase rates of runoff, or
cause other unfavorable drainage conditions. Both man-made and natural
systems shall be treated on an equal basis as a sensitive preservation area;
no distinction shall be made between a natural system and a man-made or
man altered hydrologic system.
D.3.3.6 Limit development that will result in building(s) constructed within/or over
stormwater retention/detention ponds, streams or channels. All wetlands,
streams, channels, or other hydrologic features, whether wetlands, ponds
or bodies of water having intrinsic hydrologic, biologic and zoological
functions with no distinction made in regard to its status to whether it is
man-made or natural shall be considered for a Preservation Land Use Plan
classification to ensure protection from development.
D.3.3.7 Continue active participation and cooperation with the National Flood
Insurance Program and the Florida Emergency Management Agency for
the purpose of recognizing flood prone areas, and establishing abatement
programs that endeavor toward a reduction in damages and losses due to
flooding.
D.3.3.8 Continue the established requirement of a twenty-five foot setback from
the tops of a bank from all wetlands whether natural or man-made, and
require minimum finished floor elevations in areas adjacent to lakes, bays,
creeks, the Gulf of Mexico, Tampa Bay and Old Tampa Bay, and other
flood prone areas.
D.3.4 Objective Continue the implementation of the most cost effective and efficient
plan to reduce the occurrence of street flooding where safety issues and traffic
problems exist as prioritized and set forth in the Capital Improvement
Element, and listed in the stormwater management plans.
- 146 - Item # 25
Attachment number 2
Page 147 of 173
City of Clearwater
Floodplain Management Plan
Policies
D.3.4.1 Identify areas where inadequate stormwater management easements exist,
and obtain proper access to stormwater management channels, structures
and appurtenances for maintenance purposes.
D.3.4.2 Improve all street stormwater management systems where deficiencies
exist as articulated in the City's annual budget document.
D.3.5 Objective - Protect and enhance the quality of receiving waters by the use of
"Best Management Practices" in accordance with the adopted watershed
management plans.
Policies
D.3.5.1 The use of "best management practices" shall be required before, during,
and after construction activities to prevent water pollution resulting from
erosion and siltation.
D.3.5.2 Vegetated swales, sodding, and appropriate landscaping will be required as
components of the drainage system for natural filtration before final
discharge into receiving waters.
D.3.5.3 Monitor major stormwater management outfalls and receiving water
bodies to identify the quality of stormwater runoff and the impact on
receiving bodies.
D.3.5.4 Maximize water recharge potential in designing stormwater management
improvements by utilizing natural wetland areas for stormwater storage.
D.3.5.5 Coordinate stormwater management improvements with other local
governments to assist in solving stormwater management problems of an
extraterritorial nature.
D.3.5.6 Continue to identify impaired bodies of water and prioritize them for
improvement and enhancement.
D.3.5.7 Water resource projects shall be consistent with the policies of the
Conservation Element and with adopted watershed management plans.
D.3.5.8 All stormwater management plan projects of the City of Clearwater shall
comply with the Florida Surface Water Improvement and Management
(SWIM) program and the National Estuary Program.
D.3.5.9 The City of Clearwater shall continue to upgrade and retrofit City-owned
drainage system facilities and include stormwater treatment for water
quality in accordance with the proposed stormwater management plan.
- 147 - Item # 25
Attachment number 2
Page 148 of 173
City of Clearwater
Floodplain Management Plan
D.3.6 Objective - Continue to provide sound fiscal management of the stormwater
management systems to include maintenance, operation, and construction in
accordance with the watershed management plans and concurrent with its
implementation.
Policies
D.3.6.1 Operation and maintenance of the stormwater management systems may
be financed through revenues from the City's stormwater utility fee.
D.3.7 Objective - Provide economic development incentives that promote water
resource protection and enhancement.
Policies
D.3.7.1 Methods of financing stormwater management system improvements and
new stormwater infrastructure construction should be evaluated to
determine the most feasible and equitable arrangement, both city-wide and
in local problem areas.
D.3.7.2 The City of Clearwater shall continue to seek and be on notice of financial
support for system improvements through grant programs administered by
appropriate State and Federal agencies.
D.3.7.3 The City of Clearwater shall pursue a system of regional stormwater
management which is both economically and environmentally sound.
DA GOAL - STORMWATER DISCHARGE SHALL BE MANAGED TO PROVIDE
FLOOD PROTECTION FOR THE CITIZENS OF THE CITY OF CLEARWATER
AND TO PRESERVE, PROTECT, AND ENHANCE THE WATER QUALITY OF
RECEIVING WATERBODIES.
D.4.1 Objective - The protection, restoration, and enhancement of water quality
associated with stormwater runoff will be considered a function of the City's
overall stormwater management plans.
Policies
D.4.1.1 The City shall incorporate water quality protection and enhancement
criteria into the City stormwater management plans.
D.4.1.2 The use of natural alternatives, the conservation of natural stormwater
management systems, and the protection and improvement of the quality
of receiving waters shall be a goal of the City's stormwater management
plans.
- 148 - Item # 25
Attachment number 2
Page 149 of 173
City of Clearwater
Floodplain Management Plan
D.4.1.3 Management plans shall continue to be developed on an ongoing basis for
waterbodies with known or suspected water quality problems in the City to
include Tampa Bay, Clearwater Harbor, Stevenson Creek, Allen's Creek,
and Alligator Creek.
D.4.1.4 The City shall systematically and timely prepare watershed or waterbody
specific management plans, and update them as necessary for waterbodies
within the City. Such plans shall include both water quality and flood
control considerations and recommended funding sources.
D.4.1.5 The City shall implement all City-approved watershed management plans.
D.4.1.6 All City stormwater management plan projects within watersheds of Tthe
City shall comply with applicable SWFWMD, State, and Federal
requirements, including_SWIM Plans for that waterbody or watershed.
D.4.1.7 The City shall continue to coordinate with and supplement the County's
surface water monitoring program.
- 149 - Item # 25
Attachment number 2
Page 150 of 173
City of Clearwater
Floodplain Management Plan
Appendix J
Application for Non-Substantial Damage/Improvement Review
- 150 - Item # 25
Attachment number 2
Page 151 of 173
City of Clearwater
Floodplain Management Plan
Telephone: (727) 5624567 Foc (727) 562-4676
wmmyclearwafar oom
APPLICATION FOR
NON-SUBSTANTIAL DAMAGE / IMPROVEMENT REVIEW
Parcel Number:
Property Address:
Owner's Name:
Co-Owner's Name:
Owner's Mailing Address:
Owner Phone Number:
FIRM
Panel:
Lowest Floor Elevation (excluding
garage):
I am attaching an appraisal report of my property, or
I am not submitting an appraisal report of my property
I accept the County's Estimated Market Value.
BFE:
Initials
Initials
Initials
I accept the attached estimated cost of construction as a fair cost of repair or improvement for my home.
Initials
SIGNATURES:
Owner:
Date:
Co-Owner:
Date:
Contractor:
Date:
Flood Zone:
-151- Item #25
Attachment number 2
Page 152 of 173
City of Clearwater
Floodplain Management Plan
'_' Clearwater
Devel VTM & Neighbod wod Senftln DgmMno t
100 S. Myrtle Avenue, Suite 210
Clearwater, FL 33756
Telephone: (727) 5624N7 Fam (727) 562-4576
www- yldearwaller com
SUBSTANTIAL IMPROVEMENT/DAMAGE
NOTICE TO PROPERTY OWNERS
`Are you rebuilding your home after a storm?"
`Are you making an addition, renovating or remodeling your home?
Here is information YOU need to know about the 50% Rule.
If your home or business is below the 100-year flood elevation, Clearwater has flood damage
prevention regulations that may affect how you remodel, renovate, or add on to your building. If your
home or business sustained structural and or interior damage, these regulations may affect how you
rebuild. These laws are required by the National Flood Insurance Program to protect your lives and
investment from future flood damages. Your community must adopt and enforce these laws in order
for federally-backed flood insurance to be made available to community residents and property
owners.
Inform yourself and save time, aggravation, and money. Please read the following information.
Substantial Damage means damage of the origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value or replacement cost of the structure before the damage occurred. (Note: the cost of the repairs
must include all costs necessary to fully repair the structure to its before-damage condition.)
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of
a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before
the "start of construction" of the improvement.
If a building is "substantially damaged" or "substantially improved", it must be brought into compliance
with Clearwater's flood damage prevention regulations, including elevating the building to or above
the 100-year flood elevation.
Clearwater, following National Flood Insurance Program requirements, has the responsibility to
determine "substantial damage" and "substantial improvement" and has implemented the following
procedure to do so:
- 152 - Item # 25
Attachment number 2
Page 153 of 173
City of Clearwater
Floodplain Management Plan
Development & Neighborhood Services will estimate Market Value by using the tax
assessment value of your structure (excluding the land).
If you disagree with this estimate of Market Value, you may hire a state licensed appraiser
and submit a comparable property appraisal for the depreciated value of the structure.
2. You must submit to Development & Neighborhood Services a detailed and complete cost
estimate for the addition, remodeling, reconstruction, or repair of all damages sustained by
your home, prepared and signed by a licensed general contractor. The contractor and you
must sign separate reconstruction or improvement affidavits indicating that the costs
estimate submitted includes all damages or all improvements to your home, not just
structural.
Development & Neighborhood Services will evaluate the cost of improvements or repairs
and determine if they are fair and reasonable. For damage repairs, pre-storm prices and
rates will be utilized. The cost of improvements or repairs does not include items not
considered a permanent part of the structure. (i.e., Plans, surveys, permits, sidewalks, pools, screens,
gazebos, fences, etc.) (See attached copy.)
3. If your home is in the designated flood zone, then an Elevation Certificate must be
submitted to determine the lowest flood elevation. Garages and carports are not
considered the "lowest floor".
4. Substantially damaged or substantially improved structures with the lowest floor below the
100-year flood elevations are required to be elevated to or above that level. Likewise, all
electrical and mechanical equipment (heating and cooling, etc.), bathrooms, and laundry
rooms must be elevated to or above the 100-year flood level. Only parking, building
access, and limited, incidental storage is allowed below the flood level. Non-residential
buildings may be "flood-proofed" instead of being elevated.
If the lowest floor, electrical and mechanical, equipment, laundry and bathroom are already
above the 100-year flood elevation, the building can be repaired and reconstructed without
further modifications.
5. Building plans must be prepared to show how the building is to be elevated. These plans
must be prepared and certified by a registered professional engineer or architect.
6. Following a Presidential disaster declaration, the Small Business Administration may make
loans available for both homes and businesses for purposes of elevating the structure to or
above the 100-year flood elevation. Proof of "substantial damage" from Clearwater
Development & Neighborhood Services is required.
- 153 - Item # 25
Attachment number 2
Page 154 of 173
City of Clearwater
Floodplain Management Plan
ITEMS TO BE INCLUDED
All structural elements including:
? Spread or continuous foundation footings and pilings
? Monolithic or other types of concrete slabs
? Bearing walls, tie beams and trusses
? Wood or reinforced concrete decking or roofing
? Floors and ceilings
? Attached decks and porches
? Interior partition walls
? Exterior wall finishes (e.g., brick, stucco, or siding) including painting and decorative
moldings.
? Windows and doors
? Re-shingling or re-tiling a roof
? Hardware
All interior finish elements, including:
? Tiling, linoleum, stone, or carpet over sub-flooring
? Bathroom tiling and fixtures
? Wall finishes, e.g., drywall, painting, stucco, plaster, paneling, marble, or other decorative
finishes.
? Kitchen, utility, and bathroom cabinets
? Built-in bookcases, cabinets, and furniture
? Hardware
All utility and service equipment, including:
? HVAC equipment
? Repair or reconstruction of plumbing and electrical services
? Light fixtures and ceiling fans
? Security systems
? Built-in kitchen appliances
? Central vacuum system
? Water filtration, conditioning or re-circulation systems
ALSO:
? Labor and other costs associated with demolishing, removing or altering building
components
? Overhead and profit
- 154 - Item # 25
Attachment number 2
Page 155 of 173
City of Clearwater
Floodplain Management Plan
ITEMS TO BE EXCLUDED
- Plans and specifications
- Survey costs
- Permit fees
- Debris removal (e.g., removal of debris from building or lot, dumpster rental, transport fees
to landfill and landfill tipping fees), and "clean-up" (i.e., dirt and mud removal, building dry
out, etc.).
- Items not considered real property such as: throw rugs (carpeting over finished floors),
furniture, refrigerators, stove not built-in, etc.
Outside improvements, including:
Landscaping
Sidewalks
Fences
Yard lights
Swimming pools
Screened pool enclosures
Sheds
- Gazebos
- Detached structures (including garages)
- Landscaping irrigation systems
ITEMS REQUIRED TO DETERMINE SUBSTANTIAL DAMAGE:
The following must be included in the application submittal (please keep a copy for your files)
1. Completed application
2. Detailed cost of improvement/reconstruction estimate and affidavit, signed by a general
contractor
and a copy of his license certificate.
3. Elevation certificate
4. Current photos, or photos before and after the storm (if available)
5. Existing floor plan drawing (if available)
6. Owner's reconstruction improvement affidavit signed and dated.
7. Contractor's reconstruction improvement affidavit signed and dated.
- 155 - Item # 25
Attachment number 2
Page 156 of 173
City of Clearwater
Floodplain Management Plan
Clearwater, FL 33756
Telephone: (727) 562-4567 Foc (727) 5624676
www.mydelarvwatme m
GUIDELINES TO COMPLETE
THE RECONSTRUCTION IMPROVEMENT COST ESTIMATE FORM (attached)
Reconstruction/Repair = Percentage of item that must be repaired or reconstructed.
(Example: A house has 20 windows, only 10 were damaged and being replaced; ratio should equal 50%)
Ms
RECONNWPAIR OFFICIAL
COST
USE
RATIO OF WORK
LABOR +
MATERL&S
Concrete, Form, ETC $4,500.00 40%
Carpentry Material (r) $9,004.00 100%
Doors/Windows, Shutters $2,046.00 50%
- 156 - Item # 25
Attachment number 2
Page 157 of 173
City of Clearwater
Floodplain Management Plan
Parcel #:
Property
Address:
Architect
Name:
License #:
Address:
Phone:
I have reviewed the contractor's list of work to be done with the plans prepared by my office. The list
accurately reflects the scope of work indicated on my plans and specifications. The proposed
estimated cost is in line with current average industry standards for the work reflected in my plans and
specifications.
See Attached Itemized List
Total Labor and Materials $.
Overhead & Profit $
Total
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PINELLAS
PERSONALLY APPEARED before me, the undersigned authority,
- 157 - Item # 25
Attachment number 2
Page 158 of 173
City of Clearwater
Floodplain Management Plan
who, being duly sworn, deposes and says that he/she has read, understands, and agrees to comply
with all of the aforementioned conditions.
Architect/Engineer's Signature
Date
SWORN TO AND SUBSCRIBED before me this day of
A. D.
Notary Public-State of
Florida
Commission Expiration Date
- 158 - Item # 25
Attachment number 2
Page 159 of 173
City of Clearwater
Floodplain Management Plan
'_' Clearwater
Development $ Neighborhood SerAcm Dgn,bimi
100 S. Myrtle Avenue, Suite 210
Clearwater, FL 33756
Telephone: (727) 562-4567 Foc (727) 5624576
www.mydelarwb.c=
ESTIMATED COST OF RECONSTRUCTION/IMPROVEMENT
Parcel
Property
Address:
This Cost Estimate of Reconstruction/Improvement must be prepared and signed by a licensed General Contractor
ITEMS COST
LABOR + MATERIALS
COMMENTS
Concrete Form ETC
Car entr Material (rough)
Carpentry labor (rough)
Roofi n
Insulation & Weather Strip
Exterior Finish stucco
Doors Windows & Shutters
Lumber Finish
Carpenter labor finish
Hardware finish
Hardware (rough)
Cabinets built-in
Floor covering the/ru
Plumbing
Shower/Tub/Toilet
Electrical
Light Fixtures
Built-in Appliances
HVAC
Paint
- 159 - Item # 25
Attachment number 2
Page 160 of 173
City of Clearwater
Floodplain Management Plan
Demolition and Removal
Overhead and Profit
TOTAL
(PLEASE ATTACH ANY ADDITIONAL INFORMATION)
Contractor Name: Contractor Lic. #:
Address:
Siqnature:
Phone #:
Date:
- 160 - Item # 25
Attachment number 2
Page 161 of 173
City of Clearwater
Floodplain Management Plan
}
Clearwater
c?
Clearwater, FL 33756
Telephone: (727) 562-4567 Fwc (727) 5624576
WWw-mydl mrwa19r-com
CONTRACTOR
RECONSTRUCTION/IMPROVEMENT AFFIDAVIT
Parcel #:
Property
Address:
Contractor
Name:
Address:
100 S. Myrtle Avenue, Suite 210
License #:
Phone:
I attest that I, or a member of my staff, personally inspected the above-described property and
produced the attached itemized list of repairs, reconstruction and/or remodeling. This list is submitted
for a Substantial Damage or Improvement Review. These damages/improvements are ALL OF THE
DAMAGES / IMPROVEMENTS sustained by this structure, and that all additions, improvements or
repairs proposed on the subject building are included in this estimate.
I understand that I am subject to enforcement and penalties if an inspection of the property reveals
that I have made repairs or improvements NOT INCLUDED ON THE ATTACHED LIST. This includes
any non-conforming or illegal structures/additions, or repairs made to the existing structure without
having presented plans for such work. I understand that any permit issued by the City of Clearwater
pursuant to this affidavit does not authorize the reconstruction, repair or maintenance of any illegal
additions, fences, sheds, or non-conforming uses or structures on the subject property.
(See Attached Itemized List)
Total Labor and Materials $
Overhead & Profit $
Total
De?slopmerrt $ Neighborhood SwAm Dgmft errt
STATE OF FLORIDA
COUNTY OF PINELLAS
AFFIDAVIT
Before me this day personally appeared
-161- Item #25
Attachment number 2
Page 162 of 173
City of Clearwater
Floodplain Management Plan
who, being duly sworn, deposes and says that he/she has read, understands, and agrees to comply
with all of the aforementioned conditions.
Contractor's Signature
Date:
SWORN TO AND SUBSCRIBED before
me this
day of ,
Notary Public-State of
Florida
Commission Expiration
Date
- 162 - Item # 25
Attachment number 2
Page 163 of 173
City of Clearwater
Floodplain Management Plan
}
Clearwater
c?
De _ pment $ Neighbort W Servloss Department
100 S. Myrtle Avenue, Suite 210
Clearwater, FL 33756
Telephone: (727) 562-4567 Fax (727) 5624576
WWW.m dkmrwater'.oom
OWNER
RECONSTRUCTION/IMPROVEMENT AFFIDAVIT
Parcel #:
Property
Address:
Contractor Name:
Address:
License #:
Phone:
I attest that I, or a member of my staff, personally inspected the above-mentioned property and
produced the attached itemized list of repairs, reconstruction and/or remodeling. This list is submitted
for a Substantial Damage or Improvement Review. These damages/improvements are ALL OF THE
DAMAGES / IMPROVEMENTS sustained by this structure, and that all additions, improvements or
repairs proposed on the subject building are included in this estimate.
I understand that I am subject to enforcement and penalties if an inspection of the property reveals
that I have made repairs or improvements NOT INCLUDED ON THE ATTACHED LIST. This includes
any non-conforming or illegal structures/additions, or repairs made to the existing structure without
having presented plans for such work. I understand that any permit issued by the City of Clearwater
pursuant to this affidavit does not authorize the reconstruction, repair or maintenance of any illegal
additions, fences, sheds, or non-conforming uses or structures on the subject property.
(See Attached Itemized List)
Total Labor and Materials $.
Overhead & Profit $
Total
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me this day personally appeared
who, being duly sworn, deposes and says that he/she has read, understands, and agrees to comply
with all of the aforementioned conditions.
- 163 - Item # 25
Attachment number 2
Page 164 of 173
City of Clearwater
Floodplain Management Plan
Owner's Signature
Co-Owner's Signature
Date:
SWORN TO AND SUBSCRIBED before day of
me this
Florida
Notary Public-State of
Commission Expiration
Date
- 164 - Item # 25
Attachment number 2
Page 165 of 173
City of Clearwater
Floodplain Management Plan
Appendix K
Capital Improvement Stormwater Utility Project List
- 165 - Item # 25
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Attachment number 2
Page 173 of 173
City of Clearwater
Floodplain Management Plan
END OF REPORT
- 173 - Item # 25
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cc
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G
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AMP
SSNIN
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Q NN ?y
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D - 6- O O Q
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ENTER Q NH -z'-<-
Cl) oa a NO
V 1
19 G
w oa adHO?de
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m ?
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Q
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co
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co
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AMP
SJNIN OQ-
Q O
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S
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ENTER Q °N ti°
oN N3HS ?3a G
W ON N3HO738
ON N3HO?38 Q ON ,N3HS93
c9
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o
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W
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3Ab' ONb'1H91
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W
Q M W A1199
W
O
U 3/1 V33Nn vm7uv O 3NV? ti1138
O? !Q U
s< sn _..r.. ? lwsi-sr
lw 3nV ? sv snoa o ,; 3 nv Nno:
3nV Nr o Nr» i N3Him Nll2
t
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r
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Sn
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2 J
ro• P zl_ Q-
P
ENTER Q NN °y
ob d3HS13a
0
W O3 N PDD7 19
•• ............ ..,5......• W
ON N 3H?439 C) 243HO7
W
0 3nv s3 nsd3F
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0 d
..
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od • . 3N33? ? ab 3N33N
L
U
co
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o
Q
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'w `
a
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CL LU
61
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3nV
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OC73
iw ?-sn
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r
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cl)
o j j3H0
3a
G
a j j3HO?3e
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02j 2j 3H0?38 Q O y 02j 2431-10
m .
o ° c
J
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3nv s3mJNjIH m
° 0 m
w r 0 0
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3Ab'3>
w
v 0 1- Q 311 V b931dlvd 3Av GNVjPSIH
3Ab' ? ONb'1H
c O W
W
Z
Q
U
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AMP
SSNIN 0A- O
¢
co Q
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Y
6 °
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M W / 1138 W
O 3A v33Nnvmmv ?¢? .?• U O 3NV7 ti1138
?
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27 cl?
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SOS 14b61-sn
CD
.... I U
3M O NOSRj jb j
y
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w •;
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--- --- 6l_sn-- --...--.. ... ......
ENTER Q GL/ ?y
oa a3H3 ?3a
'.. . G24 N3HN038
...... ...... ..,5......• C r
GN N 3HS438 Q
? y GLI a3HS7
? L
W
Q z o s3?noa3
3AV
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Q
a
0
d
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co C/)• w
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4
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W
S
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z
? Z O W
z
z
cc
AMP
sJNIN GQ- O Z
Q
CO O
:
LU
G ' °
o Q N? n113G
?Q w a
O 3m v 33Nn vm7/i v ?? •''• U O 3NV? A113G
s< -sn 1w ;..:.- ?
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3/1 v sv?E)noo 0
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ro ?S
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P
: ENTER Q NH ?y
oa a3HO138 G
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m
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ONV-M;
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AMP
SJNIN OQ- O z
Q
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3nv svTsnoo
p?'3/IV NI' O NDI a3H1m NL
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Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the second amendment to the Alligator Creek Implementation Projects, Phase II (L054)and authorize the appropriate officials
to execute same. (consent)
SUMMARY:
The Southwest Florida Water Management District (SWFWMD) and the City of Clearwater entered into an agreement on October 14,
2003 to implement the Alligator Creek Channels A and G projects.
The agreement encumbered $2,500.000 SWFWMD funding to be matched with $2,500,000 of City funding for the implementation of
these projects.
Channel G (Fairwood Forest) has been constructed and the City is billing the SWFWMD for 50% of the construction costs.
The Channel A improvements project was designed and the Engineers Estimate is $6,900,000. Based on the projected flood level
improvement ( less than one foot at NE Coachman Road with two structures removed from the 100-year flood plain) it has been
determined that the benefits are not commensurate with the cost.
This amendment will release the $1,768,951 in SWFMD funding that was allocated for Channel A.
The Alligator Creek Watershed Management Plan will be revised, cost effective projects will be identified and the City will submit for
cooperative funding on these projects.
A third quarter amendment will reduce the budget of Capital Improvement Program (CIP) project 0315-96154, Alligator Creek
Implementation Projects Phase II, by $1,768,951 of SWFWMD grant funding being released.
Type:
Current Year Budget?:
Other
Yes Budget Adjustment:
Yes
Budget Adjustment Comments:
See summary
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
to
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 26
Attachment number 1
Page 1 of 5
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- if Item # 26
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the final plat for "Varsity Estates," physical address is 2400 Varsity Drive and is approximately 1200 feet West of Old
Coachman Road and 800 feet North of Sharkey Road. (consent)
SUMMARY:
* This is a plat of Metes and Bounds parcel 42/02
* The property is within the city limits of Clearwater consisting of 7.2 acres more or less.
*The final plat will create 12 single family lots.
*The proposed project was approved by the Development Review Committee on November 12, 2004.
* The property is zoned as Low Medium Density Residential (LMDR).
Review Approval: 1) Planning 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 27
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Ph: (727)562-4750, Fax: (727)526-4755
www. MyC learwater. com
Map Gen By: JHH
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Date: 8/31/2009
Grid #: 281 B
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Attachment number 2
Page 3 of 5
I, GEORGE A. SHIMP III, A FLORIDA PROFESSIONAL SURVEYOR AND
MAPPER, HEREBY CERTIFY THAT THE PROPERTY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO ENCOMPASSES ONE AND THE SAME
AS THE PROPERTY APPEARING IN THE LEGAL DESCRIPTION OF THE
PROPOSED PLAT ENTITLED "VARSITY ESTATES", DESCRIBED IN
EXHIBIT "B" ATTACHED HERETO.
GEORGE A. SHIMP III DATE
FLORIDA PROFESSIONAL SURVEYOR
AND MAPPER NO. 6137
SHEET 1 OF 3
JOB NUMBER: 060576A DATE SURVEYED: N/A
DRAWING FILE: 060576A.DWG DATE DRAWN: 8-19-2009
LAST REVISION: N/A X REFERENCE: N/A
/Tr-T\ GEORGE A. SHIMP II
AAM ArrnrrAWC TAT/"nADnAAgW7)
LEGAL DESCRIPTION
PARCEL 1:
A PART OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 7,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA: BEING FURTHER DESCR ,,A!? number 2
FOLLOWS: FROM THE NORTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF SAID SECWN 4
RUN THENCE S89'59'16"E, ALONG THE EAST-WEST ONE-HALF SECTION LINE, 8.12 FEET FOR THE
POINT OF BEGINNING: THENCE CONTINUE S89'59'16"E, ALONG THE EAST-WEST ONE-HALF SECTION
LINE, 497.39 FEET, THENCE S00'00'44"W, 600.00 FEET, THENCE N89'59'16"W, 502.95 FEET, THENCE
N00-32'35"E, 600.03 FEET TO THE POINT OF BEGINNING.
AND
PARCEL 2:
PART OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE
16 EAST, PINELLAS COUNTY, FLORIDA, FURTHER DESCRIBED AS FOLLOWS: FROM THE NORTHWEST
CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 7, RUN S89-59'16"E, ALONG THE EAST-WEST
ONE-HALF SECTION LINE, 8.12 FEET; THENCE S00'32'35"W, 600.03 FEET, THENCE S89'59'16"E,
211.60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S89'59'16"E, 291.35 FEET, THENCE
S00'00'44"W, 71.62 FEET, THENCE S89'53'31"E, 165.52 FEET; THENCE S00'48'51"W, 461.96 FEET,
THENCE N89'47'45"W, 484.16 FEET, THENCE N03'38'27"E, 533.26 FEET TO THE POINT OF BEGINNING.
LESS
A PARCEL OF LAND IN THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF
LOT 45, COLLEGE HILL ESTATES SUBDIVISION, AS RECORDED IN PLAT BOOK 64, PAGE 44, OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: THENCE N03'38'27"E, ALONG THE EAST LINE OF
SAID SUBDIVISION, 8.11 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N03'38'27"E, 52.00
FEET TO THE NORTHEAST CORNER OF VARSITY DRIVE; THENCE S89'59'16"E, 90.32 FEET, THENCE
S00-25'52"E, 71.28 FEET, THENCE S89-53'31"E, 366.86 FEET, THENCE S00-48'51"W, 461.96 FEET.,
THENCE N89'47'45"W, 485.01 FEET, THENCE N03'38'27"E, ALONG THE EAST LINE OF SAID COLLEGE
HILL ESTATES AND ITS SOUTHERLY EXTENSION, A DISTANCE OF 363.61 FEET, THENCE S86'27'46"E,
42.45 FEET, THENCE N00'25'52"W, 120.00 FEET, THENCE N89'57'06"W, 34.00 FEET TO THE POINT OF
BEGINNING.
ALSO LESS
THAT PORTION OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 7,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER
OF LOT 45, COLLEGE HILL ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
64, PAGE 44, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE RUN N03'38'27"E,
ALONG THE EAST LINE OF SAID SUBDIVISION, 8.11 FEET, THENCE S89'57'06"E, 34.00 FEET, THENCE
S00'25'52"E, 120.00 FEET, THENCE N86'27'46"W, 42.45 FEET TO THE EAST LINE OF SAID
SUBDIVISION; THENCE N03'38'27"E, ALONG THE EAST LINE OF SAID SUBDIVISION, 109.53 FEET TO
THE POINT OF BEGINNING.
SHEET 2 OF 3
JOB NUMBER: 060576A DATE SURVEYED: N/A
DRAWING FILE: 060576A.DWG DATE DRAWN: 8-19-2009
LAST REVISION: N/A X REFERENCE: N/A
/Tr-T\ GEORGE A. SHIMP II
AAM ArrnrrAWC TAT/"nADnAAgW7)
Attachment number 2
Page 5 of 5
LEGAL DESCRIPTION - (PROPOSED VARSITY ESTATES)
A PORTION OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP
29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 7,
TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE S.89-59'16"E. ALONG THE EAST-WEST
CENTERLINE OF SAID SECTION 7, A DISTANCE OF 8.12 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE S.89'59'16"E. ALONG SAID EAST-WEST CENTERLINE OF SECTION 7, A
DISTANCE OF 497.39 FEET, THENCE S.00'00'44"W., A DISTANCE OF 671.62 FEET, THENCE
N.89'53'31 "W., A DISTANCE OF 201.34 FEET, THENCE N.00-25'52"W., A DISTANCE OF
71.28 FEET, THENCE N.89'59'14"W. ALONG THE NORTH RIGHT-OF-WAY OF VARSITY
DRIVE, AND ITS EASTERLY EXTENSION THEREOF, A DISTANCE OF 301.06 FEET TO THE
SOUTHEAST CORNER OF LOT 46, COLLEGE HILL ESTATES, AS RECORDED IN PLAT BOOK
64, PAGE 44, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE
N.00'32'35"E. ALONG THE EAST BOUNDARY OF SAID LOT 46 AND ALONG THE EAST
BOUNDARY OF LOT 25, HILLCREST ESTATES FIRST ADDITION, AS RECORDED IN PLAT
BOOK 63, PAGE 48, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A
DISTANCE OF 600.03 FEET TO THE POINT OF BEGINNING.
CONTAINING 314,509.91 SQUARE FEET OR 7.22 ACRES, MORE OR LESS.
SHEET 3 OF 3
JOB NUMBER: 060576A DATE SURVEYED: N/A
DRAWING FILE: 060576A.DWG DATE DRAWN: 8-19-2009
LAST REVISION: N/A X REFERENCE: N/A
/Tr-T\ GEORGE A. SHIMP II
AAM ArrnrrAWC TAT/"nADnAAgW7)
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Accept a 35 foot perpetual Drainage and Utility Easement and a 20 foot Temporary Construction Easement over, under and across
portions of Government Lot 2, Section 20, Township 29 South, Range 16 East, as more particularly described therein, conveyed by G
and I VI Bay Cove, LLC, a Delaware limited liability company, each given in consideration of receipt of $1.00 and the benefits to be
derived therefrom. (consent)
SUMMARY:
The City is preparing to construct the Tropic Hills Phase 1 Project. This phase will stabilize and provide additional capacity to the
existing outfall from US 19 to Tampa Bay.
The subject 20 foot Temporary Construction Easement, that also includes an approximately 47' X 72' southerly extension at its westerly
limits, provides access for workers and vehicles over a portion of the adjoining paved drive and parking area of Bay Cove Apartments.
This 12 month authority commences with the project start date and will facilitate phased construction activities within the project limits.
It is estimated that 250 days will be required to complete the entire project.
The perpetual 35 foot Drainage and Utility Easement, coupled with an existing and abutting 10 foot Drainage and Utility Easement
along its northerly boundary, will provide the City full 45 foot easement authority within which to construct and forever maintain the
drainage improvements.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 28
Attachment number 1
Page 1 of 5
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Prepared by:
Outside CLWTR City limits
Engineering Department Ite m # 2&
Geographic Technology Division
100S . Myrtle Ave, Clearwater, FL 33756
Ph: (727)5624750, Fax: (727)526-4755 Map Gen By: JHH Reviewed By: EB Date: 8/21/2009 Grid #: 310A S-T-R: XX-XXs-XXe Scale: N.T.S.
www. MyC learwater. com
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Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Discussion of the Pinellas County Draft Landscape Maintenance Fertilizer Use Ordinance
SUMMARY:
Pinellas County is considering an ordinance to limit the use of fertilizers containing the nutrients nitrogen and/or phosphorous during
the wet season. Nutrient-laden runoff fosters undesirable plant and algae growth in receiving water bodies resulting in poor water
quality. Tampa Bay and Stevenson Creek have been identified by the US EPA as impaired as a result of excess nutrients. To limit the
amount of nutrients that runoff during the wet season, the draft ordinance includes the following provisions:
The sale of fertilizer containing nitrogen and/or phosphorous from June 1 through September 30 will be prohibited. During that
time period it is anticipated that vendors will sell summer blend fertilizers that do not contain the subject nutrients.
Limit the amount of total nitrogen and/or phosphorous that can be applied in a 12 month period.
Prohibit the application of fertilizer within ten feet of a water body top of bank or seawall.
Provide training and a licensing mechanism for landscape professionals.
Provide a one year period for education and training before the ordinance becomes effective.
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 # 29
Attachment number 1
Page 1 of 9
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Item # 29
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Determine that continued City ownership of an 18.18 acre portion of Hillsborough County parcel U-19-27-ZZZ-000000-13530.0,
together with access from Patterson Road, no longer serves a valid public purpose; declare said parcel as surplus for the purpose of
selling, and authorize advertising for bid in the minimum amount of $240,000 net, less costs of recording corrective instruments, if any,
pursuant to Invitation For Bid 23-09.
SUMMARY:
The City has leased the subject parcel, a portion of its 444 acre Hillsborough County "Sludge Farm" to the Silver Dollar Trap Club since
1994. The club has improved the parcel with three of its thirteen trap shooting stands.
In December 2008 Council approved a Lease Modification Agreement and other instruments authorizing extension of the 15-year lease
term for one additional year through February 13, 2010.
Lease Article 21 (Environmental Matters) requires the Lessee to perform an environmental audit of the parcel upon lease termination
and, if necessary, remediate any environmental impacts created during the lease term in excess of the baseline established at lease
inception.
During its term, lease Article 22 (Right of First Refusal to Purchase) grants Lessee the right of first refusal to submit a cash price
purchase bid equal to or exceed any other cash price purchase bid made during the advertised bid period. The Right of First Refusal
terminates with the lease.
On May 22, 2009 Crockett and Associates Appraisers, Inc. prepared a current market value appraisal of the subject 18.18 parcel. Based
on a SWFWMD 1989 aerial map with contours the appraiser estimates the parcel contains approximately 8 acres of upland pasture, the
balance being wetlands lying within a FEMA established "Special Flood Hazard Area."
The appraiser concluded the highest and best us of the parcel, with 40-foot wide access from Patterson Road, is likely to be a landscape
nursery, and that its present market value as such is estimated to be $240,000.
Invitation For Bid 23-09 will be advertised in compliance with purchasing regulations soliciting market interest in the parcel in
accordance with terms and conditions established therein, and applicable provisions of the existing lease with the Silver Dollar
Trap Club.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 30
Attachment number 1
Page 1 of 15
Clearwater
SUBJECT:
PROPERTY:
ISSUE DATE:
MAIL BID TO:
DELIVER BID TO:
BID MUST BE RECEIVED
NOT LATER THAN:
INVITATION FOR BID 23-09
SALE OF SURPLUS PROPERTY
18.18-AC. AGRICULTURAL PARCEL
W/ 0.545 ACRE ACCESS EASEMENT
SEPTEMBER 21, 2009
CITY OF CLEARWATER
PURCHASING DIVISION
P. O. BOX 4748
CLEARWATER, FL. 33758-4748
CITY OF CLEARWATER
PURCHASING DIVISION
100 SOUTH MYRTLE AVENUE
CLEARWATER, FL. 33756
THURSDAY
OCTOBER 21, 2009 - 10:00 A.M.
THURSDAY
BID OPENING:
NOTE:
OCTOBER 21, 2009 - 11:00 A.M.
BID MAY NOT BE WITHDRAWN
WITHIN 60 DAYS AFTER SUCH
TIME AND DATE.
Item #130
Attachment number 1
Page 2 of 15
INVITATION FOR BID 23-09: INFORMATION PACKAGE
THE INFORMATION CONTAINED HEREIN IS PROVIDED TO PROSPECTIVE
BIDDERS OF SURPLUS REAL PROPERTY OFFERED FOR SALE BY THE CITY OF
CLEARWATER, FLORIDA (HEREIN, "CITY'), LEGALLY DESCRIBED AS:
Part of the Southeast'/4 of Section 19, Township 27 South, Range 17
East, Hillsborough County, Florida, said part being more particularly
described as follows:
Commence at the Southeast corner of said Section 19, Then
S89°24'37" West, 1479.66 feet along the South Boundary of the
aforesaid Southeast '/4 of Section 19 to the POINT OF BEGINNING;
thence continue S89°2437" West, 300.00 feet along the South
Boundary of the aforesaid Southeast '/4; thence N00°0100" East,
2638.35 feet; thence N89°2437" East, 300.00 feet; thence S00°0100"
West, 2639.35 feet to the POINT OF BEGINNING.
Containing 18.18 Acres, more or less,
TOGETHER WITH a 25 Access Easement abutting platted 15' right of
way, being a portion of the Northeast '/4 of Section 19, Township 27
South, Range 17 East, Hillsborough County, Florida, preliminarily
and subject to field survey, being more particularly described as
follows:
Commence at the Southwest corner of the Northeast '/4 of the
aforesaid Northeast '/4 of Section 19, run thence East 155.00 feet,
more or less, to the Southwest corner of Tract 13, KEYSTONE PARK
COLONY, according to the map or plat thereof as recorded in Plat
Book 5, Page 55, Public Records of Hillsborough County, Florida;
thence N02°40'05" East, 15.00 feet to the POINT OF BEGINNING;
thence continue N02°40'50" East, 25.00 feet; thence East 950.00 feet,
more or less; then S02°40'50" West, 25.00 feet to the north boundary
of a 15 foot platted right-of-way along the south boundary of Tracts
13 and 14, KEYSTONE PARK COLONY, thence West 950.00 feet,
more or less, along said right-of-way to the POINT OF BEGINNING.
Containing 23,750 Sq. Ft. (0.545 Ac.), more or less.
SITE ANALYSIS
PLOT SIZE: 18.18 Acres, (MOL)
IMPROVEMENTS: PROPERTY IS CURRENTLY IMPROVED WITH THREE
SHOOTING STANDS THAT FORM THE EASTERLY
IMPROVEMENTS EXTENDING FROM THE ADJOINING
SILVER DOLLAR TRAP CLUB ABUTTING ON THE WEST.
Item #230
Attachment number 1
Page 3 of 15
TOPOGRAPHY: PROPERTY IS MOSTLY LEVEL, APPROXIMATELY 40%
AGRICULTURAL PASTURELAND AND 60% CYPRESS
WETLANDS.
ZONING/LAND USE: THE PARCEL IS LOCATED IN THE ODESSA AREA OF
NORTHWEST HILLSBOROUGH COUNTY. PRESENT
ZONING IS "AR" (AGRICULTURAL RESIDENTIAL). THE
FUTURE LAND USE DESIGNATION IS "AR-1/5"
(AGRICULTURAL/RURAL - 1/5). RURAL-SCALE OFFICE,
COMMERCIAL AND INDUSTRIAL USES ARE PERMITTED
IN THIS FUTURE LAND USE DISTRICT.
UTILITIES: WATER - WELL ONLY (COUNTY HAS A LINE ON WEST
SIDE OF PATTERSON RD. ABOUT 4800 FEET SOUTH).
SEWER - SEPTIC (COUNTY HAS A LINE ABOUT 4800
FEET SOUTH).
ELECTRIC - TAMPA ELECTRIC COMPANY (TECO)
NATURAL GAS - NONE AT SITE.
POLICE & FIRE PROTECTION - HILLSBOROUGH
COUNTY.
FLOOD MAP:
MILLAGE RATE,
2008 GROSS TAXES
COMMUNITY PANEL NO. 12057CO160H (REV. 8/28/08)
SUBJECT PARCEL APPEARS TO BE IN FLOOD-HAZARD
ZONES "AE" AND "C" WITH THE MAJORITY BEING "AE".
FLOOD HAZARD INSURANCE WILL LIKELY BE
REQUIRED IF PROPERTY IS PURCHASED USING
BORROWED FUNDS THAT INCLUDE CONSTRUCTION
FUNDS FOR BUILDING IMPROVEMENTS.
2008 MILLAGE RATE - 20.4117 PER $1000
$4409 - 4899 PER HILLSBOROUGH "TAX ESTIMATOR".
(NOTE: PROPERTY PRESENTLY TAX EXEMPT)
MINIMUM BID AMOUNT: $240,000 - NET, LESS COSTS OF RECORDING
CORRECTIVE INSTRUMENTS, IF ANY
RIGHTS RESERVED: THE CITY OF CLEARWATER RESERVES THE
RIGHT TO REJECT ALL BIDS.
CONTRACT FORM: CONTRACT FOR SALE OF REAL PROPERTY BY
THE CITY OF CLEARWATER, FLORIDA
(SEE "***DRAFT ONLY' ATTACHED)
OTHER EXHIBITS PROPERTY PHOTOGRAPHS, MAPS, BID RESPONSE
FORM
Item #330
Attachment number 1
Page 4 of 15
FOR FURTHER INFORMATION
CONTACT: EARL BARRETT, REAL ESTATE SERVICES MGR.
CLEARWATER MUNICIPAL SERVICES BUILDING
100 SOUTH MYRTLE AVENUE, SUITE 220
CLEARWATER, FLORIDA 33756
PHONE/FAX: (727) 562-4754 (727) 562-4755
*DISCLAIMER*
ALL INFORMATION CONTAINED HEREIN HAS BEEN OBTAINED FROM SOURCES DEEMED RELIABLE. NONE OF THE
INFORMATION, HOWEVER, IS WARRANTED BY THE CITY OF CLEARWATER, IT'S EMPLOYEES, AGENTS,
CONTRACTORS, OR ANYONE ACTING BY, FOR OR ON BEHALF OF THE CITY OF CLEARWATER.
ANY BIDDER WHO SUBMITS A BID TO THE CITY OF CLEARWATER PURCHASING DEPARTMENT PURSUANT TO
INFORMATION, TERMS, CONDITIONS AND RESERVATIONS CONTAINED HEREIN, SHALL BE DEEMED TO HAVE
INDEPENDENTLY VERIFIED TO HIS OR HER SATISFACTION ALL INFORMATION UPON WHICH THE BIDDER IS RELYING
IN MAKING SUCH SUBMITTAL.
A BID SUBMITTAL IN NO WAY OBLIGATES THE CITY OF CLEARWATER TO ACCEPT SUCH BID, NOR DOES SUCH BID
SUBMITTAL REPRESENT ANY OBLIGATION ON THE PART OF THE CITY TO ENTER INTO A PURCHASE & SALE
CONTRACT WITH ANY BIDDER EXCEPT AS DETERMINED SOLELY BY THE CITY. ANY PURCHASE & SALE CONTRACT
DEVELOPED BY MUTUAL AGREEMENT BETWEEN A SUCCESSFUL BIDDER AND THE CITY, THROUGH THE CITY'S
EMPLOYEES, AGENTS, CONTRACTORS OR DESIGNEES, SHALL HAVE NO LEGAL VALIDITY UNTIL SUCH TIME AS IT
HAS BEEN APPROVED AND ACCEPTED BY THE CLEARWATER CITY COMMISSION IN A REGULARLY SCHEDULED
PUBLIC MEETING AND EXECUTED BY DULY AUTHORIZED CITY OFFICIALS.
Item #1W
Attachment number 1
Page 5 of 15
***DRAFT ONLY***
***DO NOT COMPLETE AND RETURN***
CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein
"Seller" or "City"), P. O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: City Manager, Phone:
(727) 562-4050, and (herein "Buyer"), of
, Florida , Phone: U (collectively "Parties"), hereby
agree that the Seller shall sell and Buyer shall buy the following real property ('Real Property") and personal
property ('Personalty") (collectively "Property") upon the following terms and conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY
AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT.
Time periods of 5 days or less shall be computed without including Saturday,
Sunday, or national legal holidays and any time period ending on a Saturday,
Sunday or national legal holiday shall be extended until 5:00 P.M. of the next
business day.
1. PROPERTY DESCRIPTION
Part of the Southeast '/4 of Section 19, Township 27 South, Range 17 East,
Hillsborough County, Florida, said part being more particularly described as
follows:
Commence at the Southeast corner of said Section 19, Then S89°2437"
West, 1479.66 feet along the South Boundary of the aforesaid Southeast '/4
of Section 19 to the POINT OF BEGINNING; thence continue S89°2437"
West, 300.00 feet along the South Boundary of the aforesaid Southeast '/4;
thence N00°0100" East, 2638.35 feet; thence N89°2437" East, 300.00 feet;
thence S00°0100" West, 2639.35 feet to the POINT OF BEGINNING.
Containing 18.18 Acres, more or less
TOGETHER WITH a 25' Access Easement abutting platted 15' right of way,
being a portion of the Northeast'/4 of Section 19, Township 27 South, Range
17 East, Hillsborough County, Florida, preliminarily and subject to field
survey, being more particularly described as follows:
Commence at the Southwest corner of the Northeast '/4 of the aforesaid
Northeast '/4 of Section 19, run thence East 155.00 feet, more or less, to the
Southwest corner of Tract 13, KEYSTONE PARK COLONY, according to the
map or plat thereof as recorded in Plat Book 5, Page 55, Public Records of
Hillsborough County, Florida; thence N02°40'05" East, 15.00 feet to the
POINT OF BEGINNING; thence continue N02°40'50" East, 25.00 feet; thence
East 950.00 feet, more or less; then S02°40'50" West, 25.00 feet to the north
boundary of a 15 foot platted right-of-way along the south boundary of
Tracts 13 and 14, KEYSTONE PARK COLONY, thence West 950.00 feet,
more or less, along said right-of-way to the POINT OF BEGINNING.
Item #?80
Attachment number 1
Page 6 of 15
Containing 23,750 Sq. Ft. (0.545 Ac.), more or less.
STREET ADDRESS (City/State/Zip): None - Unimproved Land, Odessa, Florida 33556
PERSONALTY: None to be conveyed
2. FULL PURCHASE PRICE .............................................................................$
3. MANNER OF PAYMENT
Total amount to be paid at closing in U.S. funds, cash, certified or
cashier's check, subject to adjustments and prorations ....................................$
4. TIME FOR ACCEPTANCE
Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall
remain unchanged and be held unconditionally open for a period of 60 days following delivery in duplicate
original to Earl Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and
approval, or rejection by action of the Clearwater City Council ("Council'). If this agreement is accepted and
approved by the Council, it will be executed by duly authorized City officials and delivered to Buyer within 15
days thereafter. If the Council upon initial presentation rejects this contract, this contract shall be null and
void in all respects and Buyer shall be so informed in writing within 5 days of such action.
5. TITLE
Seller shall convey marketable title to the Property by Special Warranty Deed, subject only to matters
contained in Paragraph 6 and those otherwise accepted by Buyer. Otherwise title shall be free of liens,
easements and encumbrances of record or known to Seller, but subject to property taxes for the year of
closing, if any; covenants, restrictions and public utility easements of record; and no others; provided there
exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the
Property infill residential development.
6. TITLE EVIDENCE
Buyer may, at Buyer expense and within 10 days prior to closing date obtain a title insurance commitment
issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set
forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey
a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract.
Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and
in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is
found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove
the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing
from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title
within the time provided therefore, including the bringing of necessary suits.
7. CERTAIN RIGHTS RESERVED
As required by Section 270.11, Florida Statutes, the Seller reserves unto itself and its successors an
undivided three-fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4) interest in, all the
phosphate, minerals, and metals that are or may be in, on or under the real property described herein, and
an undivided one-half (1/2) interest in all the petroleum that is or may be in, on, or under said property with
the privilege to mine and develop the same. If the real property being conveyed hereunder is less than 20
contiguous acres, is presently developed and/or there exists future development plans, and there is little
likelihood of the presence of any of the minerals or petroleum contemplated by Section 270.11, Florida
Statutes, in all such instances the City expressly releases the above described rights. Buyer petition for
such release is evidenced by execution of this contract.
Item #(i0
Attachment number 1
Page 7 of 15
8. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have
Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land
surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real
Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract
covenants or applicable governmental regulation, the same shall constitute a title defect. NOTICE: Parcel is
located within Special Flood Hazard Areas "AE" and "C", with the majority in the former,
Community Flood Map Panel #12057COl60H (08/28/2008)
9. CLOSING PLACE AND DATE
Seller shall designate closing agent and this transaction shall be closed in the offices of the designated
closing agent in Pinellas County, Florida, on or before 30 days following Effective Date, unless extended
by other provisions of this contract. If either party is unable to comply with any provision of this contract
within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent
efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to
45 days without effect upon any other term, covenant or condition contained in this contract.
10. CLOSING DOCUMENTS
Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgage
estoppel letters, if applicable and required, and corrective instruments as applicable to this transaction.
Buyer shall furnish closing statement.
11. CLOSING EXPENSES
Recordation of the deed and Documentary stamps on the deed, unless this transaction is exempt under
Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Seller shall pay the costs of recording any
corrective instruments.
12. PRORATIONS: CREDITS
If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such
expenses and revenue shall be prorated through the day before closing. If the amount of taxes and
assessments for the current year cannot be ascertained, rates for the previous year shall be used with due
allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third
parties in occupancy of the Property shall be credited to Buyer at time of closing. Assessments for any
improvements that are substantially complete at time of closing shall be paid in full by Seller.
13. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and
tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no
warranties other than as disclosed herein and marketability of title. Buyer's covenant to purchase the
Property "as is" is more specifically represented in either subparagraph a. or b. as marked [X].
a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in
its present "as is" condition.
[X] As Is With Right of Inspection: Buyer may, at Buyer expense and within 28 days from Effective
Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of
the Property Buyer deems necessary to determine suitability for Buyer's intended use. Seller shall
grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the
purposes of conducting the inspections provided, however, that all such persons enter the Property
and conduct the inspections and investigations at their own risk. Seller will, upon reasonable
notice, provide utilities services as may be required for Buyer's inspections and investigations.
Buyer shall not engage in any activity that could result in a mechanics lien being filed against the
Property without Seller's prior written consent. Buyer may terminate this contract by written notice
Item #730
Attachment number 1
Page 8 of 15
to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal
conditions that are reasonably unsatisfactory to Buyer, unless Seller elects to repair of otherwise
remedy such conditions to Buyer satisfaction. If this transaction does not close, Buyer agrees, at
Buyer expense, to repair all damages to the Property resulting from the inspections and
investigations and return the Property to its present condition.
14. SELLER HELD HARMLESS
Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages,
costs, including attorney's fees, claims of injury to or death of any person(s), any damage to property of
Buyer, or the Property, and from and against any and every liability to any person arising from Buyer
conduct of inspections, investigations and any other work performed pursuant to Paragraphs 8 and 13
above.
15. RISK OF LOSS [WHEREAPPLICABLEI
If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed
3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the
Seller and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at
closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged,
Buyer shall have the option of taking the Property "as is", together with either the 3% or any insurance
proceeds payable by virtue of such loss or damage, or of canceling this contract.
16. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's
attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and
after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer,
without any encumbrances or change which would render Seller's title unmarketable from the date of the
last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within
the 5-day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of
receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on
behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned
to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property
and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer
shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be
available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure
required by this provision may be waived if title agent insures adverse matters pursuant to Section
627.7841, F.S. (1987), as amended.
17. DEFAULT
If Buyer fails to perform this contract within the time specified (including payment of all deposit(s)), the
deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated
damages, consideration for the execution of this contract and in full settlement of any claims; whereupon,
Buyer and Seller shall be relieved of all obligations under this contract; or Seller, at Seller option, may
proceed in equity to enforce Seller's rights under this contract. If, for any reason other than failure of Seller
to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this contract,
the Buyer may seek specific performance or elect to receive the return of Buyer deposit(s) without thereby
waiving any action for damages resulting from Seller's breach.
18. RADON GAS NOTIFICATION
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county public health unit.
Item #e30
Attachment number 1
Page 9 of 15
19. CONTRACT NOT RECORDABLE: PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall include all.
20. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
United States Mail, properly stamped and addressed to the respective party to be notified, including the
parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in
any way act at the behest of the parties to satisfy all terms and conditions of this contract.
21. ASSIGNABILITY; PERSONS BOUND
This contract is [ ] assignable [ ] not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may
be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives,
successors and assigns (if assignment is permitted).
22. ATTORNEY FEES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
23. NO BROKER
Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the
transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage,
liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined
that the other party has dealt with in contravention of this agreement; except, however, that total City
obligations under this provision shall be subject to the limits and restrictions of the Florida sovereign
immunity statute, F.S. 768.28.
24. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
25. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any
other provision. In the event that any provision of this contract is held to be invalid, the parties agree that
the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both
parties subsequent to the expungement of the invalid provision.
26. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida.
27. COUNTERPARTS: FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsimile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be
deemed an original.
Item #930
Attachment number 1
Page 10 of 15
28. SPECIAL CLAUSES
[ ] Not applicable, OR [ ] An Addendum containing special clauses that constitute agreements and
covenants between the parties is attached to and an integral part of this contract and without further
acknowledgment is confirmed and accepted by the parties. When any special clause in the Addendum is in
conflict with any provision contained elsewhere in this contract, then the special clause shall govern.
29. MERGER BY DEED
All covenants, warranties, and representations contained herein shall merge with the deed at time of
closing. Upon delivery of deed by the City, and acceptance thereof by Buyer, the Buyer shall hold the City
forever harmless thereafter.
30. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the
parties, shall supersede any and all prior and contemporaneous written and oral promises, representations
or condition in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged
herein. Any changes to be made in this agreement shall only be valid when expressed in writing,
acknowledged by the parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY
UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR
LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO
SIGNING.
BUYER: (Insert Name)
Date: 12009.
By:
Print Name
Title
APPROVED AND ACCEPTED THIS day of 12009.
Countersigned: CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard, Mayor
By:
William B. Horne, II, City Manager
Approved as to form:
Laura Lipowski, Assistant City Attorney
ATTEST:
Cynthia E. Goudeau, City Clerk
Item 4080
Attachment number 1
Page 11 of 15
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Item 4130
Attachment number 1
Page 12 of 15
Attachment number 1
Page 13 of 15
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Item 4230
Attachment number 1
Page 14 of 15
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Attachment number 1
Page 15 of 15
BID RESPONSE FORM (23 - 09)
PROPERTY DESCRIPTION
18.18 acre portion of Hillsborough County Parcel U-19-27-17-ZZZ-000000-13530.0,
together with access easement containing 0.545 Ac., more or less, as more
particularly described in Invitation For Bid, Page 2
BID AMOUNT: $
FOR QUESTIONS REGARDING THIS BID, CONTACT:
EARL BARRETT - REAL ESTATE SERVICES MANAGER
PHONE: (727) 562-4754 FAX: (727) 562-4755
F. O. B. CLEARWATER, FLORIDA
BIDDER REPRESENTATION
I represent that this bid is submitted in compliance with all terms, conditions,
specifications and other bid criteria of the INVITATION FOR BID and that I am
submitting this bid on my own behalf or am authorized by the prospective
owners/principals to execute and submit this bid on behalf of the entities
identified below:
INDIVIDUAL OR BUSINESS NAME
STREET ADDRESS
CITY/STATE/ZIP
PRINT/TYPE NAME OF
AUTHORIZED REPRESENTATIVE
(if applicable)
DATE BID SUBMITTED
FEDERAL IDENTIFICATION NO.
(IF APPLICABLE)
SIGNATURE OF
AUTHORIZED REPRESENTATIVE
(if applicable)
TELEPHONE NUMBER
SUBMITTAL INSTRUCTIONS
1. RETURN "BID RESPONSE FORM" ONLY.
2. ADDRESS TO PURCHASING DIVISION AS SHOWN ON BID COVER PAGE
3. IDENTIFY "RESPONSE: INVITATION FOR BID 23-09" ON ENVELOPE
Item #-?80
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Accept a 120 square foot Water Main and Utilities Easement over, under and through a portion of the Southeast 1/4 of Section 29,
Township 28 South, Range 16 East conveyed by the School Board of Pinellas County, Florida, in consideration of receipt of $1.00 and
the benefits to be derived therefrom. (consent)
SUMMARY:
Heritage United Methodist Church has submitted plans for a Comprehensive Infill Redevelopment Project to redevelop the southerly
five acres of its nearly 13 acre place of worship at 2680 Landmark Drive.
The proposed redevelopment will include demolition of an existing metal building to permit construction of an 11,500 square foot one
story Fellowship Hall and connecting 37,720 square foot two-story Educational Facility. The site plan also proposes erection of a
temporary modular educational facility and expanded parking totaling 404 spaces.
The redevelopment parcel abuts the northerly boundary of Leila G. Davis Elementary School, 2630 Landmark Drive. An existing 8-
inch water main extends along this mutual boundary on the school parcel and provides adequate capacity to serve both the school and
the proposed Heritage UMC redevelopment.
The Pinellas County School Board has conveyed the subject easement to permit the necessary water main interconnect to provide
potable water to the new buildings and hydrants in the forthcoming redevelopment project.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 31
Attachment number 1
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Prepared by: Outside CLWTR City limits
Engineering Department Ite m # 31s
Geographic Technology Division
100S . Myrtle Ave, Clearwater, FL 33756
Ph: (727)5624750, Fax: (727)526-4755 Map Gen By: JHH Reviewed By: EB Date: 8/11/2009 Grid #: 222B S-T-R: XX-XXs-XXe Scale: N.T.S.
www. MyC learwater. coin
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the amendment of the Capital Improvement Program (CIP) for Water and Sewer by reducing CIP budgets by $12,000,000 of
water and sewer revenue. (consent)
SUMMARY:
On June 19, 2008 the Council passed Ordinance 7913-08 amending the Water Sewer Utility rates through fiscal year 2012. The
amended rates provide funding for utility operations, debt service and capital projects.
An interim rate study analysis was performed and completed in April 2009 in preparation of bond issuance.
2009
A new bond issue for capital improvements for Fiscal Years 2007, 2008 and 2009 was completed and available for sale in June
Third quarter budget amendments will provide sufficient funding for 2009 projects and required maintenance while eliminating
the need of already approved revenue funding.
The proposed Water and Sewer Capital Improvement Program budget is the result of analysis and prioritization of projects by the
Public Utilities Department and the Engineering Staff and has been applied in the rate study analysis.
The proposed changes are to realign the Capital Improvement Program Budget with the Rate Study eliminating the need for
changes in the planned rate structure.
Water & Sewer Capital Improvement Program (CIP)
Project Name Decrease Increase
Biosolids Treatement $ 700,000.00 $
WWTP Generator Replacements 225,000.00
Sanitary Sewer Relocation Accommodation 600,000.00
Facility Upgrade & Improvements 468,830.00
WPC R & R 500,000.00
Pump Station Replacement 2,300,000.00
Reclaimed Water Distribution 2,883,242.07
Water Supply/Treatment 520,002.01
System R & R (Capitalized) 1,496,495.88
Line Relocation - Capitalized 547,638.70
Well Rehabilitation 493,743.26
Fluoride in Water System 206,000.00
Telemetry for Wells 389,048.08
Wellfield Expansion 670,000.00
Contribution to CIP - Wastewater Collection 758,520.00
Contribution to CIP - WPC Plant Operations 532,750.00
Contribution to CIP - Water Distribution 4,172,100.00
CIP Fund Transfer In 6,536,630.00
$ 12,000,000.00 $ 12,000,000.00
Cover Memo
Item # 32
Type: Other
Current Year Budget?: Yes Budget Adjustment: Yes
Budget Adjustment Comments:
Current Year Cost: Annual Operating Cost:
Not to Exceed: Total Cost:
For Fiscal Year: to
Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City
Approval: Manager 7) Clerk
Cover Memo
Item # 32
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve amendments to the Community Development Code to create a new resort attached dwellings use in the Tourist District, and to
establish criteria addressing accessory uses for overnight accommodations in the Commercial and Tourist Districts, and pass Ordinance
8044-09 on first reading. (TA2009-01004)
SUMMARY:
The Planning Department is proposing amendments to the Community Development Code that address two issues: the creation of a
new "resort attached dwellings" use within the Tourist District and the addition of criteria to address accessory uses within overnight
accommodations uses in the Commercial and Tourist Districts. The details of the amendments are outlined below:
New Resort Attached Dwellings Use:
• Density limited to residential density of 30 units per acre;
• Limited accessory uses are allowed;
• No exterior signage related to accessory uses permitted;
• Defines "Dwellings, resort attached" within Section 8-102.
Accessory Use Requirements for Overnight Accommodations in the Commercial and Tourist Districts:
• Provides definition and limitations for the overall area accessory uses can comprise within an overnight accommodation project;
• Requires accessory uses to be incidental, subordinate, and customarily accessory to overnight accommodations;
• Excludes exterior uses, such as pools and tiki bars, from accessory floor area limitations;
• Establishes a maximum floor area for those accessory uses located within the building interior, limiting them to 10 percent of the
gross floor area of the development, or up to 15 percent of the gross floor area if additional parking is provided for the portion of
accessory uses that exceeds 10 percent;
• Implements criteria in Beach by Designrelated to accessory uses by requiring projects that request rooms from the Hotel Density
Reserve (Reserve) and also propose interior accessory uses that comprise between 5 percent and 15 percent of the building gross
floor area to decrease their development potential from the Reserve in proportion to the amount of accessory uses exceeding 5
percent;
• Considers all interior accessory uses additional primary uses when determining the development potential and parking
requirements for a project when accessory uses exceed 15 percent of the building gross floor area;
• Requires signage for accessory uses to be subordinate to and incorporated into the primary signage for the overnight
accommodation use, and limited area;
• Exempts developments that have received additional density from the Destination Resort Density Pool in Beach by Design from
the new requirements.
The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of August 18, 2009. The Board
unanimously recommended the amendment for approval, requesting that staff provide Council with information regarding flag
requirements for accessory uses. Staff is trying to collect such information and will provide you with any information obtained either
prior to or at the Council work session.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 33
Attachment number 1
Page 1 of 13
ORDINANCE NO. 8044-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE
RELATING TO RESORT ATTACHED DWELLINGS AND OVERNIGHT
ACCOMMODATIONS BY AMENDING ARTICLE 2, "ZONING
DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING
ARTICLE 2, "ZONING DISTRICTS", SECTION 2-703.M. AND SECTION
2-704.L. TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT
ACCOMMODATIONS ACCESSORY USES; BY AMENDING ARTICLE 2,
"ZONING DISTRICTS", SECTION 2-801.1, "MAXIMUM DEVELOPMENT
POTENTIAL" TO ESTABLISH THE MAXIMUM DEVELOPMENT
POTENTIAL FOR RESORT ATTACHED DWELLINGS USE IN THE
TOURIST DISTRICT; BY AMENDING ARTICLE 2, "ZONING
DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803,
"TABLE 2-803" TO ADD THE RESORT ATTACHED DWELLING USE,
AND CREATING A NEW SUBSECTION 2-802.0 AND SUBSECTION 2-
803.1 TO CREATE THE FLEXIBILITY CRITERIA FOR SAME, AND
RELETTERING SUBSEQUENT SECTIONS AS APPROPRIATE; BY
AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802.K AND
SECTION 2-803.1 TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT
ACCOMMODATIONS ACCESSORY USES; BY AMENDING SECTION
8-102, "DEFINITIONS", BY ADDING A DEFINITION FOR DWELLINGS,
RESORT ATTACHED; CERTIFYING CONSISTENCY WITH THE CITY'S
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City, and
WHEREAS, it is appropriate to define and provide for the resort attached dwelling use as
a permitted use within the Tourist District in order to meet a need for varied configurations and
room rates for tourist accommodations, and
WHEREAS, the City of Clearwater recognizes that overnight accommodation operators
desire to provide additional amenities to their clients, and
WHEREAS, the City of Clearwater wishes to allow accessory uses within resort attached
dwelling and overnight accommodation projects within certain parameters, and
WHEREAS, the City of Clearwater has determined where the Community Development
Code needs clarification and revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
-1-
OrdifteM *38J44-09
Attachment number 1
Page 2 of 13
Section 1. That Article 2, Zoning Districts, "CHART 2-100 Permitted Uses", of the
Community Development Code, be, and the same is hereby amended to read as follows:
CHART 2-100 PERMITTED USES
Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD
Residential
Accessory dwellings x X X X X X
Attached dwellings x X X X X X X
Community residential homes x X X X X X X X
Detached dwellings x X X X X X X X
Mobile homes x
Mobile home arks x
Residential infill projects x X X X X X X
Nonresidential
Adult uses x X
Airport x
Alcoholic beverage sales x X X
Animal grooming and or boarding X X X
Assisted living facilities x X X X
Automobile service stations x X
Cemeteries X
Comprehensive infill
redevelopment project CIRP
X
X
X
X
X
X
X
Congregate care x X X X
Convention center x
Educational facilities x X X X
Governmental uses x X X X X X
Halfway houses x
Hospitals x
Indoor recreation/entertainment x X X X
Light assembly x
Manufacturing X
Marinas X
Marinas and marina facilities x X X X
Medical clinic x X X X
Mixed use x X X X
Nightclubs, taverns and bars x X X X
Non-residential off-street parking x X X X
Nursing homes x X X X
Offices x X X X X X
Off-street parking x X
Open space x
Outdoor recreation/entertainment x X X X
Outdoor retail sales, display and/or
,storage
x
X
-2-
Ordiftelm 8)44-09
Attachment number 1
Page 3 of 13
Overnight accommodations X X X X X X X X
Parking garages and lots X X X X X X
Parks and recreation facilities X X X X X X X X X X X X
Places of worship X X X X
Problematic uses X
Public facility X X
Publishing and printing X
Public transportation facilities X X X X X X X
Research and technology use X
Residential shelters X X X
Resort Attached Dwellings X
Restaurants X X X X X X
Retail sales and services X X X X X X X X
RV parks X
Salvage yards X
Schools X X X X X X X
Self-storage warehouse X X
Sidewalk vendors X X
Social and community centers X X X X
Social/public service agencies X X X X
Telecommunications towers X X X X X
TV/radio studios X X
Utility/infrastructure facilities X X X X X X X X X X X X X X X
Vehicle sales/displays X X
Vehicle sales/displays, limited X X
Vehicle sales/displays, major X
Vehicle service X
Vehicle service, limited X
Vehicle service, major X
Veterinary offices X X X X
Wholesale/distribution/warehouse
facility
X
Section 2. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")",
subsection 2-703.M, "Overnight accommodations", of the Community Development Code, be,
and the same is hereby amended to read as follows:
Section 2-703. Flexible standard development.
***********
Flexibility criteria:
***********
-3-
OrdifteUlm *38J44-09
Attachment number 1
Page 4 of 13
M. Overnight accommodations.
***********
7. Accessory uses:
a. Accessory uses must be incidental, subordinate, and customarily accessory to
overnight accommodations;
b. The maximum floor area for accessorv uses located within the buildina interior
shall be limited to 10% of the gross floor area of the development;
C. Signaqe for any accessory use shall be subordinate to and incorporated into the
primary freestanding signage for the overnight accommodation use. In no case
shall more than 25% of the sign area be dedicated to the accessory uses.
Section 3. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")",
subsection 2-7041, "Overnight accommodations", of the Community Development Code, be,
and the same is hereby amended to read as follows:
Section 2-704. Flexible development.
Flexibility criteria:
L. Overnight accommodations.
***********
***********
***********
8. Accessory uses:
a. Accessory uses must be incidental, subordinate, and customarily accessory to
overniaht accommodations:
b. Accessory uses located within the building interior may occupy between 10% and
15% of the gross floor area of the development, but only when additional parking
is provided for that portion of the accessory uses which exceeds 10%. The
required amount of parking shall be calculated by using the minimum off-street
parking development standard for the most intensive accessory use(s). Where
there is a range of parking standards, the lowest number of spaces allowed shall
be used to calculate the additional amount of off-street parking required for the
project. In projects where the interior accessory uses exceed 15% of the
building gross floor area, all interior accessory uses shall be considered
additional primary uses for purposes of calculating development potential and
parking requirements.
C. Signaqe for any accessory use shall be subordinate to and incorporated into the
primary freestanding signage for the overnight accommodation use. In no case
shall more than 25% of the sign area be dedicated to the accessory uses.
-4-
OrdifteM *38J44-09
Attachment number 1
Page 5 of 13
Section 4. That Article 2, "Zoning Districts", Division 8, "Tourist District (7")", Section
2-801.1, "Maximum Development Potential", of the Community Development Code, be, and the
same is hereby amended to read as follows:
Section 2-801.1. Maximum development potential.
The Tourist District ("T") may be located in more than one land use category. It is the
intent of the T District that development be consistent with the Countywide Future Land Use
Plan as required by state law. The uses and development potential of a parcel of land within the
T District shall be determined by the standards found in this Development Code as well as the
Countywide Future Land Use Designation of the property, including any acreage or floor area
restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land
Use Plan, as amended from time to time. For those parcels within the T District that have an
area within the boundaries of and governed by a special area plan approved by the City Council
and the countywide planning authority, maximum development potential shall be as set forth for
each classification of use and location in the approved plan. Development potential for the
Countywide Future Land Use Designations that apply to the T District are as follows:
Maximum Maximum FloorArea Ratio/ Maximum Overnight
Countywide Dwelling Impervious Surface Ratio Accommodations
Future Land Units/Resort Units PerAcre
Attached
Use Dwelling Units Overnight Overnight N
R
id
ti
l B
Designation
A
d
ti
A
d
ti on
es
en
a ase
Alt
ti
perAcre of ccommo
a
ons ccommo
a
ons
Uses erna
ve
Land (Base) (Alternative)
FAR 2.0/ISR.95 Less than one
acre: 70
Between one
Resort Facilities
30 dwelling
FAR LOASR.95
FAR 3.0/ISR.95
FAR LOASR.95
50 acre and
three acres:
High units per acre 90
Greater than
FAR 4.0/ISR.95 three acres:
110
* Or as set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the special area plan
governing Clearwater Beach adopted by Ord. No. 6689-01 and as amended.
Section 5. That Article 2, "Zoning Districts", Division 8, "Tourist District (7")", Section
2-802, "Table 2-802", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Section 2-802. Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
-5-
OrdifteM *38J44-09
Attachment number 1
Page 6 of 13
Table 2-802. "T" District Flexible Standard Development Standards
Use Min. Lot
Area Min. Lot
Width Max.
Height Min. Setbacks
I
Density Min. Off-Street
(sq. ft.)
(A)
(A) l
(ft) ? parking
Front Side Rear
Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 acre
units/ 1/unit
Alcoholic Beverage Sales 5,000 50 35 15 10 20 n/a 5 per 1,000 GFA
Attached Dwellings 10,000 100 35-- 10-- 10 10 30 2 per unit
50 15 20 units/acre
Governmental Uses (2) 10,000 100 35-- 10-- 0-- 10-- n/a 3-4/1,000 GFA
50 15 10 20
Indoor
5,000
50 35--
0--15 0--
20
n/a
10 per 1,000 GFA
Recreation/Entertainment 100 10
Medical Clinic 10,000 100 10 20 20 2--3/1,000 GFA
50 15
Mixed Use
10
000 50-- 35--
0--15 0-- 10-- 30 Based upon use
, 100 50 10 20 units/acre requirements
Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA
Non-Residential Off-Street n/a n/a n/a 25 5 10 n/a n/a
Parking
Offices 10,000 100 35-- 10-- 0-- 10-- n/a 3-4 spaces per
50 15 10 20 1,000 GFA
2.5 spaces per 1,000
sq. ft. of lot area or
as determined by
Outdoor 5
000 50 35 10-- 10 20 n/a the community
Recreation/Entertainment , 15 development
director based on
TIE Manual
standards
Overnight 20,000 100-- 35-- 10-- 0-- 10-- 40 1.2 per unit
Accommodations 150 50 15 10 20 rooms/acre
Parking Garages and Lots 20,000 100 50 25 10 20 n/a n/a
1 per 20,000 SF
land area or as
determined by the
Parks and Recreation n/a n/a 50 25 10 20 n/a community
Facilities development
coordinator based
on TIE Manual
standards
Public Transportation
Facilities (3)
n/a
n/a
10
n/a
n/a
n/a
n/a
n/a
-6-
OrdifteM 8)44-09
Attachment number 1
Page 7 of 13
Resort Attached Dwellings 10,000 100 35--50 10--15 10 10--20 30 1.5 per unit
units/acre
Restaurants 5,000-- 50-- 25-- 10-- 0-- 10--
n/a 7-15 spaces per
10,000 100 35 15 10 20 1,000 GFA
Retail Sales and Services 5,000-- 50-- 35-- 10-- 0-- 10--
n/a 4--5 spaces per
10,000 100 50 15 10 20 1,000 GFA
Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a
Social and Community 5,000-- 50-- 35-- 10-- 0-- 10--
n/a 4--5 spaces per
Center 10,000 100 50 15 10 20 1,000 GFA
Utility/Infrastructure
Facilities (4)
n/a
n/a
n/a
25
10
10
n/a
n/a
(1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth
in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines.
(2) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which
exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all
contiguous like uses.
(3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses
which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such
uses and all contiguous like uses.
(4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses
which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such
uses and all contiguous like uses.
Section 6. That Article 2, "Zoning Districts", Division 8, "Tourist District (7")",
subsection 2-802.K, "Overnight accommodations", of the Community Development Code, be,
and the same is hereby amended to read as follows:
Section 2-802. Flexible standard development.
***********
Flexibility criteria:
***********
K. Overnight accommodations.
***********
10. Accessory uses:
a. Accessorv uses must be incidental. subordinate. and customarilv accessorv to
overnight accommodations;
b. The maximum floor area for accessory uses located within the building interior
shall be limited to 10% of the gross floor area of the development; however, if
receiving additional density from the Hotel Density Reserve established in Beach
by Design, the maximum floor area for interior accessory uses shall be limited to
5% of the gross floor area of the development;
C. Signage for any accessory use shall be subordinate to and incorporated into the
primary freestanding signage for the overnight accommodation use. In no case
shall more than 25% of the sign area be dedicated to the accessory uses.
-7-
OrdifteM 8)44-09
Attachment number 1
Page 8 of 13
d. Those developments that have obtained additional density from the Destination
Resort Density Pool established in Beach by Design are not subject to the
requirements set forth in Sections 2-802.K.10.a - c.
Section 7. That Article 2, "Zoning Districts", Division 8, "Tourist District (7")", Section
2-802, "Flexible standard development", of the Community Development Code, be, and the
same is hereby amended to add subsection 2-802.0, "Resort attached dwellings" and re-letter
"Restaurants" as subsection 2-802.P and the subsequent sections as appropriate:
Section 2-802. Flexible standard development.
***********
Flexibility criteria:
***********
0. Resort attached dwellinas.
1. Height:
a. The increased height results in an improved site plan or improved design and
appearance;
b. The increased height is necessary to allow the improvement of off-street parking
on the ground floor of the residential building_
2. Off-street parking: Off-street parking within the footprint of the residential building is
designed and constructed to create a street level facade comparable to the architectural
character and finishes of a residential building without parking on the ground level;
3. Front setback:
a. The reduction in front setback contributes to a more active and dynamic street
Ili L
b. The reduction in front setback results in an improved site plan or improved
design and appearance;
4. Rear setback:
a. The reduction in rear setback does not prevent access to the rear of any building
by emergency vehicles;
b. The reduction in rear setback results in an improved site plan, more efficient
parking or improved design and appearance;
C. The reduction in rear setback does not reduce the amount of landscaped area
otherwise required.
5. The design of all buildings complies with the Tourist District design guidelines in Division
5 of Article 3.
6. Accessory uses:
a. Accessory uses, including but not limited to restaurants, snack bars, and
sundries shops, must be incidental and subordinate to the primary use, and the
maximum floor area for interior accessory uses shall not exceed, in the
aggregate, 10% of the building footprint.
b. No signage shall be visible from outside of the development.
-8-
OrdifteM *38J44-09
Attachment number 1
Page 9 of 13
P9. Restaurants.
***********
Section 8. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section
2-803, "Table 2-803", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Section 2-803. Flexible development.
The following uses are Level Two permitted uses permitted in the Tourist "T" District
subject to the standards and criteria set out in this section and other applicable provisions of
Article 3.
Tablet-803. "T" Flexible Development Standards
(1) Min.
Lot Min.
Lot
Max.
Min.
Min.
Min.
Min. UJJ-Street
Use Area Width Height Front Side Rear Density Parking
(sq. ft. (ft) (ft? (ft? (ft? (ft?
Alcoholic Beverage Sales 5,000 50 100 0--15 0--10 10--20 n/a 5 per 1,000 GFA
Attached Dwellings 5,000-- 50-- 35--
0--15
0--10
10--20 30
2 per unit
10,000 100 100 units/acre
2 spaces per attached
dwelling unit and as
determined by the
30 community
Comprehensive Infill n/a n/a n/a n/a n/a n/a units/acre, development
Redevelopment Project 40 coordinator for all
rooms/acre other uses based on
the specific use and/or
ITE Manual
standards
Limited Vehicle Sales and 5
000
50 35--
0--15
0--10
10--20
n/a 4--5 spaces per 1,000
Display ' 100 GFA
Marinas and Marina 51000 50 25 10--15 0--10 10--20 n/a 1 space per 2 slips
Facilities
Mixed Use 5,000-- 50-- 35--
0--15
0--10
0--20 30 Based upon use
10,000 100 100 units/acre requirements
Nightclubs 5,000 50 100 0--15 0--10 10--20 n/a 10 per 1,000 GFA
Offices 10,000 100 0--15 0--10 10--20 n/a spaces per 1,000
100 GFA
2.5 spaces per 1,000
SQ FT of lot area or
as determined by the
Outdoor 5
000 50 35 5--15 0--10 10--20 n/a community
Recreation/Entertainment , development
coordinator based on
ITE Manual
standards
Overnight 10,000- 100-- 35-- 0--15 0--10 0--20 40 1-1.2 per unit
-9-
OrdAMM *38J44-09
Attachment number 1
Page 10 of 13
Accommodations 20,000 150 100 rooms/acre
Resort Attached 5,000-- 50-- 35--
0--15
0--10
10--20 30
1.5 per unit
Dwellings 10,000 100 100 units/acre
Restaurants 5,000-- 50-- 25--
0--15
0--10
10--20
n/a 7--15 spaces per 1,000
10,000 100 100 GFA
Retail sales and services 5,000-- 50-- 35--
0--15
0--10
10--20
n/a 4--5 spaces per 1,000
10,000 100 100 GFA
(1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in
Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines.
Section 9. That Article 2, "Zoning Districts", Division 8, "Tourist District (7")",
subsection 2-803.1, "Overnight accommodations", of the Community Development Code, be,
and the same is hereby amended to read as follows:
Section 2-803. Flexible development.
***********
Flexibility criteria:
***********
1. Overnight accommodations.
***********
11. Accessory Uses:
a. Accessorv uses must be incidental. subordinate. and customarilv accessorv to
overnight accommodations;
b. Accessory uses located within the building interior may occupy between 10% and
15% of the gross floor area of the development, but only when additional parking
is provided for that portion of the accessory uses which exceeds 10%. The
required amount of parking shall be calculated by using the minimum off-street
parking development standard for the most intensive accessory use(s). Where
there is a range of parking standards, the lowest number of spaces allowed shall
be used to calculate the additional amount of off-street parking required for the
project. In projects where the interior accessory uses exceed 15% of the
building gross floor area, all interior accessory uses shall be considered
additional primary uses for purposes of calculating development potential and
parking requirements.
C. In addition to the requirements above, for those projects that request additional
rooms from the Hotel Density Reserve established in Beach by Design and
whose interior accessory uses are between 5% and 15% of the gross floor area
of the proposed building, density shall be calculated as follows:
i. Calculate the maximum number of units allowed by the base density;
ii. Calculate the maximum number of units that may be allocated from the
Hotel Density Reserve established in Beach by Design;
iii. Add the figures determined in i. and ii. to determine the total number of
units allowed for the site;
-10-
OrdifteM *38J44-09
Attachment number 1
Page 11 of 13
iv. Divide the total number of units allowed. as calculated in iii.. by the total
land area to determine the resulting units per acre for the project site;
V. Determine the total floor area of all interior accessory uses exceeding 5%
of the gross floor area of the proposed building;
vi. Subtract the figure determined in v. from the total land area, and divide
this difference by 43,560 to determine the net acreage;
vii. Multiply the net acreage derived in vi. by the applicable resulting units per
acre figure determined in iv. The resulting product is the maximum
number of rooms allowable for the project.
viii. The final allocation of rooms from the Hotel Density Reserve shall be
determined by multiplying the net acreage determined in vi. by the base
density and subtracting this product from the maximum number of rooms
allowable for the project as determined in vii.
d. Signage for any accessory use shall be subordinate to and incorporated into the
primary freestanding signage for the overnight accommodation use. In no case
shall more than 25% of the sign area be dedicated to the accessory uses.
e. Those developments that have obtained additional density from the Destination
Resort Density Pool established in Beach by Design are not subject to the
requirements set forth in Sections 2-803.1.1 1.a - d.
Section 10. That Article 2, "Zoning Districts", Division 8, "Tourist District (7")", Section
2-803, "Flexible development', of the Community Development Code, be, and the same is
hereby amended to add subsection 2-803.J, "Resort attached dwellings" and re-letter
"Restaurants" as subsection 2-803.K and the subsequent sections as appropriate:
Section 2-803. Flexible development.
***********
Flexibility criteria:
***********
J. Resort attached dwellinas.
1. Lot area and width: The reduction in lot area will not result in a building which is out of
scale with existing buildings in the immediate vicinity of the parcel proposed for
development;
2. Height:
a. The increased height results in an improved site plan or improved design and
appearance;
b. The increased height is necessary to allow the improvement of off-street parking
on the ground floor of the residential building,
3. Front setback:
a. The reduction in front setback contributes to a more active and dynamic street
II i
b. The reduction in front setback results in an improved site plan or improved
design and appearance;
4. Side and rear setbacks:
a. The reduction in side and rear setback does not prevent access to the rear of any
building by emergency vehicles;
-11-
OrdifteM *38J44-09
Attachment number 1
Page 12 of 13
b. The reduction in side and rear setback results in an improved site plan, more
efficient parking or improved design and appearance;
5. Off-street parking: Off-street parking within the footprint of the residential building is
designed and constructed to create a street level facade comparable to the architectural
character and finishes of a residential building without parking on the ground level.
6. The design of all buildings complies with the Tourist District design guidelines in Division
5 of Article 3.
7. Accessory uses:
a. Accessory uses, including but not limited to restaurants, snack bars, and
sundries shops, must be incidental and subordinate to the primary use, and the
maximum floor area for interior accessory uses shall not exceed, in the
aggregate, 15% of the building footprint.
b. No signage shall be visible from outside of the development.
KJ. Restaurants.
***********
Section 11. That Article 8, "Definitions and Rules of Construction", Section 8-102,
"Definitions", of the Community Development Code, be, and the same is hereby amended to
read as follows:
Section 8-102. Definitions.
***********
Dwellings, resort attached means a dwelling unit located in the Tourist M zoning district that
shares one or more common walls with at least one other dwelling unit and the occupancy of
which may occur or which may be offered or advertised as being available for any term.
***********
Section 12. 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 13. 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 14. 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 15. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
-12-
OrdifteM *38J44-09
Attachment number 1
Page 13 of 13
Section 16. 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
-13-
OrdifteM 8)44-09
Attachment number 2
Page 1 of 5
CDB Meeting Date:
Case Number:
Ordinance Number:
Agenda Item:
August 18, 2009
TA2009-01004
8044-09
D2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST: Amendments to the Community Development Code to create a new
Resort Attached Dwellings use in the Tourist District, and to establish
criteria addressing accessory uses for overnight accommodations in
the Commercial and Tourist Districts.
INITIATED BY: City of Clearwater Planning Department
BACKGROUND:
Tourism is an important aspect of the City of Clearwater's economy and identity. The City
understands that tourists have a variety of preferences for the types of facilities they want to stay
in when visiting the City. The City has demonstrated through the creation of Beach by Design
and subsequent amendments to the plan that it recognizes the need for "destination resorts" as
well as "small and mid-size hotel rooms" to serve this population. This broad range of
accommodations types creates the unique character and atmosphere that is Clearwater Beach. In
order to accommodate those visitors that prefer a limited resort-type accommodation with a
residential feel and density, a new resort attached dwelling use is proposed to be created within
the Tourist District to accommodate this niche market. Modern hotels of all sizes provide their
guests with a variety of amenities, including restaurants, exercise rooms, meeting facilities, and
sundries shops. The City desires to establish limitations on the overall floor area dedicated to
such accessory uses in order to bring further clarification to accessory uses, to address the
parking demands created by such uses, and to provide guidance on when a grouping of uses
exceeds what is considered accessory to the primary use for the purposes of calculating
development potential. The proposed amendments address accessory uses for overnight
accommodations in both the Tourist and Commercial Districts.
ANALYSIS:
Proposed Ordinance No. 8044-09 includes amendments addressing the items listed above.
Below please find a description of each proposed amendment.
Community Development Board - August 18, 2009
TA2009-01004 - Page 1 Item # 33
Attachment number 2
Page 2 of 5
1. Resort Attached Dwellings Use [Pages 8, 11 and 12 of Ordinance]
The proposed amendments to the Community Development Code include a new use called
"resort attached dwellings". This new use is allowed only in the Tourist District and is
limited to residential density of 30 units per acre. This language mirrors that of the attached
dwellings use, with the addition of criteria for limited accessory uses. Accessory uses are
allowed, but their area cannot exceed 10 to 15 percent of the building footprint, and no
exterior signage is permitted.
2. Proposed Accessory Uses Requirements for Hotels in the Commercial and Tourist
Districts Approved through the DRC [Pages 4, 7 and 8 of Ordinance]
The proposed amendments establish new flexibility criteria for accessory uses contained
within overnight accommodations in the Commercial and Tourist Districts. Accessory uses
must be incidental, subordinate, and customarily accessory to overnight accommodations.
The proposed amendment also establishes a maximum floor area for those accessory uses
located within the building interior, limiting them to 10 percent of the gross floor area of the
development. Since the City of Clearwater is a beach community, outdoor activities are
important, especially within the Tourist District. By only placing a limit on interior
accessory uses, other accessory uses such as outdoor pools and tiki bars are exempt from this
new limit. Signage for accessory uses must be subordinate to and incorporated into the
primary signage for the overnight accommodation use, and is limited in area.
Within the Tourist District, however, the maximum floor area for accessory uses within a
project that receives additional density from the Hotel Density Reserve (Reserve) established
in Beach by Design is limited to 5 percent of the gross floor area. Eligibility to receive
rooms from the Reserve requires that a project incorporate, meet and/or abide by certain
criteria, including that accessory uses should be consistent with the amenities typical of a
mid-size/limited service hotel (Beach by Design, 55). Additionally, developments that have
received additional density from the Destination Resort Density Pool in Beach by Design are
exempted from the new requirements because the intent of the Destination Resort Density
Pool was to create larger resorts, and required a certain level of accessory uses be
incorporated into the projects (Beach by Design, 50).
3. Proposed Accessory Uses Requirements for Hotels in the Commercial and Tourist
Districts Approved through the CDB [Pages 4, 10 and 11 of Ordinance]
For projects processed through the Flexible Development process, proposed provisions
would allow approval of up to 15 percent of the gross floor area for accessory uses if parking
is provided at the level required for the most intensive accessory use(s) for the portion of
accessory uses that exceeds 10 percent. Where a particular use within the District might have
a range of required parking, the lowest number of spaces required by the parking standard
will be used to calculate the required parking, since the parking standard for the primary use
(overnight accommodations) already assumes some limited amount of accessory uses.
Accessory uses must still be incidental, subordinate, and customarily accessory to overnight
accommodations. However, if the floor area dedicated to accessory uses within the interior
Community Development Board - August 18, 2009
TA2009-01004 - Page 2 Item # 33
Attachment number 2
Page 3 of 5
of the structure exceeds 15 percent of the building gross floor area, then all of the interior
accessory uses are considered additional primary uses when determining allowable density
and intensity for the site.
Within the Tourist District, projects that request additional rooms from the Hotel Density
Reserve (Reserve) established in Beach by Design and propose interior accessory uses that
comprise between 5 percent and 15 percent of the building gross floor area must calculate
their density to remove this percentage from their development potential. Staff research has
shown that the overall floor area dedicated to accessory uses within the small and mid-size
hotels desired through Beach by Design is generally consistent with the proposed lower
threshold of 5 percent. Some hotel projects may want to provide additional amenities to their
guests; the balance between allowing a limited amount of additional accessory uses and
accomplishing the goals set forth in Beach by Design can be achieved through the application
of this proposed provision.
Consistent with the Flexible Standard Development provisions, developments that have
received additional density from the Destination Resort Density Pool in Beach by Design are
exempted from the new requirements because the intent of the Destination Resort Density
Pool was to create larger resorts with a greater amount of amenities for their guests.
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code Section 4-601 sets forth the procedures and criteria for
reviewing text amendments. All text amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goal, Objective,
and Policy which will be furthered by the proposed Code amendments:
Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect historic
resources, ensure neighborhood preservation, redevelop blighted areas, and
encourage infill development.
Objective A.6.6 Tourism is a substantial element of the City's economic base and as such
the City shall continue to support the maintenance and enhancement of
this important economic sector.
Policy A.6.6.1 The City supports and encourages the continued development and
redevelopment of overnight accommodation uses.
Community Development Board - August 18, 2009
TA2009-01004 - Page 3 Item # 33
Attachment number 2
Page 4 of 5
Findings
The proposed amendments are consistent with the Comprehensive Plan for several reasons. The
addition of the flexibility criteria addressing accessory uses in overnight accommodations
continues to encourage the development of hotels within the City of Clearwater. Similarly, the
creation of the new resort attached dwellings use provides another option for development on
certain parcels within the Tourist District. The proposed amendments encourage the
development of a variety of room types in which tourists can elect to stay.
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the Community Development
Code in that it will be consistent with the following purposes set forth in Section 1-103:
Section 1-103.B. It is the purpose of this Community Development Code to create value
for the citizens of the City of Clearwater by:
1. Allowing property owners to enhance the value of their property
through innovative and creative redevelopment;
2. Ensuring that development and redevelopment will not have a
negative impact on the value of surrounding properties and wherever
practicable promoting development and redevelopment which will
enhance the value of surrounding properties; and
3. Strengthening the city's economy and increasing its tax base as a
whole.
Section 1-103.E.2 Protect the character and the social and economic stability of all parts of
the City through the establishment of reasonable standards which
encourage the orderly and beneficial development of land within the
City
Section 1-103.E.3 Protect and conserve the value of land throughout the city and the value
of buildings and improvements upon the land, and minimize the
conflicts among the uses of land and buildings.
Findings
These amendments are consistent with the Community Development Code because they enhance
property values by encouraging a variety of redevelopment projects including a mixture of
accessory uses within overnight accommodations and the development of resort attached
dwelling structures. Establishing criteria for overnight accommodations accessory uses
promotes development and redevelopment while ensuring that additional uses are of a reasonable
size. Continuing to encourage tourism strengthens the City's economy. The standards
established by these amendments protect and enhance community character through the orderly
and beneficial development of land.
Community Development Board - August 18, 2009
TA2009-01004 - Page 4 Item # 33
Attachment number 2
Page 5 of 5
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. Based upon the above, the Planning Department recommends APPROVAL
of Ordinance No. 8044-09 that amends the Community Development Code.
Prepared by Planning Department Staff:
Lauren Matzke, Planner III
ATTACHMENT:
? Ordinance No. 8044-09
S: (Planning DepartmentlComnmmty Development Code12009 Code AmendmentslTA2009-01004 -Resort DwellingslStaff Reports lOrdinance No
8044-09 CDB Staff Report 2009 08-12. doe
Community Development Board - August 18, 2009
TA2009-01004 - Page 5 Item # 33
Attachment number 3
Page 1 of 2
Clearwater
To: Michael Delk, Planning Director
From: Gina L. Clayton, Assistant Planning Director
Date: August 31, 2009
RE: Responses to City Council Questions Regarding Hotel Accessory Uses
On June 18th we conducted one-on-one meetings with City Council members to discuss proposed
amendments to the Tourist (T) District related to resort dwellings and hotel accessory uses
(Ordinance No. 8044-09). Council members had questions regarding potential impacts of certain
provisions, as well as requested additional information to assist in understanding the issues. In
an attempt to provide all Council members with the same information, this memo addresses all
requests we received regarding this ordinance, which is scheduled for first reading on September
17th
The majority of questions related to the area of accessory uses found in hotels, how much
meeting space is proposed in several hotel projects and how much square footage would equal
10% of the floor area of these hotels. In an attempt to provide the requested information, please
refer to the attached comparison. Please note that these figures are based on materials on file in
the Department and represent our best estimates based on those materials. The Department also
tried to compile information for several other hotels such as the Hilton, the Marriott and the
Holiday Inn but did not have drawings that conveyed all of the necessary information.
One specific question was posed regarding how the proposed ordinance may impact the number
of units Shepard's could request through the hotel density reserve. This project is 2.37 acres in
area and the base density (50 units per acre) and 100 unit allocation would result in 218 rooms.
Shepard's has eight transfer of development rights and is proposing a total of 226 hotel units.
Based on the information that has been submitted to the Department, the proposed provisions
would reduce the total units to 181 (91 units per acre based on a land area of 2.108 acres of land
(2.37 acres - 11,409 square feet of accessory uses).
1
Item # 33
Attachment number 3
Page 2 of 2
The other information requested was the square footage of area restaurants to help visualize a
5,000 square foot restaurant. Below is a variety of restaurants in Clearwater.
Starbucks - Cleveland Street 2,340 square feet
Panera Bread - Clearwater Mall 4,661 square feet
Greek Town Grill - Cleveland Street 3,107 square feet
Bob Heilman's Beachcomber - Mandalay Ave. 9,568 square feet
McDonald's -Missouri Ave. 2,999 square feet
Attachment:
Comparison of Interior Accessory Uses within Overnight Accommodations
2
Item # 33
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Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Future Land Use Plan Amendment from the Residential Medium (RM) Classification to the Commercial General (CG)
Classification and a Zoning Atlas Amendment from the Mobile Home Park (MHP) District to the Commercial (C) District for property
located at 2337 Gulf to Bay Boulevard (the West 100 feet of the East 445.0 feet of the North 330 feet of the West 3/4 of the North 1/2 of
the NE L/4 of the SW L/4 of Section 18, Township 29 South, Range 16 East, less the north 50.0 feet for Gulf to Bay Boulevard), and pass
Ordinances 8079-09 and 8080-09 on first reading. (LUZ2009-06001)
SUMMARY:
This future land use plan amendment and rezoning application involves an approximately 0.613 acre property located on the south side
of Gulf to Bay Boulevard, approximately 1,090 feet west of Edenville Avenue and approximately 1,740 feet east of Belcher Road. This
property has a future land use plan classification of Residential Medium (RM) and a zoning designation of Mobile Home Park
(MHP). The applicant is requesting to amend the future land use plan classification of the site to the Commercial General (CG)
classification and to rezone the property to the Commercial (C) District. The amendments will make the future land use plan and zoning
atlas consistent with the actual use of the property since 1995, as well as the parcels to the east and west, which are under the same
ownership.
Historically the parcel was used to gain access to Hillcrest Mobile Home Park (MHP) to the south. Second Street, a private street within
the Park, connected to Gulf to Bay Boulevard via the parcel. In January 1990 Lokey Oldsmobile, Inc. acquired the entire Hillcrest
Mobile Home Park (MHP) and shortly after removed the existing mobile homes from the subject parcel and closed off access between it
and the rest of the Park. Lokey Oldsmobile, Inc. had acquired the parcel to the east in 1988, while the parcel to the west has been an
automobile dealership since 1959. In 1995 the subject parcel was approved for a Conditional Use (CU#95-37) to permit outdoor retail
sales and/or storage of vehicles (the existing use on the contiguous parcels to the east and west). In 1996 Lokey Oldsmobile, Inc.
declared a Unity of Title between the subject parcel and the adjacent parcel to the east and to the west. Currently, there is no cross-
access between Hillcrest Mobile Home Park (MHP) and the subject parcel. A detention area in the southeast portion of the parcel, as
well as a concrete wall extending nearly the entire length of the parcel, serve as buffers.
The Planning Department has determined that the proposed future land use plan amendment and rezoning amendment, as
recommended, are consistent with the following standards specified in the Community Development Code:
The proposed land use plan amendment is consistent with the Comprehensive Plan, the Countywide Plan Rules, and the
Community Development Code
The proposed use is compatible with the surrounding area.
Sufficient public facilities are available to serve the property.
The applications will not have an adverse impact on the natural environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council
and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and
review and approval by the Florida Department of Community Affairs is required.
The Community Development Board reviewed this application at its public hearing on August 18, 2009 and unanimously recommended
approval of the Future Land Use Plan amendment.
C er Memo
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Item # 34
Attachment number 1
Page 1 of 10
CDB Meeting Date: August 18, 2009
Case Number: LUZ2009-06001
Owner/Applicant: Lokey Oldsmobile, Inc.
Address: 2337 Gulf to Bay Boulevard
Agenda Item: EE1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST: (a) Future land use plan amendment from the Residential
Medium (RM) Classification to the Commercial
General (CG) Classification.
(b) Rezoning from the Mobile Home Park (MHP) District
to the Commercial (C) District.
SITE INFORMATION
PROPERTY SIZE: 26,702 square feet or 0.613 acres
PROPERTY USE:
Current Use: Vehicle Sales/Display
Proposed Use: Vehicle Sales/Display
PLAN CATEGORY:
Current Category: Residential Medium (RM)
Proposed Category: Commercial General (CG)
ZONING DISTRICT:
Current District: Mobile Home Park (MHP)
Proposed District: Commercial (C)
EXISTING North: Vehicle Sales/Display, Office, Restaurant, and
SURROUNDING USES: Attached Dwellings
West: Vehicle Sales/Display, Office
South: Mobile Homes
East: Vehicle Sales/Display, Office and Mobile Homes
Community Development Board - August 18, 2009 - Case LUZ2009-06001 -Page 1 of 10
C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.9938.1.LUZ2009-06001_Staff Report.doc
Item # 34
Attachment number 1
Page 2 of 10
ANALYSIS:
This future land use plan amendment and rezoning application involves property comprising
approximately 0.613 acres in area located on the south side of Gulf to Bay Boulevard,
approximately 1,090 feet west of Edenville Avenue and approximately 1,740 feet east of Belcher
Road. This property has a future land use plan classification of Residential Medium (RM) and a
zoning designation of Mobile Home Park (MHP). The applicant is requesting to amend the
future land use plan classification of the site to the Commercial General (CG) classification and
to rezone the property to the Commercial (C) District. The amendments will make the future
land use plan and zoning atlas consistent with the actual use of the property since 1995, as well
as the parcels to the east and west, which are under the same ownership. The property consists
of an approximately 20,000 square foot vehicle display area, and approximately 6,000 square
foot pervious surface (detention area and landscape islands). The property is located along an
arterial street and is 280 feet deep.
Historically the parcel was used to gain access to Hillcrest Mobile Home Park (MHP) to the
south. Second Street, a private street within the Park, connected to Gulf to Bay Boulevard via
the parcel. In January 1990 Lokey Oldsmobile, Inc. acquired the entire Hillcrest Mobile Home
Park (MHP) and shortly after removed the existing mobile homes from the subject parcel and
closed off access between it and the rest of the Park. Lokey Oldsmobile, Inc. had acquired the
parcel to the east in 1988, while the parcel to the west has been an automobile dealership since
1959. In 1995 the subject parcel was approved for a Conditional Use (CU#95-37) to permit
outdoor retail sales and/or storage of vehicles (the existing use on the contiguous parcels to the
east and west). In 1996 Lokey Oldsmobile, Inc. declared a Unity of Title between the subject
parcel and the adjacent parcel to the east and to the west. Currently, there is no cross-access
between Hillcrest Mobile Home Park (MHP) and the subject parcel. A detention area in the
southeast portion of the parcel, as well as a concrete wall extending nearly the entire length of
the parcel, serve as buffers.
It should also be pointed out that the current Residential Medium (RM) designation is
incompatible with the Mobile Home Park (MHP) District. Approving the proposed future land
use plan designation and zoning designation will bring the subject property into conformance
with the Comprehensive Plan and Community Development Code. Although no plans have been
submitted, the future land use plan amendment and rezoning make redevelopment of the parcel
possible, in conjunction with the parcels to the east and west that are joined by a Unity of Title.
In accordance with the Countywide Plan Rules, the future land use plan amendment is subject to
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Based on the requested density, review and approval by the
Florida Department of Community Affairs is required.
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L CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN [Section 4-
602.F.1 and Section 4-603.F.1 and 2]
Recommended Findings of Fact
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
A.2.2.1Policy - Land Uses on the Comprehensive Land Use Plan Map shall generally be
interpreted as indicated in the following table. The intensity standards listed in the table
(FLOOR AREA RATIO - floor area ratio; ISR - impervious surface ratio) are the
maximum allowed for each plan category, except where otherwise permitted by special
area plans or redevelopment plans approved by the City Council. Consequently,
individual zoning districts, as established by the City's Community Development Code,
may have more stringent intensity standards than those listed in the table but will not
exceed the maximum allowable intensity of the plan category, unless otherwise permitted
by approved special area plans or redevelopment plans.
Plan Classification Primary Uses Per Plan
Category Max. Density/Intensity
Per Plan Category Consistent Zoning
Districts
Residential Medium Moderate to High Density 15 Dwelling Units Per Medium Density
(RM) Residential Acre; FAR 0.50; ISR 0.75 Residential (MDR);
Medium High Density
Residential (MHDR)
Commercial General Office; Retail; Personal 24 Dwelling Units Per Commercial (C);
(CG) Service; Overnight Acre; 40 Overnight Office (O)
Accommodations; Accommodation Units Per
Wholesale; Warehouse Acre; FAR 0.55; ISR 0.90
A.3 Goal - The City of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the City through
consistent implementation of the Community Development Code.
A.6.2 Objective - The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill
development that is consistent and compatible with the surrounding environment.
A.6.2.1Policy - On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned
developments that are compatible.
A.6.2.2Policy - Encourage land use conversions on economically underutilized parcels and
corridors, and promote redevelopment activities in these areas.
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B.1.4 Objective - The City shall specifically consider the existing and planned LOS on the road
network affected by a proposed development, when considering an amendment to the
land use map, rezoning, subdivision plat, or site plan approval.
The proposed amendment is consistent with the Comprehensive Plan for several reasons. The
current Mobile Home Park (MHP) zoning is incompatible with the future land use plan
designation of Residential Medium (RM) according to the Comprehensive Plan (see Policy
A.2.2.1). By amending the future land use plan, the property achieves Goal A.3, which aims to
ensure that all development is subject to consistent implementation of the Community
Development Code. Through this amendment, the parcel also becomes consistent with the
adjacent parcels to the east and west that are under common ownership. Achieving consistent
zoning among the three parcels may encourage redevelopment of this underutilized property
along a vital commercial corridor.
Recommended Conclusions of Law
The existing use developed on the site is compatible with the surrounding area. Land uses within
the surrounding area include vehicle sales/display, offices, restaurants, attached dwellings, and
mobile homes. In addition to the use being compatible, the proposed plan amendment also
brings consistency between the future land use plan designation and the zoning designation. The
proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Recommended Findings of Fact
The purpose of the proposed Commercial General (CG) category, as specified in Section
2.3.3.5.4 of the Countywide Rules, is to depict those areas of the County that are now developed,
or appropriate to be developed, in a manner designed to provide community and countywide
commercial goods and services; and to recognize such areas as primarily consistent with the
need, relationship to adjoining uses and with the objective of encouraging a consolidated,
concentrated commercial center providing for the full spectrum of commercial uses.
The requested future land use plan category is appropriate due to the location of the subject
parcel on the south side of Gulf to Bay Boulevard, between Belcher Road and Old Coachman
Road, across the street from and between two parcels with the Commercial General (CG) future
land use plan category. The use of the parcel is consistent with the purpose of the Commercial
General (CG) classification.
Recommended Conclusions of Law
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan; therefore, the proposed amendment is consistent with the Countywide Plan.
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III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2 and 3 and Section 4-603.F.3]
Recommended Findings of Fact
The subject property is located on the south side of Gulf to Bay Boulevard, between Belcher
Road and Old Coachman Road. This area has a variety of land uses. To the north across Gulf to
Bay Boulevard, are automobile dealerships with a future land use plan classification of
Commercial General (CG) and a Commercial zoning designation. This classification permits 24
dwelling units per acre and a floor area ratio of 0.55. The Commercial (C) designation primarily
permits office, overnight accommodation, retail, and restaurant uses.
To the immediate north, east and west are automobile dealership uses. The parcels to the east
and west are part of the Saturn dealership, while the parcel to the north is a Chrysler and Jeep
dealership. All have a future land use plan classification of Commercial General (CG) and a
Commercial (C) zoning designation. This classification permits 24 dwelling units per acre and a
FLOOR AREA RATIO of 0.55. The Commercial designation primarily permits office,
overnight accommodation, retail sales, and restaurant uses.
To the immediate south is a Mobile Home Park (MHP) use with a future land use plan
classification of Residential Medium (RM) and a Mobile Home Park (MHP) zoning designation.
This classification permits 15 dwelling units per acre and a floor area ratio of 0.50. The Mobile
Home Park (MHP) designation primarily permits residential uses.
Farther to the north and west, along Gulf-to-Bay Boulevard, are restaurant, office, overnight
accommodations and retail uses, all contributing to the general character of the area as a
commercial corridor. The properties farther to the south and east contain a variety of uses, with
mobile homes being the most dominant. However, this area also contains office, overnight
accommodations and retail sales uses.
The Commercial General (CG) and Commercial (C) boundaries are appropriately located along
Gulf to Bay Boulevard. This request will eliminate the legal nonconforming use on the site.
This request is compatible with the surrounding area and does not conflict with the needs and
character of the area. Also, this request will not adversely or unreasonably affect the use of the
property in the area.
Recommended Conclusions of Law
The proposed future land use plan classification and zoning designation are in character with the
overall future land use plan categories in the area. The amendment is compatible with the
Residential Medium (RM) future land use plan designation to the south and consistent with the
Commercial General (CG) classification to the east, west and north across Gulf to Bay
Boulevard.
The proposed amendments are compatible with surrounding uses and consistent with the
character of the immediate surrounding area and neighborhood.
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IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.5 and Section 4-
603.F.4]
Recommended Findings of Fact
The overall subject site is approximately 0.613 acres (26,702 square feet) in area and is
developed as a vehicle sales/display use. The Residential Medium (RM) future land use
designation permits 15 dwelling units per acre for residential uses. Under this current future land
use plan category, nine dwelling units are permitted. The proposed Commercial General (CG)
classification permits a floor area ratio of 0.55. Under the proposed Commercial General (CG)
category, 14,686 square feet could be potentially constructed on this site. The current Mobile
Home Park (MHP) zoning designation primarily permits residential use. The proposed
Commercial zoning designation primarily permits retail sales and services, offices, restaurants
and overnight accommodations.
Roadways
The accepted methodology for reviewing the transportation impacts of the proposed plan
amendment is based on the Pinellas Planning Council's traffic generation guidelines. The
Pinellas Planning Councils's traffic generation rates have been calculated for the subject site
based on the existing and proposed Future land use plan categories and are included in the
following table.
MAXIMUM POTENTIAL TRAFFIC
Gulf to Bay Boulevard - Belcher Road to Old Current Existing Proposed Net New
Coachman Road Situation Plant Plane Trips
Maximum Daily Added Potential Trips N/A 59 285 226
Maximum PM Peak Hour Added Potential Trips N/A 6 27 21
Volume of Gulf to Bay Boulevard - Belcher Road 53,500 53,441 53,500 59
to Old Coachman Road
LOS of Gulf to Bay Boulevard - Belcher Road to F F F F
Old Coachman Road
N/A = Not Applicable LOS = Level-of-Service
1 = Based on PPC calculations of 96 trips per acre per day for the Residential Medium (RM) Future Land Use Category.
2 = Based on PPC calculations of 465 trips per acre per day for the Commercial General (CG) Future Land Use Category.
3 = Based on MPO K-factor of 0.095.
Specific uses in the current and proposed zoning districts have been analyzed for the number of
vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip
Generation 8th Edition.
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Existing MHP
District / RM Maximum
FUTURE LAND Development
USE PLAN Potential
Existing Mobile
Home Park (MHP)1
(4.99 trips/unit)
9 units3 45 N/A 0.59 5 N/A
Existing Use and
Proposed C District/ Maximum
CG FUTURE LAND Development
USE PLAN Potential
New Car Sales
(33.34 trips/1,000 sf gfa)
14,686 sf 490 445 2.59 38 33
1 = Institute of Transportation Engineer's Trip Generation 8" Edition Land Use 240
2 = Institute of Transportation Engineer's Trip Generation 8"' Edition Land Use 841
3 = Dwelling units per acre permitted by the underlying RM FUTURE LAND USE PLAN category is 15.
4 = Total gross floor area ratio permitted by the underlying CG FUTURE LAND USE PLAN category is 0.55.
The 2008 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan
Planning Organization assigned the Gulf to Bay Boulevard facility from Belcher Road to US 19
(and the segment from Belcher Road to Old Coachman Road) a Level of Service of F. The
traffic analysis above compares the expected traffic generated by the existing zoning district
(Mobile Home Park (MHP)) of the subject property and the maximum development potential
allowed by the existing use (vehicle sales) and proposed Commercial (C) District and
Commercial General (CG) future land use plan designation. Based on the Institute of
Transportation Engineers Trip Generation Manual, new car sales developed at the absolute
maximum intensity, 14,686 square feet, in the Commercial District would result in 38 PM Peak
trips to Gulf to Bay Boulevard. The existing zoning district, Mobile Home Park (MHP), only
results in 5 PM Peak trips to Gulf to Bay Boulevard. However, the property is already being
used for new car sales and hasn't been used as a Mobile Home Park (MHP) since Lokey
Oldsmobile, Inc. bought the property in 1990. In this situation the current use is the proposed
use, even though the current zoning district is Mobile Home Park (MHP).
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change. The subject site is located directly on the mass
transit route along Gulf to Bay Boulevard.
Water
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The current Future land use plan category could use up to 2,344 gallons per day. Under the
proposed Future land use plan category, water demand could approach approximately 818
gallons per day. Since this is a decrease in use, the City's current LOS for water will not be
negatively impacted.
Wastewater
The current Future land use plan category could produce up to 2,109 gallons per day. Under the
proposed Future land use plan category, sewer demand could approach approximately 654
gallons per day. Since this is a decrease in use, the City's current LOS for wastewater will not
be negatively impacted.
Solid Waste
The current Future land use plan category could generate 23 tons of solid waste per year. Under
the proposed FUTURE LAND USE PLAN category, 68 tons of solid waste could be generated
per year. The City of Clearwater Solid Waste Department has confirmed that the proposed land
use will not negatively affect the City's current LOS for solid waste.
Recreation and Open Space
Due to the fact that the site is developed, the payment of Open Space, Recreation Land and
Recreation Facility impact fees will not be required at this time. Should the site be redeveloped,
the fees will be required prior to the issuance of a building permit.
Recommended Conclusions of Law
Based upon the findings of fact, it has been determined that the traffic generated by this plan
amendment will not result in the degradation of the existing LOS to the adjacent roads beyond
the requirements of the City's Comprehensive Plan. Further, there will be no impact to water,
wastewater, and solid waste service since the existing and proposed use are the same. Should the
parcel be redeveloped, it will be subject at that time to public facility concurrency requirements.
Open space and recreation facilities and mass transit will not be affected by the proposed future
land use plan category.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended of Findings of Fact
No wetlands appear to be located on the subject site. This property is developed as an
automobile dealership and has trees located in landscape islands and perimeter buffers.
Recommended Conclusions of Law
Based on current information, no wetlands appear to be located on the subject site. The intent of
the new buyer is to legalize a non-conforming use primarily for possible future redevelopment.
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The site is currently developed. Any redevelopment would require compliance with the City's
tree preservation and storm water management requirements.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.]
Recommended Findings of Fact
The location of the proposed Commercial (C) District boundaries is consistent with the
boundaries of the subject property, which is generally rectangular. The proposed Commercial
(C) District is compatible with the surrounding mixture of uses.
The location of the proposed Commercial District boundaries is logical and consolidates this
property into the appropriate zoning district. The Commercial zoning district is consistent with
the adjacent C zoning district to the immediate north, east and west; it is also compatible with the
MHP zoning district located to the immediate south.
Recommended Conclusions of Law
The district boundaries are appropriately drawn in regard to location and classifications of
streets, ownership lines, existing improvements and the natural environment.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Section 4-602.F.1]
The proposed Commercial General (CG) future land use plan designation permits a floor area
ratio of 0.55 while the existing Residential Medium (RM) designation permits a slightly less
intensive floor area ratio of 0.50. The 0.90 impervious surface ratio of the proposed Commercial
General (CG) designation is an increase from the current Residential Medium (RM) designation
imperious surface ratio of 0.75. However, the current development of the property already
exceeds the 0.75 impervious surface ratio (approximately 21,700 square feet of the parcel is
pavement). The subject property does not meet the minimum required lot area (40,000 square
feet) and lot width (200 feet) for the vehicle sales/display use in the Commercial (C) District.
However, when combined with the parcels to the east and west under the existing unity of title, it
exceeds these requirements (the parcels are approximately 4.73 acres in lot area and 737 feet in
lot width). Therefore, the parcel meets the size requirements of the proposed Commercial
General (CG) designation and the existing use of vehicle sales/display is permitted in the
Commercial District.
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SUMMARY AND RECOMMENDATIONS
An amendment of the future land use plan from the Residential Medium (RM) classification to
the Commercial General (CG) classification for the subject site and rezoning from the Mobile
Home Park (MHP) to the Commercial District is requested. The proposed site is developed as
display space and parking lot for the adjacent automobile dealership. The request would bring
existing uses into conformance. The subject property does not meet the minimum required lot
area and lot width for the Vehicle Sales/Display use in the Commercial District; however, when
combined with the parcels to the east and west under the existing Unity of Title, it exceeds these
requirements. A mix of nonresidential and residential uses characterizes the surrounding area.
The proposed future land use plan amendment is compatible with the existing area.
The proposed Commercial General (CG) future land use plan more closely represents the actual
use of the parcel, and is consistent with both the City and the Countywide Comprehensive Plans,
Countywide Rules, is compatible with the surrounding area, does not degrade public services
below acceptable levels, is compatible with the natural environment and is consistent with the
development regulations of the City.
Approval of this land use plan amendment does not guarantee the right to develop on the
subject property. Transportation concurrency must be met, and the property owner will have to
comply with all laws and ordinances in effect at the time development permits are requested.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
ACTION:
a) Recommend APPROVAL of the Future land use plan amendment from the Residential
Medium (RM) Classification to the Commercial General (CG) Classification;
b) Recommend APPROVAL of the rezoning from the Mobile Home Park (M1-1P) District to
the Commercial District;
Prepared by Planning Department staff:
Attachments:
Resume
Application
Location Map
Aerial Photograph of Site and Vicinity
Future Land Use Plan Map
Zoning Map
Cate Lee, Planner II
Existing Surrounding Use Map
Site Photographs
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Item # 34
Attachment number 2
Page 1 of 6
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Owners: Lokey Oldsmobile, Inc. Case: LUZ2009-06001
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PIN: 18-29-16-00000-310-0710
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S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd - Lokey Oldsmobile,
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Owners: Lokey Oldsmobile, Inc. Case: LUZ2009-06001
Site: 2337 Gulf to Bay Boulevard Property
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PIN: 18-29-16-00000-310-0710
From : RM MHP
To: CG C Atlas Page: 299A
S:\Planning DepartmentT D B\Land Use Amendments\LUZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd - Lokey Oldsmobile,
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S:\Planning DepartmentT D B\Land Use Amendments\LUZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd - Lokey Oldsmobile,
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EXISTING SURROUNDING USES MAP
Owners: Lokey Oldsmobile, Inc. Case: LUZ2009-06001
Site: 2337 Gulf to Bay Boulevard Property 0.613
Size (Acres) :
Land Use Zoning
PIN: 18-29-16-00000-310-0710
From : RM MHP
To: CG C Atlas Page: 299A
S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd - Lokey Oldsmobile,
IncAMaps\LUZ2009-06001 EXISTING SURROUNDING USES MAP.docx 1 elll # 34
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LUZ2009-06001
Lokey Oldsmobile, Inc.
2337 Gulf to Bay Boulevard
Item # 34
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Attachment number 3
Page 1 of 1
ORDINANCE NO. 8079-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF GULF-TO-BAY
BOULEVARD, APPROXIMATELY 1,090 FEET WEST OF
EDENVILLE AVENUE, CONSISTING OF A PORTION OF METES
AND BOUNDS 31/071, IN SECTION 18, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, LESS THE NORTH 50 FEET FOR GULF-TO-
BAY BOULEVARD, WHOSE POST OFFICE ADDRESS IS 2337
GULF-TO-BAY BOULEVARD, FROM RESIDENTIAL MEDIUM
(RM) TO COMMERCIAL GENERAL (CG); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
See attached legal description
(LUZ2009-06001)
Land Use Category
From: Residential Medium (RM)
To: Commercial General (CG)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 34
Ordinance No. 8079-09
Attachment number 4
Page 1 of 1
ORDINANCE NO. 8080-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED ON THE
SOUTH SIDE OF GULF-TO-BAY BOULEVARD,
APPROXIMATELY 1,090 FEET WEST OF EDENVILLE
AVENUE, CONSISTING OF A PORTION OF METES AND
BOUNDS 31/071, IN SECTION 18, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, LESS THE NORTH 50 FEET FOR GULF-
TO-BAY BOULEVARD, WHOSE POST OFFICE ADDRESS
IS 2337 GULF-TO-BAY BOULEVARD, FROM MOBILE
HOME PARK (MHP) TO COMMERCIAL (C); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby
rezoned, and the zoning atlas of the City is amended as follows:
Property
See attached legal description
(LUZ2009-06001)
Zoning District
From: Mobile Home Park (MHP)
To: Commercial (C)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to
the approval of the land use designation set forth in Ordinance 8079-09 by the Pinellas
County Board of County Commissioners, and subject to a determination by the State of
Florida, as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant
to §163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Item # 34
Ordinance No. 8080-09
Meeting Date:9/14/2009
Work Session
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 1520 S. Highland Avenue (Lots 15, 16, and south five feet of Lot 17 and north five
feet of Lot 14, Scotia Heights in Section 23, Township 29 South, Range 15 East); and pass Ordinances 8090-09, 8091-09 and 8092-09
on first reading. (ANX2009-07010)
SUMMARY:
This voluntary annexation petition involves a 0.198-acre property consisting of one parcel of land occupied by an office. It is located on
the west side of South Highland Avenue, approximately 295 feet south of Nursery Road. The applicant is requesting this annexation in
order to receive solid waste service from the City. The property is contiguous to existing City boundaries to the east and south. 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 the City. Sanitary sewer service is not available to this property. Collection
of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be
administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided
to this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with water,
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.
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 existing office use of the subject property
is not consistent with the uses allowed in the District. Therefore, when this property is annexed, the office will be a non-
conforming use. 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 east and south; therefore the annexation is
consistent with Florida Statutes Chapter 171.044.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 35
Attachment number 1
Page 1 of 7
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Owner: Lawrence W. Harkins III Case: ANX2009-07010
Site: 1520 S. Highland Avenue Property 0.198
Size Acres :
Land Use Zoning
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To: RL LMDR Atlas Page: 315A
S:APlanning Deparunent\C D B\Annexations\ANX - 2009\ANX2009-07010 - 1520 S Highland Avenue - Harkins\Maps\ANX2009-
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S:APlanning Deparunent\C D B\Annexations\ANX - 2009\ANX2009-07010 - 1520 S Highland Avenue - Harkins\Maps\ANX2009-
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S:APlanning Deparunent\C D B\Annexations\ANX - 2009\ANX2009-07010 - 1520 S Highland Avenue - Harkins\Maps\ANX2009-
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S:APlanning Deparunent\C D B\Annexations\ANX - 2009\ANX2009-07010 - 1520 S Highland Avenue - Harkins\Maps\ANX2009-
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S:APlanning Deparunent\C D B\Annexations\ANX - 2009\ANX2009-07010 - 1520 S Highland Avenue - Harkins\Maps\ANX2009-
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ANX2009-07010
Harkins, Lawrence W. III
1520 S. Highland Avenue
Item # 35
Attachment number 2
Page 1 of 1
ORDINANCE NO. 8090-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF SOUTH HIGHLAND AVENUE APPROXIMATELY
295 FEET SOUTH OF NURSERY ROAD, CONSISTING OF LOTS
15, 16 AND THE SOUTH FIVE FEET OF LOT 17 AND NORTH
FIVE FEET OF LOT 14, BLOCK B, SCOTIA HEIGHTS, WHOSE
POST OFFICE ADDRESS IS 1520 SOUTH HIGHLAND AVENUE,
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:
Lots 15, 16 and south five feet of Lot 17 and north five feet of Lot 14, Block B,
Scotia Heights, according to the plat thereof as recorded in Plat Book 10, Page 10,
Public Records of Pinellas County, Florida. (ANX2009-07010)
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
Ordinance Nol fnk W5
Attachment number 3
Page 1 of 1
ORDINANCE NO. 8091-09
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
WEST SIDE OF SOUTH HIGHLAND AVENUE
APPROXIMATELY 295 FEET SOUTH OF NURSERY ROAD,
CONSISTING OF LOTS 15,16 AND THE SOUTH FIVE FEET OF
LOT 17 AND NORTH FIVE FEET OF LOT 14, BLOCK B,
SCOTIA HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1520
SOUTH HIGHLAND AVENUE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lots 15, 16 and south five feet of Lot 17 and Residential Low (RL)
north five feet of Lot 14, Block B, Scotia Heights,
according to the plat thereof as recorded in Plat
Book 10, Page 10, Public Records of Pinellas
County, Florida. (ANX2009-07010)
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. 8090-09.
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
Ordinance No. 8091-09 Item # 35
Attachment number 4
Page 1 of 1
ORDINANCE NO. 8092-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF
SOUTH HIGHLAND AVENUE APPROXIMATELY 295 FEET
SOUTH OF NURSERY ROAD, CONSISTING OF LOTS 15, 16
AND THE SOUTH FIVE FEET OF LOT 17 AND NORTH FIVE
FEET OF LOT 14, BLOCK B, SCOTIA HEIGHTS, WHOSE POST
OFFICE ADDRESS IS 1520 SOUTH HIGHLAND AVENUE,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property Zoning District
Lots 15, 16 and south five feet of Lot 17 and north Low Medium Density
five feet of Lot 14, Block B, Scotia Heights, according Residential
to the plat thereof as recorded in Plat Book 10, Page (LMDR)
10, Public Records of Pinellas County, Florida.
(ANX2009-07010)
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. 8090-09.
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
Ordinance No.le?l# 935
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU), Preservation (P), and Drainage Feature Overlay
and Initial Zoning Atlas Designation of Medium Density Residential (MDR) District and Preservation (P) District for 1923 N Betty
Lane (Lots 5, 10, 11, and 12, together with Lot 4 less the North 150 feet of said Lot 4, Lange's Replat of Brown's Subdivision in
Section 3, Township 29 South, Range 15 East); and pass Ordinances 8093-09, 8094-09 and 8095-09 on first reading. (ANX2009-07011)
SUMMARY:
This voluntary annexation petition involves a 1.369-acre property consisting of one vacant parcel of land. It is located on the west side
of Betty Lane, approximately 178 feet north of Sunset Point Road. The applicant is requesting this annexation in order to receive water,
sanitary sewer and solid waste service from the City. The Planning Department is requesting that the 0.09-acres of abutting State Street
right-of-way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the north
and east. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU), Preservation (P),
and Drainage Feature Overlay, and a zoning category of Medium Density Residential (MDR) and Preservation (P).
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 does not receive water service. The closest water lines are located in both the adjacent State Street and
Betty Lane rights-of-way. The closest sanitary sewer line is located in the adjacent State Street right-of-way. The applicant is
aware of the additional costs to extend both City water and sewer service to this property. Collection of solid waste will be
provided by the City of Clearwater. The property is located within Police District II and service will be administered through the
district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by
Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with water, 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.
The proposed RU and P Future Land Use Plan categories are consistent with the current Countywide Plan designation of this
property. This RU designation primarily permits residential uses at a density of 7.5 units per acre. The Planning Department
and the Pinellas Planning Council are processing a map adjustment to update the Drainage Feature Overlay, making it congruent
with the P designation, pursuant to a jurisdictional wetlands survey. The proposed zoning districts to be assigned to the property
are the Medium Density Residential (MDR) and Preservation (P) Districts. 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 and east; therefore the annexation is
consistent with Florida Statutes Chapter 171.044.
Cover Memo
Item # 36
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Attachment number 1
Page 1 of 8
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Location Map
Owner: AHS Holdings, Inc. Case: ANX2009-07011
Property Size (Acres): 1.369
Site: 1923 N Betty Lane Size R-O-w (Acres):
0.09
Land Use Zoning
From : RU, P, & Drainage R-4
Feature Overlay
To: RU, P, & Drainage MDR & P
Atlas Page: 251 B
Feature Overlay
S:\Planning Departmeri D MAnnexationi - 2009\ANX2009-07011 - 1923 N Betty Lane - AHS Holdings IncuV1aps\ANX2009-
07011 Locatiori Item # 36
Attachment number 1
Page 2 of 8
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Owner: AHS Holdings, Inc. Case: ANX2009-07011
Site: 1923 N Betty Lane Property Size (Acres): 1.369
Size R-o-w (Acres):
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Land Use Zoning
From : RU, P, & Drainage R-4
Feature Overlay
To: RU, P, & Drainage MDR & P
Atlas Page: 251 B
Feature Overlay
S:\Plar ink Departmeri D MAnnexationi - 2009\ANX2009-07011 - 1923 N Betty Lane - AHS Holdings Inc\Maps\ANX2009-
07011 Aerial Photos aph.doc Item # 36
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Owner: AHS Holdings, Inc. Case: ANX2009-07011
Property Size (Acres): 1.369
Site: 1923 N Betty Lane Size R-o-w (Acres):
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Land Use Zoning
From : RU, P, & Drainage R-4
Feature Overlay
To: RU, P, & Drainage MDR & P
Atlas Page: 251 B
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S:\Plar ing Departmeri D MAnnexationi - 2009\ANX2009-07011 - 1923 N Betty Lane - AHS Holdings Inc\Maps\ANX2009-
07011 Proposed Annexatiori Item # 36
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S:Tlanning DepartmentT D B\Annexations\ANX - 2009\ANX2009-07011 - 1923 N Betty Lane - AHS Holdings 1ncuV1aps\ANX2009-
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Attachment number 1
Page 5 of 8
S:Tlanning DepartmentT D B\Annexations\ANX - 2009\ANX2009-07011 - 1923 N Betty Lane - AHS Holdings Inc\Maps\ANX2009-
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Owner: AHS Holdings, Inc. Case: ANX2009-07011
Property Size (Acres): 1.369
Site: 1923 N Betty Lane Size R-O-w (Acres):
0.09
Land Use Zoning
From : RU, P, & Drainage R-4
Feature Overlay
To: RU, P, & Drainage MDR & P
Atlas Page: 251 B
Feature Overlay
S:\Plar ing Departmeri D MAnnexationi - 2009\ANX2009-07011 - 1923 N Betty Lane - AHS Holdings 1ncuV1aps\ANX2009-
07011 Existini Surrounding Uses.doc Item # 36
Attachment number 1
View looking east at the subject property, 1923 N Betty Lane.
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ANX2009-07011
AHS Holdings, Inc.
1923 N Betty Lane
Item # 36
Page 1 of 2
Along Betty Lane
Attachment number 1
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View looking east along State Street View looking west along State Street.
ANX2009-07011
AHS Holdings, Inc.
1923 N Betty Lane
Item # 36
Page 2 of 2
Along State Street
Attachment number 2
Page 1 of 1
ORDINANCE NO. 8093-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 178
FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF
LOTS 5, 10, 11, 12, TOGETHER WITH LOT 4, LESS THE NORTH
ONE HUNDRED FIFTY FEET OF LOT 4, LANGE'S REPLAT OF
BROWN'S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS
1923 NORTH BETTY LANE, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY OF STATE STREET, 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:
Lots 5, 10, 11 and 12, together with lot 4, less the north 150 feet of said Lot 4,
Lange's Replat of Brown's Subdivision, according to the plat thereof, recorded in
Plat Book 24, Page 74, Public Records of Pinellas County, Florida , together with
the abutting right-of-way of State Street. (ANX2009-07011)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk Item # 36
Ordinance No. 8093-09
Attachment number 3
Page 1 of 1
ORDINANCE NO. 8094-09
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
EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 178
FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF
LOTS 5, 10, 11, 12, TOGETHER WITH LOT 4, LESS THE
NORTH ONE HUNDRED FIFTY FEET OF LOT 4, LANGE'S
REPLAT OF BROWN'S SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1923 NORTH BETTY LANE, TOGETHER WITH
THE ABUTTING RIGHT-OF-WAY OF STATE STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL URBAN (RU), PRESERVATION (P), AND
DRAINAGE FEATURE OVERLAY; 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
Lots 5, 10, 11 and 12, together with lot 4, less the Residential Urban (RU)
north 150 feet of said Lot 4, Lange's Replat of Brown's Preservation (P)
Subdivision, according to the plat thereof, recorded in Drainage Feature Overlay
Plat Book 24, Page 74, Public Records of Pinellas County,
Florida, together with the abutting right-of-way of State
Street. (ANX2009-07011)
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. 8093-09.
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 # 36
Ordinance No. 8094-09
Attachment number 4
Page 1 of 1
ORDINANCE NO. 8095-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF
NORTH BETTY LANE APPROXIMATELY 178 FEET NORTH OF
SUNSET POINT ROAD, CONSISTING OF LOTS 5, 10, 11, 12,
TOGETHER WITH LOT 4, LESS THE NORTH ONE HUNDRED
FIFTY FEET OF LOT 4, LANGE'S REPLAT OF BROWN'S
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1923
NORTH BETTY LANE, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY OF STATE STREET, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS MEDIUM DENSITY
RESIDENTIAL (MDR) AND PRESERVATION (P); 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
Lots 5, 10, 11 and 12, together with lot 4, less the
north 150 feet of said Lot 4, Lange's Replat of Brown's
Subdivision, according to the plat thereof, recorded in
Plat Book 24, Page 74, Public Records of Pinellas County,
Florida, together with the abutting right-of-way of State
Street. (ANX2009-07011)
Zoning District
Medium Density Residential (MDR)
Preservation (P)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8093-09.
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
Ordinance No.le?l# 936
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Discuss the sandwich board sign proposal recommended by the Task Force of the Government Affairs Committee of the Regional and
Beach Chambers of Commerce. (WSO)
SUMMARY:
The Clearwater Regional and Beach Chambers of Commerce have established a Task Force of the Government Affairs Committee to
create a forum for discussion regarding issues, ordinances, planning and future city initiatives that may affect the Clearwater Chambers.
The first undertaking of the Task Force is to review the City's sign ordinance. Instead of presenting a comprehensive list of the
Chamber's recommendations regarding the sign ordinance, the Task Force is proposing to recommend changes to the ordinance on a
topic-by-topic basis. At present, the Task Force has submitted a proposal to the Planning Department that would greatly expand the
scope and number of sandwich board signs allowed in the City by permitting them on public and private property in all Commercial,
Downtown and Tourist zoning districts. The current City provisions only allow such signs along traditional urban corridors in the
Downtown District. The proposed characteristics of sandwich board sign such as materials, size, permitting, etc. are very similar to the
City's current sandwich board sign provisions which will expire on September 18, 2009.
In the event Council directs staff to prepare an ordinance allowing sandwich board signs, the Planning Department recommends limiting
such signs to traditional urban corridors in the Downtown and Tourist Districts.
Review Approval: 1) Clerk
Cover Memo
Item # 37
Attachment number 1
Page 1 of 5
Comparison of City's Sandwich Board Sign Regulations with Chamber of
Commerce's Proposed Sandwich Board Sign Regulations
C'ite's Existin`,, SandN\Ich
Board Sign Regulations
Sandwich Board Sign
Regulations Proposed by
Clamber of Commerce
Planning- Depa7iti»ent's
Recommendation if Council
Supports Sandwich Board
Si (_Yn s
1 sign in front of business
location along traditional
urban corridors within the D
District.
Placed adjacent to or upon Placed on sidewalk within the
public rights-of-way within linear frontage of the specific
the linear frontage of the business being advertised.
specific business location
being advertised. Multi-occupancy parcels, A-
frames must be spaced at least
twenty feet.
Can't block any public way, or Can't block public way or be
be located within visibility within visibility triangle.
triangle.
Can't impede ingress or egress Can't impede ingress or egress
from a business entrance nor from a business entrance or
block access or visibility of a block access or visibility or
fire hydrant. fire hydrant.
1 sign per business in all parts
of the City.
Planning Department supports
sandwich board signs only
along traditional urban
corridors in the Downtown
and Tourist Districts.
Supports provisions.
Can't interfere with street
lights, street trees, utility
poles, benches, ramps, fire
hydrants, or other structure
and shall not impede traffic
visibilitv.
Sign can only be displayed
during business hours.
Must remove at end of
business day.
Supports provisions.
Can't be stored exterior to
business location.
Can't be stored out of doors.
Item # 37
Attachment number 1
Page 2 of 5
C'ite's Existing Sand\tiich
Board Sign Regulations
Sandwich Board Sign
Regulations Proposed by
Chamber of Commerce
Planning, Depa7li»ent's
Recommendation If Councils
Supports Sandwich Board
Sins
Sign placement may not
reduce sidewalk width to less
than 4' clear area.
42" in height. 24" in width
Sign shall be comprised of
metal, wood or synthetic
materials such as chalkboard
Sign must be professionally
designed and may use shapes
and forms indicative of the
type of business and the
services being advertised.
Must maintain 4' clear area.
42" in height. 24" in width
Must be constructed of
durable materials (steel, iron,
metal, or wood ) and shall be
maintained in good condition
Synthetic materials such as
chalkboard are acceptable
accent material but are limited
to 50% of sign area on each
sign.
Sign may use shapes and
forms indicative of business
types and services advertised.
Creativity is encouraged.
Supports provision.
S provision.
General agreement.
Recommend clarification of
appropriate synthetic materials
and the exclusion of certain
type of plastic signs.
Chalkboard limitation may be
too restrictive.
Item # 37
Attachment number 1
Page 3 of 5
C'ite's Existing Sand\tiich
Board Sign Regulations
Sandwich Board Sign
Regulations Proposed by
Chamber of Commerce
Planning- Depa7iti»ent's
Recommendation If Council
Supports Sandwich Board
Sins
Sandwich board sign shall not
be made from plastic or use
plastic lettering and shall not
include a whiteboard.
Sandwich board may not be
attached to any structure or
pole and may not include any
moving parts or attachments,
including but not limited to:
balloons, pennants and
streamers. However
attachable items such as a
removable chalkboard, that is
intended to be an integral part
of the sign and is not
precluded by other criteria is
permitted.
Metallic or fluorescent paint
shall be prohibited and all
permanent lettering must be of
professional quality and shall
not be plastic.
Cardboard, paper, canvas or
similar impermanent material
is prohibited.
Can't be attached to any
structure or pole and can't
include moving parts or
attachment, including but not
limited to balloons, pennants
and streamers. However,
attachable items such as
removable chalkboard, that is
intended to be an integral part
of the sign and is not
precluded by other criteria is
permitted.
Sandwich board signs shall be Sandwich board signs shall be
non-illuminated. non-illuminated.
Sign content shall be limited
to the name and trademark of
the business establishment, a
listing of products for sale and
prices or the advertisement of
special products and prices.
Sandwich board sign shall not
advertise a business or
products, goods and services
located on another property.
Supports provisions.
Supports provision.
Planning Department supports
content neutral regulations.
Item # 37
Attachment number 1
Page 4 of 5
C'ite's Existing Sand\tiich
Board Sign Regulations
Sandwich Board Sign
Regulations Proposed by
Chamber of Commerce
Planning- Depa7li»ent's
Recommendation If Council
Supports Sandwich Board
Sins
Design must be reviewed and
approved before placement.
Placement prior to approval
will not necessitate approval
of the application as submitted
A nonrenewable permit shall
be required and be issued for
one calendar year or any
portion thereof, but in no
event shall the period of
permit effectiveness extend
beyond the expiration date of
Ordinance No 7997-08
Applicant shall indemnify the
City from liability from
matters arising from the use of
said sign and further shall
obtain and provide the City
evidence of minimum general
liability insurance in the
amount of $1,000,000 in a
form acceptable to the City.
Sketch including dimensions,
content, materials, and
location of sign must be
attached to permit application
The permit application must
be approved by City's
Planning and Zoning staff
before sign is disblaved.
Permits shall be valid from
date of issuance. Any new
sandwich board sign requires
permit. Specifies that if
ordinance provisions changes
sandwich board signs will be
grandfathered until new sign is
created.
Applicant must indemnify the
City from liability from
matters arising from the use of
sign and further shall obtain
and provide the City with
evidence of minimum general
liability insurance in the
amount of $1,000,000 in a
form acceptable to the City
with the City named as an
additional insured.
General agreement. Planning
Department recommends that
submission requirements be
located in Section 4 Division 2
of Code.
General agreement, however,
recommend removing
grandfathering language.
Supports provision.
Item # 37
Attachment number 1
Page 5 of 5
City's Existing,, Sandwich
Board Si(,n Regulations Sandwich Board Si,,n
Regulations Proposed by
Chamber of Commerce Differences between Existing
and Proposed Ordinance
Signs failing to meet these Sandwich board signs failing Supports provisions.
criteria are subject to to meet criteria or place on
immediate removal from public right-of-way without a
public street, road, highway, permit are subject to
right-of-way, or other public immediate removal.
property.
Sandwich board signs located Sandwich board signs located Supports provision.
upon public rights-of-way upon the public right-of-way
may be moved or removed by may be moved or removed by
the City for municipal the City of municipal purposes
purposes as may be necessary as may be necessary from
from time to time. time-to-time.
Item # 37
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Discuss amendments to the Community Development Code to increase required side setbacks for commercial docks. (WSO)
SUMMARY:
At the August 20th City Council meeting, Council requested that staff conduct research regarding the possibility of increasing the
required side setbacks for commercial docks from the existing standard of 10 percent of the property width measured at the waterfront
property line to 20 percent of the same. Incorporating such changes into Ordinance 8043-09, Code V, would not have been possible
without a title change and readvertising. Thus, amending Section 3-601.C.3.h.i would require a new ordinance.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 38
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Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint two members to the Environmental Advisory Board with the terms to expire September 30, 2013.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Environmental Advisory Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 5
CHAIRPERSON: Anna M. Fusari
MEETING DATES: Quarterly Meetings - 3rd Wed., 4 pm
PLACE: MSB Conf. #221
APPTS. NEEDED: 2
STAFF LIAISON: Edward F. Chesney/Engineering
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE(D) AND NOW REQUIRE EITHER
REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE
1. Joseph A. Calio - 1290 Gulf Blvd. Number 1608, 33767 - Original Appointment 09/07/06
Resigned 02/12/09 - (was serving 1st term to expire 09/30/2009)
2. Ron Gregory - 732 Snug Island, 33767 - Original Appointment 09/07/06
Interested in Reappointment: No (Ending lit term 09/30/09)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES:
1. Michael Engelmann - 2958 Deer Run S., 33761 - Mechanical Engineer
Application received 09/03/09
2. Jason Robert Happe - 2045 Anchorage Way, 33755 - Firefighter
Application received 08/13/09
3. Kurt B. Hinrichs - 1029 Charles St., 33755 - Civil Engineer/Builder
Application received 09/10/09
4. Robert Peter Stasis - 3256 Fox Hill Drive, 33761 - Mechanical Engineer
Application received 09/02/09
Zip codes of current members:
2 at 33755
1 at 33763
1 at 33767
Cover Memo
Review Approval: 1) Clerk
Attachment number 1
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
M1 C.hfF> L. ZtACSCL_MANt.1
Home Address:
29 S?4 Dee-& Rut4 S
Office Address:
t d S- F-T . HATLkk ",,-I & u C-Jr- C-C..EAt WATCR, FL- Zip 3 3`}G i Cuci 2+Nbrc-R, FL Zip -S 37-56
Telephone: (1.2-0 -? ZL- 9 32 ° Telephone: L z ?) 4 ? 3
Cell Phone: ? -) E-mail Address: ? ?^AU cn. Pt?t?lias.
?l. us
How long a resident of Clearwater? Z a v e?? (? t?s-t - Jam I , z in'
Occupation: ME:LHnnatcAL P'Ar'WCCk Employer: PtN ?-?a5 Cp1?N ry U-r1LkT1 S
Field of Education:
6S- MeCtq tj4C,Aiee2wL, Lay:w U; l,?IS
M A ;>i S-0 13 I °I -1 4-
FL PE vr-.4ci -? ci ?
If retired, former occupation:
Other Work Experience:
V,/ A,$TG-TO- FNeM- 'I PC'wGR. {' -AA3"CS
LjA s' ? E WA'TC- fL 'TQ CA'7 M is N i S t_. U V& C.
?--rA%iE W AT'Z? R i{
Community Activities: 'Fe PA RT%?GkpArINC Lt:3 cL-FhR-A-T R k0 CL 7tZt _Q
NC-A 0GrKy 'S-1 t' gat, SE P e, ?_00 9
Other Interests:
Board Service (current and past):
rs/n
Additional Comments:
Board Preference:
Signed: ky%! ? Date: -P I (? 9
T
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.
R??E1 V
SEP 03 2099
OFFICIAL. RECORDS AND Item # 39
LEGISLATIVE SRVCS DEPT
Attachment number 1
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
M11,41MAL-- GAScU Uri 3Rt?F "[ ?c?ptor.4L GaA3J rt A ?aet1 W1T{f
61D C-HC-5h1e-y
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
f V (2
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
,tq Uc ?T wCTCy "A(,3y erJ\)t/t.oNMensTnL tSSu?S ?Ct1Rau.t?tv?cT CtitL?2.
A ik FeKM,-V S CWA-1.TC= rv-E:WC(,Gy/(Ic14MICtPAL 5lui>&06Wns aL,>NTC-& )
FL +f- 1' ivy De? 5L,.> FLo&(D Acv E o?,vps Nvtsc l?usi Lk &iHTS, c\c ^
CQLATC 0 -r-e> ACT%tA.L- fifth T trQ6 F11C.ttrt T'tF Gar'H6n "Tort Ok5eS
tr4Oi GO 5XMI(C- , b (LChkoS
4. Why do you want to serve on this Board?
? WAr.1? 1C? Ci>NtR143iC'c? Tv 'T'NT '??-?Ti:RKEYJj £?. ?-?'?:t?Aff?- r>?' FuT?tftG
?CAA'T?a N5. ?lJcJ htA?- ip C-c?StorS APLC MA Dt -c>2 , cyUAY r) C-CH C C'rLE
aPN 0o RECAAt> Fotz T?/to2/tvw wAr-?r T`> VC A VOkc:E
'o rt? M yft (Zvw
!~a?,E??-?reNru
Name: rl t c?jAe,-
Board Name: ENytlCo4r,( arnL, AywscaY
Item # 39
Attachment number 2
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: Jason Robert Happe
Home Address:2045 Anchorage Way Office Address:
Zip 33755 Zip
Telephone: 812-7858 946-0654 Telephone:
How long a resident of Clearwater? 5+ years
Occupation: Firefighter
Employer: Palm Harbor Fire Rescue
Field of Education: Fire Science/EMS Other Work Experience:
If retired, former occupation:
Community Activities: Member of Edgewater Drive Neighborhood Association
Other Interests:
Board Service (current and past): None
Board Preference: 1. Parks and Recreation Board
2. Environmental Advisory Board
3. Marine Advisory Board
Additional Comments:
Signed:
Date: / 1,3,
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.
AUG 13 2008
i {? `PltP_h # 39
Attachment number 2
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
I'm going in to this new, but from the title, advisory board, I think it is to advise the
board of commissioners, problems and solutions of the issues of the particular
jurisdiction of that advisory board.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Yes, on TV.
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
I have been a public servant for 15 years. I have interest in keeping my community
up to a high standard.
4. Why do you want to serve on this Board?
At this time I am open to serving on any of the boards listed above. The commonality
of those boards is that they are all of outdoor activities or correlate to the safety of
the ourdoors.
Name: Jason R. Happe
Board Name:
Item # 39
Attachment number 3
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: Kurt B. Hinrichs
Home Address:
1029 Charles St.
Clearwater. FL Zip 33755
Telephone: 727 446-8916
Cell Phone: 727 647-7543
Office Address:
1390 Done a(t n Rd.
Largo FL Zip 33771
Telephone: 727 585-9945
E-mail Address: khinrichs(a)caladesi.biz
How long a resident of Clearwater? 18 yrs (Clearwater), 44 yrs (Pinellas County)
Occupation: Civil Engineer/Builder Employer: Caladesi Construction Co.
Field of Education:
B.S. Civil Engineering (Coast Guard Academy)
Alumnus of Belcher Elementary. Oak Grove
Middle and Largo High Schools
If retired, former occupation: N/A
Other Work Experience:
7 yrs US Coast Guard Officer (Active Duty)
20 vrs US Coast Guard Officer (Reserve)
Community "Activities: FL Engineering Society (Pinellas Chapter), Board Member; Kids Voting
Tampa Bay, Board VP; youth sports volunteer with Clearwater Chargers, Clearwater YMCA
Soccer and Upwards Football and Soccer.
Other Interests: Running, reading
Board Service (current and past):
Board Preference:
Environmental Advisory Board
Additional Comments:
Y
Signed: ? 4*4 t ?'
Date: 6 O
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
NEUNVE
S EP 16 2099
OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT Item # 39
Attachment number 3
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities? Provide citizen insight to
Commission on environmental activities within & affecting the City, identify & assess significant
environmental objectives and review & provide recommendations to the Commission on selected
environmental programs and projects.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
No
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board? 1 have a degree in Civil Engineering, am a licensed Professional Engineer, and
have been working in this field for the last 20 years. 1 am currently on the board of the
Pinellas County Chapter of the Florida Engineering Society.
4. Why do you want to serve on this Board? Although I'm an active volunteer in our community,
I have never served the City in this way. I think it's important for me to use the skill set I have
to benefit Clearwater.
Name: Kurt B. Hinrichs
Board Name: Environmental Advisory Board
Item # 39
Attachment number 4
Page 1 of 4
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(Must be Clearwater resident)
Name: Robert Peter Stasis
Home Address:
3256 Fox Hill Drive
Office Address:
324 So. Hyde Park Ave., Suite 250
Clearwater, FL Zip: 33761 Tampa, FL Zip: 33606
Telephone: 727-787-1335 Telephone: 813-258-0703
Cell Phone: 813-335-0922 E-mail Address: pstasis@Jonesedmunds.com
How long a resident of Clearwater? 20 years (1990-Current)
Occupation: Office Manager, V.P. Employer: Jones Edmunds
Field of Education: Other Work Experience:
Mechanical Engineer-Northeastern University Managing Engineer- AECOM,
Director Utilities - TBE Group, Director
Utilities Engineering - Pinellas County,
Director Environmental Resource
If retired, former occupation:
Community Activities: Florida Engineering Society (FES) - Pinellas Chapter (Treasurer,
Incoming V.P.), American Society of Highway Engineers (ASHE) (Past President), Trustee
Chair - Curlew United Methodist Church (UMC). Previous SAC member for Curlew Elementary
and heavily involved with children sporting activities and school activities (Palm Harbor
Middle, Countryside H.S.) as our children were growing up in Pinellas County. Served as a
member of the Pinellas County Solid Waste Technical Management Committee. Actively
engaged as a volunteer for the Great American Teach-In, Future Cities Competition among
Middle Schools, and Math Counts Competition among Middle Schools in Pinellas County.
1
2,?cq
U
J
Management, V.P. - HDR Engineering
Item # 39
Attachment number 4
Page 2 of 4
Other Interests: Boating, Motorcycling, Bicycling
Board Service (current and past):
Current: Curlew UMC Board of Trustees,
FES Pinellas Chapter Board of Directors
Past: ASHE Board of Directors
Board Preference:
Environmental Advisory Board
Additional Comments: Recipient of the 2009 Florida Engineering Society "Outstanding
Technical Achievement" Award
Date: # ??-W I
Signed:
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 # 39
Attachment number 4
Page 3 of 4
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Provide citizen input on environmental activities which may affect the City. Identify and
assess significant environmental objectives and review and provide recommendations to the
Commission on selected environmental programs and projects.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
No.
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
I have been active in the Tampa Bay Region Engineering Community for the past twenty years
performing environmental and engineering services for local municipal governments (Pinellas
County and the cities of Clearwater, St. Petersburg, Dunedin, Tarpon Springs, Treasure Island
and Largo), state regulatory agencies and state government. I also had the privilege of
working as a municipal government employee (Director of Utilities Engineering - Pinellas
County) for a number of years. I am a graduate of the USF Institute of Government "Executive
Fellows Leadership Development Program" - Class of 2000. l believe that the cumulative
experience gained from working in the public and private sectors (both sides of the fence) has
afforded me a greater perspective of the community needs and processes available to achieve
desired results in a timely manner.
4. Why do you want to serve on this Board?
It's my opportunity to give back to the community in which I reside and have raised my family.
I take the volunteer role seriously and enjoy working with others who have volunteered their
time for a common cause. I am proud to be a resident of the city and enjoy the amenities
Item # 39
Attachment number 4
Page 4 of 4
provided to us citizens. Our environment is to be taken seriously and should be managed
with careful thought by those who look forward to a safe and healthy future.
Name: R. Peter Stasis -
Board Name: Environmental Advisory Board
Item # 39
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8104-09 on second reading, amending Chapter 22, Code of Ordinances, to change administrative responsibility
for public bathing beaches, bathing and swimming areas, and the Courtney Campbell Recreation Area from the City Marine Department
to the City Manager or his designee; eliminating the definition of safe bathing limit, and to describe areas formerly described as safe
bathing limits as areas prohibiting, generally, watercraft and aircraft.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 40
Attachment number 1
Page 1 of 3
ORDINANCE NO. 8104-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PARKS; AMENDING CHAPTER
22, PARKS, BEACHES, RECREATION; MODIFYING
SECTIONS 22.21 DEFINITIONS, PUBLIC BATHING
BEACHES, AND 22.33 BATHING AND SWIMMING AREAS
AND THE COURTNEY CAMPBELL RECREATION AREA,
SUBSECTIONS (4) AND (8) TO CHANGE
ADMINISTRATIVE RESPONSIBILITY THEREFORE FROM
THE CITY MARINE DEPARTMENT TO THE CITY
MANAGER OR HIS DESIGNEE; AMENDING SECTION
22.21 DEFINITIONS, TO ELIMINATE THE DEFINITION OF
SAFE BATHING LIMIT; AMENDING SECTIONS 22.33 (6)
BATHING AND SWIMMING AREAS AND THE COURTNEY
CAMPBELL RECREATION AREA, 22.34(2) BOATING,
22.35(6) FISHING, AND 22.47(3) AIRCRAFT, TO
DESCRIBE AREAS FORMERLY DESCRIBED AS SAFE
BATHIING LIMITS AS AREAS PROHIBITING,
GENERALLY, WATERCRAFT AND AIRCRAFT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has reorganized the beach lifeguard operations moving the
management from the Marine Department to the Parks and Recreation Department;
and
WHEREAS, the Code of Ordinances currently references the Marine Department
as the responsible party to oversee the beach operations, and
WHEREAS, it is necessary to change the Code so that the City Manager or his
designee is responsible for operations of the beach and lifeguards; and
WHEREAS, there are several other parts of the code that need to be updated
and modified to meet these changes; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. That Chapter 22 of the Code of Ordinances, City of Clearwater,
Florida, is hereby amended to read as follows:
Chapter 22
Parks, Beaches, Recreation*
Ordinance No.IWO#409?0
Attachment number 1
Page 2 of 3
Article II. Use Regulations*
Section 22.21. Definitions
Public bathing beaches means public beaches abutting the Gulf of Mexico which are
assigned to the city parks and recreation department for upkeep and maintenance and
to the Gi+„ marine depaFt 1eRt city manager or his designee for operation.
PGORt 300 TC°_+ nff_chnre that is Marked by i eys err ether similar devir-es and that
deccrihed in cent inn 22 114.
Sec. 22.33. Bathing and swimming areas and the Courtney Campbell Recreation
Area.
* * *
(4) Persons using public beaches or the Courtney Campbell Recreation Area shall
obey all rules posted by marine deportment neYCnnnel the city manager or his designee
and other rules affecting beach use and water safety which are implemented as the
situation dictates.
(6) Surfboards, sailboats, motorboats, personal watercraft, or singular hand-surfaced
objects are not permitted to be beached on any public beach or to be operated withip
cafe ha+hinn limi+c accnnia+er! +herenii+h in any area described in section 33.114 Exhibit
"A", attached hereto and incorporated herein) unless authorized.
(8) Public Beaches and the Courtney Campbell Recreation Area, as well as the
swimming areas associated therewith, may be closed to the public when, in the opinion
of the city manager or his designee h"rhr_rm'+cter use of such areas is considered
dangerous due to weather, surf or other conditions.
Sec. 22.34 Boating.
2 Ordinance No. 8104-09
Item # 40
Attachment number 1
Page 3 of 3
(2) No person shall bring into or operate any boat or watercraft of any kind whatsoever;
whether motorized or not, in any safe bathing limits 9r restricted area associated with
any public bathing beach of the city or in any area described in section 33.114 except
city vessels performing official tasks and authorized under section 33.116.
Sec. 22.35. Fishing.
(6) No person shall at any time fish from beaches in any area where bathing and
swimming are permitted nor within any cafe bathing limits e restricted area associated
therewith or in anv area described in section 33.114.
Sec. 22.47. Aircraft
(3) No person shall take off, land or otherwise operate any aircraft in or over any eafe
bathing IiMi+c °Cr^^1O+°Cj ,n,i+h a public beach or in any area described in section
33.114.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AMENDED
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
3 Ordinance No. 8104-09
Item # 40
il??-?
??
Attachment number 3
Page 1 of 1
MOTION TO AMEND ORDINANCE NO. 8104-09 ON SECOND READING
On page 2, amend the ordinance as follows:
The following language is added to number (6) as follows:
(6) Surfboards, sailboats, motorboats, personal watercraft, or singular hand-
surfaced objects are not permitted to be beached on any public beach or to be
operated `Mithin c°f° bathing limits occnniotor! thoro?niith in any area described in section
33.114 (Exhibit "A," attached hereto and incorporated herein) unless authorized.
Pamela K. Akin
City Attorney
September 2009
Item # 40
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Request for authority to institute a civil action against Advanced Communications, LLC, to recover $2,885.62 for damages to City
property. (consent)
SUMMARY:
On September 25, 2008, employees of Advanced Communications LLC were performing excavation work in the vicinity of the
intersection of Bertland Way and Chenango Avenue in Clearwater, Florida, and accidentally severed a City water main. Water flooded
the area, but no barriers or cones were placed to block the street. A Department of Solid Waste side-loading vehicle was making a right
turn from Chenango onto Bertland, and was waived on by one of the workers. The pavement collapsed and the cab of the truck sank
into the rapidly enlarging hole caused by the road wash-out, resulting in damages to the City vehicle in the amount of $2,885.62.
Attempts to collect the amount of damages from Advanced Communications, LLC have been unsuccessful.
The Legal Department requests authority to bring a legal action against Advanced Communications, LLC to recover the moneys owed
to the City for the aforesaid property damage.
Type: Operating Expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Budget Adjustment: No
Current Year Cost: $350.00 Annual Operating Cost:
Not to Exceed: Total Cost: $350.00
For Fiscal Year: 10/01/08 to 09/30/09
Appropriation Code Amount Appropriation Comment
590-07000-545900-519-000 $350.00
Bid Required?: No Bid Number:
Other Bid / Contract: Bid Exceptions: None
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 41
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 42
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Efficiency Reviews of Fire and Parks and Recreation - Gibson
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 43
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Hotel Density
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 44
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 45
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
5 Years of Service
Theodore Mellis
20 Years of Service
Stephen Sarnoff
Review Approval: 1) Clerk
Cover Memo
Item # 46
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Fire Prevention Week Proclamation
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 47
Meeting Date:9/14/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Public Natural Gas Week Proclamation - October 4 through 10 2009.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 48