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09/17/2009
- City Council Agenda Location: Council Chambers - City Hall Date: 9/17/2009- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Service Awards Attachments 4.2 Fire Prevention Week Proclamation Attachments 4.3 Public Natural Gas Week Proclamation - October 4 through 10 2009. Attachments 5. Approval of Minutes 5.1 Approve the minutes of the September 3, 2009 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 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 7.2 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, 2010, for operating purposes including the funding of pensions, debt service and road maintenance for capital improvement expenditures at 5.1550 mills. Attachments 7.3 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. Attachments 7.4 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 7.5 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 7.6 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 7.7 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 7.8 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 8. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 8.1 Approve a 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 9. Second Readings - Public Hearing 9.1 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 City Manager Reports 10. Consent Agenda 10.1 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 10.2 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 10.3 Approve the October 1, 2009 Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater. (consent) Attachments 10.4 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) Attachments 10.5 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) Attnchmentc 10.6 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 10.7 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 10.8 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) Attachments 10.9 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 10.10 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 10.11 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). Attachments 10.12 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 10.13 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 10.14 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 10.15 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 10.16 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 10.17 Approve the second amendment to the Alligator Creek Implementation Projects, Phase II (L054)and authorize the appropriate officials to execute same. (consent) Attachments 10.18 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) B Attachments 10. 19 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 10.20 Request for authority to institute a civil action against Advanced Communications, LLC, to recover $2,885.62 for damages to City property. (consent) Attachments 11. Other Items on City Manager Reports 11.1 Amend the City's fiscal year 2008/09 Operating and Capital Improvement Budgets at Third Quarter and pass Ordinances 8102-09 and 8103-09 on first reading. Attachments 11.2 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. Attachments 11.3 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 11.4 Rescind Article VII, Solid Waste Management, Sections 32.272(4) and Section 32.288 and pass ordinance 8106-09 on first reading. 19 Attachments 11.5 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. B Attachments 11.6 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. Attachments 11.7 Appoint two members to the Environmental Advisory Board with the terms to expire September 30, 2013. Attachments Miscellaneous Reports and Items 12. City Manager Verbal Reports 12.1 City Manager Verbal Reports Attachments 13. Council Discussion Items 13.1 Sandwich Boards Attachments 13.2 Side Setbacks for Docks Attachments 13.3 Efficiency Reviews of Fire and Parks & Recreation - Gibson Attachments 13.4 Hotel Density Attachments 14. Other Council Action 14.1 Other Council Action Attachments 15. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Scott Rhodes Solid Waste Theodore Mellis Engineering Kevin Webb Parks & Recreation 10 Years of Service Eric Kleinman Parks & Recreation Edith Jones Public Utilities/WPC Dylan Newell Gas Leroy Chin Parks & Recreation Matthew Dupree Police Chad Reed Police Joseph Farrar 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 Meeting Date:9/17/2009 Cover Memo Item # 1 Review Approval: 1) Clerk City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Fire Prevention Week Proclamation SUMMARY: Meeting Date:9/17/2009 Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Public Natural Gas Week Proclamation - October 4 through 10 2009. SUMMARY: Meeting Date:9/17/2009 Review Approval: 1) Clerk Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall Meeting Date:9/17/2009 SUBJECT / RECOMMENDATION: Approve the minutes of the September 3, 2009 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 16 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 3, 2009 Unapproved Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 3. , ' . ` . - °° 'r 4. Presentations 4.1 °°'-i e Prevention Week Proclamation - I nip cClelland, Founder and -.°Ijne Jehsn Chapter Director of Suncoast ? ,AG,,v Ribbon Suicide Prevention L gram. 5. Approval of Minutes 5.1 Approve the minutes of the August 3, I City Council ?Iir ` the August 20, 2009 City Council Meeting a submiUe in written summation b the Cit Clerk. Councilmember Carlen Petersen moved to approve the minutes of the August 3, 2009 Special City Council Meeting and the August 20, 2009 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Council 2009-09-03 Item #14 Attachment number 1 Page 2 of 16 6. :.. j U., Not the 11 None. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Continue to Se ter ber 17, 2003 the first rc?_ `ins; of Ordinance 8044-,21 Amendments to the Communit _F -1--anent (- . ` `- - '° a new T _m°,t Attached Dwellings use in the Tour! District, and o _,;tablish criteria addresinq accessory uses for overnight accommodations Aj thu Commercial and Tourist Districts. (TA2009-01004) Councilmember John Doran moved to continue Item 7.1 to September 17, 2009. The motion was duly seconded and carried unanimously. 7.2 c,'--t a final millc&: ? rate of 5.1550 mills for fiscal y ar 2009/10 levied against non- m t rrr -n il property with the City o -r -rater ane r Ordinance c _ 9®09 on first reading. - In accordance with Chapter 200 of the Florida Statutes which defines requirements for the "Determination of Millage" and the rules governing Truth in Millage (TRIM) Compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a proposed millage rate of 5.1550 mills on July 16, 2009, which is the rate that appeared on the TRIM bill notices mailed to taxpayers in August. The millage rate of 5.1550 mills represents a 7.19% decrease from the rolled back rate of 5.5543 mills. Ordinance 8099-09 is now presented in order to adopt the millage rate of 5.1550 mills to support the operating and capital improvement budgets for the 2009/10 fiscal year. Budget Director Tina Wilson provided a power point presentation. Three individuals opposed closing the East Branch Library. Three individuals thanked Council for keeping the North Greenwood Branch Library open. Council 2009-09-03 Item #A Attachment number 1 Page 3 of 16 Nine individuals opposed closure of the Morningside Recreation Center. One individual supported the City Manager's proposed millage rate and one individual supported a centrally located regional library. One individual expressed concern with incentives meant to revitalize downtown. Two individuals spoke in opposition. In response to questions, Parks & Recreation Director Kevin Dunbar said some recreation centers spend more due to size and number of attendees. The Morningside facility is staffed during programmed activities. There is still some monies set aside for design of the new Morningside Recreation Center in Penny for Pinellas. Mr. Dunbar said the current Morningside Recreation Center was not constructed as a recreation center and would require a large investment for renovations. If Morningside closed this year, it would take approximately 18-24 months for design and construction. In response to a suggestion, Finance Director Margie Simmons said council policy allows use of reserves for one-time expenditures. Using savings to pay operations is not recommended. Budget Director Tina Wilson said once the millage rate is decreased that will add more to cut next year. Councilmember George N. Cretekos moved to use $500,000 from reserves to lower the millage rate by.06 mills. The motion was duly seconded. Concern was expressed that the .06 mills reduction will equate to a $1.00- monthly savings. Upon the vote being taken, Councilmember George N. Cretekos voted "Aye;" Councilmembers John Doran and Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard voted "Nay." Motion failed. Council 2009-09-03 Item #34 Attachment number 1 Page 4 of 16 Councilmember Carlen Petersen moved to set a final millage rate of 5.1550 mills for fiscal year 2009/10 levied against non-exempt real personal property with the City of Clearwater. The motion was duly seconded. Vice-Mayor Paul Gibson moved to amend the motion to set the millage rate at 4.8 mills. The motion was duly seconded and upon vote being taken: "Ayes": Mayor Frank Hibbard and Vice-Mayor Paul Gibson. Councilmember "Nays": Councilmembe?Carlen Petersen.Councilmember John Doran, and Motion failed. Upon the vote being taken on the original motion: Councilmember George N. Cretekos, Councilmember John Doran, "Ayes": and Councilmember Carlen Petersen. "Nays": Mayor Frank Hibbard and Vice-Mayor Paul Gibson. Motion carried. The Council recessed from 7:49 p.m. to 7:57 p.m. Ordinance 8099-09 was presented for first reading and read in full. Councilmember John Doran moved to pass Ordinance 8099-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember Carlen Petersen, Councilmember John Doran and Councilmember George N. Cretekos "Nays": Mayor Frank Hibbard and Vice-Mayor Paul Gibson. Motion carried. 7.3 L. -)rove the City of Clea ater Annual Operating Budget for the 2009/10 fiscal ® r nd ass Ordinance 8100-09 on first reading. Council 2009-09-03 Item #44 Attachment number 1 Page 5 of 16 In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the final budget. The adoption of this ordinance and the related ordinances adopting the 2009/10 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. On June 30, 2009, the City Manager provided the City Council with the Preliminary Annual Operating and Capital Improvement Budget that outlined proposed estimates of revenues and expenditures for the 2009/10 fiscal year. A special budget meeting was held for citizen input on August 3, 2009; and the Council has also discussed the proposed budget at several work sessions and City Council meetings. After the preliminary budget was released, Pinellas County agreed to the continued funding of Rescue 46. Also, during the Council discussions several other changes have been made to the preliminary budget including the continued funding of the Jolley Trolley from the Parking Fund; a reduction in funding for road improvements; funding for Rescue 50 and the North Greenwood library. These changes, and others, are detailed on the worksheet to provide a summary as to staff's interpretation of the City Council's direction to date on a final budget for fiscal year 2009/10. Vice-Mayor Paul Gibson moved to approve the City of Clearwater Annual Operating Budget for the 2009/10 fiscal year. The motion was duly seconded. Councilmember John Doran requested that $50,000 for Pinellas Hope be included in the budget. Councilmember Carlen Petersen withdrew her second. Councilmember John Doran moved to allocate $50,000 for Pinellas Hope. The motion was duly seconded. Upon the vote being taken, Councilmembers John Doran and Carlen Petersen voted "Aye" and Councilmembers George N. Cretekos, Paul Gibson, and Frank Hibbard voted "Nay." Motion Failed. Council 2009-09-03 Item #54 Attachment number 1 Page 6 of 16 One individual spoke in support and one in opposition. Councilmember George N. Cretekos moved to approve the City of Clearwater Annual Operating Budget for the 2009/10 fiscal year. The motion was duly seconded and upon vote being taken: Councilmember George N. Cretekos, Councilmember John Doran, "Ayes": and Councilmember Carlen Petersen. "Nays": Mayor Frank Hibbard and Vice-Mayor Paul Gibson. Ordinance 8100-09 was presented for first reading and read by title only. Councilmember Carlen Petersen moved to pass Ordinance 8100-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember Carlen Petersen, Councilmember George N. Cretekos, and Councilmember John Doran "Nays": Vice-Mayor Paul Gibson and Mayor Frank Hibbard. Motion carried. 7.4 Adopt the Fiscal Year 2009/10 Capital Improvement Budget and establish a six- vear flan for the Capital Improvement Program CIP) and pass Ordinance 8101® 09 on first reading. In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final budget. The adoption of this ordinance and the related ordinances adopting the 2009/10 millage rate and Operating Budget are an integral part of fulfilling these requirements. On June 30, 2009, the City Manager provided the City Council with the Preliminary Annual Operating and Capital Improvement Budget. A special budget meeting was held for citizen input on August 3, 2009 and the City Council has also discussed the proposed budget at several work sessions and City Council meetings. The only change to the Preliminary Capital Improvement Budget is the reduction of $500,000 of road millage revenues and the related funding of the capital project for streets and sidewalks in fiscal year 2009/10, and a reduction of $500,000 annually for road funding in each of the next five years of the plan. Council 2009-09-03 Item 04 Attachment number 1 Page 7 of 16 Councilmember John Doran moved to adopt the Fiscal Year 2009/10 Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP). The motion was duly seconded and carried unanimously. Ordinance 8101-09 was presented for first reading and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8101-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. The City Council held two special work sessions in January and March of 2009 to review the Penny for Pinellas projects planned through fiscal year 2020. The Council made recommended changes due to the economic decline of resources and also prioritized the project list, in order for the funding to be included in the six-year capital improvement plan. The worksheets include the recommended changes to the Penny project list and the project funding forecast as a result of these planning work sessions. Primary changes include: The Highland Avenue widening project has been eliminated from the list. This project is no longer needed due to the extension of Keene Road in that area. New projects provide for the replacement of $1.8 million of Police vehicles and $1.97 million for Fire engines. The fire engines had been previously funded in the respective fire station renovation projects. A new project funds a consolidated "Eastside" Library at an estimated cost of $10 million to replace the East and Countryside branch libraries. This eliminates the need for the renovation of the East and Countryside branch libraries. The Countryside Aquatics Center project has been eliminated from the list due to operational economic issues, although the funds remain to support a project in the Countryside area yet to be determined. Council 2009-09-03 Item #-4 Attachment number 1 Page 8 of 16 The Downtown Parking Garage project has been eliminated. The Municipal Beach Parking Garage project has been reduced from a $12.5 million project to an $8.5 million project. The New City Hall and Parking Garage project has been reduced from a $25 million project to a $7 million project. The Senior Facility project budget has been reduced from a $3.5 million project to a $1.2 million project. Since the City has located the senior programs in the Long Center, this has allowed a reduction in the funds necessary to accomplish this program. The Downtown Streetscape budget has been reduced from a $12.5 million to an $8 million project. The City-wide Wireless Mesh project has been eliminated. A new project funds a Downtown Intermodal Facility in the amount of $8 million to allow for the growth and expansion of public transit service within Clearwater. A new project funds a portion of the major renovation of the Royalty, or Capitol Theater, in the amount of $3.55 million. A new project funds a portion of the construction of the public boat slips on the downtown waterfront at the base of Cleveland Street in the amount of $4.125 million. A new project for $3.5 million provides for the possible purchase of the St. Petersburg Times property for the purpose of consolidating other City facilities on this site as yet to be determined. Vice-Mayor Paul Gibson moved to approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years 2009/10 through 2019/20. The motion was duly seconded and carried unanimously. 8. Second Readings - Public Hearing 8.1 Adopt Ordinance No. 8043-09 on second reading, making amendments to the Community Development Code to provide for consistency between the onin Atlas, the City°s Future Land Use Plan and the rrovisions of the Countywide Future Land Usa It was stated that a motion to amend on second reading was needed to remove the requirement for one foot of additional width to a parking space. Councilmember Carlen Petersen moved to amend Item 8.1, removing the requirement for 1 foot of additional width to a parking space. The motion was duly seconded and carried unanimously. Council 2009-09-03 Item #4 Attachment number 1 Page 9 of 16 Ordinance 8043-09 was presented for second reading, as amended, and read by title only. Councilmember John Doran moved to adopt Ordinance 8043-09, as amended, on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. ®r 8.2 Adopt Ordinance No. 8081---, _ n-' rr, -ling, annexing -rl-&n real whose post office address is-_1 & 1 m.l _ r and- rive into the c n-lorate limits of ine city and redefining the boundary line of the URY to include said addition Ordinance 8081-09 was presented for second reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8081-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. 8.3 Adopt Ordinancl° on second r- ling, amending the Future Land Use Plan element of ti,e L rrehensive Plan of the city to designate the land use for certain real roea L? 'VV-1103 e post office address is 2141 Alemanda rive, upon annexation into the City o Clearwater, as Residential Urban U). Ordinance 8082-09 was presented for second reading and read by title only. Vice- Mayor Paul Gibson moved to adopt Ordinance 8082-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. 8.4 Adopt Ordinance No P183-09 on second reading, amending th3 °nin .A,tl-> of the city b onin ?° t-Fn r- )ro ert ost offic°? r--- i- g '141 Alemanda rive, u,-,, _-nne,,_-tic,i into the Ciej of Clearwater, v L4 " _ium Density Residential (L _. ?. Council 2009-09-03 Item #54 Attachment number 1 Page 10 of 16 Ordinance 8083-09 was presented for second reading and read by title only. Councilmember Carlen Petersen moved to adopt Ordinance 8083-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. 8.5 Adopt Ordinance No ""_@ rg on second reading, ?° - _ thc' -+ f&-.1 +-?+ ellf the ten-foot rainae E_ - ement l in east of and e iicent to the E__st r_L 3rty line of Lot 5, lock Vg ibicus Gardens. Ordinance 8085-09 was presented for second reading and read by title only. Councilmember John Doran moved to adopt Ordinance 8085-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. 8.6 Adopt Ordinance I' -n9-09 on P readin , amending Chapter 32g Ordinances relatinr° to reel imc water -ailability fee exem tir i in specifically defined areas; amending Section 3 .,,uv Code of Ordinances to add Phase I and removing former exemption Inu_,e, adding new Section 32.380.1 as Phase Ilg renumbering Section 32.380.1 as 32.380.2 and amending to clarify applicable phases; renumbering Section . 0.2 as 32.380.3. Ordinance 8086-09 was presented for second reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8086-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. 8.7 Adoot Ordinance No. 097-09 on second reading, relating to Parksd Beaches and Attachment number 1 Page 11 of 16 Ordinance 8097-09 was presented for second reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8097-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. 8.8 Continue to October 1, 2009 the second reading of Ordinance 044-09. Amendments to the Community evelopment Code to rr--kr, a new Resort Attached wellin s use in the Tourist District, and to establish crit,)ria addressing accessory IiL fnr overnight A -)mmodations in the Commercial and Tourist Districts. ( F® ...` 1004) Vice-Mayor Paul Gibson moved to continue Item 8.8 to October 1, 2009. The motion was duly seconded and passed unanimously. 9. Conse - i - -- . 9.1 Approve First Amendment to Agreement for Professional Management Services between the City of Clearwater and Global Spectrum, L.P. for management services for the Harborview Center from September 30, 2009 through February 28, 2010 and authorize the appropriate officials to execute same. (consent) 9.2 Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide CRA funding in FY 2009/2010 in the amount of $130,376.59 to underwrite the cost of additional Community Policing Services by the Clearwater Police Department in the East Gateway CRA District, pursuant to the East Gateway District Five-Year Action Plan and authorize the appropriate officials to execute same. (consent) 9.3 Ratify and confirm change order 1 to Amax Paving Industries of Florida, LLC of Nokomis, Florida for the 2008 Street Resurfacing Contract (08-0015-EN), increasing the contract amount by $42,416.00, for a new total of $1,011,873.50. consent 9.4 Award a contract to APAC Southeast Incorporated of 4636 Scarsborough Drive, Lutz, FI for the construction of the East Avenue Trail Connection from Drew Street on the north to Turner Street on the south (09-0023EN)in the amount of $289,029.25 and authorize the appropriate officials to execute same. (consent) 9.5 Approve a lease renewal between the City of Clearwater and C.L.E.M. Hospitality, LLC for the temporary parking lot located at 400 East Shore Drive and authorize appropriate officials to execute same. (consent) Council 2009-09-03 Item 414 Attachment number 1 Page 12 of 16 9.6 Reappoint Robert Aude and appoint Jan Ellen Moss as the public housing resident to Clearwater Housing Authority with terms to expire September 30, 2013. (consent) 9.7 Appoint Mayor Hibbard to the Pinellas County Metropolitan Planning Organization for a four-year term expiring on September 12, 2013. 9.8 Appoint Councilmember Gibson to the Pinellas Suncoast Transit Authority (PSTA) for a three year term starting October 1, 2009 and expiring on September 30, 2012. Councilmember George N. Cretekos moved to approve the Consent Agenda and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 10. Other Items on City Manager Reports 10.1 Appoint one member to the Environmental Advisory Board with the term to expire September 30, 2013. Councilmember Jon Doran moved to continue Item 10.1 to September 17, 2009. The motion was duly seconded and carried unanimously. 10.2 Authorize the City to enter into an f ant with CSX Transportation, Inc., for installation of one () 4-inch fiber ort:. -it in the CSX right-of-way as part of the H^i ' "- 3 Avenue c:i°- _, 9 tic F ,,-..,e ireline Cr-__&r Agreement CSX-61 "515 and adopt F_ )solutlon 09 As part of the Hercules Avenue Fiber Optic project, the City desires to construct one (1) 4-inch fiber optic conduit crossing CSX right-of-way. The 4-inch fiber optic conduit crossing is located where the CSX Railroad intersects Hercules Avenue. CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a wireline underneath their railway system. The cost to the City will be $2,150 for a license and coordination fee and $750.00 for the Railroad Protective Liability Insurance fee (due to the City's self- insured status the Railroad Protective Liability Insurance fee of $1,125 is reduced by $375) for a total cost of $2,900.00. Sufficient budget is available in the Information Technology operating budget (0555-09864) to fund this agreement. Council 2009-09-03 Item 4A Attachment number 1 Page 13 of 16 Councilmember George N. Cretekos moved to authorize the City to enter into an agreement with CSX Transportation, Inc., for installation of one (1) 4-inch fiber optic conduit in the CSX right-of-way as part of the Hercules Avenue Fiber Optic Project, approve Wireline Crossing Agreement CSX-634515. The motion was duly seconded and carried unanimously. Resolution 09-35 was presented and read by title only. Vice-Mayor Paul Gibson moved to adopt Resolution 09-35. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. The changes affecting sections 22.21, and 22.33; in general change the responsibilities of management from the "Marine Department" to the "City Manager or his designee". In addition, the term "safe bathing limit" is being removed from the code since it is somewhat confusing as to the full meaning of the term and in some cases may actually create an unsafe condition. Section 22.21 Definitions. Clarification of the definition for the operation of public bathing beaches from "City Marine Department" to the "City Manager or his designee". Removal of the definition of term "safe bathing limits" and elimination of the term in the remainder of the code. Section 22.33 Bathing and swimming areas and the Courtney Campbell Recreation Area. Clarification of the department responsible for posting the rules governing public beaches and the Courtney Campbell Recreation Area from the "Marine Department personnel" to the "City Manager or his designee". Clarification of the person responsible for closing public beaches and the Courtney Campbell Recreation Area from the "Harbormaster" to the "City Manager or his designee". Removal of term "safe bathing limits" and addition of area described in section 33.114, to protect public beach areas from surfboards, sailboats, Council 2009-09-03 Item 434 Attachment number 1 Page 14 of 16 motorboats, personal water craft, etc. Sec. 22.34. Boating. Removal of term "safe bathing limits" and addition of area described in section 33.114, to protect public beach areas from persons operating boats or watercraft in restricted areas and public bathing beach areas. Section 22.35 Fishing. Removal of term "safe bathing limits" and addition of area described in section 33.114 to protect public beach areas from fishing. Section 22.47 Aircraft. Removal of term "safe bathing limits" and addition of area described in section 33.114 to protect public beach areas from Persons operating aircraft. Councilmember Carlen Petersen moved to amend Sections 22.21, 22.33, 22.34, 22.35 and 22.47 of the City of Clearwater Code of Ordinances relating to Parks, Beaches, and Recreation. The motion was duly seconded and carried unanimously. Ordinance 8104-09 was presented for first reading and by title only. Councilmember John Doran moved to pass Ordinance 8104-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Peterson, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. This deficit has accumulated over the past two years due to the economy and other factors. The results of an analysis of the various revenue sources are: * Recreational Slip Rental: Previous changes to the 5 year business plan, coupled with the declining economy led to a loss of 41 of 118 recreational tenants directly contributing to a downturn in projected slip rent budgeted. The last plan update aligned recreational slip rents to market rates and recovered 25 of the 41 vacant slips. * Transient Slip Rental: Marketing changes have resulted in increases in transient Council 2009-09-03 Item 4,14 Attachment number 1 Page 15 of 16 slip occupancy. * Commercial Slip Rental: Commercial slip rent stabilization has maintained 100% rental of commercial slips during all but one quarter of this past fiscal year when only 2 of 47 commercial slips were unoccupied. * Marina Building Rents: The marina building had a loss of two building tenants, however, extension of existing leases have retained our remaining tenants with additional interest in leasing our existing vacant space. * Fuel Sales: Fuel revenues are currently driving the deficit in that the sales price previously directed by the Council only covers the cost of the fuel and the cost of credit card charges and PILOT (payment in lieu of taxes) to the General Fund. It does not cover any of the costs of the staff, insurance, utilities, etc. On average, the Marina's rate is $.45 (45 cents) per gallon below local market average. The current Code of Ordinances, Section 33.031 states: Sec. 33.031. Sale of petroleum products. The city manager shall have authority to designate locations on city-owned property at or from which petroleum products for the use of boats may be sold and no such products may be sold or delivered except from such locations. The locations for sale of petroleum products by the city at the Clearwater Municipal Marina are the marina fuel dock located at the southeast end of the marina and the marina commercial fuel dock located along the seawall on the east end of the marina. A fully qualified fuel vendor, as approved by the city manager and under an annual fuel contract with the city, shall provide all petroleum products sold at the Clearwater Municipal Marina. The city manager shall establish retail prices for such petroleum products, which prices, insofar as federal regulations permit, shall be comparable with prices for similar products sold in similar quantities by other marine fuel outlets in the area. If allowed to sell fuel at market rates it is estimated revenues will increase by $190,000 to $340,000 per year. Staffing has been reduced at the Marina, with additional cuts to be effective next fiscal year. There have also been cuts in various other expense categories, including transfers to CIP. If approved by Council, a third quarter budget amendment will be made reflecting the transfer in of $230,000 from general fund reserves as well as other adjustments to revenue and expense categories as necessary. In response to questions, Marine and Aviation Director Bill Morris said 2007 fuel rates did not cover costs. At that time, Council determined commercial boaters needed assistance due to weak economy and did not approve staff recommended business plan. Council 2009-09-03 Item 454 Attachment number 1 Page 16 of 16 One individual opposed increased fuel rates. In response to a question, Finance Director Margie Simmons said staff aims to set weekly a price that is slightly lower than the average price of 6 local fuel sellers and provide a 10-cent discount to commercial operators. Councilmember Carlen Petersen moved to approve changes to the Marine and Aviation Department Business Plan to allow fuel to be sold at market rates (as stated in current Clearwater Code of Ordinance section 33.031) and authorize the transfer of $230,000 from General Fund reserves to the Marina Fund to cover cash deficits that have occurred in last fiscal year ending September 30, 2008 and the current fiscal year ending September 30, 2009. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11. City Manager Verbal Reports - None. 12. Other Council Action 12.1 Oth C Ir fil ction Councilmembers reported on events in which they recently participated and offered condolences to the Berfield and McDonough families. r The meeting was adjourned at 9:00 p.m. Mayor City of Clearwater Attest City Clerk Council 2009-09-03 Item 46? ?- Meeting Date:9/17/2009 City Council Agenda 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 Comments: to Budget Adjustment: None Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) Clerk Annual Operating Cost: Total Cost: Cover Memo Item # 5 Attachment number 1 Page 1 of 1 O n 21.7 A,, co r 41!01 38.71 A Location of 40' Drainage and Utility Easement Requested to be Vacated 1 i ? I:iO .....130 1 100 1 40' 32/021 ------ --_--- 16510 i of 100 I 132(S) 100 133.32 106.28 ------------------ 104.95 33/024 O O 33/02 9.34 A c (c 0 CLEARWATER COMMERCE CENTER Legend Drainage and Utility Easement N Clearwater EASEMENT VACATION Storm Ponds U Outside CLWTR City limits W E Pre ared b : Vacate the 40-foot Drainage and Utility j 1:16 Clearwater Service Area . p y E i i D Easementlying adjacent to the West Property Line 11 r ng neer ng epartment Geographic Technology Division of Lot 1, Clearwater Commerce Center. Ite m # 5 s 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: JHH Reviewed By: SD Date: 7/6/2009 Grid #: 282A S-T-R: 08-29s-16e Scale: N.T.S. www. MyC learwater. com Attachment number 2 Page 1 Of 1 1 N \ D- RUN z'! z w z ¢ o w w CPG x Q ° 0 $ U U Q Nip O COPCN U' U U) Y ? m ? O rJ? > co w D- GOP ° OOP D Q C c ,?O ?l rt`?O } LOCK z o 0 co9cy ??e- ??? O4 O EDENWOOI w w CANDLEWOOD ST O O 0 DOVEWOOD ST 3 U L¢i w APPLEWOOD m PARK ------------- TRAIL J s -- , ------------------------- BRIGADOON --------------------------- 0 Clearwater CLEARWATER COMMERCE CENTER Legend N EASEMENT VACATION Outside CLWTR City limits W E Prepared by: Engineering Department Geographic Technology Division 16 7 ? ? r Clearwater Service Area Ite m # 5 s 100s. Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 www. MyC learwater. com Map Gen By: JHH Reviewed By: SD Date: 7/6/2009 Grid #: 282A S-T-R: 08-29s-16e Scale: N.T.S. o ?o w w w w ° Q ° w z 0 X Q Q O 0 w z = w L U n ? w KWOUAT DR w l z z Q z 8 SHADDOCK DR z ?LLJ ? AVOCADO DR z ° > a a z LLJ z NAVEL DR Cf) W GRAPE w O 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 # 5 Ordinance No. 8084-09 ?- Meeting Date:9/17/2009 City Council Agenda 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, 2010, 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) Clerk Cover Memo Item # 6 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#98-09 MY NAME IS-'-- --- ---- - - LIVE AT MORNINGSIDE ESTATES WE, AS TAXPAYERS HAVE BEEN TALKING TO YOU FOR SOME TIME IT IS NOT TAKEN SERIOUSLY, AS YOU ALL INTEND TO DO AS YOU SEE FIT AND NOT TO LISTEN TO YOUR TAXPAYERS. YOU CAN VOTE ON $2.1 MILLION DOLLARS TO BUY CLEARWATER COUNTRY CLUB CLUBHOUSE, INSTEAD OF LETTING A PRIVATE FIRM WITH RESTRICTIONS TO TAKE OVER. ke . V. X DID YOU CONSIDER AT ANY POINT HOW MUCH IT WOULD COST TO MAINTAIN CLUB HOUSE WITH OUR TAXPAYERS MONEY? THEN YOU AS OUR LEADERS SAY $70,000 TO MAINTAIN MORNINGSIDE RECREATION CENTER IS NOT IN THE BUDGET. YOU ARE WILLING TO DEMOLISH SAID BUILDING, SPEND EXCESSIVELY IN LANDSCAPING AS A PARK. IN ONE BREATH YOU SAY WE HAVE NO MONEY, BUT THEN YOU'LL COME UP WITH MONEY FOR LANDSCAPE WHAT IS IT? NOW! WE DO HAVE THE MONEY TO REBUILD RECREATION CENTER. AS IT WILL TAKE A COUPLE OF YEARS TO BUILD THE NEW RECREATION CENTER. AND IT WILL GIVE JOBS TO THOSE THAT NEED IT. ECONOMY IMPROVING LETS USE SOME WISDOM MORNINGSIDE MUST AND SHOULD BE CONSIDERED FIRST. POLLIO'S LIVED IN THAT AREA SINCE 1967. DEMOCRATIC GOVERNMENT IS SUPPOSED TO PROVIDE ITS CITIZENS, US TAXPAYERS. ESSENTIAL THERE IS TOO MUCH WASTED TIME, ENERGY AND TAXPAYERS MONEY, WHERE NOT CALLED FOR. ANOTHER CONSULTANT FIRM TO HIRE FOR INFORMING OUR CITY MANAGER, MAYOR AND BOARD ON HOW TO SPEND OUR TAXPAYERS MONEY AND HOW TO RUN OUR CITY. WE VOTED FOR YOU.WE THOUGHT YOU ALL HAD THE ABILITY TO RUN OUR CITY. DO WE HAVE OUR HEADS IN THE SAND? YOU ALL MUST ASSURE US YOU CAN RUN OUR CITY AS YOU PROMISED US. GET INTELLECT VOLUNTEERS TO MEET WITH YOU THAT DO NOT HAVE PERSONAL GAIN TO HELP. 44, ?- Meeting Date:9/17/2009 City Council Agenda 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) Clerk Cover Memo Item # 7 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, # 7 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, # 7 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?OX7-09 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?OX7-09 ?- Meeting Date:9/17/2009 City Council Agenda 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) Clerk Cover Memo Item # 8 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 # 8 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 # 8 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 4paOX8-09 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 4paOX8-09 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 ".#181-09 ?- Meeting Date:9/17/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 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. Cover Memo Review Approval: 1) Clerk Item # 9 Attachment number 1 Page 1 of 7 s r.. .. ,° °°°'?. BkkAriQRRL°°.e° • e.. •. ,?• °. • •ai? 1\ •: FH /I Location Map Owner: Lawrence W. Harkins III Case: ANX2009-07010 Site: 1520 S. Highland Avenue Property 0.198 Size Acres : Land Use Zoning From : RL R-3 To: RL LMDR Atlas Page: 315A S:APlanning Deparunent\C D B\Annexations\ANX - 2009\ANX2009-07010 - 1520 S Highland Avenue - Harkins\Maps\ANX2009- 07010Location.doc Item # 9 Attachment number 1 Page 2 of 7 s ? r? M a, , i y. 1"` 0 -7 1-'j ?? Mar ^ ?.•? - f -? y;:-? -A - p ? .. ONE& ?+ ? ? , ?, ? P ? ? ? ? _ ' 9 °: ? 4 of f - • w ,? ???. 91 + F 094 d " sr4R.•i r - i ? ?. id, 1f Aerial Photo raph Owner: Lawrence W. Harkins III Case: ANX2009-07010 Site: 1520 S. Highland Avenue Property 0.198 Size Acres : Land Use Zoning From : RL R-3 To: RL LMDR Atlas Page: 315A S:APlanning Deparunent\C D B\Annexations\ANX - 2009\ANX2009-07010 - 1520 S Highland Avenue - Hark'ns\Maps\ANX2009- 07010 Aerial Photograph.doe Item # 9 Attachment number 1 Page 3 of 7 _e ' ii i ? • • ' . ; .?-:?22: -'?:Z3 .'°.'. ? •':•2Ai°C?j ?.?-? ?:'. _ ';QS'e:;:??}-:. ° ' ? :az' : : ?w ' = v ° -i?:?l?iz P . . . • ::2s : . : •; •,}: ? 2s :: . az:: ? . 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Highland Avenue Property 0.198 Size Acres : Land Use Zoning From : RL R-3 To: RL LMDR Atlas Page: 315A S:APlanning Deparunent\C D B\Annexations\ANX - 2009\ANX2009-07010 - 1520 S Highland Avenue - Harkins\Maps\ANX2009- 07010 Proposed Annexation.doe Item # 9 Attachment number 1 Page 4 of 7 Z 1515 R/OG Future Land U e Map Owner: Lawrence W. Harkins III Case: ANX2009-07010 Site: 1520 S. Highland Avenue Property 0.198 Size Acres : Land Use Zoning From : RL R-3 To: RL LMDR Atlas Page: 315A S:APlanning Deparunent\C D B\Annexations\ANX - 2009\ANX2009-07010 - 1520 S Highland Avenue - Harkins\Maps\ANX2009- 07010 Future Land Use.doe Item # 9 Attachment number 1 Page 5 of 7 v ° _ ?. gym::- 1. ': ::.2d. °::. •.?': _. = ?': ?'SQB:: •: °: °: ? ? ;: ,;150.11.',::.?° r -r. •'- . . 43'. 1 I i I •",=•??44 1 1o- -: ]2 .-° yz I• _ . ' 7- X46 11 1529 4? _ 9 _15_ 48 2 15 153 412(5) I - 3 2_ 56 1 L zo(s) r F -1 44435 J 1550 7 O L 4] f474 147 7 ^ 8 G 1471 I ' 1560 1 rn? JC 6 loo o no 107 ro a v avv a 392 4o g1tT 1fi7 BELL IR RD 6 43 . 44 100 UIS RIr=R- .°`: ::-'•is'`.ii:°::::i,'°:::-`•i',ii 7 7 507.95 P14 Z PH5 9743 /J \ 1515 \ \ PH1 \ \ S \ / \? PH6 N L H3 t NMR zfi3.o9 \ ? PH2 L \ \ 1521 PH7 \ 1523 1525 1529 I? 1531 1533 H 8 1535 1541 1543 PH9 -':;:?'r°F°.'(e•: •-r:.°r': °•'':;• 1545 1547 1549 1555 :??1550°;g •::380' :'`g:-'-:.??-'.•°.':.. ?:::.°.•.:?° .22. 1 :•222°55 '.'?.."-.:: 1557 • 1559 1561 .... .- ...... ! •;'- ? :.-.••. .. :;::•.::._°.' .:•:; • `?-=;_. • • . 1563 ?....;::;.`::';:;:°"•;.i'r:".iii . 1565 C •, -. ry..°;:.-.• .:;::;::;:•:'•: ;; :.;:". 1567 • 1569 --- ---- 0 1571 1573 -- - - - °-`-•-•'• -•-'. zoo 1575 - - -- - -- - --- -- ------- 1577 O rnrnrnrnrn zoo 295.11 ':•leo:"':= ?• :=._•°_ a..•.:: .: eF:°:::: . _2s.,?}. Zonin Map Owner: Lawrence W. Harkins III Case: ANX2009-07010 Site: 1520 S. Highland Avenue Property 0.198 Size Acres : Land Use Zoning From : RL R-3 To: RL LMDR Atlas Page: 315A S:APlanning Deparunent\C D B\Annexations\ANX - 2009\ANX2009-07010 - 1520 S Highland Avenue - Harkins\Maps\ANX2009- 07010Zoning.doe Item # 9 Attachment number 1 Page 6 of 7 goo. .- " " J7 ° ° ..° . . . . , .,v _°. °°g° ._?,v°• v,° ° . e38'"':'.. :.•.:•j9: ?.: .{1? .Y : :2 °: :-• • ' • v 1•° • • • _.-_ ?..- _ { .J/ it eL ,.;, :°. 7. : :26. : .°:r?S °:•.° : ° : : ; .. -. 44 _ i3 15 ?y 12 Gfp 6v:: 1529 4] g 49 8 52 5 15 1il 11:•, - - -153,; 53 y 4 -56- L ' - 2(S) r F l 4435 J 155 3 Place ofLJ 47 cos 8 Worship 147 1560 1 s w(s) s s oo 90 o ID W Car 40 n Wash 392 110 1fi] yo I BELLEAIR RD # a, 4a station Exi tin urroundin U e Map Owner: Lawrence W. Harkins III Case: ANX2009-07010 Site: 1520 S. Highland Avenue Property 0.198 Size Acres : Land Use Zoning From : RL R-3 To: RL LMDR Atlas Page: 315A S:APlanning Deparunent\C D B\Annexations\ANX - 2009\ANX2009-07010 - 1520 S Highland Avenue - Harkins\Maps\ANX2009- 07010 Existing Surrounding Uses.doe Item # 9 Attachment number 1 Page 7 of 7 View looking west at the subject property, 1520 S. Highland Avenue MW ®, 0 ?0 View looking north along Highland Avenue. h ? ., View looking east from the subject property. L_ 4 t'?}w r F r, View looking south of the subject property. rev ? View looking south along Highland Avenue. ANX2009-07010 Harkins, Lawrence W. III 1520 S. Highland Avenue Item # 9 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 No.l$'090=09' 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 # 9 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.18?92=b99 ?- Meeting Date:9/17/2009 City Council Agenda 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 11 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 # 10 Review Approval: 1) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 8 -? e n ST a Lnw>?y cll? Cyr WILSON RD = 0 SUN SET SPRING LA THAMES LA p J OEL LA BE,TLE m Y 0 OTTEN ST HEAVEN SENT L w? ":T= PROJECT SITE SANDY L4 =.Af 1D'r MARY I RD BY i ERIN 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 # 10 Attachment number 1 Page 2 of 8 tt ? ? r Ir??a ?., n .'r, ' ;~ ?# ?+ .? ?¦k ,; i `tip ', '?+ ' r * " r • ' ' a ? ' ?` ?? 'y_ "` !'P ri sFa?sr , x• ? M #..'p n A. _ A _ L 4 r a 1' A ? i {f,,F?, t r a{gti? ti s S *r( 411 5 ec, AP? - .Ma^ ?^ it 'y?` $ '? i ]'Y r t ;?`,w ? ,_ •v; / x? i *... a• w r "y • w., ?v-+t 4oo?...Y" t - iL t t y? .l 3 ?, ,. . ... 4" 6L, J -f _,hti 1. ? ? .??y. w?.- • r,-??-• etv? '? Iv?us }'T I , «?,.._ .. $ Y t ?•? 1•. ?'> , -f ?? ??k-??a? ? .,,p, , ?A?? v':•Y*K F''? ?i Y? ?' ? ??Ar yY r7 ? ? ? ^r Z,, ;l, . f ` ?? f 1J .e? ? ? J °.r + t : f r '° I '11%, R !IA r - k'r ? & 4f 7k A)k nia _ H r, , +?, cy .., t 1 y,?., a ( +1? - r } -,?li fir - r "? . F 1 1TT 'A . k*W isli Aerial Photo raph Owner: AHS Holdings, Inc. Case: ANX2009-07011 Site: 1923 N Betty Lane Property Size (Acres): 1.369 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 ink Departmeri D MAnnexationi - 2009\ANX2009-07011 - 1923 N Betty Lane - AHS Holdings Inc\Maps\ANX2009- 07011 Aerial Photos aph.doc Item # 10 Attachment number 1 Page 3 of 8 io ?Z LK-j TR 2 1949:=°'N N 952 N ? ff29 31 32 950 1971 T1 ?9e.•°°;t940 .• .f.9rf{•; 28 ° ` : 47 °:.• . co N ..; ? °. ? 4 .; y 947• ? . ? .. N co ,N .. •. ^ '. =. '. ?. . •. ^ . . ;..•.934. ,: :.n. 5:`:. e.;:.: :5$:•:. ;.::?;_ , :: ? Y 38, "r:°`e; ;= °:•.•e.,: 1 .; : ;•e •; e=e: ;•. 4s rib :•,.?e:;:: : `:•:•:;. as .•e:::v.•:: _v s? 194a ,!i{:;::°;°; : : ;a°:. .:::; ;. 5: l i •:793° -' .:':: :: , .;::::;'. .:; ::::;:_ `.: y938 'J•i;.:; : ; :' ::: : .:: ...:: 1938• 54 .:::.:•.°., 1969 . . : ° ° :°. : . ., . : •:: 18 • .: °r?3a :?9zr :: 22° ; :. a1 19?& . :.; x 1a .. 32 ? 53 • -1827 99Ze.: l'?° -say: ;:; ... 20 ; :: •:.:.. ?.=, :_a. ?. •5i:xs34 ..' e;; e:' .°:? : ?:.:_ . •. ?.' '`'E .: ;e ? °; '.:°::? `?2 9s2$ _?::.?;;`? ; •. : :_`:'.^ !92 :•1 • .: ° •'•: ?''° .... .; ` `v ? :: ::; • °p? 1923 e; . ? • . °• ? as :::,. .. ;=920. . , - ?a °•:. 90 °°•s9• . .. ;° . - - • 1918` ? °° ° ° ' °° °•: - 93=-.;°1915 •° 139 : °..' . 19?*? i. i .4 L .5 °r. l::• °;. .. ..: j ?• . 1 ` v Via: ':}s.'.; : ::: 190 :''1::.:.; 9 •:;:..•.. °=.`?'•. '':::ii4 •;.•.. .' • • :_. °.::'.. .: ''.;: •:•c. i:; `°•i • . :::.,, °°.: '. °.;, °•. 1:::..:.°.'.`• ••.•:•:.::.. :.: :;'. ::i:;'°:;.`.:;.°:' .;i:;:;°'•:;.`.'.;;;; ;:;::: e.; ` i 1901 7 0S 191 ?, . , . 0 0 o o SUNSET POINT RD 459.5 147,49 ...(S) Go 1251 60 ^ 41as) Propo ed Annexation 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:\Plar ing Departmeri D MAnnexationi - 2009\ANX2009-07011 - 1923 N Betty Lane - AHS Holdings Inc\Maps\ANX2009- 07011 Proposed Annexatiori Item # 10 Attachment number 1 Page 4 of 8 ?:r'sas R' .48 •'• P • 77 `493.7.`::':':I'.=[•, :-:° ;:-:,r,;•:; [='.`!j- -•. - :;:}93.5 °;::;?';°:°:°: ? " ;:;;;.``:::r•'-Y?93$ • `-. 00. RU SUNSET POINT RD Future Land U e Map Owner: AHS Holdings, Inc. Case ANX2009-0701 1 I Property Sze (Acres): 1.369 I Site: 1923 N Betty Lane Size R-o-w fAcres): 0.09 Land Use RU, P, & Drainage From : Feature Overlay To: RU, P, & Drainage Feature Overlay Zoning R-4 MDR & P Atlas Page 251B S:Tlanning DepartmentT D B\Annexations\ANX - 2009\ANX2009-07011 - 1923 N Betty Lane - AHS Holdings 1ncuV1aps\ANX2009- 07011 Future Land Use.doc Item # 10 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- 07011 zoninlu.doc Item # 10 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 #912 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 4012 Attachment number 1 Page 11 of 15 R.F?=re.-se t4~itive ''uf} ?r Fac'€rg=clJrrhfrcrnc=rr. - ia, e -`mss F-,-og o ,.)r-_ -,;.er -, .gas. NL.. ;rata rL,w &I4&-RN East s!de of Patterson Rd., Item 4112 Attachment number 1 Panes 17 of 1 F j SILVER. DOLLAR TRACE' CLUB i <a C, Item 2 Attachment number 1 Page 13 of 15 ,:r r, d I, 8 J Y") 50 m 150 ft 111 -Fl ?:I;_ I IEI Ln r ?? „ LC !. I I',:::wu >I, "•: helt7u Data ZDC^3 Item 4312 Attachment number 1 Page 14 of 15 p -013 `m g?24013 ft i N,QUS Lrl a, _ IU yJ n Item 4412 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 4512 ?- Meeting Date:9/17/2009 City Council Agenda 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. Cover Memo Review Approval: 1) Clerk Item # 13 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:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.10147.1.LUZ2009-06001_Staff Report.doc Item # 13 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. Community Development Board - August 18, 2009 - Case LUZ2009-06001 - Page 2 of 10 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.10147.1.LUZ2009-06001_Staff Report.doc Item # 13 Attachment number 1 Page 3 of 10 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. Community Development Board - August 18, 2009 - Case LUZ2009-06001 - Page 3 of 10 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.10147.1.LUZ2009-06001_Staff Report.doc Item # 13 Attachment number 1 Page 4 of 10 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. Community Development Board - August 18, 2009 - Case LUZ2009-06001 - Page 4 of 10 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.10147.1.LUZ2009-06001_Staff Report.doc Item # 13 Attachment number 1 Page 5 of 10 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. Community Development Board - August 18, 2009 - Case LUZ2009-06001 - Page 5 of 10 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.10147.1.LUZ2009-06001_Staff Report.doc Item # 13 Attachment number 1 Page 6 of 10 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. Community Development Board - August 18, 2009 - Case LUZ2009-06001 - Page 6 of 10 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.10147.1.LUZ2009-06001_Staff Report.doc Item # 13 Attachment number 1 Page 7 of 10 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 Community Development Board - August 18, 2009 - Case LUZ2009-06001 - Page 7 of 10 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.10147.1.LUZ2009-06001_Staff Report.doc Item # 13 Attachment number 1 Page 8 of 10 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. Community Development Board - August 18, 2009 - Case LUZ2009-06001 - Page 8 of 10 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.10147.1.LUZ2009-06001_Staff Report.doc Item # 13 Attachment number 1 Page 9 of 10 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. Community Development Board - August 18, 2009 - Case LUZ2009-06001 - Page 9 of 10 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.10147.1.LUZ2009-06001_Staff Report.doc Item # 13 Attachment number 1 Page 10 of 10 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 Community Development Board - August 18, 2009 - Case LUZ2009-06001 - Page 10 of 10 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.10147.1.LUZ2009-06001_Staff Report.doc Item # 13 Attachment number 2 Page 1 of 6 w GULF-TO-BAY 1LJ II w U w m ?I Q m m °f?1 }1..'.m RD ,CALLA PL 1 { ?'m 4 J PROJECT Lij BASCOM WAY a ' W SITE DRS 33' a ; ranwrkAinnn Rn RD DR ¢ m G +? R MINNEflLA RD r, I nWnR Rn BURNICR DR F-1 7=7 F--j LOCATION 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 LOCATION MAP.doc Item # 13 Attachment number 2 Page 2 of 6 IF now , s r !f ?' t t ELM pi p In b ?y L? *.. 'd,;?\ _{ '?`! 1!'Y?-• ? ?'t flfi ??V41 1 ?'??? ? ??4 ..,? CI fi Y A L 12 a s ?' ? ?, r I ¦ A 4 h 'p p .v A I `8 Via. rz1? ?qF, .? u.., max.. 7"' ji 4 ]WV,wn!uo- ?µg,! r A y L ` l2 ? '•r r t? `: p }} rr TT ?. N ? +ti 4 Wa+mk ?+W?.wuaik' .'fir nw ?" k fl LPL` ? ' V ? i ? J i ? pR ? F I `?, f V ^ N..a\ ? 'tl J f Mg ? ? {{ ? n un5a. v A ,,. , '.,' AERIAL PHOTOGRAPH Owners: Lokey Oldsmobile, Inc. Case: LUZ2009-06001 Site: 2337 Gulf to Bay Boulevard Property Size (Acres) 0.613 Land Use Zoning 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, IncAMaps\LUZ2009-06001 Aerial Photograph.doc I telll # 13 Attachment number 2 Page 3 of 6 139.9 10 Q J ? M tan N 60 150 30 v LIS 21428 390 N I N I N I N I N 6a6 505 6CA 603 602 L &0568 1 34631 s9a 59796 59 5 zao (C ) Commercial `reneral N O ? ? N ? 50 N N N 300 N 500 57 GULF-TO-BAY BLVD 1 409 - 1 LU Q S 0 ? a z (C a ) w nom ercia LC M 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 DepartmentT D B\Land Use Amendments\LUZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd - Lokey Oldsmobile, IncAMaps\LUZ2009-06001 FUTURE LAND USE MAP.doc Item # 13 Attachment number 2 Page 4 of 6 1?9.9 LLJ 4 A Z 4 J 0 0 Sao no a ?v ti 182 ti 0 8TH ST ZONING MAP Owners: Lokey Oldsmobile, Inc. Case: LUZ2009-06001 Site: 2337 Gulf to Bay Boulevard Property 0.613 Size (Acres) : Land Use From : RM To: CG Zoning PIN: 18-29-16-00000-310-0710 MHP 1 C Atlas Page: 299A S:\Planning DepartmentT D B\Land Use Amendments\LUZ 2009\LUZ2009-06001 - 2337 Gulf to Bay Blvd - Lokey Oldsmobile, IncAMaps\LUZ2009-06001 ZONING MAP.doc Item # 13 Attachment number 2 Page 5 of 6 } ? J G t4"1 N 140 GO 150 tl "O ? `477 N I N I N I N I N 606 605 604 603 602 Auto Dealershil M ? PNj M M N 150 N N N 300 ?,?7 N - za- ?W 3i 8 Gl.l ? 3463 ? ssa --/Ij Clll S 597 596 ±95 240 Auto Dealership M N ^00.5.7 GULF-TO-BAY BLVD U yr Q LI z c C7 ? n ? ?s 00 GULF-TO-BAY BL VD ' W M 30M8 318?? 0 9 0 L524 0 J ?ry 182 - 2 Auto Dealership Bank 5TH ST 48 M ?• Mobile Ho mes , Mobile Homes 5TH ST Mobile H TH.ST .. 6TH ST r srH sT cn _ ti T n 7TH ST z Mobi Homes _ N NTH ST:. 8TH ST ss. 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 # 13 1 4" , bk": ! 'io, 14 1 View looking south at the subject parcel, 2337 Gulf to Bay Boulevard l 'fir a. a? ry A_ ' View looking west along Gulf to Bay Boulevard Attachment number 2 . age 6 of 6 ,I tt? View looking west from the subject property View looking north from the subject parcel LUZ2009-06001 Lokey Oldsmobile, Inc. 2337 Gulf to Bay Boulevard Item # 13 View looking east along Gulf to Bay Boulevard m h View looking east from the subject property 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 # 13 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 # 13 Ordinance No. 8080-09 ?- Meeting Date:9/17/2009 City Council Agenda 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 # 14 il??-? ?? Attachment number 2 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.IWKWA914 Attachment number 2 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 # 14 Attachment number 2 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 # 14 ?- Meeting Date:9/17/2009 City Council Agenda 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. Cover Memo Item # 15 Type: Other Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: 150,000 Annual Operating Cost: Total Cost: 150,000 Not to Exceed: For Fiscal Year: 2009 to 2010 Appropriation Code 0435-01333-582000-545-000- 0000 Review Approval: 1) Clerk Amount Appropriation Comment 150,000 Cover Memo Item # 15 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 # 15 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 # 15 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 # 15 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 # 15 Attachment number 2 Page 1 of 2 . M M 0 M M M M M M M M .......... r-I r-I r-I r-I r-I * r-I r-I r-I r-I M M U N N r-I r-I N N M M 4 4 un 6i B B rZ4 rZ4 00 00 0, o, O O Q r-I r-I i i i i L V 0000 00 O O O O O O O O O O 7t N 6 6 ;" ;4 r;' r;' r-I r-I N N M M 4 4 M M l0 l0 rZ4 rZ4 00 00 6i 6i 0 O 6 6 0 O p p? O M O M O M O M O M O M O M O M O M pp _ O O N N !-I r-I N N M M 4 4 ui un io l0 rZ4 rZ4 co 00 0, o, 0 0 w _ r-I r-I i i ` ` 0 0 2 s N • "a L M M M M M M M M M M M M M M M M M M M M M M M M M M 3 ? 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N Y N N N M N M N M N M N M N M N M N M N M IN Ln V N O O r-I N N ri N N M M 4 4 M M B B rZ4 rZ4 00 00 6 6 O O r-I r-I r i r i M 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 7 r -I ? 7! ? 7! r i ? U U r V O O N ;-i N r-i N N M M 4 4 M M B B rZ4 rZ4 00 00 6 6 O O r i LL ? I? n n n n n n n n n n n n n n n n n ^ c 7 ri ri r-I r i '!t l U 6 ri N N ri N N M M 4 4 M M lB B rZ4 rZ4 00 00 6 6 O O a 6 i r i r #15 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 # 15 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 # 15 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 # 15 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 # 15 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 # 15 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 # 15 Attachment number 3 Page 7 of 8 nUItS Item # 15 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 # 15 ?- Meeting Date:9/17/2009 City Council Agenda 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 Cover Memo Current Year Budget?: Yes Budget Adjustment: No Item Budget Adjustment Comments: # 16 Current Year Cost: 190,000 Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: 2009 to 2010 Appropriation Code Amount Appropriation Comment 0010-09216-530100-552-000- 190,000 0000 Review Approval: 1) Clerk 190,000 Cover Memo Item # 16 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 # 16 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 # 16 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 # 16 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 # 16 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 # 16 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 # 16 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 # 16 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 # 16 Attachment number 3 Page 2 of 2 Clearwater Regional Chamber of Commerce Item # 16 City Council Agenda Council Chambers - City Hall Meeting Date:9/17/2009 SUBJECT / RECOMMENDATION: Approve the October 1, 2009 Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater. (consent) 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) Clerk Cover Memo Item # 17 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 # 17 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 ------------------------------------------------ - __--__--------------------- TICLE 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 # 17 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---------____ -___-_.-- -_-24 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 # 17 Attachment number 1 Page 4 of 49 Ejneu.genc `' iI ? ALS Fiat 1 - tt ???? 111 1. L '. -? P E TIOA 991. Non-Discrimination in Er r: tent ------------------------ -------------------------- ?-26 E TI&\11 ``02, Notices -----------------------------_------------__----_-----_---_-- --___.-_______------___---_--2` SECTION 903. Entire and Complete Agreement ----------------------------- ------------- __---- ------ ------ SECTION 904. Other Documents ------------------------------------------------- -------------- ---------------- 27 SECTION 905. Applicable Law ----------------- ------___--___.-__--_-_..___-____ -----_-----------_-----__---27 SECTION 908. Waiver ----------------------------------------- -------_----------_--- __-_m._-----______---_._-_____27 SECTION 907. e erability -------p_u------------------------------------------ - ----------------__m®__-__-_2 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 # 17 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 0-585, Laws of Florida and Chapter 4, 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. , 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 # 17 Attachment number 1 Page 6 of 49 PacV, ,'. THEI , EFQRE, in con, r eration 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 terms 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 ?t'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 # 17 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 # 17 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- ation" 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 16, 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 by the Contractor for their operational lle.610_1'1ity`1 Item # 17 Attachment number 1 Page 9 of 49 Fr- Kfi -I?(;al erv'i,rrs 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 83, the act of responding to a 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 # 17 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 # 17 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 1 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 -?Inended 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 # 17 Attachment number 1 Page 12 of 49 Fril R 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 6g 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 the Annual Compensation in a Fiscal Yep d I ,?rdL?d by the number of funded Contractor's Units provided by this Agreement. "Unit Hour ?'(Sation" means the Unit Compensation divided by Eight Thousand, Seven Hundred and Sixty (6,766) Flours, SECTION 202. 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 # 17 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; i tir , 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 t .t I%E L.?<IT.-YTI Contractor represents to SEC 302. J- Authority that each of the fallowing statements is pretentiy rare and correct: Item # 17 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 # 17 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 # 17 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 lesr 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 # 17 Attachment number 1 Page 17 of 49 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 400 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 # 17 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 1Tther 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- cj r 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±w_?te 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 laves and ;protocols in the distribution and handling of coG,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 shell 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?i_ ? 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 tc iii ?,lement 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 # 17 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 Di, lii J henevlefe io# i le. 17 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 800 MH lac '[= ble Radio for J ch funded I Droved on ' ?ilx A. Th i i, 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 fdRC#r111L ,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 irli 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. 3'i:&,1 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 # 17 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 ccurrence, 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 768,28, 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 (3) 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 () 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 1,000,00 Combined Single Limit Insurance irI excess of all primary Item # 17 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 # 17 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 t0el rigin 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 herewider 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 # 17 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'rit, 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 r.'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 espuI dej I l .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?irl.,rl , - f the Autl°nrity or Medical Director i _.y observe Cori ctor's c p r tic - ", - r it - i ,1" i lt6r'Y #?` ? ? 5 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 80" 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. SECT Ill 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 # 17 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 # 17 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, rl _l t61 J.,m r,_ ,i red ;, l l 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 # 17 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 1 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 # 17 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 # 17 Attachment number 1 Page 34 of 49 Nclp j 17 39 41 Item # 17 Attachment number 1 Page 35 of 49 11- J) F C-1 Ur i':,'.a ------------------- ®_ I<I _._..? P 0 1 ? 6,340 1,200,843 934 , F,,-- I- ?i 1- -efts 138 ?p I, D'56 ?mmLe nan for Tierra Verd.e 0 48 Madeira Bead 4, 3 5 2 Oldsmar 8'2, 2 19 Pala Harbor + ;: 1,u 2 9 Pinellas Park (including i° hppinl r 1 7 cc; b .. 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 # 17 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 # 17 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 # 17 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 # 17 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 # 17 Attachment number 1 Page 40 of 49 -Short Spiral [nrimrhi f 'I Spinal lrnrr,-. i ? evk eG (Adult and Pedi tr ) Item # 17 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 # 17 Attachment number 1 Page 42 of 49 Item # 17 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 EMS 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 # 17 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 Bo ard 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 # 17 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 # 17 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 # 17 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 M 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 # 17 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'etlt.3ently 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 # 17 Attachment number 1 Page 49 of 49 k of app . sr _ II I Item # 17 Attachment number 2 Page 1 of 1 Appendix A ALS First Responder Units Contractor Authority Funded Contractor Funded Clearwater Engine 44, Rescue 45 Engine 45, Engine 48 Rescue 46, Rescue 47 Engine 49 Rescue 48, Rescue 49 Rescue 50*, Engine 51 * - One position Authority Funded; Contractor may operate Engine 50 in lieu of Rescue 50 at its discretion. Dunedin Engine 60, Engine 61 None Engine 62 East Lake Engine 56, Squad 57 None Engine 58 Gulfport Engine 17 None Largo (including Belleair Bluffs) Engine 38, Engine 39 Squad 38, Rescue 39 Engine 40, Engine 41 Tactical Engine 41 Rescue 41, Rescue 42 Truck 42 Engine 43 Lealman (including Tierra Engine 18, Rescue 19 None Verde) Engine 19, Engine 2 Madeira Beach Engine 25 None Oldsmar Truck 54 Rescue 54 or Engine 54 Palm Harbor Engine 65, Engine 66 Squad 65 Truck 67, Engine 68 Pinellas Park Rescue 21, Rescue 33 Engine 33, Engine 34 Rescue 34, Truck 35 Pinellas Suncoast Squad 26, Engine 27 Truck 28 Safety Harbor Engine 52, Truck 53 None St. Pete Beach Engine 22, Engine 23 None Seminole Engine 29, Squad 29 None Engine 30, Engine 31 Engine 32 South Pasadena Rescue 20 None Tarpon Springs Engine 69, Engine 70 None Treasure Island Engine 24 None Item # 17 City Council Agenda Council Chambers - City Hall Meeting Date:9/17/2009 SUBJECT / RECOMMENDATION: Declare the list of vehicles and equipment surplus to the needs of the city and authorize sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida. (consent) SUMMARY: All vehicles 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 Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0566-00000-364413-000-0000 Review Approval: 1) Clerk to Amount To be Determined Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Sale proceeds None Cover Memo Item # 18 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 # 18 City Council Agenda Council Chambers - City Hall Meeting Date:9/17/2009 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: $400,000 For Fiscal Year: 10/1/2009 to 9/30/2010 Budget Adjustment: Annual Operating Cost: Total Cost: No Appropriation Code Amount 0590-07000-545800-519- $400,000 000-0000 Review Approval: 1) Clerk Appropriation Comment Cover Memo Item # 19 ?- Meeting Date:9/17/2009 City Council Agenda 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 Fier D-;- 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 0590-07000-545100-519- 000-0000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Amount Appropriation Comment $600,000 No Bid Number: Bid Exceptions: Other Cover Memo Item # 20 ?- Meeting Date:9/17/2009 City Council Agenda 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: $960,000 Not to Exceed: $960,000 For Fiscal Year: 10/1/09 to 9/30/10 Appropriation Code 315-96377 Budget Adjustment: None Annual Operating Cost: $960,000 Total Cost: $960,000 Amount Appropriation Comment $960,000 Pinellas New Mains and Service Lines Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Yes Bid Number: 26-09 Bid Exceptions: None Cover Memo Item # 21 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 # 21 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 # 21 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 # 21 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 # 21 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 # 21 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 # 21 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. v0083-04.08 Item # 21 Attachment number 1 Page 8 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 9 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 10 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 11 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 12 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 13 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 14 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 15 of 90 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: v0083-04.08 Item # 21 Attachment number 1 Page 16 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 17 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 18 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 19 of 90 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, \0083-04.08 I Lem # 21 Attachment number 1 Page 20 of 90 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) v0083-04.08 Item # 21 Attachment number 1 Page 21 of 90 SECTION 00410 CERTIFIED CHECK, CASH OR BID BOND (Attach certified check, cash or bid bond here) v0083-04.08 Item # 21 Attachment number 1 Page 22 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 23 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 24 of 90 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 v0083-04.08 Item # 21 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: v0083-04.08 Item # 21 Attachment number 1 Page 26 of 90 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) v0083-04.08 Item # 21 Attachment number 1 Page 27 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 28 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 29 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 30 of 90 SECTION 00620 CERTIFICATE OF INSURANCE (Attach insurance certificates here) v0083-04.08 Item # 21 Attachment number 1 Page 31 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 32 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 33 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 34 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 35 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 36 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 37 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 38 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 39 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 40 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 41 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 42 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 43 of 90 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 \0083-04.08 Item # 21 Attachment number 1 Page 44 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 45 of 90 (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 v0083-04.08 Item # 21 Attachment number 1 Page 46 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 47 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 48 of 90 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, v0083-04.08 Item # 21 Attachment number 1 Page 49 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 50 of 90 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 v0083-04.08 Item # 21 Attachment number 1 Page 51 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 52 of 90 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. v0083-04.08 Item # 21 Attachment number 1 Page 53 of 90 SECTION 00900 ADDENDA (Insert Addenda here) v0083-04.08 Item # 21 Attachment number 1 Page 54 of 90 MS082393 Item # 21 Attachment number 1 Page 55 of 90 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. MS082393 Item # 21 Attachment number 1 Page 56 of 90 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 MS082393 Item # 21 Attachment number 1 Page 57 of 90 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 MS082393 Item # 21 Attachment number 1 Page 58 of 90 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 MS082393 Item # 21 Attachment number 1 Page 59 of 90 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 MS082393 Item # 21 Attachment number 1 Page 60 of 90 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 MS082393 Item # 21 Attachment number 1 Page 61 of 90 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 MS082393 Item # 21 Attachment number 1 Page 62 of 90 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. MS082393 Item # 21 Attachment number 1 Page 63 of 90 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. MS082393 Item # 21 Attachment number 1 Page 64 of 90 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 MS082393 Item # 21 Attachment number 1 Page 65 of 90 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 MS082393 Item # 21 Attachment number 1 Page 66 of 90 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. MS082393 Item # 21 Attachment number 1 Page 67 of 90 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 MS082393 Item # 21 Attachment number 1 Page 68 of 90 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 MS082393 Item # 21 Attachment number 1 Page 69 of 90 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. MS082393 Item # 21 Attachment number 1 Page 70 of 90 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 MS082393 Item # 21 Attachment number 1 Page 71 of 90 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. MS110593 Item # 21 Attachment number 1 Page 72 of 90 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. MS110593 Item # 21 Attachment number 1 Page 73 of 90 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. NIS110593 Item # 21 Attachment number 1 Page 74 of 90 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 MS110593 Item # 21 Attachment number 1 Page 75 of 90 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 MS110593 Item # 21 Attachment number 1 Page 76 of 90 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. MS110593 Item # 21 Attachment number 1 Page 77 of 90 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. MS110593 Item # 21 Attachment number 1 Page 78 of 90 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. NIS110593 Item # 21 Attachment number 1 Page 79 of 90 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 MS110593 Item # 21 Attachment number 1 Page 80 of 90 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 # 21 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 # 21 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 # 21 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 # 21 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 # 21 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 # 21 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 # 21 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 # 21 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 # 21 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 # 21 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 # 21 ?- Meeting Date:9/17/2009 City Council Agenda 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) Clerk Cover Memo Item # 22 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 * i%. 2198 ?- Meeting Date:9/17/2009 City Council Agenda 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 $372,170.00 10/1/2009 to 9/30/2010 Amount $294,170.00 0555-09862-530300-519- 000-0000 Review Approval: 1) Clerk $78,000.00 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment None Cover Memo Item # 23 ?- Meeting Date:9/17/2009 City Council Agenda 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 Review Approval: 1) Clerk $143,150.00 10/1/2009 to 9/30/2010 Amount $143,150.00 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment None Cover Memo Item # 24 City Council Agenda Council Chambers - City Hall Meeting Date:9/17/2009 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: $189,000.00 10/1/2009 to 9/30/2010 Appropriation Code 0555-09864-546200-519- 000-0000 Review Approval: 1) Clerk Amount $189,000.00 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment No Cover Memo Item # 25 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/17/2009 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: Current Year Cost: Not to Exceed: $78,200 For Fiscal Year: 2009 to 2010 Budget Adjustment: No Annual Operating Cost: Total Cost: $78,200 Appropriation Code 181-99261 Amount Appropriation Comment $78,200 Cover Memo Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: None Item # 26 Review Approval: 1) Clerk Cover Memo Item # 26 Amendment FORMAT A'T'TACHMENT I Attachment number 1 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 # 26 Page 14 COMMISSION Signed by: Signature Wendy Spencer Chief Executive Officer Date Page 15 Attachment number 1 Page 2 of 2 Item # 26 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 2 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 # 26 August 13, 2009 3:56 PM AmeriCorps Clearwater Clearwater Police Department Total MSYs COSt/MSY 10.50 $12,600 RR,TdWa4Wber 2 Page 2 of 2 Form 424A Modified SF-424A (4/88 and 12197) Page 2 Item # 26 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 3 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 # 26 mhtml:file://C:\Documents and SettingsVoan.MartelhLocal Settings\Temporary Internet Fi... 8/17/2009 Budget Narrative for 09AC102567 Member Travel Pa?e 2 of 5 Attac ent number 3 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 # 26 mhtml:file://C:\Documents and SettingsVoan.Martell\Local Settings\Temporary Internet Fi... 8/17/2009 Budget Narrative for 09AC102567 A'tt#90, Ober 3 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 # 26 mhtml:file://C:\Documents and SettingsVoan.MartelhLocal Settings\Temporary Internet Fi... 8/17/2009 Budget Narrative for 09AC102567 ?MRA,Yhlber 3 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 # 26 mhtml:file://C:\Documents and SettingsVoan.Martell\Local Settings\Temporary Internet Fi... 8/17/2009 Budget Narrative for 09AC102567 Total MSYs II 10.50 Cost/MSY II 12,600 Source of Funds / tt pneAAber 3 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 # 26 mhtml:file://CADocuments and Settings\Joan.Martell\Local Settings\Temporary Internet Fi... 8/17/2009 Attachment number 4 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 # 26 Attachment number 4 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; s 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 # 26 Attachment number 4 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 -,ba111- .? 0 N inE i`i order (a) He Federal Statut{. C - Provisions. ?J,: General Provisicii ,t Fundima Opp 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 l the cotnmencetnC,ii ul w.ice tllllc UIC 111?trn er is of school Item # 26 Attachment number 4 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)(4))® 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. 1041.1, 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 # 26 Attachment number 4 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 itt2 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 20 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 # 26 Attachment number 4 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 # 26 Attachment number 4 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 # 26 Attachment number 4 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 # 26 Attachment number 4 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 # 26 Attachment number 4 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 # 26 Attachment number 4 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 # 26 Attachment number 4 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 is 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 # 26 Attachment number 4 Page 13 of 20 J. ibtl t? of '" . -TI1 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 # 26 Attachment number 4 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 # 26 Attachment number 4 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. if ?c a believe tla?rt t _ ? oi- others hal ca?_. past„ (" i?.? a?ra vvcar?t r ,_ ,:, ilbrrracation, contract: 15 Item # 26 Attachment number 4 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 # 26 Attachment number 4 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 # 26 Attachment number 4 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 # 26 Attachment number 4 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 # 26 Attachment number 4 Page 20 of 20 ? x. e `il ii1_;?; Eb:? f Item # 26 Attachment number 5 Page 1 of 13 S '? 14 U.. h? 1 t 1, IS T' f 1 ;S The F Ir. r& dL `y 3 _ lln iiil3 on 7 pp a'i AL X ? - I he re1ri as thy, .a Tl- .'...' 1 ' '. ..'.. ,. 6;_ be co l'I7.I? l UI T. ] j.- , `..1 , J -I ?.t?7 ?75 ?'t? CC)Y' ? 35 T 1e.C 1 Meml ?9y)y } ?'Y L Y lance vY1 h s l-,_i 9?-y - TR 9 -i '?I (.` tta .11?:?i-TI). In ?.d -?j i{ ( 'y ^? t?t ?;)n of the CC)tltl'l l.t ' '§ h the L-o '`t! r and of e dN-anta ,,and herietii' by the 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. `.. F _ I. Ti lie re u ? . its of the ati,. dtv ?. ci anc1 . 47 C- l _ _ 1 loi ida T' ri In a - i- . to tl n -r WI-1 ?i B. rogE `` alrrie. Thl• 13,1, change the program name without the prior tvntt:g p,. _,al of th,_ t ,_I_-1_-_ssion. Item # 26 Rev 17 l M3:2; Pit i l, Attachment number 5 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 # 26 Rey' s 1 % O 1 01:27 P \,l r a Attachment number 5 Page 3 of 13 F. t ?.-. T'j-, 1 he Ar, ?r) - - ,id ipa rlrt'. I r E 'or t E arr, . s u e w - 74ill re, recll,r,. G -h pro' e_'. . . s-, 1 ;?.i,s in Jl 'Wifl `_-t- arlprescribe the ? !.. I fcission and #h, Sc-e, 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 8. 7 a T! T' 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 # 26 Red 1 ;: .? PM Page Attachment number 5 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?_ ?.1. to t the _ " s r(,L ?i.Ity, At ? 3. ?j Y2 vrovidet r 7 11 I e and ma-! i i , tin 1 L 7 ^?, ivid, lj ill Fro will p ov ti' -?. L to the 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 # 26 Rev 1 1'03271 PM Page 4 Attachment number 5 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. 1 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 t It dt: i tip iticsk . ' f; Item # 26 t2., ; 1 )3:1 7 11?\t Attachment number 5 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 # 26 Rev l 1 13: 21mm E''u1 Page 6 Attachment number 5 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 # 26 I., i4=:2 ; PM Page 7 Attachment number 5 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 # 26 3 2 ; PNt P Attachment number 5 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 # 26 t 1: ° P [arc 9 Attachment number 5 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 # 26 1:217 Pit P Z? ltd Re\ Attachment number 5 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 ' 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 temrl 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 L?,, 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. ! ?ISS1Crrr, Li=e Prove '.. auditor :he Provider-,rl' t I.° c - Uilless extenuatin'! circ ?.st are _i b` J C sslon. Item # 26 I 7 0 1. PM Pa e I I Attachment number 5 Page 12 of 13 , T ind tell 1' fit- the. Pc L, 'is C'le i 100 T ?t? tr Item # 26 '1 '7. 00 1 PNj P 12 Attachment number 5 Page 13 of 13 c#.' - t (- r'?ri s. _ Tf pis contra n cots 'ittc Attachment :1 - Contract .', amendment Form. At, chment 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 Page 13 # 26 ?- Meeting Date:9/17/2009 City Council Agenda 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) Clerk Cover Memo Item # 27 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 # 27 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 # 27 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 # 27 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/17/2009 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 following "not to exceed" amounts per vendor will allow purchase orders to be issued. However, staff will be able to adjust these amounts should it be found to be necessary or in the best interest of the City, so long as the total amount of $790,000 is not exceeded. Angelo's - $550,000 Consolidated Resource Recovery - $90,000 Waste Management of Florida - $150,000 Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: to Budget Adjustment: Annual Operating Cost: Total Cost: None Cover Memo Appropriation Code Amount Appropriation Comment Item # 28 0-424-02082-543500-534-000 $346,000 0-424-02089-543500-534-000 $444,000 Bid Required?: Yes Bid Number: BID 25-09 Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Clerk Cover Memo Item # 28 Attachment number 1 Page 1 of 1 o w o0 p0 p0 Q q o } J LL ? Ij V - O 0 } J LL U Q J Q V LV i O O LU L > (D o H O w (D Z LU Z o 0 0 z Z M M M Q 69 w U O O O w O U >- W J O O J rn o p Q 0 O LL a C6 o o C6 0 a o oLU m m o o O W O O ? O O U Z a w Z U Z ? O 7 < Z O 0 un O N W L-- of 69 ER U U LU (n U L Q EL w e' LL Q 0 O Op V 00 O Op N O O W (D LO 9, O O M O r- 9, O M W M } OM W Z J Z O O O LL O v w L - N V V Ir - 69 ER ER ER H w O O O O } M w LL _ LL O N 09 C 09 C O N 0 w J Q 0 N O Q U> H v co 00 w Q z ZO Z LU U U Z o0 00 00 Q ? M M M Ef3 ER ER D 0 rn ° W LL Q (D H D O 0 O LO 0 0 J Q z -- Z Z L M M V O co CO 2 OQ UQ0 r vi 0 ° w 0 o?-: 6- -W - N m w z M W W o CD O LL 0 LU 0 Q?N N O D- U LU Q Q O LLI Q W 0 ~ U ? Lu LL U LU H (7 o E J U Of 0 LQ O H U U 0 Z W Q U) of 0 0 m o LL°DL Q Q Q ° ° 0 0 w U e"%err U U c? U LL U m m z z ?~ } N U H !!-- W LL N U H 0 0 0 LU N M U o0 o0 o0 - < U) E Item # 28 City Council Agenda Council Chambers - City Hall Meeting Date:9/17/2009 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: None Budget Adjustment Comments: Current Year Cost: Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: to Appropriation Code Amount Appropriation Comment 0-424-02082-543500-534-000 $1,987,500 0-424-02083-543500-534-000 $1,687,500 0-424-02089-543500-534-000 $525,000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Bid Number: Bid Exceptions: Sole Source No Cover Memo Item # 29 ?- Meeting Date:9/17/2009 City Council Agenda 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. A new bond issue for capital improvements for Fiscal Years 2007, 2008 and 2009 was completed and available for sale in June 2009. 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 # 30 Type: Other Current Year Budget?: Yes Budget Adjustment: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) Clerk Annual Operating Cost: Total Cost: to Cover Memo Item # 30 Attachment number 1 Page 1 of 1 Protect Name Delayed Savings Biosolids Treatement WWTP Generator Replacements Sanitary Sewer Relocation Accommodation Facility Upgrade & Improvements WPCR&R Pump Station Replacement Reclaimed Water Distribution Water Supply/Treatment System R & R (Capitalized) Line Relocation - Capitalized Well Rehabilitation Fluoride in Water System Telemetry for Wells Wellfield Expansion Reduction in construction cost Savings is $2,883,242.07. $700,000.00 $225,000.00 $600,000.00 $468,830.00 $500,000.00 $2,300,000.00 $520,002.01 $1,496,495.88 $547,638.70 $493,743.26 $206,000.00 $389,048.08 $670,000.00 $2,883,242.07 $9,116,757.93 $2,883,242.07 Item # 30 City Council Agenda Council Chambers - City Hall Meeting Date:9/17/2009 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?: Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) Clerk Other Yes Budget Adjustment: Annual Operating Cost: Total Cost: to Yes Cover Memo Item # 31 Attachment number 1 Page 1 of 5 TO LA1IIr11fII 1f11T!tL, T , I 1 hell l; 11 I ? 1 F 7I L I.I I I"r) ? T'l l I k Il`'LEMENT I 1 "'„_7 i I, `7` 9l (L-054) WHEPF'!" ", the l'-TI I T n th,- CITY ii-ill) -1r -Ht 1I Qrtr)hrar _1, 200" ;'; I for ? 1?1ifi p-miittlivi tl :l conSt's . I1 of 4 !'ti.31'f I G:IIq l' ps'f 1. I ?l vl"lllE [lt ;..oti an^ I I? 4 1 t replac?,r,,i-iils: and v', I IER A S, the parties, 1,11f i I'.(III ,')rkl reviss the jjj!, iul1 I 1 ,dI`:li..C[1tto II. 1111 ition cat pIit _f'i 0'1?. IIIIIi1ii?_ l l, .,ient l!'_'I," HREDFFORE, ?111d ?'I''?ilfilrF1,; € 11,911 P 'I I??II'? ?I1 L??,aii?:. I'I':fi it ??II 1li,li l!II'If fl?l ,PI, C it ?,ill ?`! III ?',l?ii Ml ?t'I'l l 1; I ]I'' l -? I D1 F ' lup:? if?:I,, I .""ith Ili: lv'i,I i,?!if'?? ? 2 1'r ,ljr,:,Ilii F1_J[°1.1?1111, 1?, ?I' .i 'h ;111' I i i 'I w I' I'r,( mT.5wiII I:'y I ! ICI'' Ifill 3, 1 Fwla?la?;r f I11.i?1 ??1 ?,I l'. T,vo J11::1_1- il,i-i IJI11+ j. I_ iIlli' _II fi f` 1 i 1 tI?? ?l I I' OJEC Fc),I-,, f?!111?; .1f11I?a1 9, ' ? < ?;, t 11'9' ?? r'-? ;11111-1111 il'11_L_1 11 The C11 111??1 1 il? - Item # 31 Attachment number 1 Page 2 of 5 ?I I_ir 1171 ? 1 JhIlq is I•? ?.e, -rTi '1`ded by r?P a ? ?f sa,, 1 -10h I l y f ? b'. ? 0 2010- t J', J I w j ??`i'I ?I II 1".1,ge 2 of 3 Item # 31 Attachment number 1 Page 3 of 5 IN WITNESS WHr*' l 171? 1f -!'r-A thy, SECOND AME on the day and year st:,:L' SOUTI 'T DI B c i Ir yO C41.1 ,,". T E R, v: k ll' 11, city M rrn' ATTEST', Ili i_l Cj,Lhl"i , Gr-irl, l ity Ier P '? ',f 3 Item # 31 Attachment number 1 Page 4 of 5 AC,,f LI' Il N•v,. f, 11 i X11 1„ ?I ? {' ,p ? Ifl. N, i??;?ll I'?.f?{?`?`I` ',;? } i.?i?'? C'i"? ?i? 1 ?1? I' 11 ?'T?.r `?• I f "? "'W"hrrian Park, ind ",'?upo of Work. Key 'li fl E i,, f ?vlr? 1 1s,r, fI e CITE" fcil- 1i:1 [IMP: 1, Th-- CITY hJ11 ']ff, .111 i [ 111 ?? tip i i, l DISTRICT prior t 1 ?- i If ?:l il f7, Pr.1 ?t to 2. Cdr--l th, f ,,"? f )f •,.;4 Ji_ "? 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Item # 31 Attachment number 1 Page 5 of 5 Project e ivir 'ahle ° 01,11 i li I lilt 1 1 li i !i I 1 On, tX I lll, Yt l i I I Project Schedule - if Item # 31 City Council Agenda Council Chambers - City Hall Meeting Date:9/17/2009 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) Clerk Cover Memo Item # 32 0 11 "II( i?uu,L r Page 1 of 1 U V ?? GOQ `OQ WIND cqA O? J,A? FLINT LOCK O r c P?? goo 0AX A<<IGATpR 7 CRFFK - ___ -- 0 ly- ?a w J D 0 n z Q << ENZIE U ,nom O<O PALMETTO ST \ o -- ?O CD J ARLINGTON Y C/) J cEo PLAT o w LOCATION J VARSITY DR ? O PG??P W D Z Gp U) Q _Z J w J Y U O Z) m z U of O SHARKEY 0 RD z SHARKEY RD Y :Mi ANNA AVE w TERRACE DR N LORENA LA w nrl U GRANGER DR p Q ELLA PL 11 J z C° w z U DORA NORMAN DR Q w DREW ST Clearwater U Prepared by: Engineering Department Geographic Technology Division Plat Location of Varsity Estates Subdivision N w E S 100S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www. MyC learwater. com Map Gen By: JHH Reviewed By: TM Date: 8/31/2009 Grid #: 281 B S-T-R: 7-29s-16e e m ca e: 1'=600' Map Document: (V:\GIS\Engineering\Location Maps\Varsity Estates PLAT.mxd) co v TI rY'' 4?vm m=?OZpNZK :s 32. z v Nm oy• 1-1 N Mr r N z r Z gip(--C)m ?c?WZzpZ N c) rr, c 0-0 ??? o mm Z - c7 >vDrm v?? 'mn p? m0? °v D N n (n.zvpi?mWr=??DZDD N M? SIN Cep ?r r?* Dc?mcDC?mzDp?p0z C/) N= ?N Wmm m nD a v D Z zm?0?DM Nm o mN mD m.. c7cn ?W M N? D O D?0ZCm-n°0M -0- Z r*i ?z DNZ 30 Z? mD?- p =mz0Z p N? Dv r-- U O r M v KZ z >E? M-0D Z m z m cm Dnp D ? ? r D z° D r- Dr?* v z p ? p Z K ? N pD r m y r v ?m M mD Zv 0 D M moos m N ?U) ? cn ??z D O Nm Dv C p K M mm ? D n m m m No Z r? M co U) z D ;a V;O En -n 0 Z a ° cn p ;u zm p 00 ;U Z N ;D m ;? p m I :z K C) C.A M -0 r- cpn z z Omm p M D = m p z ;a D CO E? p z -V D<m m v M m m ° c °mN?c D W p z V --?V-V cDn U) N a ° N Dz?M T c v CA o N o -,cn? v z n cn Z 5DZ I D?Mv r- 0 vzND M U) _ =c Z D r mvmp m MO D 0- m K cn z o7Cm G7 D pcnm 2 vv z Nz D ° o von> a ? v om?? 0 a z mo p boo-m < Dmn? M mmzr cn -Dvm z MNDm a czNK C) vxC)U) ?M?z = m =:I m D • Z C) N 0 --80.00' ----- _ I I Go I N I ----------- 80.00' w 0 C I 10' UTIL. ESM'T (PUBLIC) -I--------Z --- a a Cn a a a 80.00' 50.71' ------------- t ------ EARLHAM DRIVE N00'32'35"E 50' RIGHT-OF-WAY (PUBLIC) 470.71' 80.00' ----- -- 80.00' ----------- 80.00' 80.00' 50.71' - ----------- -- --------- ---- - -- ----- 10' UTIL. ESM'T u (PUBLIC) c c cn co cn R R cn Iq cn U cfl cn ?p rr rr m m m C) C) O O O O O 6 b 15' FENCE & MAINTENANCE ---------- - - ESM'T (PRIVATE) ?-- ----------- --- -------- ----- - ----- _80.00' 80.00' 80 00' 80.00' c _ N00°32'35"E _ _ _ _ _ _ _ 490.71' - - - - - QR Iq Iq ? u m D Ln Ln ro - o m cn to -pt rr cn z -P.- N z - C) m m m m oo M _ -0o m D Z ? Z 3; z rn z rn ?I N 0 \ 10' WALL &/OR FENCE ESM'T (PRIVATE) --------------------------- ------ ------------------ ---- 80.00' 80.00' 80.00' 80.00' 11 SO0°00'44"W 671.62' 0/A 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:9/17/2009 City Council Agenda 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) Clerk Cover Memo Item # 33 Attachment number 1 Page 1 of 5 V 1ON I1 t?.I I'I l_3 f:111j 1, kdOi'lii1, " e ?i-.t ?u i[ I`...ni,, ??i? I?,ll?• I i.?- 1. ?.:ii ?,?,?,??n:??????,?,r L,?i ? 1, ?li? .??rti ? i;;i ?,;?? ??n,? I?' •- rii,? ;????t ? +_i???i t?a,?i ?„?,,.i? ii??,l,i? ,?I??rna? I?ii?? I__,?,?1[i i i ?4?i "'S F t1, -I Item # 33 Attachment number 1 Page 2 of 5 Item # 33 Attachment number 1 Page 3 of 5 f;'X f l } i i S T A T OF Item # 33 Attachment number 1 Page 4 of 5 1: XH S, I J' I , I Item # 33 Attachment number 1 Page 5 of 5 j :en # 33 Attachment number 2 Page 1 of 6 i ..n°'r ii?.C l l l J l' 1 t I ,.i _+.71.? l,IIi, f,t1, 'l',? ? r i 1 Item # 33 Attachment number 2 Page 2 of 6 Item # 33 Attachment number 2 Page 3 of 6 OIL _I1 7 9 1% 1!11 Item # 33 Attachment number 2 Page 4 of 6 [ 10111?1)I I,, i ?i {1 3?7A rr? ? i Item # 33 Attachment number 2 Page 5 of 6 71?iC 1 i ?r I Item # 33 Attachment number 2 Page 6 of 6 Item # 33 Attachment number 3 Page 1 Of 1 DR 0 0 o m z 0 o; ? w Y FUJIAMA DR Z Z Q U D; U JAPONICA DR Q 0 0 0 Z?s SUMO DR 0 = o ? m Y PAGODA DR ? w U pV DR E PPp TEAKWOOD DR RI G 3 v? q O `O O ? w z a RICKSHAW DR OS 9Op SHINTO DR Q Y9G' O,Q o Cl G and I Bay Cove, LLC Legend Parcel Boundary N earwater Easements Bldg Footprint Clearwater Service Area W E Prepared by: Outside CLWTR City limits Engineering Department Ite m # 33; 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 BUTTERFLY DR TROPIC HILLS DR w Q m ?- Meeting Date:9/17/2009 City Council Agenda 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) Clerk Cover Memo Item # 34 ?- Meeting Date:9/17/2009 City Council Agenda 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) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 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 # 35 Attachment number 13 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 # 35 Attachment number 14 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 # 35 19 * indicates budget amendment only Attachment number 14 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 # 35 20 * indicates budget amendment only Attachment number 14 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 # 35 21 * indicates budget amendment only Attachment number 14 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 # 35 22 * indicates budget amendment only Attachment number 14 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 # 35 23 * indicates budget amendment only Attachment number 14 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 # 35 24 * indicates budget amendment only Attachment number 14 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 # 35 25 * indicates budget amendment only Attachment number 14 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 # 35 26 * indicates budget amendment only Attachment number 14 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 # 35 27 * indicates budget amendment only Attachment number 14 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 # 35 28 * indicates budget amendment only Attachment number 14 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 # 35 * indicates budget amendment only Attachment number 15 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 C C C C C C Item # 35 30 Attachment number 15 Page 2 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 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 10 C C C 11 12 13 14 C C 19 20 C C C Item # 35 31 Attachment number 15 Page 3 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 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 Item # 35 32 Attachment number 15 Page 4 of 6 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 # 35 33 Attachment number 15 Page 5 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 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 44 45 46 47 48 C 49 50 51 52 53 C C 54 36 37 38 39 40 41 42 43 33 34 Item # 35 34 Attachment number 15 Page 6 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 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 # 35 55 56 35 Attachment number 16 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 # 35 Attachment number 16 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 # 35 Attachment number 16 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 # 35 Attachment number 16 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 # 35 Attachment number 16 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 # 35 Attachment number 16 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 # 35 Attachment number 16 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 # 35 Attachment number 17 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 # 35 Attachment number 17 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 # 35 Attachment number 17 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 # 35 Attachment number 18 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 # 35 Attachment number 19 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 # 35 Attachment number 19 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 # 35 Attachment number 20 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 # 35 Attachment number 20 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 # 35 Attachment number 21 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 # 35 51 Ordinance No. 8102-09 Attachment number 22 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 # 35 Attachment number 22 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 # 35 Attachment number 23 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 # 35 Ordinance No. 8103-09 Attachment number 24 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 # 35 55 Ordinance # 8103-09 Attachment number 24 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 # 35 56 Ordinance # 8103-09 Attachment number 24 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 # 35 Ordinance # 8103-09 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date:9/17/2009 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. 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 $5,036,118, plus the interest that will accrue over the next 17 years. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) Clerk Other Yes Budget Adjustment: Annual Operating Cost: Total Cost: to None Cover Memo Item # 36 ?- Meeting Date:9/17/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend the Joint Participation Agreement (JPA) AOU60, Supplemental Number 02, between the City of Clearwater and the State of Florida Department of Transportation (FDOT) to construct a new multi plane hangar(s) at the Clearwater Airpark, and adopt Resolution 09-34. SUMMARY: Due to current economic conditions, we have a waiting list for enclosed "T" hangars and believe it will be more cost effective to rent smaller hangars than filling a large multi plane hangar. The FDOT requires a supplement to the contract to make the change to hangars plural. Review Approval: 1) Clerk Cover Memo Item # 37 Attachment number 1 09/11/2009 14:15 7274626957 CLEARWATER_MARINA PagRAG[E4 02/06 STATE of FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 02 7x5.030.07 PUEUC TRAN$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 # 37 09/11/2009 14:15 7274626957 CLEARWATER_MARINA pater 4n161 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 # 37 Attachment number 1 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 # 37 09/11/2009 14:15 7274626957 CLEARWATER_MARINA PataR 4 nr b 6 9 725-03W 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 # 37 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. Attait nQjg"g 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 IIVv : / ?- Meeting Date:9/17/2009 City Council Agenda 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) Clerk Cover Memo Item # 38 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.IWOO&B8 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. $g*-49?8 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 # 38 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 # 38 ?- Meeting Date:9/17/2009 City Council Agenda 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) Clerk Cover Memo Item # 39 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-4739 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-4739 U- 0 N J :.? do J W h ? . ............. ?.......... ''?.....Y........... ,L,.......... ................ .. Y.................r zt .............. .........................Y...... ..................... F Q ... ......... J U Z_ 0 W Z 7 0 a.. 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' C G?. ?o ii D cn J I °? - ° LL N a U) 0 J 0 m 0 064 aS :i ti Q .. H1ooe N3??nvuwu ? o z =4 <D z-4 BAYS?oE ? 0 0 `' Nb'VWONV? ? O CI- /AVM O ? Oa 34nOS NOldWVH O L' 03 ?,q z W j W n WINO O T r?? SS-aS ? ? 6 L Sn O O NVINHOVOO (770 O? O U 6l Sn .......... ... ...... ?0 m ro ?S Q 2? Q P : ENTER Q NH ?y oa a3HO138 G O3N3HO738 . ..... ? ...............?. Q Oa ON N3 HO438 C) 3nv s3?nOH3?- O 3? b s3moa3H m 0 o ? o . oa • . 3N33? ? oa 3N33N w al? z ablsbnH3Nid 3nv3H w Cl- U Z Q 3/1 311 V GNV4HJ/H RnV ONV-M; Zll? 0 z o w W z a z AMP SJNIN OQ- O z Q o ? ?5 y y ; o Q o Q N c n1138 w a O 3/?V33NnVM41lN •'' U O 3NV4 /1138 61 J r :•° LU U sOlw o 3nv iHnc 3nv svTsnoo p?'3/IV NI' O NDI a3H1m NL ?O a31 t 3nv o { udnw OC73 i7m -sn ? C'D w . 3? V U NOS12?HVF:::... •? W W S N •• °? alma G. _....-.' : P . O?? ? 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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# 39 Attachment number 18 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, Y Clearwater U y / 5 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT PLAN\2009 FMP\2009_plan _9_1_2009_finiitfiffl# 39 Attachment number 18 Page 6 of 173 Y Clearwater U y / City of Clearwater Floodplain Management Plan • 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 6 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT PLAN\2009 FMP\2009_plan _9_1_2009_finiitfiffl# 39 Attachment number 18 Page 7 of 173 City of Clearwater Floodplain Management Plan 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 7 S:AESM\Stat`AAMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 8 of 173 City of Clearwater Floodplain Management Plan 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 8 S:AESM\Stat`AAMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 9 of 173 Clearwater City of Clearwater Floodplain Management Plan 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 S:AESM\Stat`AAMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 10 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 10 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 11 of 173 City of Clearwater Floodplain Management Plan 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 11 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 12 of 173 City of Clearwater Floodplain Management Plan 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 12 S:AESM\Staft\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 13 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 13 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 14 of 173 City of Clearwater Floodplain Management Plan 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 14 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finJIt # 39 Attachment number 18 Page 15 of 173 City of Clearwater Floodplain Management Plan 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. Y Clearwater U y / 15 S:AESM\StafftAMcKinney\2009_FLOODPLAIN_MANAGEMENT PLAN\2009 FMP\2009_plan _9_1_2009_finiitfiffl# 39 Attachment number 18 Page 16 of 173 City of Clearwater Floodplain Management Plan 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 Y Clearwater U y / 16 S:AESM\StafftAMcKinney\2009_FLOODPLAIN_MANAGEMENT PLAN\2009 FMP\2009_plan _9_1_2009_finiitfiffl# 39 Attachment number 18 Page 17 of 173 City of Clearwater Floodplain Management Plan 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 Y Clearwater U y / • May 8, 1979 3 17 S:AESM\StafftAMcKinney\2009_FLOODPLAIN_MANAGEMENT PLAN\2009 FMP\2009_plan _9_1_2009_finiitfiffl# 39 Attachment number 18 Page 18 of 173 City of Clearwater Floodplain Management Plan • 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, Y Clearwater U y / 18 S:AESM\StafftAMcKinney\2009_FLOODPLAIN_MANAGEMENT PLAN\2009 FMP\2009_plan _9_1_2009_finkfiffl# 39 Attachment number 18 Page 19 of 173 City of Clearwater Floodplain Management Plan 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 19 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 20 of 173 Clearwater City of Clearwater 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 20 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 21 of 173 City of Clearwater Floodplain Management Plan 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 21 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 22 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 22 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finJIt # 39 Attachment number 18 Page 23 of 173 City of Clearwater Floodplain Management Plan 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 23 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 24 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 24 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finJIt # 39 Attachment number 18 Page 25 of 173 City of Clearwater Floodplain Management Plan 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 Y Clearwater U y / 25 S:AESM\StafftAMcKinney\2009_FLOODPLAIN_MANAGEMENT PLAN\2009 FMP\2009_plan _9_1_2009_finkfiffl# 39 Attachment number 18 Page 26 of 173 Y Clearwater U y / City of Clearwater Floodplain Management Plan 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 26 S:AESM\StafttAMcKinney\2009_FLOODPLAIN_MANAGEMENT PLAN\2009 FMP\2009_plan _9_1_2009_finiitfiffl# 39 Attachment number 18 Page 27 of 173 City of Clearwater Floodplain Management Plan • 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 Y Clearwater U y / 27 S:AESM\StafftAMcKinney\2009_FLOODPLAIN_MANAGEMENT PLAN\2009 FMP\2009_plan _9_1_2009_finiitfiffl# 39 Attachment number 18 Page 28 of 173 City of Clearwater Floodplain Management Plan 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 28 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 29 of 173 City of Clearwater Floodplain Management Plan 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 29 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 30 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 30 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finJIt # 39 Attachment number 18 Page 31 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 31 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 32 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 32 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 33 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 33 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 34 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 34 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 35 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 35 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 36 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 36 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 37 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 37 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 38 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 38 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 39 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 39 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 40 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 40 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 41 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 41 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 42 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 42 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finJIt # 39 Attachment number 18 Page 43 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 43 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 44 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 44 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finJI # 39 Attachment number 18 Page 45 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 45 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 46 of 173 City of Clearwater Floodplain Management Plan 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 46 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 47 of 173 City of Clearwater Floodplain Management Plan 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 47 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 48 of 173 City of Clearwater Floodplain Management Plan 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 48 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 49 of 173 City of Clearwater Floodplain Management Plan 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 49 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 50 of 173 City of Clearwater Floodplain Management Plan 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 50 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 51 of 173 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 51 S:AESM\Staff\AMeKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 52 of 173 City of Clearwater Floodplain Management Plan 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 52 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT_PLAN\2009 FMP\2009_p1an_912009_finJ1t # 39 Attachment number 18 Page 53 of 173 City of Clearwater Floodplain Management Plan 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 53 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 54 of 173 City of Clearwater Floodplain Management Plan 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 54 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 55 of 173 City of Clearwater Floodplain Management Plan 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 55 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 56 of 173 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 56 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finlrtfiffl# 39 Attachment number 18 Page 57 of 173 City of Clearwater 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 57 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 58 of 173 City of Clearwater Floodplain Management Plan Appendix A Resolution 09-37 Adopting the Floodplain Management Plan Clearwater 58 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finkfiffl# 39 Attachment number 18 Page 59 of 173 City of Clearwater Floodplain Management Plan 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 59 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finkfiffl# 39 Attachment number 18 Page 60 of 173 City of Clearwater Floodplain Management Plan 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 60 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 61 of 173 City of Clearwater Floodplain Management Plan Appendix 6 FMPC Meeting Minutes Clearwater 61 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finkfiffl# 39 Attachment number 18 Page 62 of 173 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 U y / 62 S:AESM\StafftAMcKinney\2009_FLOODPLAIN_MANAGEMENT PLAN\2009 FMP\2009_plan _ 9_1_2009_finiitfiffl# 39 Attachment number 18 Page 63 of 173 City of Clearwater Floodplain Management Plan 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. Y Clearwater U y / 63 S:AESM\StafftAMcKinney\2009_FLOODPLAIN_MANAGEMENT PLAN\2009 FMP\2009_plan _9_1_2009_finiitfiffl# 39 Attachment number 18 Page 64 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 64 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 65 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 65 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finJrtfiffl# 39 Attachment number 18 Page 66 of 173 City of Clearwater Floodplain Management Plan Appendix C Flood Protection Questionnaire Clearwater 66 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finkfiffl# 39 Attachment number 18 Page 67 of 173 City of Clearwater Floodplain Management Plan 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 67 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT_PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 68 of 173 City of Clearwater Floodplain Management Plan Appendix D Community Development Code, CH 51 - Flood Damage Prevention Clearwater 68 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finkfiffl# 39 Attachment number 18 Page 69 of 173 City of Clearwater Floodplain Management Plan 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; Clearwater 69 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 70 of 173 City of Clearwater Floodplain Management Plan (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. Clearwater 70 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finkfiffl# 39 Attachment number 18 Page 71 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 71 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 72 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 72 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 73 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 73 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 74 of 173 City of Clearwater Floodplain Management Plan 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) Clearwater 74 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 75 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 75 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 76 of 173 City of Clearwater Floodplain Management Plan (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. Clearwater 76 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 77 of 173 City of Clearwater Floodplain Management Plan (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. Clearwater 77 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finkfiffl# 39 Attachment number 18 Page 78 of 173 City of Clearwater Floodplain Management Plan (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)) Clearwater 78 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 79 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 79 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 80 of 173 City of Clearwater Floodplain Management Plan (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 Clearwater 80 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finJIt # 39 Attachment number 18 Page 81 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 81 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 82 of 173 City of Clearwater Floodplain Management Plan (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). Clearwater 82 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finJIt # 39 Attachment number 18 Page 83 of 173 City of Clearwater Floodplain Management Plan 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)) Clearwater 83 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 84 of 173 City of Clearwater Floodplain Management Plan Appendix E Community Development Code Clearwater Article 4 Division 13 - Clearing and Grubbing 84 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finkfiffl# 39 Attachment number 18 Page 85 of 173 City of Clearwater Floodplain Management Plan 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) Clearwater 85 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 86 of 173 City of Clearwater Floodplain Management Plan Appendix F Engineering Department's Erosion and Siltation Control Policy Clearwater 86 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finkfiffl# 39 Attachment number 18 Page 87 of 173 City of Clearwater Floodplain Management Plan City of Clearwater Florida Erosion and Siltation Control Policy 10 NWL 000 Requirements for ALL construction Clearwater 87 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finlrtfiffl# 39 Attachment number 18 Page 88 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 88 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 89 of 173 City of Clearwater Floodplain Management Plan 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, Clearwater 89 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 90 of 173 City of Clearwater Floodplain Management Plan 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 - Clearwater 90 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 91 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 91 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 92 of 173 City of Clearwater Floodplain Management Plan 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 Clearwater 92 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 93 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 93 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 94 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 94 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 95 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 95 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 96 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 96 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 97 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 97 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 Page 98 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 98 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 99 of 173 City of Clearwater Floodplain Management Plan 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. Clearwater 99 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finkfiffl# 39 Attachment number 18 Page 100 of 173 City of Clearwater Floodplain Management Plan z? i o ? Q o? ?Q J?Z W W O J 0 v) W W w Dam a of r ? J O IL Q ¢ W W 0 O J Z [if O UC> IL Or O Z W Z W o } W LLI O W c:u O C Z v C N U 6 c Z W U v? W c a? a .? U v) O O 1 O ? O f O I Li p? > > o LJ I. 1 L I w 1 F D- N /? V C7 o V U O _ Qf O:f > I H W U O O ~v ? a m > m L a 0 o_ Clearwater 100 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finlrtfiffl# 39 Attachment number 18 Page 101 of 173 City of Clearwater Floodplain Management Plan N W Q D O ? 0_' Q ° a z z WW o0 0 w w > roof o a Dm J 0? U d z O oZ Ld C) >- Fx ~ W U o Z W z N p ID W W 0 3 '+ O W Q vi N O N ? - V U C7 7 V U W N U U U1 ? ? Q 0 O 0 a 6 ?) W ? LJ O? O N to 6 Z pO Z ?W O CO w 0 O? J c? `o 0 a - ELI I N Q N ¢ s 0 t W H ? O N Vl N O N O O ?U) N NU N c ? ° t o m C O vi ? N U LU ) L w to w 0 o Fn W o Clearwater 101 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finlrtfiffl# 39 Attachment number 18 Page 102 of 173 City of Clearwater Floodplain Management Plan DIVERSION RIDGE REQUIRED WHERE GRADE EXCEEDS 2% EXISTING PAVED ROADWAY SECTION A - A SPILLWAY SEDIMENT BARRIER \ (STRAW BALE TYPE SHOWN SUPPLY WATER TO WAS„ WHEELS IF NECESSARY. 6 O A ?A G w a U Z 2 ? „R GR?P??R LTER FABRIC NOTE: USE SANDBAGS, STRAW BALES OR OTHER APPROVED METHODS TO CHANELIZE RUNOFF TO BASIN AS REQUIRED. 0. FLOW 2"-3" COURSE z AGGREGATE f MIN. 6" THICK F- ? DIVERSION RIDGE X w r 50' MIN. PLAN NOTES: 1. THE ENTRANCE SHALL BE MAINTAINED IN A 2. WHEN NECESSARY, WHEELS SHALL BE CLEANED CONDITION THAT WILL PREVENT TRACKING OR PRIOR TO ENTRANCE ONTO PUBLIC RIGHT-OF WAY. FLOWING OF SEDIMENT ONTO PUBLIC 3. WHEN WASHING IS REQUIRED, IT SHALL BE DONE RIGHTS-OF-WAY. THIS MAY REQUIRE TOP ON AN AREA STABILIZED WITH CRUSHED STONE DRESSING, REPAIR AND/OR CLEANOUT OF ANY THAT DRAINS INTO AN APPROVED SEDIMENT TRAP MEASURES USED TO TRAP SEDIMENT. OR SEDIMENT BASIN. Clearwater 102 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT_PLAN\2009 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 Page 103 of 173 City of Clearwater Floodplain Management Plan o0 it F- a ?V) Oo?w h, .v LdZU J a LJgZ}0?Q LLJ 0 Y- of ro C) 3: LLJ a Z ?CnZa?alZ LLI i a [if z JZ? LL. UOw0UO0 m ;' o f"; Z a LW O U Ul O w L V) M 4 U) c) a a e J Ld 3i LLI C, N Q W Q V _ Q (n CO W w 0 $ ; w? o -_ 00 .. Ix v m Y G W U G $n .?. a o U ? $ a 40, '54, SIT a ?m c ? oo _ I C ? V m r? cy W m c c ?? Z ?FF O W ?z? J W 00 w O W = N C a ? O LL d }} m r L?O F m o` p d V I O U o 3 c Z a o? F mm Zt 7 ZW C.2 W y QO Q N O in Q Clearwater FMP\2009_plan_9_1_2009_finkfiffl# 39 Attachment number 18 Page 104 of 173 City of Clearwater Floodplain Management Plan W e o? W z ° o0w r Cn V J Z O N } F N a(n E E a ° Q w Q Q Q N o OHO O U N d U 0) :3 LL N 0 Z O m 3 ?` (n U C >- LLI ° o H o ~ U Z ? O > . ° %j ? O W ~ O (p O J? Q N N O 0 0 E " U. O u? ° N C Z ? g 2 Z W O N T W QC] O C; H C', U a W ?Q:2 o d N ? V) T ¢Q cn O UI N T+ UU O ° C ° N LL 7 °C 'U N U?wfn c x O O H O d 3 3 o- o 0 0 Q) Q) N m m x O N F' 7 W z Q J d Clearwater 104 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finlrtfiffl# 39 Attachment number 18 Page 105 of 173 City of Clearwater Floodplain Management Plan o ??t z? -o W?? o N C ¢ O ?a oa Z? w o v L E o z 0 W o aW a w 3 o o oam wz 3 }NV) j a C L of of J Q Q M o a w of J O F U Z O N naziO cn? ?OZ ? } W LLI U Z .? z W Z :5 E 0 0 r •o - 6 10 I E Fn ? Y o W M ? m C ? O C I ? fn •- M ? . d tl1 ? W O N ? o I C ? N 7 N I ? 0:5 0 Z O d N O O a F- 0 W 3 U ?(n o o Z 0 O? N 444 441414, J rA Y V) 2 O d o° mV) CL U 0 L H C E O W H C U7 E i q 1 E ryL •'• 0 7 O J L N O Clearwater 105 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finlrtfiffl# 39 Attachment number 18 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 FMP\2009-plan-9-1-2009-finkfiffl# 39 Attachment number 18 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 FMP\2009_plan_9_1_2009_finlit # 39 Attachment number 18 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 # 39 Attachment number 18 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 109 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT_PLAN\2009 FMP\2009_plan_9_1_2009_finkfiffl# 39 Attachment number 18 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 110 S:AESM\StaffkAMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finlrtfiffl# 39 Attachment number 18 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 111 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finlrtfiffl# 39 Attachment number 18 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# 39 Attachment number 18 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 113 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finlrtfiffl# 39 Attachment number 18 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 114 S:AESM\StaftkAMcKinney\2009_FLOODPLAIN _MANAGEMENT -PLAN\2009 FMP\2009_plan-9_1-2009_finlrtfiffl# 39 Attachment number 18 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 FMP\2009_p1an_9_1_2009_finJ1t # 39 Attachment number 18 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# 39 Attachment number 18 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# 39 Attachment number 18 Page 118 of 173 City of Clearwater Floodplain Management Plan Appendix G Clearwater Engineering Department's Stormwater Design Criteria 118 S:AESM\Staff\AMcKinney\2009_FLOODPLAIN _MANAGEMENT _PLAN\2009 FMP\2009_plan_9_1_2009_finkfiffl# 39 Attachment number 18 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 FMP\2009_p1an_9_1_2009_finJ1 # 39 Attachment number 18 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 # 39 Attachment number 18 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 #39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 Page 128 of 173 City of Clearwater Floodplain Management Plan PDDB (D aa? wN o \ ? N ? C_ C DO c0 x d O -O a J H OQ r7 \ J > N V d C Q F N NO \ a U LJJ 0 W f W W dZZ W N X N o O U Ham U) 0 7 E Q U •• W N O N E m W QW O 3 W? J? O ? d ° m\.? r m U L aY(D oa? Cn3: Ws PUD8 j 3 +. C w zrF VOW V) 3 ° „9l/£ ® SJDO ZZ ? a o o o „9l/g-Z ® S@ODdS lZ • 2 in oe m a J? 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Z UOW (n ..9LA ® SJOe ZZ O C d N ? p O N a2 ? 4 O „9l/9-Z ®saoodS LZ ??0 0Q o?a c OU o +?. a?i O o 3 r ~ O ,,9L/LL--V - .b v w v c? a m o mo m 2 N E Y° w a ¢ Z Q) E .E a ? o Q E O O c a E y N 0 c Q L C _ X d O 3 O M I I I 0 T C1 W L? F a ? I I N 4 I ? I D 0 O N I I ? o a0 \ o (0 - > 0 -rq Lf) . N U rn MR p co m N O > r\ W = 00 A- C: N O c? Z O N IL LO O W J C-4 Q) o W Z c? E (n 0L-, g E I W E D a `m O E a E E H U _ V) ¢ a ° E O U I'D > O C CO ? C J y ° T yT. I LL E cJ = O O o o 7 - 3 Q C O O L O I d ? O D C O? N a] I I !+ T O I f7 ? C.7 -? „? N i ® - 129 - Item # 39 Attachment number 18 Page 130 of 173 City of Clearwater Floodplain Management Plan a puog a wN o ° 7 z z - H 0 J XXXXXX _ I L J _ N G1 w 3 ? O N z o z 0 W H W Z 13 XXXXXI ? x N N , y v a _ Z w Z> w 5 ) + w af 0 Z a m\ N W N j O E W °C J D yZ O a= N I 3 s v cY No Q I-- V) Wmz - ? % o 9 a° c 3 o w 'i 0 3w [n vJi pUB Q o Y (n Oe m Q m E OU ..9L/c a SiDe ZZ o.E _ I- co 9l/S-Z @ SaODdS lZ °a7 no „ - o CJd } r > m o o° ov ? C o U a ' xV wpwa w f/ C ? Vl y O C + m m OLD yN V 3 E of Z? N d ° E ? o o a ` a c ? N O a E o ? ? N a V o O O D_ o I I M 0 0 m _ 0 F a I I W _ O N ? I I o N I I a I o ?I W o W R \ I N n 9-.b I g o ` U c r? ° N ? ? r7 ' o m (o 00 _ a V D IO ..Z ® ? N u) C o O N n O v O w i Z O oo _ r co r W o J L) a Z _ W Z N .ZL ..ZL J o I) Ln L,J U N En LJJ p a N •? 3 y 0 ? ? of a in U (J E c „0 L-,S 3 Z > N F- M V) O m _c ' ` -1 m E O D \ 0 Lw E o 0 o E _ z a E ° E J E N o ' > o 3 E E o s U c o o " o o o a 0 07 N Q E o m 3 o ? = o' o °; z v C _c m v 0 . (D a c 3 .N V D - 130 - Item # 39 Attachment number 18 Page 131 of 173 City of Clearwater Floodplain Management Plan o • o? ? N v O L ? M ' ' C7 L O^ p ? m L C O 7 -0 L L N p O a U L ¢ 0 n+ DO u 0Cnn1 ?? BMW a? y D N Q_ C.Q? C ?`N ? a? ¢ N7; N p CO Lq O !D LOC U 0 L O' E S S i M_c ? ? F w z aLi 0L) QLL rn ? a :3 ? ¢aw z °o z ` a c y cO ?a T a N -0 . aYy(? a d O? N Dy 7In-r V N N - N!_' COQLLQU M C'c- _ L CL ??z UOw p w w o M V) E U) >- N H N O r2O a 0-a - LO ? m co r_ NU O o c? rm z o U L Q ?O ?U C o Z t ++ d 0 LL •3 d d m m ._+LL-0 C LL Vn O E> c 'o 0 ? oo° o 0 V7 0 r N Q C °w v Z w? v v 17 of o ,E l o o °-0 B U Li~ oQ° 3?? ? o ao o'cZq of 9?° 80 V) z N a O? (n 0) LL :3 W 0 0 0 N Z Gl U m° a i C)O ov o ° O U C m o Z o N :3 9 -V 0 0 ° a 0 X N ? ? o a w 0 O L ? Q V) L - 0n O C (M U L n 0. 3 L. c . o C9 ? ? L 0 .?+ I ++ L. LL c C 'O i? O C ' 13 U) r- 4 D Z 0 N D L. 13 00 6 L V +L+ 7 tr- Q tO a ? 3? a M o 0 vi w o N z m Z x N 0 N 0 0 F- j Z 3 (/j 4-1 v W 2 d z N v w Q ? O - 131 - Item #39 Attachment number 18 Page 132 of 173 City of Clearwater Floodplain Management Plan a m oN 0, 5.0 a E az - +? L vi 22 L V N ?Q `~ O } L O O y> czZU OO O O ??Z Z J fn w (Da o= c? a y 3a''ww°? '60 Nn L QY?z? w z z 10 0 -0 c L O UOL Z L- o ++ 3 V) Q y O U V 0 L- N 0 7 U- `? U d m 'm ro LL O alk U O G ?} 00 U E a> a4 R om w? 3 o 0-0 .2 1 c v a? o o o > V \ C -0 i O O j/ Oa CD L y 0 M a Cft'O N O N c L C M-0 +L dj j/ ` O' p O L z o \\ +:y V d 3 O o y '> LL Val U) L L FS U ~ d LLI , V) C' ° ° ° p o ° o O Oo o°° °°°o0? °oo a 1 Q °Oo ° O°d°° °oQ i\\ O U) O° r m c N --+ - \ T°oo oa V) Z o°oo _j O o° o o ° oo U Z ° °P 0° ° °ooO°? ° \\i ° 0O0 +; \\\ \\\ H L \ \\ cyo E o c s- L- O 0 0 L:, CL a?-va docn - v ` V-0 D v L p Oti O.? L C O N a U p ` a.Z C O C .O .C m 3 0?+O N-0O A - 4q), w O V CL N y E L uw ? `-aCA c c d o O o o W O o."="- m-0 a 0-a+ZLz°g u) 3"a C c O o - 132 - Item # 39 Attachment number 18 Page 133 of 173 City of Clearwater Floodplain Management Plan o ?o ai D o ? ID L: U) oa W 0 °i COo X c? v cc ?H Z o G ? ?GO ? CL C 00 N z () C C C O 0 0 i z W W2 z F O T= W O 3 O5 N ? QoW W z a? c ?;,r w, o Saw ? o 7 O W e W +L+ ?Wi a V' Z LJO Z O CL C W++ dri V r C O U'Y0 JOW W W ««_ L c Ov_ o, O- >, 3 -" p .0 00 t p y C 0 0 O C C L- N J 6O aO o rm O.O V Ua mo rm?m E=ma=d o ? W ='rot v mt x C J?O VJ C W 3J W W 3 0 N Nj ? a a J J Q = z F O J W J cn z Op N J a N w 0V) C14 V) 00 W z Lf 3 Y O Q W J U J LL = J W JN W to I Q ? ?. z J r O Co i z J LO J m x o 3 - 133- Item # 39 Attachment number 18 Page 134 of 173 City of Clearwater Floodplain Management Plan Appendix H Engineering Department's Stormwater Management System Policy - 134 - Item # 39 Attachment number 18 Page 135 of 173 City of Clearwater Floodplain Management Plan Updated August 17, 2007 CITY OF r? I? Lk 'ti'I! nh f 6 l.ll 1 Love r ? l S1 0 lid ' 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 # 39 Attachment number 18 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 ?/aila ^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 p rr--rrnance 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 # 39 Attachment number 18 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 vratei 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? raali) and Puolir. ; :l-f'11,. s 11w Ir:urtx.rsta rat thin ommlkt(,e Is to r or?: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:ern 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•io !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 CU! li,, r:r>: Pr?)cir dorvs; )F nr, i prance of roadways and storr w,,a_er rur 0if all operai' in c?rrrlpl W;sh N ! :Iermirtin,o Stormy, sir 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, I. ,.>,, 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 `se" in leng; h and up t() %w in m,a;rfm diameter„ no deeper than 5 (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 # 39 Attachment number 18 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, torrirwa; 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:v 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 #39 Attachment number 18 Page 142 of 173 City of Clearwater Floodplain Management Plan Appendix I City of Clearwater Comprehensive Plan - 2008 Stormwater Management Element - 142 - Item # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 Page 150 of 173 City of Clearwater Floodplain Management Plan Appendix J Application for Non-Substantial Damage/Improvement Review - 150 - Item # 39 Attachment number 18 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 #39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 #39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 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 # 39 Attachment number 18 Page 165 of 173 City of Clearwater Floodplain Management Plan Appendix K Capital Improvement Stormwater Utility Project List - 165 - Item # 39 C m a C E tt 0 Ai W F2J? i V O-0 p V LL 1:5 F O o _0 M (D o Q F/5- O c c 0) a r 0 c c o = o ? co H o (D (D c o co o in . o O 0 m a? v a c in n o n co M m m a 0') o o° o 'co o .F/5 c o U o v E n O n c o C/) J H O 0 O CD CD O CD CD O Q ? y ~ O O C O O O U O clc 0') 9 9 . a? 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(B (B U N N Attachment number 18 Page 173 of 173 City of Clearwater Floodplain Management Plan END OF REPORT - 173 - Item # 39 ?- Meeting Date:9/17/2009 City Council Agenda 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. 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) Clerk Cover Memo Item # 40 Attachment number 1 Page 1, .-- - - - e receipt i '.i:d -in G- convey a F`;,; -, 11 -ses Th 1c Vf1 n t l fl l1 uhf l rrr . h an fl m a that F: ?jl simple titl 1'. 11 lli 1'; ,r ?;ril Ic ?: ? I I_ It is the easement C al : F, D i_EILA L,.. Item # 40 1 hanc' : It, the the Attachment number 1 Paage-? CH0,D.. UT IL # 40 Attachment number 1 Page 3 of 3 Attachment number 2 Page 1 Of 1 ov"? CEDAR RUN CT MEADOW OAK DR 0 3 Z? ? o w o - JP ? 2 J J Q, p? Q x ?R- v o LONG VIEW DR P ? 0 KENILWICK DR WILDWOOD DR, p U 2 W14DWOOD 0 0 >??P oo _ C) w DR BRYOAWR CIR 3 Q o i o MAYFAIR CT SR 580 CASCADE DR x w ? ? o ¢ o U ? ? g o z EASE EN TIO 5 0 OCA ON HA VERFORD DR o; 0 u ? e L Y o Wa HAVERHILL DR co ? Gt DIAMOND HEAD DR OXBOW CT fgATHERWOOD CT ANDERSON DR A 9 3 0 y2 o o U DEER RUN z ? O,p 3 -_ COTTONWOOD CT ANDERSON CT - SANDHOLLOW CT ¢ U _ O _ (7 O O 3 3 -- _ w 1 o 0o h Y 3 0 SWEETGUM WAY djgRRF CT ENTERPRISE RD c g ®. Z ¢ GLOR)F ct i w . - - PARKCREtK DR w m A o Cl LEILA G. DAVIS ELEMENTARY SCHOOL Legend Parcel Boundary N earwater WATER MAIN AND UTILITIES EASEMENT ! Bldg Footprint Clearwater Service Area ?... W E Prepared by: Outside CLWTR City limits Engineering Department Ite m # 4? 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 City Council Agenda Council Chambers - City Hall Meeting Date:9/17/2009 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 1st 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. Mary Morrow - 2881 Deer Run S., 33761 - Sales Director Application received 09/14/09 5. 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 Item # 41 Review Approval: 1) Clerk Cover Memo Item # 41 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 # 41 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 # 41 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 # 41 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 # 41 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 # 41 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 # 41 Attachment number 4 Page 1 of 2 Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Home Address: ' S LAC zip Telephone: I C? ? w u L) How long a resident of Clearwater? s I f Occupation.: Field of Education: nLp Mc.?k-L - I If retired, former occupation:_ Community Activities: 2 Other Interests: A a Board Service (current and past): C f\f MF3 Additional Comments: Board Preference: Signed: MAIA 11-1 [ 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. 01 r SEP 1 42D LE! 1 ,IvE Gt-PT Office Addr ss: ef-t.,me 0 40 (k ?f zip-2:D26 Telephone: 49-1 - -T? -III t Employer: Other Work Experience: Ca iS-L-" 1 64-l" U Date: Item # 41 Attachment number 4 Page 2 of 2 BOARD QUESTIONNAIRE 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 4. Why do you want to serve on this Board? Name:Jw Board Name: SUA Item # 41 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 1 . /What is your understanding of the board's duties and responsibilities? Attachment number 5 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 # 41 Attachment number 5 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 # 41 Attachment number 5 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 # 41 Attachment number 5 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 # 41 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Meeting Date:9/17/2009 Review Approval: 1) Clerk Cover Memo Item # 42 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Sandwich Boards SUMMARY: Meeting Date:9/17/2009 Review Approval: 1) Clerk Cover Memo Item # 43 Attachment number 1 Page 1 of 38 PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIG TU '/ a - ,? ?•`k- n?? l ? o ? u c? ? Plv Y U24 j-, 7- Y ?toV 5 rr f ? fty C , in b-W - q6 n 1.? , rJi? /'I (L -j YL L." I a- I? ? s y t7 r? ? `l f Al Kr<. F `f s s - I? s ?? ?1 f ri ?1?? a4 d +J 1. J t°C LJ 13 ( -79 (A r-tj 13 A,, L [ f ?*X ?hn 25Z? 'ti^ t L ID Item # 43 Attachment number 1 Page 2 of 38 PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIGNATURE - ( L' " IJ Car 8pR6e-;,gqjp zsyl PR4V S i *7-6 L !e?s br idcst ?O? f e W S-? - VV Ye JY W f e 42 e u/ 1 $ S ho e5 e, Item # 43 Attachment number 1 Page 3 of 38 PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SI ATU 01 .7 u 3 v C -L! a 0< 51 y Cle:veki\? 1 u rw v? v? ?i,. •-far /0V Nt 1202 Icing H wit/ -70 1 S S i LIBj?.i'il Y) i _ : `J of -U'1 C ? ' C :V Item # 43 Attachment number 1 Page 4 of 38 PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIG TU -E L? i4c, LA S / Item # 43 PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS Attachment number 1 Page 5 of 38 Item # 43 I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my Attachment number 1 Page 6 of 38 Clearwater Beach Sandwich Sign From: ljackson [mailto:ljacksl3@tuWabay.rr.com] Sent: Tuesday, September 15, 2009 5:06 PM To: fran(dfranbartlett.com Subject: sandwich board. I would love to seethe sandwich board issue pass. I own Lou's Salon and Spa at the Holiday Inn GulMew. Because I am in a Hotel, I am not allowed to have any kind of sign on the street. I was told I am to get my business from the Hotel. There are four rows of parking between the street and my business therefore making it impossible for anyone walking down the sidewalk to see me. I do hope in the future I will be allowed to have a board. Thanks for all your help and I will be waiting to see what the outcome of this meeting i?zll be. Sincerely, LOU From: David Little [mailto:dlittle25@tampabay.rr.com] Sent: Tuesday, September 15, 2009 4:29 PM To: fr=@franbartletl coin Subject: signs Fran, d do have a concern when storefronts in a strip center or business area are 20 feet wide and therefore you have a sandwich sign every 20 feet Originally this issue was for restaurant menu signs I can see where it can get out of hand now that all retail and restaurant business will have a sign on the sidewalk and potentially every 20 feet Are barber shop and salons included as well ? Thanks David I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIGNATURE Royal North Beach 657 Mandalay Ave Kathy J Sarno . CMM923@aol.com SouthBeach Grill 731 Ba 'a ' Blvd F Bartlett Sh ards P. Andrews Vitraelli & Associates, PA 251 Windward Passage, Ste G Richard L. Vitraelli Norma Resorts 648 Poinsettia Ave J Di Domizio Keller Williams Realty 636 S. Gulfview Blvd. SUSAN SCOURTES e_4DDIs Camelot Resort 603 Mandalay Ave. Ron Flumo Item # 43 Attachment number 1 Page 7 of 38 PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIGNATURE Vitraelli & Associates, PA 251 Windward Passage, Richard L. Vitraelli Ste G Item # 43 Attachment number 1 Page 8 of 38 PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. 1 request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIGNATURE Camelot Resort 603 Mandalay Ave. ZOvwFlarn4ly Item # 43 Attachment number 1 Page 9 of 38 PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS f SIGNATURE Norama Resorts 648 Poinsettia Ave J Di Domizio Item # 43 Attachment number 1 Page 10 of 38 PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIGNATURE Royal North Beach 657 Mandalay Ave Lee Kam sen Item # 43 Attachment number 1 Page 11 of 38 PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS BUSINESS SIGNATURE COMMENTS NAME ADDRESS New Harmony 1949 Drew St Kadin Davis I am the Co-owner/operator of New Coffee and Tea Harmony Coffee and Tea, a small coffee shop on Drew St. I believe having a sandwich board type sign outside of our business would help tremendously, especially during this hard time. Our sign and business cannot be seen from the road and is even more hidden if you are traveling westbound on Drew St. Thank you for including me in this petition, finally something good from the City of Clearwater! Clearwater 401 Cleveland St Bob Clifford Regional Chamber of Commerce West Side Realty 2050 Weaver Park Bob Burk Drive Advantage Group 2555 Enterprise Bud Elias Road Statewide Title 625 S Missouri Donna Doyle Solutions Ave Bayside Arbors 2729 Seville Blvd Elaine Nurse Due to the fact that my business is not visible from US 19/Seville Blvd, a sandwich sign is a great and much needed marketing tool to capture drive by traffic. We constantly have our customers tell us they have lived in Clearwater for years and never knew we were back here. In addition, roadwork will begin by the first of the year to widen and elevate US 19. The advantage of traffic stopping and being able to see our signage at the current intersection will no longer exist. This will directly impact my business as drive by traffic will now be passing above Seville Blvd. The City must recognize the dilemma many of our businesses are facing due to the economy and support our request to allow additional signage in order to survive. Item # 43 Attachment number 1 Page 12 of 38 Sign-Age 16036 US 19 N Linda Levitan Customers are upset when they realize they can't affordably advertise with Sandwich board Signs. Small business is always on a budget and with this economy, many are suffering. This type of advertisement brings business in the door without a major advertising investment. Further, they don't understand why beaches and downtown is allowed to advertise just because of their location. Any location in the City of Clearwater MDC Group, 29399 US Hwy 19 John Stockhausen Camelot Resort 603 Mandalay Ave Ron Flurnoy Active 2551 Drew Street Dr Marcus I regularly use a sandwich board to list Chiropractic & Milnes our included insurance plans. Rehabilitation Delphi Academy 1831 Drew St Bettina Pope I wanted to let you know that we would of Florida really like to be able to use sandwich boards for various events and promotion for our school. We don't put them out very often, but they really help get people into our school, which helps our expansion and with that, the economy of the City of Clearwater. I hope that you will consider this request. Thank you very much. Regions Bank 715 S. Ft. Harrison Jim Watrous We would consider using sandwich board Ave to enhance our traffic flow and customer awareness, in specific situations. An example would be Saturday Banking and new branch openings. One Stoppe 411 Cleveland St Linda Sho e Morfoloulos Southern Strategies 2105 Drew St Art Shand Incredible Edibles 721 Lakeview Rd Carol Kirton & I am the owner or manager of a business Rowland Milam licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. #501845 v1 - GACSandwichBoardPetition Item # 43 ?ta Q170nt r?nber 1 Kathleen Peters From: Hailey gero [newharmonycoffee@yahoo.com] Sent: Wednesday, September 16, 2009 1:16 PM To: Kathleen Peters Subject: Sandwich Board Petition My name is Kaitlin Davis and I am the Co-owner/operator of New Harmony Coffee and Tea, a small coffee shop on Drew St. I believe having a sandwich board type sign outside of our business would help tremendously, especially during this hard time. Our sign and business cannot be seen from the road and is even more hidden if you are traveling westbound on Drew St. Thank you for including me in this petition, finally something good from the City of Clearwater! Kaitlin Davis New Harmony Coffee and Tea 1949 Drew St. Clearwater, Fl 33765 (727) 441-8672 www.Newharmonycoffeeandtea.com Item # 43 9/16/2009 Attachment u ber 1 Q04o0' Kathleen Peters From: Mimi Farley Sent: Wednesday, September 16, 2009 2:22 PM To: Kathleen Peters Subject: RE: Government Affairs Sandwich Board Petition MOLI(I Mimi J. Farley Membership Concierge Clearwater Regional Chamber of Commerce 401 Cleveland St. Clearwater, FL 33755 p 727-461-0011 x227 f 727-449-2889 mfarleyCcDclearwaterflorida.org From: Kathleen Peters [mailto:kpeters@clearwaterflorida.org] Sent: Wednesday, September 16, 2009 11:41 AM To: Mimi Farley Subject: Government Affairs Sandwich Board Petition Government Affairs Committee CLEARWATER Regional Chamber of Commerce = The Premier Voice of Business -?I Immediate Attention Required--Please Respond today to Kathleen Peters at kpeters@clearwaterflorida.org if you want to sign the petition requesting the City of Clearwater to allow the use of "sandwich Board" signs throughout the City of Clearwater and not be restricted to only the Downtown and Beach Districts. Please sign our petition that will be presented to the Clearwater City Council at 6:OOPM Thursday, September 17. Council will be considering proposed recommendations by the Clearwater Chamber's Government Affairs Committee that they expand the allowance for use of "sandwich board" type signs for businesses throughout the City and not restrict their use to only Downtown and the Beach. Item # 43 9/16/2009 Attach el m8G ber 1 The Clearwater Chamber believes "WHAT IS GOOD FOR BUSINESS IS GOOD FOR CLEARWATER" This is a statement that all of us, business persons, city staff and the Council must buy into. We feel that sandwich boards located adjacent to the business building allows for increased marketing opportunities designed specifically to the pedestrian traffic and/or the customer walking in the store. This marketing tool allows businesses the opportunity to promote a special within the store. To respond reply to this email and include your name; name of your business and the business address; and why you are of the opinion that the board will enhance their business. The petition is below. I will include your reply e-mail as your signature. The Chamber thanks you for your support. PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIGNATURE Chamber of Commerce Clearwater Chamber 401 Cleveland St #501845 v1 - GACSandwichBoard Petition Kathleen Peters Vice President Public Affairs Clearwater Regional Chamber of Commerce Forward email Email Marketing by ® SafeUnsubscribe@ This email was sent to mfarley@clearwaterflorida.org by kpeters(cbclearwaterflorida.or4. ?. ; Update Profile/Email Address I Instant removal with SafeUnsubscribe"' I Privacy Policy. CWSbqGxdRCe TRY IT FREE Clearwater Regional Chamber of Commerce 1 401 Cleveland Street I Clearwater I FL 1 33755 Item # 43 9/16/2009 Attachment number 1 Page 16 of 38 Please sign our petition that will be presented to the Clearwater City Council at 6:OOPM Thursday, September 17. Council will be considering proposed recommendations by the Clearwater Chamber's Government Affairs Committee that they expand the allowance for use of "sandwich board" type signs for businesses throughout the City and not restrict their use to only Downtown and the Beach. The Clearwater Chamber believes "WHAT IS GOOD FOR BUSINESS IS GOOD FOR CLEARWATER" This is a statement that all of us, business persons, city staff and the Council must buy into. We feel that sandwich boards located adjacent to the business building allows for increased marketing opportunities designed specifically to the pedestrian traffic and/or the customer walking in the store. This marketing tool allows businesses the opportunity to promote a special within the store. To respond reply to this email and include your name; name of your business and the business address; and why you are of the opinion that the board will enhance their business. The petition is below. I will include your reply e-mail as your signature. The Chamber thanks you for your support. PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater, BUSINESS NAME BUSINESS 184 v1 - GACSandwichBoardP titi l e on leen Peters Vice President Public Affairs Clearwater Regional Chamber of Commerce ADDRESS SIGNATURE .S d (jJ G?? 3a??= ?i??lG Forward email This email was sent to cgermer@clearwaterflorida.org by kpeters anclearwaterflorida tern Uodate Profile/Email Address I Instant removal with 5afeUnsubscribeTM I Privacy Policy, Email Marketing by Item # 43 Acgh?m7nt r}?aYnber 1 Kathleen Peters From: Bud Elias [celias@advangrp.com] Sent: Wednesday, September 16, 2009 2:39 PM To: Kathleen Peters Kathy - I would support the "sandwich signs" for downtown. Bud Item # 43 9/16/2009 Attachment number 1 Fpage °toy 1 Kathleen Peters From: Bud Elias [celias@advangrp.com] Sent: Wednesday, September 16, 2009 4:24 PM To: Kathleen Peters Subject: RE: Kathleen - I was primarily thinking of the "downtown" district. However, since uniformity is always an issue - maybe that privilege should be extended to all in the city who qualify. Does this help? Hope all is well with you. Bud From: Kathleen Peters [mailto:kpeters@clearwaterflorida.org] Sent: Wednesday, September 16, 2009 4:02 PM To: Bud Elias Subject: RE: Downtown only or throughout the city? Kathleen Peters Vice President Public Affairs From: Bud Elias [mailto:celias@advangrp.com] Sent: Wednesday, September 16, 2009 2:39 PM To: Kathleen Peters Subject: Kathy - I would support the "sandwich signs" for downtown. Bud Item # 43 9/17/2009 ttachm nit 1r?u?n ber 1 4g a 91to?8L' Kathleen Peters From: Donna Doyle [ddoyle@swtitle.org] Sent: Wednesday, September 16, 2009 1:36 PM To: Kathleen Peters Subject: RE: Government Affairs Sandwich Board Petition Donna A. Doyle Statewide Title Solutions, Inc. 625 S. Missouri Avenue Clearwater, FI 33756 Phone: 727-733-8000 Fax: 727-733-8001 ddoyle@swtitle.org From: Kathleen Peters [mailto:kpeters@clearwaterflorida.org] Sent: Wednesday, September 16, 2009 11:41 AM To: ddoyle@swtitle.org Subject: Government Affairs Sandwich Board Petition Government Affairs Committee CLEARWATER Regional Chamber of Commerce The Premier Voice ofEusiness Immediate Attention Required--Please Respond today to Kathleen Peters at kpeters@clearwaterflorida.org if you want to sign the petition requesting the City of Clearwater to allow the use of "sandwich Board" signs throughout the City of Clearwater and not be restricted to only the Downtown and Beach Districts. Please sign our petition that will be presented to the Clearwater City Council at 6:00PM Thursday, September 17. Council will be considering proposed recommendations by the Clearwater Chamber's Government Affairs Committee that they expand the allowance for use of "sandwich board" type signs for businesses throughout the City and not restrict their use to only Downtown and the Beach. The Clearwater Chamber believes "WHAT IS GOOD FOR BUSINESS IS GOOD FOR CLEARWATER" This is a statement that all of us, business persons, city staff and the Council must buy Item # 43 9/16/2009 Agit r nit ruunber 1 into. We feel that sandwich boards located adjacent to the business building allows for increased marketing opportunities designed specifically to the pedestrian traffic and/or the customer walking in the store. This marketing tool allows businesses the opportunity to promote a special within the store. To respond reply to this email and include your name; name of your business and the business address; and why you are of the opinion that the board will enhance their business. The petition is below. I will include your reply e-mail as your signature. The Chamber thanks you for your support. PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIGNATURE Title Company Statewide Title Solutions 625 S Missouri Ave Donna Doyle #501845 v1 - GACSandwichBoard Petition Kathleen Peters Vice President Public Affairs Clearwater Regional Chamber of Commerce Forward email Email Marketing by ® SafeUnsubscribe 0 This email was sent to ddoyle@swtitle.org by kpetersCalclearwaterflorida.oro. Update Profile/Email Address I Instant removal with SafeUnsubscribe TIM I Privacy Policy. Conft#Ca#*3ct* TRY IT FREE Clearwater Regional Chamber of Commerce 1 401 Cleveland Street I Clearwater I FL 1 33755 Item # 43 9/16/2009 A,tt?acgQ110 t r?upiber 1 Kathleen Peters From: Elaine Nurse [ENurse@zomusa.com] Sent: Wednesday, September 16, 2009 1:50 PM To: Kathleen Peters Subject: RE: Government Affairs Sandwich Board Petition Due to the fact that my business is not visible from US 19/Seville Blvd, a sandwich sign is a great and much needed marketing tool to capture drive by traffic. We constantly have our customers tell us they have lived in Clearwater for years and never knew we were back here. In addition, roadwork will begin by the first of the year to widen and elevate US 19. The advantage of traffic stopping and being able to see our signage at the current intersection will no longer exist. This will directly impact my business as drive by traffic will now be passing above Seville Blvd. The City must recognize the dilemma many of our businesses are facing due to the economy and support our request to allow additional signage in order to survive. Thank you, Elaine Nurse, CZP Property Director Bayside Arbors 2729 Seville Blvd Clearwater, FL 33764 Tel: 727.797.5073 Fax: 727.797.4738 E-Mail: ENursekzomusa.com Website: www.bUsidearbors.com From: Kathleen Peters [kpeters@clearwaterflorida.org] Sent: Wednesday, September 16, 2009 11:40 AM To: Elaine Nurse Subject: Government Affairs Sandwich Board Petition Government Affairs Committee Immediate Attention Required--Please Respond today to Kathleen Peters at kpeters@clearwaterflorida.org if you want to sign the petition requesting the City of Clearwater to allow the use of "sandwich Board" signs throughout the City of Clearwater and not be restricted to only the Downtown and Beach Districts. Item # 43 9/16/2009 Attach@mgnt r? yber 1 Please sign our petition that will be presented to the Clearwater City Council at 6:OOPM Thursday, September 17. Council will be considering proposed recommendations by the Clearwater Chamber's Government Affairs Committee that they expand the allowance for use of "sandwich board" type signs for businesses throughout the City and not restrict their use to only Downtown and the Beach. The Clearwater Chamber believes "WHAT IS GOOD FOR BUSINESS IS GOOD FOR CLEARWATER" This is a statement that all of us, business persons, city staff and the Council must buy into. We feel that sandwich boards located adjacent to the business building allows for increased marketing opportunities designed specifically to the pedestrian traffic and/or the customer walking in the store. This marketing tool allows businesses the opportunity to promote a special within the store. To respond reply to this email and include your name; name of your business and the business address; and why you are of the opinion that the board will enhance their business. The petition is below. I will include your reply e-mail as your signature. The Chamber thanks you for your support. PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIGNATURE #501845 v1 - GACSandwichBoard Petition Kathleen Peters Vice President Public Affairs Clearwater Regional Chamber of Commerce Forward email Email Marketing by ® SafeUnsubscribe@ This email was sent to baysidemgr@zomusa.com by kpeters(c clearwaterflorida.ora. Update Profile/Email Address i Instant removal with SafeUnsubscribeTM i Privacy Policy. Cws=Contt7ct'' TRY IT FREE Clearwater Regional Chamber of Commerce i 401 Cleveland Street i Clearwater I FL 1 33755 Item # 43 9/16/2009 r-_VQ231A48ptA L ber 1 Kathleen Peters From: Linda Levitan [Ilevitan@sign-age.com] Sent: Wednesday, September 16, 2009 11:48 AM To: Kathleen Peters Subject: RE: Government Affairs Sandwich Board Petition From: Kathleen Peters [mailto:kpeters@clearwaterflorida.org] Sent: Wednesday, September 16, 2009 11:40 AM To: Linda Levitan Subject: Government Affairs Sandwich Board Petition Government Affairs Committee CLEARWATER it- Regional Chamber of Commerce The Premier Voice of Business Immediate Attention Required--Please Respond today to Kathleen Peters at kpeters@clearwaterflorida.org if you want to sign the petition requesting the City of Clearwater to allow the use of "sandwich Board" signs throughout the City of Clearwater and not be restricted to only the Downtown and Beach Districts. Please sign our petition that will be presented to the Clearwater City Council at 6:OOPM Thursday, September 17. Council will be considering proposed recommendations by the Clearwater Chamber's Government Affairs Committee that they expand the allowance for use of "sandwich board" type signs for businesses throughout the City and not restrict their use to only Downtown and the Beach. The Clearwater Chamber believes "WHAT IS GOOD FOR BUSINESS IS GOOD FOR CLEARWATER" This is a statement that all of us, business persons, city staff and the Council must buy into. We feel that sandwich boards located adjacent to the business building allows for increased marketing opportunities designed specifically to the pedestrian traffic and/or the customer walking in the store. This marketing tool allows businesses the opportunity to promote a special within the store. To respond reply to this email and include your name; name of your business and the business address; and why you are of the opinion that the board will enhance their business. The petition is below. I will include your reply e-mail as your signature. The Chamber thanks you for your support. PETITION TO THE CLEARWATER CITY COUNCIL Item # 43 9/16/2009 rta?chmgnt r?uy?nber 1 REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIGNATURE Linda Levitan Sign-Age 16036 US 19 N, Clwtr Fl 33764 Linda G. Levitan Customers are upset when they realize they can't affordablly advertise with Sandwich board Signs. Small business is always on a budget and with this economy, many are suffering. This type of advertisement brings business in the door without a major advertising investment. Further, they don't understand why beaches and downtown is allowed to advertise just because of their location. Any location in the City of Clearwater #501845 v1 - GACSandwichBoard Petition Kathleen Peters Vice President Public Affairs Clearwater Regional Chamber of Commerce Forward email Email Marketing by ® SafeUnsubscribe@ This email was sent to Ilevitan@sign-age.com by kpetersCubclearwaterflorida.ora. Update Profile/Email Address I Instant removal with SafeUnsubscribeTM I Privacy Policy. conswGwance TRY IT FREE Clearwater Regional Chamber of Commerce 1 401 Cleveland Street I Clearwater I FL 1 33755 Item # 43 9/16/2009 _.40,, ou nber 1 Apttachment afl5 2 88GG Kathleen Peters From: John Stockhausen Sr. [john@mdcgroupinc.com] Sent: Wednesday, September 16, 2009 11:50 AM To: Kathleen Peters Subject: RE: Government Affairs Sandwich Board Petition From: Kathleen Peters [ma i Ito: kpeters@clea rwaterflorida.org] Sent: Wednesday, September 16, 2009 11:41 AM To: orders@mdcgroupinc.com Subject: Government Affairs Sandwich Board Petition Government Affairs Committee CLEARWATER Regional Chamber of Commerce Phe Premier Voice Of Business Immediate Attention Required--Please Respond today to Kathleen Peters at kpeters@clearwaterflorida.org if you want to sign the petition requesting the City of Clearwater to allow the use of "sandwich Board" signs throughout the City of Clearwater and not be restricted to only the Downtown and Beach Districts. Please sign our petition that will be presented to the Clearwater City Council at 6:OOPM Thursday, September 17. Council will be considering proposed recommendations by the Clearwater Chamber's Government Affairs Committee that they expand the allowance for use of "sandwich board" type signs for businesses throughout the City and not restrict their use to only Downtown and the Beach. The Clearwater Chamber believes "WHAT IS GOOD FOR BUSINESS IS GOOD FOR CLEARWATER" This is a statement that all of us, business persons, city staff and the Council must buy into. We feel that sandwich boards located adjacent to the business building allows for increased marketing opportunities designed specifically to the pedestrian traffic and/or the customer walking in the store. This marketing tool allows businesses the opportunity to promote a special within the store. To respond reply to this email and include your name; name of your business and the business address; and why you are of the opinion that the board will enhance their business. The petition is below. I will include your reply e-mail as your signature. The Chamber thanks you for your support. PETITION TO THE CLEARWATER CITY COUNCIL Item # 43 9/16/2009 q#t h?rrwr pkz 1 REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIGNATURE Marketing MDC Group, Inc.; 29399 US Highway 19 N, Suite 270 - John Stockhausen #501845 v1 - GACSandwichBoard Petition Kathleen Peters Vice President Public Affairs Clearwater Regional Chamber of Commerce Forward email Email Marketing by ® SafeUnsubscribe This email was sent to orders@mdcgroupinc.com by koeters(a)clearwaterflorida.orci. _ .° Update Profile/Email Address I Instant removal with SafeUnsubscribe TIM I Privacy Policy. ConskW 'lwe TRY IT FREE Clearwater Regional Chamber of Commerce 1 401 Cleveland Street I Clearwater I FL 1 33755 Item # 43 9/16/2009 P Ven Tber 1 Kathleen Peters From: Ron Flurnoy [ron@creativedesignteam.com] Sent: Wednesday, September 16, 2009 12:17 PM To: Kathleen Peters Subject: Fw: Government Affairs Sandwich Board Petition Original Message------- From: Kellie(a?-creativedesignteam.com Date: 9/16/2009 12:10:07 PM To: ron(cD-creativedesignteam.com Subject: Fw: Government Affairs Sandwich Board Petition -------Original Message------- From: Kathleen Peters Date: 09/16/09 11:41:23 To: kellie@creativedesignteam.com Subject: Government Affairs Sandwich Board Petition Government Affairs Committee CLEARWATER Regional Chamber of Commerce = The Premier Voice of Business mar/ Immediate Attention Required--Please Respond today to Kathleen Peters at kpeters@clearwaterflorida.org if you want to sign the petition requesting the City of Clearwater to allow the use of "sandwich Board" signs throughout the City of Clearwater and not be restricted to only the Downtown and Beach Districts. Please sign our petition that will be presented to the Clearwater City Council at 6:OOPM Thursday, September 17. Council will be considering proposed recommendations by the Clearwater Chamber's Government Affairs Committee that they expand the allowance for use of "sandwich board" type signs for businesses throughout the City and not restrict their use to only Downtown and the Beach. The Clearwater Chamber believes "WHAT IS GOOD FOR BUSINESS IS GOOD FOR CLEARWATER" This is a statement that all of us, business persons, city staff and the Council must buy Item # 43 9/16/2009 ftkrr7o nber 1 into. We feel that sandwich boards located adjacent to the business building allows for increased marketing opportunities designed specifically to the pedestrian traffic and/or the customer walking in the store. This marketing tool allows businesses the opportunity to promote a special within the store. To respond reply to this email and include your name; name of your business and the business address; and why you are of the opinion that the board will enhance their business. The petition is below. I will include your reply e-mail as your signature. The Chamber thanks you for your support. PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIGNATURE Motel Camelot Resort 603 Mandalay Ave. oTvFLar ay Pres. #501845 v1 - GACSandwichBoard Petition Kathleen Peters Vice President Public Affairs Clearwater Regional Chamber of Commerce Forward email Email Marketing by ® SafeUnsubscribe'D This email was sent to kellie@creativedesignteam.com by kpeters(a clearwaterflorida.org. Update Profile/Email Address I Instant removal with SafeUnsubscribeTM I Privacy Policy. TRY IT FREE Clearwater Regional Chamber of Commerce 1 401 Cleveland Street I Clearwater I FL 1 33755 Item # 43 9/16/2009 Attachment 'ber 1 ??oo Kathleen Peters From: Dr. Milnes [drmilnes@activefl.com] Sent: Wednesday, September 16, 2009 12:42 PM To: Kathleen Peters Subject: Re: Government Affairs Sandwich Board Petition Marcus Milnes- Active Chiropractic & Rehabilitation- 2551 Drew Street Suite 207 Clearwater, FL 33765 I regularly use a sandwich board to list our included insurance plans. Thank you. -----Original Message----- From: "Kathleen Peters" <kpeters@clearwaterflorida.org> Sent 9/16/2009 10:40:18 AM To: drmilnes@activefl.com Subject: Government Affairs Sandwich Board Petition Government Affairs Committee CLEARWATER 0-t- Regional Chamber of Commerce The Premier Voice of Business Immediate Attention Required--Please Respond today to Kathleen Peters at kpeters@clearwaterflorida.org if you want to sign the petition requesting the City of Clearwater to allow the use of "sandwich Board" signs throughout the City of Clearwater and not be restricted to only the Downtown and Beach Districts. Please sign our petition that will be presented to the Clearwater City Council at 6:OOPM Thursday, September 17. Council will be considering proposed recommendations by the Clearwater Chamber's Government Affairs Committee that they expand the allowance for use of "sandwich board" type signs for businesses throughout the City and not restrict their use to only Downtown and the Beach. The Clearwater Chamber believes "WHAT IS GOOD FOR BUSINESS IS GOOD FOR CLEARWATER" This is a statement that all of us, business persons, city staff and the Council must buy into. We feel that sandwich boards located adjacent to the business building allows for increased marketing opportunities designed specifically to the pedestrian traffic and/or the customer walking in the store. This marketing tool allows businesses the opportunity to promote a special within the store. To respond reply to this email and include your name; name of your business and the Item # 43 9/16/2009 Qtt zc pgriber 1 038z_ business address; and why you are of the opinion that the board will enhance their business. The petition is below. I will include your reply e-mail as your signature. The Chamber thanks you for your support. PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIGNATURE #501845 v1 - GACSandwichBoardPetition Kathleen Peters Vice President Public Affairs Clearwater Regional Chamber of Commerce Forward email Email Marketing by ® SafeLlnsubscribe This email was sent to drmilnes@activefl.com by ki)etersCO)clearwaterflorida.ora. Uodate Profile/Email Address I Instant removal with SafeUnsubscribeTM I Privacy Policy. TRY IT FREE Clearwater Regional Chamber of Commerce 1 401 Cleveland Street I Clearwater I FL 1 33755 Item # 43 9/16/2009 Attachment number 1 FRaga1 btcf 1 Kathleen Peters From: Bettina Pope [bettinap@delphifl.org] Sent: Wednesday, September 16, 2009 3:42 PM To: Kathleen Peters Subject: sandwich boards Dear Ms. Peters, Hello! I am one of the executives of the Delphi Academy of Florida non-profit private school on Drew Street in Clearwater. I wanted to let you know that we would really like to be able to use sandwich boards for various events and promotion for our school. We don't put them out very often, but they really help get people into our school, which helps our expansion and with that, the economy of the City of Clearwater. I hope that you will consider this request. Thank you very much. Sincerely, Bettina Pope Executive Division Secretary Delphi Academy of Florida Item # 43 9/17/2009 Attachment number 1 PRN94 tlfff2 Kathleen Peters From: jim.watrous@regions.com Sent: Wednesday, September 16, 2009 4:43 PM To: Kathleen Peters Cc: cindy.mcgarrigle@regions.com Subject: Re: Government Affairs Sandwich Board Petition Jim Watrous, Regions Bank, 715 S. Ft. Harrison Ave. and other Clearwater branch locations. We would consider using sandwich board to enhance our traffic flow and customer awareness, in specific situations. An example would be Saturday Banking and new branch openings. Jim Watrous Regions Private Banking 727-469-4548 Cell: 727-288-7182 Kathleen Peters <kpeters@clearwaterflorida.org> 09/16/2009 11:40 AM 11Please respond to kpete rs@ clearwaterflo rid.. org To jim.watrous@regions.com cc Subject Government Affairs Sandwich Board Petition Government Affairs Committee xi economicforcast Immediate Attention Required--Please Respond today to Kathleen Peters at kpeters@clearwaterflorida.org if you want to sign the petition requesting the City of Clearwater to allow the use of "sandwich Board" signs throughout the City of Clearwater and not be restricted to only the Downtown and Beach Districts. Please sign our petition that will be presented to the Clearwater City Council at 6:OOPM Thursday, September 17. Council will be considering proposed recommendations by the Clearwater Chamber's Government Affairs Committee that they expand the allowance for use of "sandwich board" type signs for businesses throughout the City and not restrict their use to only Downtown and the Beach. The Clearwater Chamber believes "WHAT IS GOOD FOR BUSINESS IS GOOD FOR CLEARWATER" This is a statement that all of us, business persons, city staff and the Council must buy into. We feel that sandwich boards located adjacent to the business building allows for increased marketing opportunities designed specifically to the pedestrian traffic and/or the customer walking in the store. This marketing tool allows businesses the opportunity to promote a special within the store. Item # 43 9/17/2009 Attachment nVmber 1 Please read this! City information! PBS bf© 2 From: Alison OGrady <aogrady@clearwaterflorida.org> To: lindamorf@aol.com; rgroover@buffalowildwings.com; sadams@icecoldair.net; mfernandez@bellaterraonthebay.com; bwalle@bost.com; greektownevents@yahoo.com; fl259@ediblearrangements.com; email@lacachetteflorida.com; holly.hersey@superiorbank.com; info@gregscycles.com Subject: Please read this! City information! Date: Wed, Sep 16, 2009 2:04 pm We as your Chamber, are very concerned about promoting business. YOUR BUSINESS! Please look at this petition regarding "sandwich board" signs that will be presented tomorrow night to the City!!!!!!!!!!!!! Government Affairs Committee CLEARWATER Regional Chamber If kAM af cofflvcfee Immediate Attention Required--Please Respond today to Kathleen Peters at Deters clearwaterflorida.org_ if you want to sign the petition requesting the City of Clearwater to allow the use of "sandwich Board" signs throughout the City of Clearwater and not be restricted to only the Downtown and Beach Districts. Please sign our petition that will be presented to the Clearwater City Council at 6:OOPM Thursday, September 17. Council will be considering proposed recommendations by the Clearwater Chamber's Government Affairs Committee that they expand the allowance for use of "sandwich board" type signs for businesses throughout the City and not restrict their use to only Downtown and the Beach. The Clearwater Chamber believes "WHAT IS GOOD FOR BUSINESS IS GOOD FOR CLEARWATER" This is a statement that all of us, business persons, city staff and the Council must buy into. We feel that sandwich boards located adjacent to the business building allows for increased marketing opportunities designed specifically to the pedestrian traffic and/or the customer walking in the store. This marketing tool allows businesses the opportunity to promote a special within the store. To respond reply to this email and include your name; name of your business and the business address; and why you are of the opinion that the board will enhance their business. The petition is below. I will include your reply e-mail as your signature. The Chamber thanks you for your support. PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the Item # 43 ?,++„•ii.,,At,,,,a;? ant i-nm/)52(174/nr,l/.n-rnc/mail/PrlntMessage.asnx 9/16/2009 Please read this! City information! City Council approve the use of sandwich boards throughout the City of Clearwater. Attachment number 1 Ppage 1fo 2 BUSINESS NAME BUSINESSp ADDRESS SIGNATURE #501845 v1 - GACSandwichBoardPetition Kathleen Peters Vice President Public Affairs Clearwater Regional Chamber of Commerce Alison Alison J. O'Grady Membership and Advertising Consultant Clearwater Regional Chamber of Commerce 401 Cleveland Street Clearwater, Florida 33755-4004 727.461.0011 ext. 226 413-374-5754 cell aogradyn clearwaterflorida.org www.clearwaterflorida.org kxrkuE?- Item # 43 t,++,.•//==rnhma;t and rnm/7R(17d/anUan_nclmaiUPYtnf?/TP.RCA?P, aG1X 9/16/2009 Attachment umber 1 a5loct2 Kathleen Peters From: Art Shand [cfci07@yahoo.com] Sent: Thursday, September 17, 2009 7:56 AM To: Kathleen Peters Subject: RE: Government Affairs Sandwich Board Petition Sorry Kathleen. I just saw this. I give you my proxy on this issue. Art From: Kathleen Peters [mailto:kpeters@clearwaterflorida.org] Sent: Wednesday, September 16, 2009 11:41 AM To: shand@sostrategy.com Subject: Government Affairs Sandwich Board Petition Government Affairs Committee Immediate Attention Required--Please Respond today to Kathleen Peters at kpeters@clearwaterflorida.org if you want to sign the petition requesting the City of Clearwater to allow the use of "sandwich Board" signs throughout the City of Clearwater and not be restricted to only the Downtown and Beach Districts. Please sign our petition that will be presented to the Clearwater City Council at 6:OOPM Thursday, September 17. Council will be considering proposed recommendations by the Clearwater Chamber's Government Affairs Committee that they expand the allowance for use of "sandwich board" type signs for businesses throughout the City and not restrict their use to only Downtown and the Beach. The Clearwater Chamber believes "WHAT IS GOOD FOR BUSINESS IS GOOD FOR CLEARWATER" This is a statement that all of us, business persons, city staff and the Council must buy into. We feel that sandwich boards located adjacent to the business building allows for increased marketing opportunities designed specifically to the pedestrian traffic and/or the customer walking in the store. This marketing tool allows businesses the opportunity to promote a special within the store. To respond reply to this email and include your name; name of your business and the business address; and why you are of the opinion that the board will enhance their business. The petition is below. I will include your reply e-mail as your signature. The Chamber thanks you for your support. Item # 43 9/17/2009 F?ta?,,Ant WTber 1 PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIGNATURE #501845 v1 - GACSandwichBoard Petition Kathleen Peters Vice President Public Affairs Clearwater Regional Chamber of Commerce This email was sent to shand@sostrategy.com by koeters anclearwaterflorida.ora. L Update Profile/Email Address I Instant removal with SafeUnsubscribeT"' i Privacy Policy. Clearwater Regional Chamber of Commerce 1 401 Cleveland Street I Clearwater I FL 1 33755 Item # 43 9/17/2009 Attachment number 1 Pagd7lob*2 Kathleen Peters From: Carol Williams [incrediblegifts@gmail.com] Sent: Thursday, September 17, 2009 3:45 PM To: Kathleen Peters Subject: Re: Government Affairs Sandwich Board Petition Carol J. Kirton and Rowland Milam Owners Incredible Edibles 721 Lakeview Rd Clearwater, FL 33756 ----- Original Message ----- From: Kathleen Peters To: incredible4ifts(a.gmail. corn Sent: Wednesday, September 16, 2009 11:40 AM Subject: Government Affairs Sandwich Board Petition Government Affairs Committee CLEARWATER Regional Chamber of Commerce = The Premier Voice of Business Immediate Attention Required--Please Respond today to Kathleen Peters at kpeters@clearwaterflorida.org if you want to sign the petition requesting the City of Clearwater to allow the use of "sandwich Board" signs throughout the City of Clearwater and not be restricted to only the Downtown and Beach Districts. Please sign our petition that will be presented to the Clearwater City Council at 6:OOPM Thursday, September 17. Council will be considering proposed recommendations by the Clearwater Chamber's Government Affairs Committee that they expand the allowance for use of "sandwich board" type signs for businesses throughout the City and not restrict their use to only Downtown and the Beach. The Clearwater Chamber believes "WHAT IS GOOD FOR BUSINESS IS GOOD FOR CLEARWATER" This is a statement that all of us, business persons, city staff and the Council must buy into. We feel that sandwich boards located adjacent to the business building allows for increased marketing opportunities designed specifically to the pedestrian traffic and/or the customer walking in the store. This marketing tool allows businesses the opportunity to promote a special within the store. To respond reply to this email and include your name; name of your business and the business address; and why you are of the opinion that the board will enhance their business. The petition is below. I will include your reply e-mail as your signature. Item # 43 9/17/2009 Attachment number 1 FP g982?f6V 2 The Chamber thanks you for your support. PETITION TO THE CLEARWATER CITY COUNCIL REGARDING THE NEED FOR SANDWICH BOARDS I am the owner or manager of a business licensed and located within the city limits of Clearwater. I use or would like to use sandwich boards to enhance my business. I request the City Council approve the use of sandwich boards throughout the City of Clearwater. BUSINESS NAME BUSINESS ADDRESS SIGNATURE #501845 v1 - GACSandwichBoardPetition Kathleen Peters Vice President Public Affairs Clearwater Regional Chamber of Commerce Forward email Email Marketing by © SafeUnsubscribe@ This email was sent to incrediblegifts@gmail.com by koeters@clearwaterflorida.org. -i ` Update Profile/Email Address I Instant removal with SafeUnsubscribeTM I Privacy Policy. Consw nba' TRY IT FREE Clearwater Regional Chamber of Commerce 1 401 Cleveland Street I Clearwater I FL 1 33755 Item # 43 9/17/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Side Setbacks for Docks SUMMARY: Meeting Date:9/17/2009 Review Approval: 1) Clerk Cover Memo Item # 44 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Efficiency Reviews of Fire and Parks & Recreation - Gibson SUMMARY: Meeting Date:9/17/2009 Review Approval: 1) Clerk Cover Memo Item # 45 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Hotel Density SUMMARY: Meeting Date:9/17/2009 Review Approval: 1) Clerk Cover Memo Item # 46 Attachment number 1 Page 1 of 1 Ownership Parcels and Sizes on South Beach n J 1 Kiran Grand- 2.75 Acres 2 Holiday Inn-0.72Acres 3 City Property-0.43 Acres 4 Hyatt Aqualea-1.58 Acres 5 Parking Structure-0.9 Acres 6A Tropicana Resort-Hotel A-1.10 Acres 613 Tropicana Resort-Hotel B-0.8 Acres 7 Lucca Devlopment-2.38 Acres 8 Tas Property-0.35 Acres 9 Dorothy Boldog-0.30 Acres ®® 10 Fifth South-1.3 Acres l 11 Alanik Property-1.17 Acres T? 113 I 101 2 3 1 z 101 )NO 16 12 Gunder Zimmerman-0.3 Acres 13 Sea Captain-0.84 Acres 14 Christina Tracey-0.12 Acres 15 Janina Mazur-0.36 Acres 16 Anka and Mirko Rudman-0.44 Acres 17 Kenneth and Linda Christman-0.36 Acres 18 K and P Clearwater Estate 11-0.46 Acres 19 David Little-0.15 Acres 20 Michael Preston-0.14 Acres 21 Weronika and Alojzy Giadla-0.31 Acres 22 Robert and Teresa Malke-0.22 Acres 23 Robert and Gievanni Kozik-0.15 Acres 24 Mary Harey Revocable Trust-0.15 Acres 25 Dora and George Kailas-0.15 Acres 26 RTV Properties Inc-0.15 Acres 27 Wlodzimier Szlechta and Ewa Kunowska-0. )6Ac:res 28 Canterbury Oaks Inc-0.61 Acres 29 Nikana Holdings LLC-0.16 Acres 30 Safronas Family Revocable Trust-0.41 A es 31 Joan and Michael Frangedis-0.14 Acr 32 Pelican Point on Clearwater Beach-0 80 Acres 33 Divaco Inc-0.77 Acres 34 Louis Damico-0.15 Acres 35 Edward and Stanislawa Kenig-0.25 Acre (= 36 Edward and Bozena Czaicki-0.22 Acres \ - - -- 150 300 600 900 1,200 N Ei_ Feet Clearwater Greaten by the Gity of Clearwater Planning Department September 16, 2009 Item # 46 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Meeting Date:9/17/2009 Review Approval: 1) Clerk Cover Memo Item # 47