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10/22/2009 - City Council Agenda Location: Council Chambers - City Hall Date: 10/22/2009- 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 Presentation of certificate to Mayor by Sons of the American Revolution for the City's displaying of American flag. George Pratt, SAR Vice President; Nelson Jensen, and David Kitchen. Attachments 4.3 Introduction of Mr. Ito, Exchange Teacher from Nagano - Elizabeth Minor, Cultural Affairs Attachments 4.4 Brian Aungst and Frank Chivas Thank You to Council for SuperBoat Festival Participation Attachments 4.5 Week of the Family Proclamation Attachments 4.6 October is Arts and Humanities Month in Clearwater Proclamation Attachments 4.7 November is United Way Month Proclamation - Chuck Warrington, Laura Cameron, Lisa Perkins, & Robin Gomez Attachments 4.8 Natural Gas Marketing Person of the Year - Awarded to Lupita Newell. Presentation given by Chuck Warrington, Managing Director - Clearwater Gas System. Attachments 5. Approval of Minutes 5.1 Approve the minutes of the October 1, 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 amendments to the Community Development Code establishing outdoor automobile, boat, and recreational vehicle shows as an allowable temporary use and setting forth standards for such new use, amend the ordinance on first reading and pass Ordinance 8098-09 as amended on first reading. (TA2009- 08008) Attachments 7.2 Approve the vacation of the east 5-feet of the 10-foot drainage easement lying east of and adjacent to the west property line of Lot 5, Block "V", Hibiscus Gardens, (a.k.a. 1221 Turner St.), and pass Ordinance 8120-09 on first reading, (VAC2009-05 Kirkland,Jr., Trustee), 2 Attachments 7.3 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 7.4 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 1408 Citrus Street (The east 30 feet of Lot 20 and Lot 21, Block D Sunny Park Groves in Section 23, Township 29 South, Range 15 East) and Pass Ordinances 8110-09, 8111-09 and 8112-09 on first reading. (ANX2009-07012) Attachments 7.5 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1876 Sylvan Drive (Lot 16, Bock "A" Harbor Vista in Section 3, Township 29 South, Range 15 East); and Pass Ordinances 8113-09, 8114-09 and 8115-09 on first reading. (ANX2009-07013) Attachments 8. Second Readings - Public Hearing 8.1 Continue to November 5, 2009 second Reading of Ordinances 8093-09, 8094-09, 8095-09 - ANX2009- 07011 1923 N Betty Lane Attachments 8.2 Adopt Ordinance 8084-09 on second reading, 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. Attachments 8.3 Adopt Ordinance 8102-09 on second reading, amending the operating budget for the Fiscal Year ending September 30, 2009 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, 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. Attachments 8.4 Adopt Ordinance 8103-09 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2009 to reflect a net decrease of $4,432,444. B Attachments 8.5 Adopt Ordinance 8105-09 on second reading, amending the Code of Ordinances, Appendix A, Subject XI, Parks, Beaches, Recreation to modify the definition of family and providing additional criteria to establish the class of city residents for the purpose of applying fees. B Attachments 8.6 Adopt Ordinance 8106-09 on second reading, rescinding Sections 32.272(4) and 32.288 of Ordinance No. 8025-09. Attachments City Manager Reports 9. Consent Agenda 9.1 Approve contract with Northeast II, Inc., DBS TC Specialties of Tampa, FL, in the amount of $470,000 for utility bill printing and mailing and for mail processing services and postage for the City of Clearwater from November 1, 2009 through October 31, 2010, and authorize the appropriate officials to execute same (consent). Attachments 9.2 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in the amount of $436,380.00 for the purchase of one (1) new Pierce Heavy Duty Velocity Pumper in accordance with Sec. 2.564 - (1)(b)and(e), Code of Ordinances, Exceptions to Bid and authorize the appropriate officials to execute same. (consent) Attachments 9.3 Award a contract to Arbitrage Compliance Specialists, Inc., of Centennial, Colorado, for arbitrage consulting services for a not-to-exceed amount of $50,000 for the five year period ending September 30, 2014 and authorize the appropriate officials to execute same. (consent) Attachments 9.4 Ratify and confirm Grant Agreement between the U.S. Department of Transportation and the City of Clearwater. (consent) Attachments 9.5 Award a contract (purchase order) to Sprint/Nextel, Los Angeles, California for cellular/radio, Treo and Blackberry services for the period November 2009 through October 2010 in an amount not to exceed $286,000 in accordance with the best response to RFP 28-09 for wireless communication servicesand authorize the appropriate officials to execute same. (consent) Attachments 9.6 Award a contract (purchase order)to Kenworth of Central Florida of Orlando, FL in the amount $297,398.00 for the purchase of two Kenworth T800 with Galbreath Roll-Off Hoist in accordance with Sec 2.564(1)(d), Code of Ordinances - other governmental bid, authorize lease purchase under the City's master lease purchase agreement and authorize the appropriate officials to execute same. (consent) Attachments 9.7 Approve a contract (Purchase Order)to Rush Truck Center of Tampa, FL for the purchase of four (4) Peterbilt Model 320 chassis with 29 yard Labrie Automatic Side Loader body at a cost of $896,352.00 in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize appropriate officials to execute same. (consent) Attachments 9.8 Ratify and Confirm the City Manager's acceptance to receive proceeds from the U.S. Department of Energy Block Grant Award Number DE-SC0002363 in the amount of $1,075,400.00 for several projects within the City, Approve a first quarter budget amendment to establish a budget for this grant in projects 181-99856 in the amount of $18,000 for LEED Training and Certification, 181-99857 in the amount of $244,000 for Electronic Plan Submittal and Review, 181-99858 in the amount of $350,000 for Clearwater Energy Efficiency, Conservation and Mobility Strategies, 181-99859 in the amount of $463,400 for Energy Efficiency Retrofits in City Facilities for a grand total of $1,075,400, and authorize the appropriate officials to execute same. (consent) Attachments 9.9 Award contract (purchase order) to SPER Chemical in the amount of $556,500.00 for FYs 2010 - 2012 for corrosion control (polyphosphate) chemical at water plants and authorize the appropriate officials to execute same. (consent) Attachments 9.10 Approve a one-year extension, at no increase in cost, to an existing contract (purchase order) with ITT Water and Wastewater U.S.A., Inc., of Tampa, Florida for Flygt Pumps, replacement parts and factory authorized service and authorize the appropriate officials to execute same. (consent) Attachments 9.11 Award two (2) new Purchase Orders (Contracts) for the period October 23, 2009, through September 30, 2010, to Odyssey Manufacturing Company, of Tampa Florida, for a total value of $324,762.69, for Liquid Sodium Hypochlorite for the Water Division and the Water Pollution Control Division and authorize the appropriate officials to execute same. (consent) Attachments 9.12 Approve the Alligator Creek Watershed Management Plan Phase 1 Work Order between the City and Jones Edmunds Associates, Inc. (Engineer of Record) in the amount of $400,000.00 and authorize the appropriate officials to execute same. (consent) Attachments 9.13 Approve the Alligator Creek Watershed Management Plan Phase 1(N097) cooperative funding agreement in the amount of $200,000 between the City and Southwest Florida Water Management District (SWFWMD) and authorize the appropriate officials to execute same. (consent) Attachments 9.14 Award Construction contract for the Bayfront Upland Improvements Project (07-0045-MA) to BRW Contracting Inc., in the amount of $456,009.66 and an additional $27,500 for Alternate Bid Item 81 for a total contract value of $483,509.66 and authorize the appropriate officials to execute same. (consent) Attachments 9.15 Approve the Declaration of the Tampa Bay Nitrogen Management Consortium (NMC) to implement the 2009 Tampa Bay Reasonable Assurance Addendum and authorize appropriate officials to execute same. (consent) Attachments 9.16 Approve a Work Order in the amount of $271,690 to Cardno TBE, an Engineer-of-Record for the City of Clearwater, to provide Construction Engineering and Inspection (CEI) services for the relocation of the City's water, sewer and reclaimed water facilities that are in conflict with the reconstruction of US 19 from Whitney Road to north of Gulf to Bay Blvd, (SR 60 and authorize the appropriate officials to execute same. (consent) Attachments 9.17 Award a contract to Suncoast Development of Pinellas County, Inc. of Odessa, Florida in the amount of $1,212,827.00 for construction of the Water Treatment Plants 1 and 3 Wellfield Expansion Project Phase 11 - Raw Water Mains (project number 07-0037-UT), which is the lowest responsible bid received in accordance with the plans and specifications for this project and authorize the appropriate officials to execute same. (consent) Attachments 9.18 Appoint Kurt B. Hinrichs to the Municipal Code Enforcement Board with the term to expire October 31, 2012. Attachments 9.19 Authorize a civil action on behalf of the City against Florida Power Corporation, and Florida Power Corporation d/b/a Progress Energy Florida, Inc., to seek to recover costs and expenses incurred during the construction of improvements on the Cleveland Street Streetscape Project and authorize a separate civil action on behalf of the City against Florida Power Corporation, and Florida Power Corporation d/b/a Progress Energy Florida, Inc., to seek to recover costs and expenses incurred during the construction of improvements on the Beach Walk - Coronado Drive project. (consent) Attachments 10. Other Items on City Manager Reports 10.1 Establish the intent to reimburse certain Water and Sewer project costs incurred with proceeds of future tax-exempt financing and adopt Resolution 09-42. Attachments 10.2 Approve the collective bargaining agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Officers for Fiscal Years 2009/10, 2010/11, and 2011/12 and authorize the appropriate officials to execute same. Attachments 10.3 Authorize the negotiation of a contract with CIGNA HealthCare for medical insurance under a fully insured funding arrangement for the contract period of January 1, 2010, to December 31, 2011, at a total cost not to exceed $16,000,000 dependant on the funding strategy as determined by the City Council. 19 Attachments 10.4 Approve LAP Agreement Supplement One for the East Avenue Trail Connection, decreasing the total amount to $313,596.00, to reflect the actual bid amount plus additional funding provided by FDOT for CEI and Materials Testing and adopt Resolution 09-40. Attachments 10.5 Dedicate a 4,313 square foot, more or less, parcel of land lying within Lots 17, 24 and 25 of the plat of PINELLAS GROVES, as recorded in Plat Book 1, Page 55 of Pinellas County Official Records, as public right-of-way, adopt Resolution 09-43 and authorize appropriate officials to execute same. Attachments 10.6 Authorize appropriate City of Clearwater officials to sign applications for Florida Department of Transportation permits and adopt Resolution 09-44. AttnchmPntc Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 City Manager Verbal Reports Attachments 12. Council Discussion Items 12.1 City Attorney Evaluation Attachments 12.2 City Manager Evaluation Attachments 13. Other Council Action 13.1 Other Council Action Attachments 14. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Susan Doel Ian Cameron Michael Williams Daniel O'Brien Barry Balmer Eric Eisenhardt George Phillips Todd Turpack Bruce Hayes 10 Years of Service Gerard DeVivo Shawn Taber Absolom Young Andrew Hawkins Matthew Daerr Steven Smith Patricia Post Julie Wyckoff A. Scott Kurleman Louis Pirman Richard Zeron 15 Years of Service Lynn Hastings Pamela Akin Carmen Heidt Georgina Ata Kelly O'Brien Kent Walker Margarita Lyons Billy McKeever Daniel Devol Michael Cieslak Stephen Reid 20 Years of Service Sabrina Chute 25 Years of Service Theron Johnson Tina Wilson 35 Years of Service Marietta Cooper Library Police Police Police Police Police Police Police Public Utilities Fire Fire Fire Fire Fire Fire Finance Library Planning Gas Solid Waste Human Resources Legal Library Library Police Library Library Parks & Recreation Police Police Engineering Information Technology Solid Waste Budget Police Meeting Date: 10/22/2009 Cover Memo Item # 1 Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall Meeting Date: 10/22/2009 SUBJECT / RECOMMENDATION: Presentation of certificate to Mayor by Sons of the American Revolution for the City's displaying of American flag. George Pratt, SAR Vice President; Nelson Jensen, and David Kitchen. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Introduction of Mr. Ito, Exchange Teacher from Nagano - Elizabeth Minor, Cultural Affairs SUMMARY: Meeting Date: 10/22/2009 Review Approval: 1) Clerk Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Brian Aungst and Frank Chivas Thank You to Council for SuperBoat Festival Participation SUMMARY: Meeting Date: 10/22/2009 Review Approval: 1) Clerk Cover Memo Item # 4 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Week of the Family Proclamation SUMMARY: Meeting Date: 10/22/2009 Review Approval: 1) Clerk Cover Memo Item # 5 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: October is Arts and Humanities Month in Clearwater Proclamation SUMMARY: Meeting Date: 10/22/2009 Review Approval: 1) Clerk Cover Memo Item # 6 City Council Agenda Council Chambers - City Hall Meeting Date: 10/22/2009 SUBJECT / RECOMMENDATION: November is United Way Month Proclamation - Chuck Warrington, Laura Cameron, Lisa Perkins, & Robin Gomez SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 7 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Natural Gas Marketing Person of the Year - Awarded to Lupita Newell. Presentation given by Chuck Warrington, Managing Director - Clearwater Gas System. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 8 City Council Agenda Council Chambers - City Hall Meeting Date: 10/22/2009 SUBJECT / RECOMMENDATION: Approve the minutes of the October 1, 2009 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 11 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER October 1, 2009 Draft 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. 1. Call to Order The meeting was called to order at 6:00 p.m. at City Hall. 2. ! > - E i 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations - Given. 4.1 FLC Hometown Hero - Cyndie Goudeau, Cit Clerk Church t 4.2 israanic Heritage Month Proclamation - 9/15/09 - 10/15/09 4.3 October is Community Planning Month Proclamation - 10/09 5. Approval of Minutes 5.1 the minutes of the September 17, r, Cit'` -+in as suu,nitt. _I in written summation b the City Clern, Councilmember Carlen Petersen moved to approve the minutes of the September 17, 2009 City Council Meeting as submitted in written summation by the City Clerk. The Council 2009-10-01 Item #19 Attachment number 1 Page 2 of 11 motion was duly seconded and carried unanimously. 6. CE*E . -I I r 1fw Not t- J I Nicholas Fritsch - thanked the Council for their leadership in adopting a resolution opposing offshore oil drilling. Shelley Kuroghlian - thanked the city for partnering with the Clearwater Neighborhoods Coalition for "Reducing Street Gang Activity through Community Involvement" program on October 10, 2009. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 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 Council 2009-10-01 Item #29 Attachment number 1 Page 3 of 11 Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with water, sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: * Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. * Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. The proposed RU and P Future Land Use Plan categories are consistent with the current Countywide Plan designation of this property. This RU designation primarily permits residential uses at a density of 7.5 units per acre. The Planning Department and the Pinellas Planning Council are processing a map adjustment to update the Drainage Feature Overlay, making it congruent with the P designation, pursuant to a jurisdictional wetlands survey. The proposed zoning districts to be assigned to the property are the Medium Density Residential (MDR) and Preservation (P) Districts. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north and east; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Planning Director Michael Delk said the ditch area is not unstable and does not present an issue. An access easement is needed and the applicant is willing to provide the easement but has questions regarding regulatory issues. Staff requests that the item be continued. Councilmember George N. Cretekos moved to continue Item 7.1 to October 22, 2009. The motion was duly seconded and carried unanimously. 8. Second Readings - Public Hearing Council 2009-10-01 Item #_?9 Attachment number 1 Page 4 of 11 8.1 Continue to October 22, 2009 second Reading of Ordinances --j-3-19 , 8094-09, 8095-09 - A X2009-07011 1923 ett® Lane Vice-Mayor Paul Gibson moved to continue Item 8.1 to November 5, 2009. The motion was duly seconded and carried unanimously. 8.2 Adopt Ordinance No. 8044-09 on se,°ond reading, ar endin the Community Development Code relating to rr--rt attached dwellings and overnight accommodations. Concern was expressed that changes allow increased accessory use without providing additional parking. Ordinance 8044-09 was presented for second reading and read by title only. Councilmember Carlen Petersen moved to adopt Ordinance 8044-09 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard "Nays": Councilmember George N. Cretekos Motion carried. 8.3 Adopt Ordinance No. -)on second reading, annexing certain real property whose post office ac" .rg -s is 1520 c'--ith Highland Avenue into the c_r--,r- 3 limits of the city anrl_ -fain -r°ary lines of the city to in^l. -' I addition. Ordinance 8090-09 was presented for second reading and read by title only. Councilmember John Doran moved to adopt Ordinance 8090-09 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 and Vice-Mayor Paul Gibson. "Nays": None. Absent: Mayor Frank Hibbard. Council 2009-10-01 Item #Z9 Attachment number 1 Page 5 of 11 8.4 Adopt Ordinance No. 8091-09 on second reading, amending the future land use plan element of the Comprehensive Plan of the city ' g, designate the land use for certain real property whose post office address is 1 outh Highland Avenue, upon annexation into the City of Clea ater, as esi,,ntil Low ( L). Ordinance 8091-09 was presented for second reading and read by title only. Councilmember Carlen Petersen moved to adopt Ordinance 8091-09 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. 8092®09 on second reading, amending the oninq Atlas of the city by zoning certain real property whose post office address is 1520 South iahland Avenue, noon annexation into the Citv of Clearwater, as Low Medium Density Residential LMPR Ordinance 8092-09 was presented for second reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8092-09 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. 9. ConsentAgenda 9.1 Award contracts (blanket purchase orders)to Baker and Taylor, Atlanta, GA - $250,000: and Ingram Library Services, Atlanta, GA - $170,000 for the purchase of library books and materials for the contract period October 2, 2009 through September 30, 2010 and authorize the appropriate officials to execute same. consent 9.2 Accept funding totaling $200,738 from and approve the corresponding agreement with Coordinated Child Care for the "Charting a Course for Youth" programs for youth and teens and authorize the appropriate officials to execute same. consent 9.3 Accept a Department of Justice, Bureau of Justice Assistance (DOJ/BJA) continuation grant in the amount of $50,000 for a one-year period to fund the Clearwater Area Task Force on Human Trafficking and authorize the appropriate officials to execute same. (consent) Council 2009-10-01 Item #S Attachment number 1 Page 6 of 11 9.4 Approve a lease agreement between Pinellas Core Management Services, Inc. and the City of Clearwater for the Hispanic Outreach Center on premises located at 612 Franklin Street, Clearwater, Florida, for a period of three years commencing on November 1, 2009, and terminating on October 31, 2012, at a rental of $1.00 per year and authorize the appropriate officials to execute same. consent 9.5 Approve the 2010 Council Meeting schedule. Councilmember John Doran moved to approve the Consent Agenda as submitted 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 To become an eligible sponsor, a resolution from the local government is required. The Capitol Theatre is located within the City of Clearwater Enterprise Zone 5202 as established by Resolution 98-28 on August 20, 1998. On January 1, 2006, this area was re-designated an Enterprise Zone by Resolution 05-46, dated November 16, 2005 and will be in effect until December 31, 2015. The CCTCP allows any business in Florida to receive a 50% credit on their Florida corporate income tax, insurance premium tax or sales tax refund for donations made to local community development projects. Donations must be made to an eligible sponsor conducting an approved community development project. A business may receive no more than $200,000 in community contribution tax credits annually. Once the donation has been approved by the Office of Tourism, Trade and Economic Development, a copy of the approval letter must be submitted with the state tax return. The qualifying proposed project for this sponsorship is to seek in-kind, service, and cash contributions towards restoration, renovation, programming and Council 2009-10-01 Item #C9 Attachment number 1 Page 7 of 11 operation of the Capitol Theatre. When completed, the 655-seat capacity Capitol Theatre will become a venue where residents and visitors of Clearwater can enjoy all genres of live entertainment provided by Ruth Eckerd Hall, contributing to the City of Clearwater's goal of revitalizing its downtown area to benefit residents, tourists, and local businesses. The Capitol Theatre will also be an auxiliary location for various performing arts education programs and film series' offered by Ruth Eckerd Hall. Vice-Mayor Paul Gibson moved to certify that Ruth Eckerd Hall, Inc., a non-profit corporation, is consistent with local plans and regulations including comprehensive plans for the Capitol Theatre proposed project and that Ruth Eckerd Hall, Inc. qualifies under the States Community Contribution Tax Credit Program (CCTCP) for public resources and facilities affiliated with economic/community development efforts. The motion was duly seconded and carried unanimously. Resolution 09-36 was presented and read by title only. Councilmember Carlen Petersen moved to adopt Resolution 09-36. 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. 10.2 Amend Amendix A, Schedule of Fees4 Rates and Charges of the City of Clearwater Code of Ordinances relating to Article XI, Parks, Beaches, and Recreation as it relates to the criteria which establishes the class of citv residents and pass Ordinance 8105-09 on first reading. For well over 30 years the City has been allowing non-residents the opportunity to use and take part in recreation programs in the City of Clearwater by paying an additional nonresident fee. The current ordinance governing these fees was last changed by the Council in 2008 to revise the formula used to determine the cost of this assessment and to remove some options in lieu of nonresident fees. Included in the code is a provision that more or less defines who qualifies as a city resident. This has not been changed since the adoption of the original ordinance and staff believes that there are some groups of people that need to be added to this provision as well as provide an updated definition for family. This amendment will add the following groups of persons to the list of qualified city residents: * Retirees of the City of Clearwater Council 2009-10-01 Item #?9 Attachment number 1 Page 8 of 11 * Active military and their family members • Employees or clients of the Upper Pinellas Association for Retarded Citizens (UPARC) for the use of the Long Center facility * Corporate memberships for City wellness programs funded by businesses within the incorporated boundaries of the City of Clearwater In addition this amendment clarifies the definition of family to more closely reflect what is being implemented in the recreation department. Family is defined as follows; "Husband and wife or legal guardian and their children who live in the same household, who are 18 years of age or under, or less than 23 years of age and a full time college student." Councilmember John Doran moved to amend Appendix A, Schedule of Fees, Rates and Charges of the City of Clearwater Code of Ordinances relating to Article XI, Parks, Beaches, and Recreation as it relates to the criteria which establishes the class of city residents. The motion was duly seconded and carried unanimously. Ordinance 8105-09 was presented for first reading and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8105-09 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. 10.3 A rove the collective bargaining agreement vex n , otiated between the Cit of Clearwater and the Fraternal Order of f uervisors for Fiscal `ears 2009/1 04 2010/11 . and 2011/12. The most recent collective bargaining agreement between the City of Clearwater and the Fraternal Order of Police Supervisors bargaining unit expired on September 30, 2009. City management staff met with representatives of the Fraternal Order of Police Supervisors beginning in August of 2009 to negotiate a new agreement. On September 10, 2009, the parties reached a tentative agreement that was subsequently submitted by the Union to its bargaining unit which ratified the agreement by a vote of 42 to 2 on September 25, 2009. The agreement is a three-year contract, providing for no general wage increase in the first year and including reopener clauses to negotiate wage and pay range adjustments in years two and three. The agreement also provides for the City to pay for the first three vacation days used by each bargaining unit member with no charge to the employee's vacation leave balance in the first year of the contract only. In addition, the parties agreed all bargaining unit members will comply with the City's revised Tobacco Product Usage Policy. There are no other significant Council 2009-10-01 Item #?9 Attachment number 1 Page 9 of 11 changes to the existing contract language. Costs are within the City's approved budget for the first year of the contract, and will be determined in accordance with the outcome of negotiation of the wage reopener clauses for the second and third years. Vice-Mayor Paul Gibson moved to approve the collective bargaining agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Supervisors for Fiscal Years 2009/10, 2010/11, and 2011/12. The motion was duly seconded and carried unanimously. 10.4 r °aint three members to the Municipal Code Enforcement F with the terms t_ -xraire October 31, 2012. Councilmember Carlen Petersen moved to reappoint Sheila Cole and Ronald V. Daniels to the Municipal Code Enforcement Board with the terms to expire October 31, 2012. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 Cit Manner Verbal Reports Staff was directed to begin the November 17 Pension Trustees meeting at 5:00 p.m. Note: It was determined there are no items for the November 17 Pension Trustees, therefore, that meeting was cancelled. 12. Council Discussion Items 12.1 Regional Chamber of Commerce Ability to Fulfill Tourism Contract Economic Development and Housing Director Geri Campos Lopez said she met with the Clearwater Regional Chamber of Commerce President Bob Clifford to discuss their new business model and ability to fulfill contract with new organizational structure. The new business model will bring tourism to the forefront. Ms. Anita Treiser will be developing a strategic plan on tourism. Ms. Lopez said staff will meet with the Chamber monthly to evaluate their performance. Performance benchmarks include local events and ad placements. The Chamber will be evaluating the Welcome Center's hours and adjusting them to remain most effective. Council 2009-10-01 Item #%i Attachment number 1 Page 10 of 11 Two individuals expressed concerns with the Chamber's re-organization and impact on tourism support. Staff was directed to keep Council apprised of Chamber's progress. 12.2 Resolution 09-46 ® Recommending Pinell ? °nt use Pn, ., ? tg continue funding a Rescue Unit at Station 50 It was stated that in discussions with County Commissioners it was recommended the City make another effort to get county funding for a rescue unit at Station 50. Resolution 09-46 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Resolution 09-46. 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. 13. Other Council Action 13.1 Other Council Action Councilmembers reported on events in which they recently participated, reviewed upcoming events and offered condolences to the Beebe and Zayac families. Vice-Mayor Paul Gibson read correspondence from reporter confirming that no candidate at 2007 candidate forum promised a new Morningside Recreation Center would be built. Council 2009-10-01 Item 4(9 Attachment number 1 Page 11 of 11 • ?° The meeting was adjourned at 7:23 p.m. Attest City Clerk Mayor City of Clearwater Council 2009-10-01 Item 419 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to the Community Development Code establishing outdoor automobile, boat, and recreational vehicle shows as an allowable temporary use and setting forth standards for such new use, amend the ordinance on first reading and pass Ordinance 8098-09 as amended on first reading. (TA2009-08008) SUMMARY: City Council requested staff prepare a text amendment adding the outdoor automobile, boat and recreational vehicle show use as a permitted temporary use. This proposed use will be allowed in the Commercial (C) District for up to four (4) days at a time, not more than four (4) times per year. Standards for this new temporary use are created by this ordinance and are as follows: Properties must be a minimum of 75 contiguous acres in size; A maximum of 48 hours for set-up and 48 hours for break-down will be allowed in addition to the maximum cumulative allowable time period; Products displayed at the show may be sold, regardless of the property's primary use. The definition of "temporary retail sales and displays" was originally proposed to be modified in the ordinance, and was so advertized. However, this proposal is being withdrawn and a motion to amend is recommeded. Ordinance 8098-09, the motion to amend and the staff report contain further analysis and information on the proposed amendments. The Community Development Board (CDB) reviewed theproposed text amendment and motion to amend at its meeting of September 15, 2009. The Board unanimously recommended the amendment for approval. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 3 CDB Meeting Date: September 15, 2009 Case Number: TA2009-08008 Ordinance Number: 8098-09 Agenda Item: EE_1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 8098-09 INITIATED BY: City of Clearwater Planning Department BACKGROUND: City Council requested that staff prepare a text amendment adding the outdoor automobile, boat and recreational vehicle show use as a permitted temporary use. ANALYSIS: This amendment proposes a new use be added to the list of permitted temporary uses-outdoor automobile, boat, and recreational vehicle show use. This use will be allowed in the Commercial (C) District for up to four (4) days at a time, not more than four (4) times per year. Standards for this new temporary use are created by this ordinance. A summary of those standards appears below: • Properties must be a minimum of 75 contiguous acres in size; • A maximum of 48 hours for set-up and 48 hours for break-down will be allowed in addition to the Maximum Cumulative Allowable Time Period; • Products displayed at the show maybe sold, regardless of the property's primary use. The definition of "Temporary retail sales and displays" was originally proposed to be modified in the ordinance. However, this proposal is removed as shown in the attached motion to amend. Community Development Board - September 15, 2009 TA2009-08008 -Page I Item # 10 Attachment number 1 Page 2 of 3 CRITERIA FOR TEXT AMENDMENTS: Community Development Code Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goal, Objective, and Policies which will be furthered by the proposed Code amendments: Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Findings The proposed amendments are consistent with the Comprehensive Plan because they allow for the expansion of economic opportunity. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in Section 1-103: Establish use limitations for specified uses consistent with the zoning district in which they are allowed and the particular characteristics of such specified uses (CDC Section I- I03.E.10). Findings These amendments are consistent with the Community Development Code because they establish a temporary use that is consistent with the purpose and character of the Commercial (C) District. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are not inconsistent with the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning Department recommends APPROVAL of Ordinance No. 8098-09 that amends the Community Development Code. Community Development Board - September 15, 2009 TA2009-08008 - Page 2 Item # 10 Attachment number 1 Page 3 of 3 Prepared by Planning Department Staff: Cate Lee, Planner II ATTACHMENT: ? Ordinance No. 8098-09 ? Motion to Amend Ordinance No. 8098-09 on First Reading S: (Planning DepartmentlComnmmty Development Code12009 Code AmendmentslTA2009-08008 -Temporary UselStaff Reports lOrdinance No 8098-09 CDB Staff Report 2009 09-10.Doc Community Development Board - September 15, 2009 TA2009-08008 - Page 3 Item # 10 Attachment number 2 Page 1 of 4 ORDINANCE NO. 8098-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO MODIFY SUBSECTION 3-2102 "PERMITTED TEMPORARY USES" TO INCLUDE OUTDOOR AUTOMOBILE, BOAT, AND RECREATIONAL VEHICLE SHOWS; TO MODIFY SECTION 3-2103 "STANDARDS" TO INCLUDE STANDARDS FOR THE OUTDOOR AUTOMOBILE, BOAT, AND RECREATIONAL VEHICLE SHOWS TEMPORARY USE; TO MODIFY SECTION 8-102, "DEFINITIONS", BY AMENDING THE DEFINITION OF "TEMPORARY RETAIL SALES AND DISPLAYS" TO INCLUDE OUTDOOR AUTOMOBILE, BOAT, AND RECREATIONAL VEHICLE SHOWS; AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, and WHEREAS, it has been determined that certain locations and use of commercial properties for limited temporary uses promotes the local economy, and WHEREAS, it has been determined that limited and reasonable restrictions on such temporary uses are in the public interest, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 3, "Development Standards", Division 21, "Temporary Uses", Section 3-2102, "Permitted temporary uses", of the Community Development Code, be, and the same is hereby amended to modify subsection A, as follows: Section 3-2102. Permitted temporary uses. A. The following temporary uses are permitted subject to obtaining a Level One approval in accordance with the provisions of Article 4, Division 3 and the provisions of this division: 1. Circuses and/or carnivals. 2. Contractor's offices and/or construction sheds. 3. Evangelical and religious revivals or assemblies. 4. Sales for Christmas trees, pumpkins or other seasonal materials. -1- OrdAEDIM go1®J98-09 Attachment number 2 Page 2 of 4 5. Other temporary recreational or entertainment related events or activities such as fairs, concerts or festivals. 6. Outdoor bazaars, cookouts, special fund raising sales and/or similar activities. 7. Sidewalk sales. 8. Temporary commercial parking lots associated with special events. 9. Temporary real estate sales offices. 10. Temporary relocation tents or mobile homes for displaced persons as a result of natural or manmade disasters in a neighborhood or area. 11. Temporary retail special sales and displays (e.g., occasional sidewalk or parking lot sales). 12. Block and neighborhood parties. 13. Portable storage units. 14. Outdoor automobile, boat, and recreational vehicle shows. Section 2. That Article 3, "Development Standards", Division 21, "Temporary Uses", Section 3-2103, "Standards", of the Community Development Code, be, and the same is hereby amended to modify "ADDITIONAL REQUIREMENTS FOR TEMPORARY USES" table and add number five to subsection B, as follows: Section 3-2103. Standards. *********** ADDITIONAL REQUIREMENTS FOR TEMPORARY USES Maximum Cumulative Allowable Time Period for Each Separate Use (per site per calendar Temporary Use year or absolute time limitation, as applicable) Permitted Districts Block and neighborhood parties 2 days All residential districts Circuses or carnivals 14 days C, IRT, and I Contractors office and/or During construction period only while building All districts construction sheds permit is valid Evangelical and religious revivals or 7 days C, D, T, I and IRT assemblies Garage, yard or estate sales No more than 2 times per property within one All residential districts year, no longer than 3 days each Sales for: Christmas tree and All non-residential zoning pumpkin sales and other seasonal 45 days districts sales Other temporary recreational or 7 days, except 14 days for annual events All nonresidential districts entertainment events approved by the special events committee -2- OrddteIM go1®J98-09 Attachment number 2 Page 3 of 4 Outdoor bazaars, cookouts, special fund raising sales and/or similar 2 days C, I and D activities Sidewalk sales 7 days in conjunction with a special event T and D Temporary commercial parking lots The period of time during which the temporary All districts use the parking serves is authorized Temporary relocation tents or 18 months (unless authorized longer by mobile homes for displaced persons commission resolution) Within a designated area Temporary real estate sales office or 24 months All districts model home Temporary retail sales and displays 7 days (not more than 4 times per year) T, C and D Residentially zoned property: Four days, not more than four times a year. Non-residentially zoned property: 30 days, not more than four Portable storage units times a year or for the duration of an active All districts construction permit. Refer to Sections 3- 2103(B)(3) and 2103(C)(2) for additional requirements. Outdoor automobile, boat, and recreational vehicle shows 4 days (not more than 4 times per year) C *********** B. The following additional requirements shall apply for specified temporary uses: *********** 5. Outdoor automobile, boat, and recreational vehicle shows. a. Outdoor automobile, boat, and recreational vehicle shows shall be permitted only on properties located in the Commercial zonina district which are at least 75 contiguous acres in size; b. A maximum of 48 hours shall be allowed for the set-up and a maximum of 48 hours shall be allowed for the break-down, in addition to the Maximum Cumulative Allowable Time Period, of the Outdoor automobile, boat, and recreational vehicle shows: C. Sales of products displayed at the show are permitted, without regard to the primary use of the property. Section 3. That Article 8, "Definitions and Rules of Construction", Section 8-102, "Definitions", of the Community Development Code, be, and the same is hereby amended to modify the definition of "Temporary retail sales and displays" as follows: Temporary retail sales and displays mean any nonpermanent sales or displays `"'hi,.h are A- sam +ho pr\rl, ,n4 -;;Ad- m.-- ? ho ref with the r?orm_Ar R_.At Or r?riRGipal use of r?Fepe Ft? a . w is are -3- OrdiAM go10)98-09 Attachment number 2 Page 4 of 4 permitted pursuant to Article 3, Division 21. As used in this development code, the term "temporary retail sales and displays" shall include carnivals and similar temporary amusement projects and shall exclude residential development sales office, land sales offices, an4-garage and yard sales, and outdoor automobile, boat, and recreational vehicle shows. Section 4. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 5. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 6. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 7. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 8. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk -4- OrdiAM go1®J98-09 Attachment number 3 Page 1 of 1 MOTION TO AMEND ORDINANCE NO. 8098-09 ON FIRST READING On page 1 of ordinance, revise the title as follows: AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO MODIFY SUBSECTION 3-2102 "PERMITTED TEMPORARY USES" TO INCLUDE OUTDOOR AUTOMOBILE, BOAT, AND RECREATIONAL VEHICLE SHOWS; TO MODIFY SECTION 3-2103 "STANDARDS" TO INCLUDE STANDARDS FOR THE OUTDOOR AUTOMOBILE, BOAT, AND RECREATIONAL VEHICLE SHOWS TEMPORARY USE; T9 MODIFY SECTION S 192, "DEFINITIONS", 131,A-N.4rE=Nl-M ISjG -H= aEFINITI( W (-:)F= "TE=N.4P(-:)R-A,.RY RETAIL [DISPLAYS" ?I ITr1(1(lC? AI IT(l?A(1R11 C T, AND T(T(-:) ?v(`I-IvIvf1C BOA T? v?vv"vr? , rr RECREATIONAL VEHICLE SHOWS; AND TO PROVIDE AN EFFECTIVE DATE. On pages 3-4, delete Section 3 of the ordinance in its entirety. Item # 10 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the vacation of the east 5-feet of the 10-foot drainage easement lying east of and adjacent to the west property line of Lot 5, Block "V", Hibiscus Gardens, (a.k.a. 1221 Turner St.), and pass Ordinance 8120-09 on first reading, (VAC2009-05 Kirkland,Jr., Trustee), SUMMARY: The City of Clearwater previously adopted Ordinance 8085-09, effective September 3, 2009, improperly vacating the west five- feet of the 10-foot drainage easement due to an error on the submitted application when it was the applicant's desire to vacate the east five-feet of the subject easement. Ordinance 8120-09 rescinds the previous vacation and vacates the appropriate portion of the subject drainage easement. The applicant is seeking to vacate the easement portion to eliminate an existing encroachment by a building that was permitted in 1973. Due to the easement being a drainage easement the applicant was not required to obtain letters of no objection from the private utility companies. The City of Clearwater has no facilities in the drainage easement and anticipates no future need for the subject easement portion. The Engineering Department has no objections to the vacation request. Review Approval: 1) Planning 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8120-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RESCINDING ORDINANCE 8085-09 AND VACATING THE EAST FIVE FEET OF THE TEN-FOOT DRAINAGE EASEMENT LYING EAST OF AND ADJACENT TO THE WEST PROPERTY LINE OF LOT 5, BLOCK V, HIBISCUS GARDENS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater previously adopted Ordinance No. 8085-09, effective September 3, 2009, improperly vacating the west five feet of the 10-foot drainage easement lying east of and adjacent to the west property line of Lot 5, Block V, Hibiscus Gardens; and WHEREAS, this ordinance vacates the appropriate parcel of property below; and WHEREAS, Norman L. Kirkland, Jr., Trustee, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage 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. Ordinance No. 8085-09 is hereby rescinded. Section 2. The following: The east five feet of the 10-foot drainage easement lying east of and adjacent to the west property line of Lot 5, Block V, Hibiscus Gardens, as recorded in Plat Book 14, Pages 55-58, 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 3. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Item # 11 Ordinance No. 8120-09 Attachment number 1 Page 2 of 2 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Camilo A. Soto Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. Ifem#1I1 Attachment number 2 Page. 1 of 1 8 7 i---- I \2/05 ) 5 4 50 3.47 Ac 42/13 0 HIBISCUS GARDENS SUBDIVISION Legend Drainage Easement N Cl t Storm Ponds earwa er EASEMENT VACATION Outside CLWTR City limits W E d Vacate the east 5 - feet of a 10 - foot Drainage Easement lying = 16 Clearwater Service Area by: Prepares along the West Property Line of Lot 5, block "V", Hibiscus Engineering Department Geographic Technology Division Gardens Subdivision. Ite m # 1 1s 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 Map Gen By: JHH Reviewed By: SD Date: 10/5/2009 Grid #: 2968 S-T-R: 15-29s-15e Scale: N.T.S. www. MyC learwater. com I Ac Attachment number 3 PagC 1 Of 1 SR-590 U N Q o > w ¢ 0 g > w d Q GROVE ST Browns 0f z Q w Q Q Z W Y H Q LUE E LAURA F ST N E G? GROVE LU ST z0 m of 00 < CLEVELAND ST W Q ST w O ? z ST Q> U Z W L ? PARK ST LU (D g >? ST PIERCE Y O w PIE ? C? STo W (If I, = O ?K > < Evergreen Place ST ¢ 0 ??y Y z U) a P ¢ ? j F FRANKLIN ST CIR Q I- z GOULD ST COURT o_ ST w ? m D SANTA ROSA ? BROWNELL ST 0 O u SR-60 US-19 A LT. COURT ST SR-595 SR-60 J Q ROGERS ST mF -1 TURNER F-- PINE ST WAY ? ? LOTUS PATH ? ? O z E7.F w ? L w w [if a. ? TUSKAWILLA ST El ST w D . Q ? PINE SITE r PINE ' t ypQ'; NE??'PS Tuskawil la d oo Cir N r ? [] J ?G O z Q J DRUID w? iY JASMINE > WAY z? MAGNOLIA Q DR [if U) LOTUS PATH tY JEFFORDS ST w D ? n BAR ST B ARRY w ; TUSCOLA ST = Pinrlh LU [if O MILTON Q ST z z z o U M Q J Q , M Z 0 BROWNING 0 1 CRA88 LAKEVIEW RD z w w (If O LU w wry O[ PARK p g F w? U) IY w U <I z Ill` FRANKLIN 0, I T DE LEON 0 f SAN JUAN D[ COURT ST W Q ROGERS W Q J LU w (If J? Ld PINE IY Z U) PIE CT w Q I, W Q r L p z T W [if a ? w ly ) MAGNOLIA U O w U J LU w IY LOTUS PATH J LOTUS PATH W Z = Z co a. 0 Clearwater HIBISCUS GARDENS SUBDIVISION 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 # 11s 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www. MyC learwater. com Map Gen By: JHH Reviewed By: SD Date: 7/7/2009 Grid #: 2968 S-T-R: 15-29s-15e Scale: N.T.S. ?- Meeting Date: 10/22/2009 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 # 12 Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 12 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 # 12 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 # 12 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$:•:. ;.::?;_ , :: ? 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'':::ii4 •;.•.. .' • • :_. °.::'.. .: ''.;: •:•c. i:; `°•i • . :::.,, °°.: '. °.;, °•. 1:::..:.°.'.`• ••.•:•:.::.. :.: :;'. ::i:;'°:;.`.:;.°:' .;i:;:;°'•:;.`.'.;;;; ;:;::: e.; ` i 1901 7 0S 191 ?, . , . 0 0 o o SUNSET POINT RD 459.5 147,49 ...(S) Go 1251 60 ^ 41as) Propo ed Annexation Map Owner: AHS Holdings, Inc. Case: ANX2009-07011 Property Size (Acres): 1.369 Site: 1923 N Betty Lane Size R-o-w (Acres): 0.09 Land Use Zoning From : RU, P, & Drainage R-4 Feature Overlay To: RU, P, & Drainage MDR & P Atlas Page: 251 B Feature Overlay S:\Plar ing Departmeri D MAnnexationi - 2009\ANX2009-07011 - 1923 N Betty Lane - AHS Holdings Inc\Maps\ANX2009- 07011 Proposed Annexatiori Item # 12 Attachment number 1 Page 4 of 8 ?:r'sas R' .48 •'• P • 77 `493.7.`::':':I'.=[•, :-:° ;:-:,r,;•:; [='.`!j- -•. - :;:}93.5 °;::;?';°:°:°: ? " ;:;;;.``:::r•'-Y?93$ • `-. 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 # 12 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 # 12 Na. ° `° °:1.?6 °:; := t::'::;12?F)s .;'=:::. ,-•.=;.; :::::.': >?:::::;4::::.: °:°: r:: =:°; ° ` :;°::? ° qtr:.=:? :-,.; 19 - - \% •tl t 20 21 22 -81 JqM gg: 1949 o ° 1 ^ c ^ N ^ rn - 952 21 f •24 25 .: 26 30 31 32 z}':'•';',- i ::: °°•.'.:' '.18??,i'- ^ ( 950 1971 1Sf48,: ,.. 47 a$ 42 ° Si 4 • % .. 1° << i" & : : r ..: a 1?4 ? . I Attachment number 1 Page 6 of 8 60 it a t 10 z z so 1 TR Park Land ?1 13 2 M Undeveloped Park Land 18 :... 5W °: X2,19 [ 5 A ? s q? 1.:..=- #? C .. 182 • °??920: ?n : .. .•. ; • ..: as as 81.8°. ?2 gas°° /. :r3 ... 9 1 1 ..°° a T. 190 1 :: ° . 1901 i... 2.1 . .. e 79?J M M SUNSET POINT RD M M M 459.5 147,49 536(S) 1251 Vacant School Exi tin urroundin U e 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 1ncuV1aps\ANX2009- 07011 Existini Surrounding Uses.doc Item # 12 Attachment number 1 View looking east at the subject property, 1923 N Betty Lane. dA t ' f'Sr? L W .? '? I }>i'?k9 .tlt '1 f + 9y Vi, lool:imr n, ,lrthfrom ih,' ?i11, i )1' 1 ? -n 4101 F.h! i View looking north along Betty Lane. ?i 7 e q• ZE? i N' 6 , , View looking west from the subject property. 4 W M • ?i ? F r, p, ? " TY 1 a?` Hl?r View loot inLI aouth li"om thraubjectproperty. zt T ME' " ` aq I,. View looking south along Betty Lane. ANX2009-07011 AHS Holdings, Inc. 1923 N Betty Lane Item # 12 Page 1 of 2 Along Betty Lane Attachment number 1 F U{ &iyrd 5 ri ? .I !, r ly T II 4- ,5 1 i.? S. ? "? v ? I ?'T ?' .? ... •I `?y?.'F ?f?'p1?`'F? Tlr View looking south at the subject property, 1923 N Betty Lane. View looking north from the subject property. 71 Ui?k ,? h c f 4 ? 4 ?. , 1 Y View looking east from the subject property. V ic%% lool:i mg, %%est from the subject properi. ,. } / k V• ? .Y dry. k'IC '?4tt y l`' 4 F 7 View looking east along State Street View looking west along State Street. ANX2009-07011 AHS Holdings, Inc. 1923 N Betty Lane Item # 12 Page 2 of 2 Along State Street Attachment number 2 Page 1 of 1 ORDINANCE NO. 8093-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 178 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF LOTS 5, 10, 11, 12, TOGETHER WITH LOT 4, LESS THE NORTH ONE HUNDRED FIFTY FEET OF LOT 4, LANGE'S REPLAT OF BROWN'S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1923 NORTH BETTY LANE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF STATE STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lots 5, 10, 11 and 12, together with lot 4, less the north 150 feet of said Lot 4, Lange's Replat of Brown's Subdivision, according to the plat thereof, recorded in Plat Book 24, Page 74, Public Records of Pinellas County, Florida , together with the abutting right-of-way of State Street. (ANX2009-07011) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 12 Ordinance No. 8093-09 Attachment number 3 Page 1 of 1 ORDINANCE NO. 8094-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 178 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF LOTS 5, 10, 11, 12, TOGETHER WITH LOT 4, LESS THE NORTH ONE HUNDRED FIFTY FEET OF LOT 4, LANGE'S REPLAT OF BROWN'S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1923 NORTH BETTY LANE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF STATE STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU), PRESERVATION (P), AND DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lots 5, 10, 11 and 12, together with lot 4, less the Residential Urban (RU) north 150 feet of said Lot 4, Lange's Replat of Brown's Preservation (P) Subdivision, according to the plat thereof, recorded in Drainage Feature Overlay Plat Book 24, Page 74, Public Records of Pinellas County, Florida, together with the abutting right-of-way of State Street. (ANX2009-07011) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8093-09. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 12 Ordinance No. 8094-09 Attachment number 4 Page 1 of 1 ORDINANCE NO. 8095-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 178 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF LOTS 5, 10, 11, 12, TOGETHER WITH LOT 4, LESS THE NORTH ONE HUNDRED FIFTY FEET OF LOT 4, LANGE'S REPLAT OF BROWN'S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1923 NORTH BETTY LANE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF STATE STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL (MDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lots 5, 10, 11 and 12, together with lot 4, less the north 150 feet of said Lot 4, Lange's Replat of Brown's Subdivision, according to the plat thereof, recorded in Plat Book 24, Page 74, Public Records of Pinellas County, Florida, together with the abutting right-of-way of State Street. (ANX2009-07011) Zoning District Medium Density Residential (MDR) Preservation (P) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8093-09. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No.le?l# 912 ?- Meeting Date: 10/22/2009 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 1408 Citrus Street (The east 30 feet of Lot 20 and Lot 21, Block D Sunny Park Groves in Section 23, Township 29 South, Range 15 East) and Pass Ordinances 8110-09, 8111-09 and 8112-09 on first reading. (ANX2009-07012) SUMMARY: This voluntary annexation petition involves a 0.23-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Citrus Street, approximately 100 feet east of Sunny Park Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning Department is requesting that the 0.15-acres of abutting Citrus Street right-of-way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the west. It is proposed that the property be assigned a future land use plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property receives water service from Pinellas County. Sanitary sewer connections are analyzed on a case by case basis through the City's Engineering Department. In this case, the applicant will install a private pump station, at their own cost, that will connect to the closest sanitary sewer line located in the Sunny Park Road right-of-way (100 feet west of the property). The applicant has paid the City's sewer impact fee. In the future, should the City extend the sanitary sewer line down Citrus Street adjacent to the property, the property owner will be required to then connect to the gravity system and pay the assessment fee at that time. The applicant is aware of this potential additional cost. 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 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. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RL future land use plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Cover Memo Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 7 LOCATION MAP Owner Helen V. Wiggins Case: ANX2009-07012 Property Size (Acre): 0,23 Site: 1408 Citrus Street Size R-O-W (Acres): 0.15 Land Use From : RL (County) To: Zoning R-3 (County) PIN: 23-29-15-86958-004-0210 RL (City) LMDR (City) Atlas Page: 315A S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-07012 - 1408 Citrus Street - Wiggins\Maps\ANX2009-07012 LOCATION MAP.Doc Item # 13 Attachment number 1 Page 2 of 7 f...? '? ,. i'0111+, i?.`k"_ "" "5?i y? ..r iy;C "'-`''4•„ .* +,_./i1 . __Ok- 14 +. . , w r 1 LNE 4 kip 7» ? r, Y ' _ r /_ •.`4- ???. ,.+r,w?r+?.,.? + ?f ? lx.y yti .mod. 7 , J 11 ," n F ?- f tr ?" iy q(1 t .. d rr 1? FEW h" ?'.. A .. A o K r c. a c n A r ' JON 4.. t Y n ? a `ia 1 ¢ 1 ? ' 1 M"F`"Y'I ? ,1 ?? e_ ? - •Eir .., - Cater , Y ±,,,?` .} 5,4 ` r? _ y;{? ? ?„?y??? ??t???,.• ?, ..,? * " ? 1 x-1- ?;? • ?,. M. ... ?? rr. '`.•?+ ... Y _- *fi?? - .. a• `Y , . . XXIK7 ?t+i{ '°!r ''I FM .:-•1.1?' -?.^R_ J I ?a `„? k?PA6n , . i }? - ,,T ?Y'' ?w +aI{ r Yr F ? ?. ll 0, M- MEMO* ?. -- 1 h +a r., Imo„ r.?'. NE? , EX K A M," FEE, ts I AERIAL PHOTOGRAPH Owner Helen V. Wiggins Case: ANX2009-07012 Site: 1408 Citrus Street Property Size (Acre): 0.23 Size R-O-W (Acres): 0.15 Land Use Zoning PIN: 23-29-15-86958-004-0210 From : RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 315A S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-07012 - 1408 Citrus Street - Wiggins\Maps\ANX2009-07012 AERIAL PHOTOGRAPH.Doc Item # 13 Attachment number 1 Page 3 of 7 138811 4 e C 7 16 ..: .... P . 139 , M F W n N M 9-o 19 I o 20 o :•::. 22 N 23 24 N 5iii :; .?;4:. - '-- ?: =•26:-; •.:: .. .. .'.', 2.7iii::::; ': ..: •28'.•:'; ;"..-. :'.Z9. ".::i - : . 140 2 7p I 18 •.; %1 T.'[:i .'•:16? i'.: 15:'[:i '•?-: ?14'.'.} ::'•98i?:. '::.'.12 :?' - ?.???1 t'.-r :?-94: ?: •': ?.? '?9: i' . ::- '?.-. •': ?. ?':2 •; =.:: [.:.6-.:'?•: ?? 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M °m S RON .T M M F M F '•?•' 4 •. ?• •t?_• 'Yt: 'k1'.::-. N :t!} m NSF @ 3 ? ryff 17 ?::I?' 9S '1:4' 7??' 92 :1'1•?1A -? g: ?. F 5 V 11 o 12 19 ?,Sfl x•2 3 4 25. •. 26 27 • 2$ •29,,, 30.: 3.? 9 rnto M 1443 c:• F o-.:-. .. "..•. . .? h1' d•' er .•'u. " : ... -SiE A A A X . . PROPOSED ANNEXATION MAP Owner Helen V. Wiggins Case: ANX2009-07012 Property Size (Acre): 0,23 Site: 1408 Citrus Street Size R-o-W (Acres): 0.15 Land Use Zoning From : RL (County) R-3 (County) To: RL (City) LMDR (City) PIN: 23-29-15-86958-004-0210 Atlas Page: 315A S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-07012 - 1408 Citrus Street - Wiggins\Maps\ANX2009-07012 PROPOSED ANNEXATION MAP.Doc Item # 13 Attachment number 1 Page 4 of 7 1"88 1090 1391 'J94 c. M c. 1398 4 M b n rn 1400 1,qg M 1401 1404 0 a 0 1¢08 ^ M M ? w Y2 M c. 1419 ro m m m 1425 v BELLEVUE BLVD Q w V J b ? m o I RL? - o m ::ti: o N b :::.'.'.;•: LIME ?':?; :::;•'?_':';'':;:':': ':`:';:::_ ?:.'••`.;:,•_:;:'_::: `:'?.; :':? O ?.;'.;?::.::: ?.; •.:Dy.. ;?. ?. '•.?•?O':.,::.• ??, •:••..••?:p:;:?.".;:;• -•?."?.?: :"?•?:"??:. fop} L . R I. : ' ;: : f vi : ' i::' : {. . : . o : . ;., :: ;•. :o;i::!:.':'.:,. ;. ' : . ".'a•••'•i'i 3 -4, N O . • O ... N•. .'. ..O SY SF;4BC$E??E S;T FUTURE LAND USE MAP Owner Helen V. Wiggins Case: ANX2009-07012 Site: 1408 Citrus Street Property Size (Acre): Size R-O-W (Acres): 0,23 0.15 Land Use Zoning From : RL (County) R-3 (County) PIN: 23-29-15-86958-004-0210 To: RL (City) LMDR (City) Atlas Page: 315A S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-07012 - 1408 Citrus Street - Wiggins\Maps\ANX2009-07012 Future Land Use Map.Doc Item # 13 Attachment number 1 Page 5 of 7 1"88 1"BO 1394 1398 1400 1404 1008 Q v/ W V J 13,91 OiQ'IE.S` 1385 mv? M rn +1 M I M h ^ 1 ^ ? M rn 39 1401 0 a rn a ? M ? 0 h ? (ry 113 ? ` ? 1419 ro m m m 1425, : ? ro BELLEVUE BLVD m `O m o R o ? :.ti . m LIME F .010 v 1 1.11.. L N .. . . ... . . : . - - - 1443 v: .- .. _cD ' v •'. •: •. :". '•': '•' .. N'. _::.'. _.;N. . ''.. M. ar-'::: ':'.. ZONING MAP Owner Helen V. Wiggins Case: ANX2009-07012 Site: 1408 Citrus Street Property Size (Acre): Size R-O-W (Acres): 0,23 0.15 Land Use Zoning From : RL (County) R-3 (County) PIN: 23-29-15-86958-004-0210 To: RL (City) LMDR (City) Atlas Page: 315A S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-07012 - 1408 Citrus Street - Wiggins\Maps\ANX2009-07012 ZONING MAP.Doc Item # 13 Attachment number 1 Page 6 of 7 1388 (0 3 t 9p 1 I t8 17 16 '• t5 .. i?- '13 :: . 1? 1a: : .•..10 . •. 9.? g.. 13 R . _ g1 sa m M 7o ro M 8N a goo M Cf 19 I O O 20 co O ?1 .. :.:p ...n 22 23 O 24 O N .-.:'25::1:. :.-26.•. •:: :. Z7;.... •.; :2g.. •:: . 7 . - .:. O 6 n n .. . O 1 5 M n of p O? "''='u.:.•. '. ?r.•'A1:: -: ::•.•144;; •:.:,?;: '.'..:•.•. ":; .;.::..,.:. ? ... ;••.•;.::; :,; ,._:..,::' .'';.•.•'. •• ::::.. " :..:..:.::" 401 3 2 18 1T'[':i '•} 16 i'.. ' :,15 'i '• : 1A'.'.': -:1.93:':1 .92-_: ..l: r :.jv:. . M S 0 ` • . ? 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' :2a.... .:''; . . .: ..28r:::' .... ::?:'::• ::: .y... t.'_': -.:' .. .. :o.:: :: :pi '::,• $.... ..:.':.::: N .._. -:. :: :' 26'. r :: ;` r:..'..'_ ..... ..; 2y M `:;::.:.:': 2$...:.: ert :'':;::':'.' .•..2... . -`: .•.:'. ..30..:.:. ','.';:f:`:'•; : 34:...., '-`. . ? , .a ? . M IRS cp M 3 2 s ': :•F:'.:'. 'S1'?•:-: :. '. •.a.:'.. -tom .,..; .. :::.:'.,. NJ':•:?.; ... vs I N ux .?'?..• ` ..{M :::•..•: b:..; .: -:. •• :.:• • Q 5 ZJ V 12 19 2f1 :. ! 22. .. 2 `;; za'r':; ` 25::;: :;i2s::r. :;:27' :.: :28; ::r; ;: zs :' ': ' ' `•:'3a'::r. ' ' '' f': . ' o M 1443 ' : :a er: ?.. . ;.:. • ; .;. kiji . • w w ? 1 ®•..''• i "'18 ' } iT 1:,11 ".: 1: 1:::.. ..:'. ... •. .ti:aA . .t; •: .•F-' G EXISTING SURROUNDING USES MAP Owner Helen V. Wiggins Case: ANX2009-07012 Property Size (Acre): 0.23 Site: 1408 Citrus Street size a-o-w (Acres): 0.15 Land Use Zoning PIN: 23-29-15-86958-004-0210 From : RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 315A S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-07012 - 1408 Citrus Street - Wiggins\Maps\ANX2009-07012 EXISTING SURROUNDING USES MAP.Doc Item # 13 Attachment number 1 Page 7 of 7 Fsr... fit, t View looking north at the subject property, 1408 Citrus Street West of the subject property View looking south from the subject property View looking easterly along Citrus Street View looking westerly along Citrus Street ANX2009-07012 Wiggins, Helen V. Item # 13 1408 Citrus Street w East of the subject property Attachment number 2 Page 1 of 1 ORDINANCE NO. 8110-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF CITRUS STREET APPROXIMATELY 100 FEET EAST OF SUNNY PARK ROAD, CONSISTING OF THE EAST THIRTY FEET OF LOT 20 AND 21, BLOCK D, SUNNY PARK GROVES, WHOSE POST OFFICE ADDRESS IS 1408 CITRUS STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF CITRUS STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The east 30 feet of Lot 20 and Lot 21, Block D, Sunny Park Groves, according to the map or plat thereof as recorded in Plat Book 36, Page 2, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Citrus Street (ANX2009-07012) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 13 Ordinance No. 8110-09 Attachment number 3 Page 1 of 1 ORDINANCE NO. 8111-09 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 NORTH SIDE OF CITRUS STREET APPROXIMATELY 100 FEET EAST OF SUNNY PARK ROAD, CONSISTING OF THE EAST THIRTY FEET OF LOT 20 AND LOT 21, BLOCK D, SUNNY PARK GROVES, WHOSE POST OFFICE ADDRESS IS 1408 CITRUS STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF CITRUS STREET, 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 The east 30 feet of Lot 20 and Lot 21, Block D, Sunny Residential Low (RL) Park Groves, according to the map or plat thereof as recorded in Plat Book 36, Page 2, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Citrus Street (ANX2009-07012) 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. 8110-09. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 13 Ordinance No. 8111-09 Attachment number 4 Page 1 of 1 ORDINANCE NO. 8112-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF CITRUS STREET APPROXIMATELY 100 FEET EAST OF SUNNY PARK ROAD, CONSISTING OF THE EAST THIRTY FEET OF LOT 20 AND LOT 21, BLOCK D, SUNNY PARK GROVES, WHOSE POST OFFICE ADDRESS IS 1408 CITRUS STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF CITRUS STREET, 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 The east 30 feet of Lot 20 and Lot 21, Block D, Low Medium Density Sunny Park Groves, according to the map or plat Residential thereof as recorded in Plat Book 36, Page 2, Public (LMDR) Records of Pinellas County, Florida, together with the abutting right-of-way of Citrus Street (ANX2009-07012) 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. 8110-09. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 13 Ordinance No. 8112-09 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1876 Sylvan Drive (Lot 16, Bock "A" Harbor Vista in Section 3, Township 29 South, Range 15 East); and Pass Ordinances 8113-09, 8114-09 and 8115-09 on first reading. (ANX2009-07013) SUMMARY: This voluntary annexation petition involves a 0.14-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the west side of Sylvan Drive, approximately 170 feet south of Sunset Point 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 south. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) 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 receives water service from Pinellas County. Sanitary sewer service is not currently available 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 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. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RU 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 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property meets 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 south; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 7 LOCATION MAP Owner Donna Carpenter Case: ANX2009-07013 Site: 1876 Sylvan Drive Property 0.141 Size (Acres): Land Use Zoning PIN: 03-29-15-36666-001-0160 From : RU (County) To: RU (City) R-4 (County) LMDR (City) Atlas Page: 260B S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-07013 - 1876 Sylvan Drive - Carpenter\Maps\ANX2009-07013 LOCATION MAP.Doc Item # 14 Attachment number 1 Page 2 of 7 1,1 l' 1 4? -?I r? ? 1d r '; .1I.. ? '!'?,,., i „? __ may!!. _ ? ,? /_ t. w• -?' "1 •_ ' ?? F.. I ?' ?.? L \ ?/_111\ ?r L, R ??.._?5 w S 44 71 (? ilt -',14{ A .I` Al f.. 'C ?r C.. r? ' J y S.., ? '6' r? ? ? r •. 71. ? 1 i J? ??. ? ? ?? -aim ? F ?y?, 4t?. ?[;. _ "C??? " ? , 1 A f' ?'. "" ?•^' ? -R. . - ?K?f `7^ l ?} 159 ? R Y J' ? ? . . . ? t ? ? ??R!'%n • } . "11''???c? lot -.4 AERIAL PHOTOGRAPH Owner Donna Carpenter Case: ANX2009-07013 Site: 1876 Sylvan Drive Property 0.141 Size Acres : Land Use Zoning PIN: 03-29-15-36666-001-0160 From : RU (County) R-4 (County) To: RU (City) LMDR (City) Atlas Page: 260B S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-07013 - 1876 Sylvan Drive - Carpenter\Maps\ANX2009-07013 AERIAL PHOTOGRAPH.Doc Item # 14 Attachment number 1 Page 3 of 7 59 1920 46 192 1 91 26 1920 N N R N -. -•-..CO.:. ':: ?: FYI- : •.:O•: -..... _? . •:i-. .... :?:?• R . ...':'. ?;:. ..... ?:. ...., ':ep:. ..., .. PG ?...:: f. ".:... :': • X.J .; ..-.. • • .:".'' : . ?::'-: ': •-•.•_.. ,.... .; ?.. ..?&'.'::'.:.;',.:.....:. ??'::?:: fi'r' :inoo. •.., v 60 - - 45 1916 40 ' 1 25 191 1;-- ".; :. ;:,-:::r:'{;:; ?•.: • .JFtI"c TCIJ•?I••?:.::'•::-?•.:: .. ;. i$1 '":`' •,.::' r ; :::_:;:.,:.'^:? 44 Tog 41 - 24 1912 .• :'; :. •.•.}0.. 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'•':{ :.::44 ::.:' . • • :: ::,3::::?:_:?_'::.':.: ::: 4 :.:..::: • :::. .:: ?: :.:: •::•;':::.'::. 100 1825 PROPOSED ANNEXATION MAP Owner Donna Carpenter Case: ANX2009-07013 Site: 1876 Sylvan Drive Property 0.141 Size Acres : Land Use Zoning From : RU (County) R-4 (County) To: RU (City) LMDR (City) PIN: 03-29-15-36666-001-0160 Atlas Page: 260B S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-07013 - 1876 Sylvan Drive - Carpenter\Maps\ANX2009-07013 PROPOSED ANNEXATION MAP.Doc Item # 14 Attachment number 1 Page 4 of 7 FUTURE LAND USE MAP Owner Donna Carpenter Case: ANX2009-07013 Site: 1876 Sylvan Drive Property Size Acres : 0.141 Land Use Zoning From : RU (County) R-4 (County) PIN: 03-29-15-36666-001-0160 To: RU (City) LMDR (City) Atlas Page: 260B S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-07013 - 1876 Sylvan Drive - Carpenter\Maps\ANX2009-07013 FUTURE LAND USE MAP.Doc Item # 14 Attachment number 1 Page 5 of 7 ZONING MAP Owner Donna Carpenter Case: ANX2009-07013 Site: 1876 Sylvan Drive Property Size Acres : 0.141 Land Use Zoning From : RU (County) R-4 (County) PIN: 03-29-15-36666-001-0160 To: RU (City) LMDR (City) Atlas Page: 260B S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-07013 - 1876 Sylvan Drive - Carpenter\Maps\ANX2009-07013 ZONING MAP.Doc Item # 14 Attachment number 1 Page 6 of 7 59 46 1920 1921 191 26 1920 ry 0 ? R o ? pp ?,g: '.•::': b...'?: ?: F41.- ..O•: -..... _..,. ::-. : ..:. tp;. ;1_z. ...:??::. ::.. ?.q;. ..?•.' .':. .. ... . . - . ?. '?'`inao•.' 1920 1/ '• 60 - - 45 1916 25 ??,,yy ??? 1 .JFLrc?Vi?`lYY :: .. ; . - :.•::::.e• '? :: 981'' ` • : 4 : - '.,-.. • 44 ?1 4 1912 41 . ...?:. . •.•. ..: q o-. :: ?. •.:•.•.a ::. • ...:. ? ..... T .. .. M . ...-.?:. . . ...:.:'..:.::: : - . . •: ... . a5 : .1318 .. . ` 62 43 loiA 19112 1 23 1910 as 9D4- kl ' 010. r3 1?Y6 : a2. • ? .• 8 1 1 • ? • U:, ' ': } ' . I . 190 9 10 11112 13 14 15 16 17118 19 0 21122 6--!- ::• _''•-•_•::: -"- ' -:::+' Y•.-•• .:I::: i: _ ;{ ;•:? _ : .:'• .:.:::+'i{'•: . ; r:;.:: .2'.::'_ ?:'.ry1::. ??j•? i??'• g:: '. .{-;;.::: :: .. 0'?1+ . .• . . :. :. 1901 30 459.5 1251 416151 Multi-Farm Residential 1876 0 o r, 1864 EXISTING SURROUNDING USES Owner Donna Carpenter Case: ANX2009-07013 Site: 1876 Sylvan Drive Property 0.141 Size Acres : Land Use Zoning From : RU (County) R-4 (County) To: RU (City) LMDR (City) PIN: 03-29-15-36666-001-0160 Atlas Page: 260B S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-07013 - 1876 Sylvan Drive - Carpenter\Maps\ANX2009-07013 EXISTING SURROUNDING USES.Doc Item # 14 Y } a ? y Ss 4'?? ibp 1 .. T? i ?]' YF { !.. Oi4 P x 0 Ix" k South of the subject property K 1 ?.. i` ' 1 >. 4 d ?.y k iy View looking northerly along Sylvan Drive North of the subject property JI View looking east from the subject property "Ai ANX2009-07013 Carpenter, Donna 1876 Sylvan Drive Attachment number 1 Pane 7 of 7 Y T V4, t' 4 EI 1 Fc "?? y' iAl ? J. 4' 1'. nl f 5,1. r r} 3 Item # 14 View looking west at the subject property, 1876 Sylvan Drive Attachment number 2 Page 1 of 1 ORDINANCE NO. 8113-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SYLVAN DRIVE APPROXIMATELY 170 FEET SOUTH OF SUNSET POINT ROAD, CONSISTING OF LOT 16, BLOCK A, HARBOR VISTA, WHOSE POST OFFICE ADDRESS IS 1876 SYLVAN DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 16, Block "A", Harbor Vista, according to the map or plat thereof as recorded in Plat Book 18, Page 41, Public Records of Pinellas County, Florida (ANX2009- 07013) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 14 Ordinance No. 8113-09 Attachment number 3 Page 1 of 1 ORDINANCE NO. 8114-09 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 SYLVAN DRIVE APPROXIMATELY 170 FEET SOUTH OF SUNSET POINT ROAD, CONSISTING OF LOT 16, BLOCK A, HARBOR VISTA, WHOSE POST OFFICE ADDRESS IS 1876 SYLVAN DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 16, Block "A", Harbor Vista, according to the map or Residential Urban (RU) plat thereof as recorded in Plat Book 18, Page 41, Public Records of Pinellas County, Florida (ANX2009-07013) 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. 8113 -09. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 14 Ordinance No.8114 -09 Attachment number 4 Page 1 of 1 ORDINANCE NO. 8115-09 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 SYLVAN DRIVE APPROXIMATELY 170 FEET SOUTH OF SUNSET POINT ROAD, CONSISTING OF LOT 16, BLOCK A, HARBOR VISTA, WHOSE POST OFFICE ADDRESS IS 1876 SYLVAN DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 16, Block "A", Harbor Vista, according to the map Low Medium Density or plat thereof as recorded in Plat Book 18, Page 41, Residential Public Records of Pinellas County, Florida (LMDR) (ANX2009-07013) 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. 8113-09. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 14 Ordinance No. 8115-09 City Council Agenda Council Chambers - City Hall Meeting Date: 10/22/2009 SUBJECT / RECOMMENDATION: Continue to November 5, 2009 second Reading of Ordinances 8093-09, 8094-09, 8095-09 - ANX2009-07011 1923 N Betty Lane SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 15 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8084-09 on second reading, 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. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 16 Attachment number 1 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 # 16 Ordinance No. 8084-09 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8102-09 on second reading, amending the operating budget for the Fiscal Year ending September 30, 2009 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, 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. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 17 Attachment number 1 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 # 17 Ordinance No. 8102-09 Attachment number 2 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 Item # 17 Attachment number 2 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 Item # 17 City Council Agenda Council Chambers - City Hall Meeting Date: 10/22/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance 8103-09 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2009 to reflect a net decrease of $4,432,444. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 18 Attachment number 1 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 Item # 18 Ordinance No. 8103-09 Attachment number 2 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 # 18 Ordinance # 8103-09 Attachment number 2 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 # 18 Ordinance # 8103-09 Attachment number 2 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 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2008/09 2008/09 2008/09 2008/09 110,920 110,920 110,920 97,770 225,000 225,000 225,000 225,000 0 0 0 (7,195) 0 1,622,925 9,872,925 8,534,335 Amdmnts (13,150) (7,195) (1,338,590) 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 778,000 578,894 158,408 158,408 0 0 0 0 69,780 53,166 53,166 49,342 160,000 160,000 160,000 160,000 160,000 160,000 160,000 160,000 14,650,230 14,650,280 14,650,280 14,688,865 678,320 678,320 (12,440,503) (12,440,503) 2,065 2,749,900 2,749,900 2,627,164 2,627,164 350,000 350,000 350,000 350,000 (3,824) 38,585 2,065 TOTAL ALL FUNDING SOURCES: 45,752,220 47,947,529 44,128,445 39,696,001 (4,432,444) Item # 18 Ordinance # 8103-09 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8105-09 on second reading, amending the Code of Ordinances, Appendix A, Subject XI, Parks, Beaches, Recreation to modify the definition of family and providing additional criteria to establish the class of city residents for the purpose of applying fees. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 3 ORDINANCE NO. 8105-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO SCHEDULE OF FEES, RATES AND CHARGES, AMENDING THE CODE OF ORDINANCES, APPENDIX A, SUBJECT XI, PARKS, BEACHES, RECREATION; MODIFYING THE DEFINITION OF FAMILY AND PROVIDING ADDITIONAL CRITERIA TO ESTABLISH THE CLASS OF CITY RESIDENTS FOR THE PURPOSE OF APPLYING FEES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater provides recreation facilities and programs for the residents and nonresidents of the City; and WHEREAS, the City Council has established the criteria for the class of city residents for the purpose of imposing varying fees for residents versus nonresidents as users of City recreational facilities; and WHEREAS, there is a need to modify the criteria of city residents to more accurately reflect the intent of meeting the needs of certain groups of people such as active military and retirees of the City; and WHEREAS, the definition of family needs to clarified for purposes of employee families and active military families; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby amended to read: XI. PARKS, BEACHES, RECREATION: Use of facilities by nonresidents (ch. 22): (1) Effective June 1, 2005, nonresidents who wish to rent or use city recreation facilities or programs may do so by paying a nonresident fee based on the following formulas which shall be administered by the parks and recreation director: (a) Nonresidents. Department O&M Budget + indirect overhead - budgeted revenue = Net budget divided by population = subtotal Subtotal + Capital Improvement Program recovery component + Card processing fee x surcharge factor = Individual non-resident yearly fee Ordinance 48MEM919 Attachment number 1 Page 2 of 3 (b) Annual nonresident family fees. Individual nonresident yearly fees x 2.5 = Annual nonresident family fee. (c) Options in lieu of nonresident card purchase. 1. Pay non-card holder rates for tennis, swimming, classes, and/or admissions. (These fees will vary depending upon activity, however in no case will they be less than or equal to card holder rates.) (d) Surcharge factor: Surcharge factor is established and adjusted by the city manager or his or her designee in order to address the economic climate. A current fee schedule including the surcharge factor shall be set out in parks and recreation departmental policies. (2) The criteria which establish the class of city residents for the purpose of the fees above are: (a) Permanent residence within the incorporated boundaries of the city; (b) Ownership of real property within the incorporated boundaries of the city, as evidenced by the official tax rolls maintained by the county; (c) Tourists and guests temporarily residing at properties three months or less, within the incorporated boundaries of the city as evidenced by a motel key or another resident member; er (d) Persons who are employees of the city, and their family which is hereby defined as: "Husband and wife or legal guardian and their children who live in the same household, who are 18 years of age or under, or less than 23 years of age and a full time college student"; their spe °16 and nhildreA whn lido At ht-:)me (e) Persons who are retirees of the city of Clearwater; (f) Active Military personnel and their family as defined in (d); (g) Full Time employees or clients of the Upper Pinellas Association for Retarded Citizens (UPARC), for use of the Long Center facility and programs only; (h) Corporate memberships (for businesses within the incorporated boundaries of the City) where the first ten memberships of the corporation are paid as applicable non-resident fees; the eleventh membership and over are considered resident memberships with applicable resident fees being applied. Ordinance 48MEM919 Attachment number 1 Page 3 of 3 (3) Nonresidents who wish to rent a city recreation facility must possess a nonresident card or pay a ten percent surcharge for the rental. (4) In programs where rentals are charged, or where enforcement is impractical, or a majority of the facilities used by a program are provided in a municipality other than Clearwater, the nonresident fee is not required. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Laura Lipowski Mahony Assistant City Attorney Ordinance 48MEM919 City Council Agenda Council Chambers - City Hall Meeting Date: 10/22/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance 8106-09 on second reading, rescinding Sections 32.272(4) and 32.288 of Ordinance No. 8025-09. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 20 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.IWOOATO Attachment number 1 Page 2 of 2 WHEREAS, prior to the adoption of ordinance no. 8025-09 on June 18th, 2009, the requisite statutory requirement was not met; thus, it is necessary to rescind sections 32.272(4) and 32.288 of ordinance no. 8025-09 in order to satisfy such statutory notice requirement before taking future action to phase out the permitting program; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Sections 32.272(4) and 32.288 of ordinance no. 8025-09 are hereby rescinded, and the pre-amendment language shall be take full force and effect. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. $9*-#T0 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve contract with Northeast 11, Inc., DBS TC Specialties of Tampa, FL, in the amount of $470,000 for utility bill printing and mailing and for mail processing services and postage for the City of Clearwater from November 1, 2009 through October 31, 2010, and authorize the appropriate officials to execute same (consent). SUMMARY: In 2009, the City decided to no longer operate its Graphics Department which printed the utility bills for the City of Clearwater utilities. The City issued RFP 27-09 to solicit proposals to print, apply postage and mail utility bills and to pick-up, process and apply postage and mail general City departmental mail. TC Specialties was selected as the vendor of choice from respondents to the RFP. The terms of the contract provide for: Printing, processing (including insertions as required), affixing postage and mailing of city utility bills; Vendor provides all bill stock and envelopes (mailing and return); Pick-up, processing, affixing postage and mailing of City general department mail. Estimated costs are: - Professional Services: $92,000; - Postage - Utility Bills: $274,000; - Postage - City Departmental Mail: $104,000; - Total: $470,000 Funding is available in FY 2010 budget. Professional Services will be charged to 0555-09782-530300-519-000-0000 and charged back to the appropriate departmental cost center. Postage for City of Clearwater Utility Bills will be charged to 0555-09884- 542500-519-000-0000. Postage for City Departmental Mail will be charged to 0555-09872-542500-519-000-0000 and charged back to the appropriate departmental cost center. This contract will be monitored and will be reviewed annually. This contract has two (2) one (1) year extension options with the consent of both parties. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $470,000 $470,000 2009 to 2010 Budget Adjustment: None Annual Operating Cost: $470,000 Total Cost: $470,000 Cover Memo Item # 21 Appropriation Code 0555-09782-530300-519-000- 0000 0555-09884-542500-519-000- 0000 0555-09872-542500-519-000- 0000 Bid Required?: Yes Amount Appropriation Comment $92,000 Professional Services $274,000 Postage - Utility Bills $104,000 Postage - City Departmental Mail Bid Number: RFP 27- 09 Other Bid / Contract: Bid Exceptions: None Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 21 Attachment number 1 Page 1 of 11 ?Ra S, ' ' V K ii i EC""f ROP-A t. Term 1.01°1 1 ' ? - A pf F(i. I1'fi'] x`,01 Tc le to t11 n71?????>7 3.01 All ? huf11 I sijlit'1 "?,?(J 111 c1 lll?r,ill?,'I" d;i,3Pl`;I fi'l'l` tll ?? ?? L71 I ?`, I l 111 I 1 E M11bit I.? 0t Ip ,Ili' ,[IT! ),02 III 111 ? ? 1 t i?, n si::I""?'1...?':, 1'I _ihpl 1' ?I7J[ i;; tilll ':I'-':IZIl?1? y 4 ,11, 15 IEE L€ l?"I? ,I1t"dCI?FE i ; i? ail !t ll 11?E_.11,? Il?, I 1 3.43 111 tI Irf1 r, st;?lii 111 111 tIJ11C1 _ „,'.11tab] 111 Jl_ ill 1j1_r'll.llt! Il1i _C U1',',IJllll', Item # 21 Attachment number 1 Pagge 2 of 11 fit i v"i.ces to be deficient. Within five (5 511 $3 li? 1"C` i)ccialtics sli:ill eitliei,correct th(-., ?£?rrit?l'1lIL111`11vi- enrrectIve n:-11 YM t1 1`F1 11-., (_'i." ?.J?. ch appCC1 tlll fl,lt f7', k 11 t+z11 lf -i Ifll 'lip' 1 C pecIa"L.1" 1Lit-1?I = t ? II1_'CI SUch correctivc:ic.?1:1€i within 'he Eit11i? liF? id1:fL iII she plan sly. I. 1'1_.:"1 1 1 [1011- performance by TC Sp Oi-,J E 11I The (' it ",' : hall then have t'- i,, i II, tern-iinatin this A rcerr ra, set fdi-th i , n 10 criO 4. . - ctA ,1aIi ? ?i Ln°?i f:i n an' , ?, T'hrr `4It Jfft 4.01 he Cit .'<l1iriitiisLiator" f,_?' Will ;;wl°va ;,1.` CYC; 1 .1€ il1 hf L''.-;f ? .? l eclaflE? "{ the Cit,, awl vl?, 11 ill he tllc tLi_ti.°. 1 t , d Ll a _Jty. TC; `1)I.E.:];Jj €_. V"ill direct it regard Inor this <2? n, .€l1' x,t to tl;? \dministrator and sfl,llf t' 'L fully protected in rel -ing upt'ri1, 1`0111 the ContrclCt Adt _,itu.-Arator. 402 TV Speci,::ltic shall cfl lit li,_ ,_ ". i.te Nair ,,I r?-r 'tureement. "1`" , bite be 1 - c11a; of th d .. -to- day c" livery sa' t hereundcr a€i.l will be the puii, ui. contacL loo all operational issues V.;:tt arise.. 4.0 .1.C N?, ill r activity reports to the CI ,. tLll i ?; ,: tablished in form it inutually agreed upon 1,y I -t11 p lrtil,s. d1:111 fU lintain accurate recordev I X111 'r?tr.?;:??i!tts billable to, - T E 1Ice a-JI and '?.? ", [7-l C'[Il fi°ls de by, the City Ll_ilil r this s SPCC L]ntir10 iples. C ?? , ?c.l[7f ?l rf If't;csri? for p?--riod (,T two ?.'_'i-rs After T 't"it" '71-1,111 IT i14.%c.? to such t1 ti1- , It r i <<? T?' _?? ra frees 11 o n_?frr1 tl rl.lt:l[U 11f7i1['s 1111"li;' ?1,?' 1-1,,Aod in rel:iillred t 1 ?i?ill"It ili L? LlC1, tl,i for the pu accuracy of'the C-1 i ?,, k] if l [, -,r f r 'any tither reasona'_,l,v, purpoL- , 4.05 The respective party v.ilf Llive Prior 1-, _u to the tither party of any cLL ii.,+. in the Contract: r'!'Rclillilii-,,i%ii:ir or Site Manager, !.t"TI . Prices and Payment Terms 5.01 Prices for Services to be provided hereunder are set forth in E\niiw 5.02 The w ,nlhly charges for Services will be billed at the end c I,,-, 1i h in >rlil=-l) -uch charges incurred. Payment by the Cl" it 1.1 f su.? to F.Sj. 218.70 Florid;E l'r, ,ail t Payment Act. 2 Item # 21 Attachment number 1 Page 3 of 11 .01 1?. ?1i ; 1icil ?I'Irln II III I 1 111 11 I I I-)<<.,,, M °1l 1ill Ili„?: li han l t 11,, hii'a Liability Ltn,' _ r I° "- ?!I 1 ?, III W '1 the X11" Ofi1- frog at C11 111jury ,1 lia; C end C II1It ?; 1 I IIII III'f lh( II l? 119?- IIIII I II 6021 "t1„ ;?. ???"rork to -r!Jl l?? ?l N? ?1q i n 6.01 (Q, .03) Alt 1?1-hi 11',11,1zist le I,-'j. ? I 7-,, vide the City wi .05 T'l such cer1i.'-,_ nd _-l °-,_1 II- I i I 1 ? Item # 21 Attachment number 1 Page 4 of 11 ?' elf ?' I i 67 t_) C.1 1" !,ylF? ?,'1 11a 7.02 I,{C:';111II vi.. II,'.I.. 1 11 1- ? 1 li.1:1 (111c.: -'-11;s iIillll ? 1[I? I'll, tf ,??I? 1}IC ??f1.1!? ? ,',C f1f €! ,1 f 1 ?;' Ilf.il ,11 ?,?; .' €??_' 1 F IIJ?-? ?Ill'? ill :•fud rl - 11-1:: ? I ?-°?u' Ill ? I?IJ-Ir'I? i '1,:11 t 1:-1 1-,) do o ? ?1'1_. b '. li I rc I.nablc direct oul-of lp J?: JDIC1_lrlI' d aS 7-04 T'C ?. IEd i -, iaximmi lia,biiity t1,1d? i ? Iii In 7 is liil ,n 11?_?1,11 fE 1°t11 in StL,[ 1?l? in . 4 Item # 21 Attachment number 1 Page 5 of 11 7.05 The City's mtximun1 hibility I,,l:ii_'1 S. 'ctton 7 is limited t+' " mounts set forth in Section 9. 'TON 4 Confidentiality and of [rat, ?re 1 Property; .! l :'..'knowleclges il, It to providin 5s 'iln.` cr it to cotl.tacflvnti it + T- pr,-tct .ry ?1ll.,Er, _?i 1i ;1 11 City, its 1`C,?eci T1` ,J ?]"1 l I 1 f tl??t itlt,lt'll ia? ?. 1n n` 1N tlt_ 4.1 Gs., 1 ls+l?1?L? 1 i try l 7•. to fuhill its u, _l,_ this ?,,.„ nt L and agrees t+? Ill:,lil inforrilation ;in coI rl_ I C. 02 I in.E irli its aril°,le. and irirl''I,,,,i:,dent c? r1[s',?? L_,r5 who rettrrir? ? (+) inf?n T I 11ill I, ol° !I:,, C-tyf, its ;EI ? 11i 'tcs, oI Cl1?l7T . I;t +>rcfcr for (-, to petlE_r[m the 11'?''icI_ll€C1r_r of the eotlli l?_aCir?llitr, oblioatio11 , ,?1. f orl Ji.. above, and 'I ?-,,-„1•IITi,_? "- Lse them t I1i+1c by such o131iions, U l lam?) nil.: on Li bilitv 9.01 In no event: shall either party= to this Agi ',rrtent be liable to the ether i,)r special. cor , lucntial or indilwct Withortt li110`11i,,?, JOSS Of rtlaticll I_ _I ;Ir")tS,,i,i1)+???.s ollpcrtLittit or el ? any 9) 02 Th, City's maxima i '!ability l6r any claial" C, l'atev r rt:,. E or n1 1, :lrinr 11crell. ~r it it lcrllln'fv TC" tlTi+_ _ ! aH be fiiiai? ' l to those 768.71-, of $100,600 foi- any JU'll') for all" Ui1l,' )l'e'i l+ciii or Ul, i:drrence. l{:CTIts Ill - at.; air 10.0 I In the event o 1` substantial non-peel (.: IT u'-cc, as d ..? 1 ' its Section 3.4 3, the City :1:;,i1 i 7,,re the right to terminate this A _cr]_ I,'. 1ij)on 3 days prior rii LE•fi I atice. 10,02 hi addition to all + 11 _,,. ri 1,l A '. or remedies provided for in this Agreement or by law, tHs 'I.?+1 : ii-:,,-,1i€ ?;hl ill atitornatically lerijimile in the cvi,llit that (a) a party l1•. + tE' .,11_il l 111x1•;: general assi,.,n Ii.' 1t for the l-i ?iiefit of creditors, (b) 7 p-in., llcLll_i E -?icitzits is ritita its ita fi?liLT . ?.i,, 1,_°bLas they nnatu1-,-?, I?,+.) t1. tiu,il.+:_-. custodian or t?er,ri??et° is ?,1,p,,1?iw,l ,)y= aliy count with I,j a partl l,.'rcto or av j lJ _;"+:111J irty!' assets, or 4C'i` ,;`_tl action is taken by, or or VI I.;+:?}1 '4cU I+'? 1 14 ` or hi v`s relcttln tt? Vic cl' il1 rs , Itl lf.l , tYi ' (C° i 'Ia: i t31 :Cr j'IGy Act, and such action is ncd + l 'il li-,cd within thirty= (Jlki 5 Item # 21 Attachment number 1 Page 6 of 11 1x11 tict i 122.01 Ail ,,, ':.if-IC illy ill this 12.02 At 1_:,I 111'° w,,it)i_`fl'lcd only l-, `1C Il'al wriftrt t)oflj &I ?WIl IfI Il ilt. `''TOT'. n, HI'll 6 Item # 21 Attachment number 1 Page 7 of 11 the partic, t?,, !,iave executed this Agreement as of the Bv: -? l I t ?'? . a= ? ? ? ?r '" . Item # 21 Attachment number 1 Page 8 of 11 SERVICES A(- 114- '- -1 ENT Exhibit A _e Pi,iii, Process and ?flail City ofCleaiv l h'ir f_liility Dills T Specialti.:, shall print the City o! Clr°,n 0 l.L'; ,;.1.. Utility bills. rem'r, notice bills, 1lii,4 frills and remi?tcl._-"r ll?i 3€ I,fII. h cf;r,,,, five (5) days per %v(-Ll:. (Monday - l i i.'ay) ex,-11tdin tern (10) C.it'I I i. l i,. (1,, ,,., _lpon receipt fron- the City of are eleclror'ic fil of the krill images rid in a portable document format { ;,•ii?1 or ?:1t11, 1 ?::i,?ctronic fonriat that thl. C id, nLa,. li--?,t to m,-. The City shall clectr?_,iriu; illy "r, nsrnit to TC ?lr?tcinltie.? I:::? ?,?,iti lilt 11;11 + h l,rr. t,?:d that day. The city shall tcansmit such tilt: to fC a. l,ti,i"[ , hills shall be prim: cl bill stock or other City 1 'Irrrl i_tt1_,-l stock.. PTI ii?i::i?. .lr?il1 h c supplied by b. IBC l:a11 p-illi` I,il l? ? : r lr i.ln ,?? I (flat will allow tl:, 'u111, to be 17re)Ce -,a .- j_ll i ? E1Cl r,r ill?;l I.i?' zrame cay aS .- : ,ill- a report that 'tl?,-, the. e. 'I' nrtmb- c)_l_ well as arl _.?,:'t';'l1C)Ir report th• t >>Ics the numb r I. hilfs riot printed, the rea!-:-11 fear not printing :ind which identiile.? il,ose frill , shat were not printeel. 2. `1`C Specialties s11-i°1 r.31. ll inted bills that havf bc,,r 4 ; cviotisly idetl'.li,? I h"; L.,.. City to bc" i?l th._ City from the mail procc.l,-Jn` treain. TC Sp c-i;l i - , hl d l cleliver rl Pl rated bills to the City t IC same d:r', i-lcra TC spec ;11 11is (",;.tip the. , ,itr City mail frottr the C il% I'l erlity. ;1,-cif.1 In Al-ea T of . '1'C: sh if f;lcl rid insert one regcsl.a.r iltilrl,• 1 ill, one insert (to be supplle t month 1):`r the City), and one prepriiiicd iottirn envelope (419) into prcpri1-itLi.1 'itay erxVIUIO L; (410). a. TIC Specialties shall Supply the. 1,1L.-,11fllrl c r.--tarn en elope, (-`?1 and the preprinted. City eri elope (#10). b. TC: Specialties shall insert additional insei-t :frrri llr,ly he requested by the City and target,--l,1 for special =.ilings. TIC lrIL" shrill notify the City- of Postage rii I JtIe to 1If[ ',1 1"'s !l'I 111 c:;iijl'inr1 if inserts. The City will instruct TC pecialt e : ho°,;,, . 4. TC y'1,,-i,Iltics shall fold ,11-,(i it-l. ?r+ rc°n~ilacler ncrtic4,, (no envelope or other inserts regti7z .l Iiito preprinted Cic env- I c; 8 Item # 21 Attachment number 1 Page 9 of 11 a. "1 C, l-r°r,-]' I i , shill supply the preprinted I!, r .l `-T- (111 ! 1. 5" ll 'q,c hi1tjcs Icl'.I Ll_l ?I[? ?ll f 'iii;iI?I' l.il 1__ li?l CI aii _ cl LII ?1 „ll it l.lr'I, ?'; Iyl_ 1111 Ill 1?r' li 11 ?.'''7l TI`.'' r1I? 'I k:1IL 11 1 J 1.3111615 X1(1';; ?. aIi !!kIll lnserd Sidi ll'li?',li it 1C'III, 1"y it ?J and I,i'd roT ?r"fa,zing the nic-t is-?s per 1 II 1 ,I,. fit. 1' - ? k-liver all -,rilli', 1 111 1 111, l C,'Ity titillty ills, 1-Ill tsiat ;i 1-)+:: rcmi-ii-'d i.- 31,t'. +'Av, t'.'1 111.` 1"o;it Off-Ice till tlll- .;ill' 1 ?jS til'llll it iii 1 lil fliIt?' a,'i day rr., lli.'. I ll, 1 I l I I 1 1 1 1 l I I I I I 1. &1 1 1 ?1. 111vir r, ll aTIL- 1,1 l?? ,ll,w T',rll . .•r° `T1" f9'717°,' 1 11?° _ ill ell '1( ilI re m li 11 ritill l ,i?t' 4 llPt, C (I'' l?l '`' at lC': 1 t', ill } i;iw, ilk IIII 1111 l):l l?. II ?.` + i i ?_llll 1 'II ? llrecord itr'.Ill; I,1 Ity upon JICLI` oil: fail 1. 1? X11. hJ1l l I._ II _ll!?; i_??# k +`,:Glllillil,'_= I.?T1.Illl ` ?1[y l .`54?v'?'E']i 1).1$. L 9 Item # 21 Attachment number 1 Page 10 of 11 Mlrnic" i r(' -'. E ? -ll 1.11€a `, Cf]"1;t1mi I1-I}I trI]]k:[1i, 100 S. Myrtle .%', c1)) [ C , Clearwater., FL 3-)756. 2. EacI ?, : fl 1'C;; `;} i?-jf'ic.s shall pick up and store one. (1) m )r `1'the rnorititly rttiIi ty bill iti?rert to be inserted with Ph , utility bills as sr ,.-' r ° LLL! I. J. T(° ` cialtic5 wilt meter City lacPartrarcr°,t T,. ,1 andappl,,ingcorrect T C Slrccialt .. sl'a.ll ban- d,. ,riid sort 1 "cpartra ent. Mail 0, through Au ;,>rIJ?1,S u ', ?1 E:tx,c7 C';_?unts. 1 ;tittal r 5. Postal Classiircc'. ?-i ill be first class mail. . `l,C" Speeirilti(,-`; 11:x11 i-, -,ess ,:11 City Department Mail and deliver to the Postal ,,. 1.. 4I rtla to eras tire same day mailing. T SP 1'', 11-a(,k C. ',°, 1 i. artttralcrrt Mail costs an l pr ,,Ad.c. corr'csPonding ta-toratlal j t"' i 1 ' voices 1-o; t h,' Dth Jay o1 the loll, ?'c,'] f w [ i i o-r?1'Cla. as llti.° ztfF_ rttl7ly report shall rtic;lt]rlr-. 1 ns#u rode, llhl?1 ? 0Niec=es seat b" C"If.1' 1[ 1J1 '+ It;'_-r to ?Ln? t, and the tcat.rl f0 .t-d?-i 1_reParw? 'trtr 17. 'l'11o rii i ii-,.'oice shall rrrclurl?,v9 [cc tii_l,1t}t?t j. 01. processed at tC1 L?" [11C total Pr t<< ?' rt 3 r r l?a.la.rE of the P(rstati,?e .11711_ tC3 include trl?_ iiio atkrl ` -iinol3tat r+ ] into escrow, at"r1oL111t L`,-'r:1 l}iC` 11E,?]i?ll Ci1LPltaE? ?.:?:1] r: F111a the i-haS'oed by the TC "talaltI 511 11 I'.:?ord on a d a1v IL,,?JL:" ?lrat saP OIt tlxo r(,i?il tirlaall 17c rTaade a??,,ll??l)1?' to tl?-- CrC°'` 1 Item # 21 Attachment number 1 Page 11 of 11 Exhibit s l-v`, Area I •fll. to 4? r,.k ttt7 Ll?l? ??.... ` supply all kenvelopes and 1 $ 1,614, it -I i i .?_iIIL Meter, co-aiingl ,; harcode aiQLl. di-]iv, I t1?w u,i1iI l,il,[s 1. i1? s pc f. ?,. l i_L T, price of'$ x.10822 per item lu:; alk all uL1 i,.: f S],+ eia tics agrees to rtaetera 1-?_ .41•rt daily ,i°,.d feces by de?7?t"?:1`Ilen , _ laarcocle a • I Ij -11 -r the i ti,ti l , { :1v 'z) the post I[ a per pica; price oil' o.O,),. i"c r f 7?ti agrees to pick-Lip Bail- C ? ?, ]?srici,Lr+t mail at a trice of $4.00 each day thi.- . vill include picking tip an e.?lc'i?i tz.?l .ii crl-, lijin the City. Item # 21 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in the amount of $436,380.00 for the purchase of one (1) new Pierce Heavy Duty Velocity Pumper in accordance with Sec. 2.564 - (1)(b)and(e), Code of Ordinances, Exceptions to Bid and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater Fire and Rescue purchased five (5) front line fire engines in 1999 and established a capital improvement project to fund the replacement of one of these units each year starting in FY 2010. The first of these units, Engine 44 based on Sand Key, is ready for replacement. Engine 44 is scheduled to move to the reserve fleet and replace a vehicle which has already been retired. The new unit will be stationed at Station 45 due to higher call volumes experienced in downtown. The Department has determined the Pierce Heavy Duty Velocity Pumper built by Pierce Manufacturing meets the operational needs of the Department. The cost of the unit is $448,940. The manufacturer has offered a discount of $15,260.00 if payment is made at time of order. The Department desires to prepay for this purchase and take advantage of this discount. To protect the City's interest a performance bond will be purchased for $2,700.00, which guarantees performance of all terms and conditions of the contract and of the basic one year limited warranty agreement. The performance bond will specifically cover the performance of the contract according to its terms and conditions, as well as payment of all related bills and encumbrances. Prepayment and purchase of the performance bond results in a net purchase price of $436,380. Penny for Pinellas funding of $450,000 is currently available in CIP project 315-91218, Fire Engine Replacement, for this purchase. Pricing is valid up to November 1, 2009 with a delivery time of April 2010. The City will be reimbursed by the County for a portion of the purchase, approximately 13%, as the vehicle will support fire operations in the unincorporated areas of the Clearwater Fire District The remaining $13,620 in project funding will be used to purchase fire hose for the new unit. Estimated annual operating costs in the department's annual operating budget include fuel and routine garage charges for operating the new vehicle. Garage charges on the new vehicle are expected to be less than on the replaced vehicle. This purchase is a piggyback of Lake County Contract 08-0803. The Pierce pumper is the City of Clearwater Fire Department standard for the purpose of training and maintenance. Custom components have been added to meet the needs of the fire district and surrounding municipalities. Warranty: Limited 1 year warranty for 12 months free of defects in material and workmanship; 3 year warranty on the Impel/Velocity custom chassis; lifetime on chassis frame crossmembers, Imp/Vel; 5 year on EVS transmission; 5 years on command zone components, Chassis, Vel/Impel/Qtm/AXT; lifetime on UPF and water tank; 5 years on waterous (pump); 10 year on S/S plumbing and standard paint; 10 yrs or 100,000 on vehicle cab and body; and 5 year or 100,000 mile warranty on engine provided by Cummins. Maintenance: Ten-8 Fire Equipment, Inc. a full service apparatus repair facility, will perform all of the warranty work. Our City's General Services Division will perform routine maintenance and testing. Annual pump testing will be performed l?yo ouroistics Bureau in accordance with NFPA standards. Any additional repairs can be contracted through Ten-8 at an additional cost per their service fee schedule. Item # 22 A heavy duty Velocity pumper apparatus provides exceptional pumping water capability, enhanced storage capability, lower vehicle profile and will significantly up-grade the abilities of the unit it replaces. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Pierce Manufacturing operates a Quality Management System under the requirements of ISO 9001. The apparatus will meet the current NFPA 1901 recommendations and will maintain design and operational features consistent with the department's needs. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: 450,000.00 Not to Exceed: 450,000.00 For Fiscal Year: 10/01/2009 to 09/30/2010 Budget Adjustment: None Annual Operating Cost: 25,000.00 Total Cost: 450,000.00 Appropriation Code Amount Appropriation Comment 0-315-91218-564000-522- 436,380.00 000-0000 Bid Required?: No Bid Number: Other Other Bid / Contract: Bid Exceptions: Government Bid Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 22 Attachment number 1 PROPOSAL FOR FURNISHING FIRE APPARATUS City of Clearwater 610 Franklin St. Clearwater, FL 33756 Sept 28, 2009 The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisc, the apparatus and equipment herein named and for the following prices: One Pierce Heavy Duty Velocity Pumper The cost of the unit is $448,940.00. The pricing of the unit is based on the current Lake County Contract # 08-0803. This is the same Lake County Contract that Clearwater has utilized in the past. Available discount: 1) If Clearwater pays for the unit in full at the time of order you can deduct $15,260.00. The price for a performance bond is $2700.00. QSD 1397 Total $436,380.00 (with full prepay and performance bond included) Effective: OWM/#-(22 Attachment number 1 PROPOSAL FOR FURNISHING FIRE APPARATUS Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war, or intentional conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 150 working days after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at Clearwater, Florida. The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within 30 days from date, the right is reserved to withdraw this proposition. PIERCE MANUFACTURING, INC. By: John D. Thompson SALES REPRESENTATIVE QSD 1397 Effective: OWMA(22 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to Arbitrage Compliance Specialists, Inc., of Centennial, Colorado, for arbitrage consulting services for a not-to- exceed amount of $50,000 for the five year period ending September 30, 2014 and authorize the appropriate officials to execute same. (consent) SUMMARY: Issuers of tax-exempt bonds are required to timely file IRS Form 8038-T and remit any positive arbitrage on every 5-year anniversary of a bond issue. Positive arbitrage is the ability to obtain tax-exempt bond proceeds and invest the funds in higher yielding taxable securities, resulting in a profit. The IRS rules regarding arbitrage calculation are complex and most municipalities elect to hire experts in this area to ensure compliance. Arbitrage Consulting Services, Inc (ACS) was selected from a group of nine (9) national firms responding to RFP 22-09. All nine firms responding to the RFP were deemed responsible proposers and were differentiated primarily by cost. ACS submitted the lowest cost proposal and maintains an office in Orlando, FL. The total cost to be incurred over the 5-year period will be determined by the number of bond issues outstanding and the complexity of the calculations. It is not expected that the total cost over this 5-year period will exceed $50,000. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment: None Budget Adjustment Comments: Fee are paid out of the respective debt service funds for each bond issue. Current Year Cost: Annual Operating Cost: Not to Exceed: $50,000 Total Cost: $50,000 For Fiscal Year: to Appropriation Code 2xx-07000-530100-xxx-xxx- xxxx Bid Required?: Yes Amount Appropriation Comment $50,000 paid from debt service funds associated with the bond issue Bid Number: RFP 22-09 Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City 9MRkb") Clerk 7) City Approval: Manager 8) Clerk Item # 23 Attachment number 1 Page 1 of 4 f Item # 23 Attachment number 1 Page 2 of 4 th „ Item # 23 Attachment number 1 Page 3 of 4 t Ml c 3 w Item # 23 I Attachment number 1 Page 4 of 4 Item # 23 City Council Agenda Council Chambers - City Hall Meeting Date: 10/22/2009 SUBJECT / RECOMMENDATION: Ratify and confirm Grant Agreement between the U.S. Department of Transportation and the City of Clearwater. (consent) SUMMARY: The Department of Transportation/Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued to Clearwater Gas System a $50,000 technical assistance grant to perform upgrades to our Geographic Information System (GIS). These upgrades include scanning and digitizing of our old microfilmed service line cards. The Grant application was submitted on May 29, 2009, and was awarded on September 28, 2009. A first quarter budget amendment will establish project 181-99861, Gas GIS Upgrades, in the amount of $50,000. Type: Other Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: 50,000 Not to Exceed: 50,000 For Fiscal Year: 10/1/09 to 9/30/10 Appropriation Code 181-99861 Budget Adjustment: None Annual Operating Cost: 50,000 Total Cost: 50,000 Amount Appropriation Comment 50,000 Stimulous Grant Funded Review 1) Financial Services 2) Office of Management and Budget 3) Gas System 4) Financial Services 5) Office of Management Approval: and Budget 6) Legal 7) Clerk 8) Assistant City Manager ED 9) Clerk 10) City Manager 11) Clerk Cover Memo Item # 24 Attachment number 1 Page 1 of 7 GRANT AGREEMENT DTPH56-09-G-PHPT23 GRANT AGREEMENT BETWEEN CITY OF CLEARWATER, FLORIDA 400 N. Myrtle Avenue Clearwater, Florida, 33755 AND THE U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION 1200 New Jersey Avenue, SE, E22-229 Washington, D.C. 20590-0001 CONCERNING "Technical Assistance Grants Program" Agreement No.: DTPH56-09-G-PHPT23 Total Amount of the Grant Agreement: $50,000.00 Government Funds Obligated: $50,000.00 PHMSA Line of Appropriation: 5172A09DA0/2009/50D02040001PSGRT03030/41050 $50,000.00 PR# 956-09-6051 Authority: This agreement is entered into between the United States of America, represented by the U.S. Department of Transportation (DOT), Pipeline and Hazardous Materials Safety Administration (PHMSA), and City of Clearwater, Florida, pursuant to and under the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006, Section 5, codified at 49 U.S.C. §60130, Technical Assistance Grants (TAG) Program. CITY OF CLEARWATER, FLORIDA Signature U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA) Signature .afar ter, SEA ) 2009 Name and Title Date Date SE 10 2 8 2009 Effective Date Pa fIb#724 Attachment number 1 Page 2 of 7 GRANT AGREEMENT DTPH56-09-G-PHPT23 TABLE OF CONTENTS Article I. Award Information .................................................................................................................. 3 Section 1.01 Grantee Inforination ....................................................................................................... 3 Section 1.02 Awarding Agency Information ....................................................................................... 3 Section 1.03 Basic Award Inforination ............................................................................................... 3 Article II. Background ............................................................................................................................. 3 Section 2.01 Background ..................................................................................................................... 3 Section 2.02 Statement of Purpose ...................................................................................................... 4 Section 2.03 Specific Objective(s) of the Agreement ......................................................................... 4 Article III. Expected Program Outputs ...................................................................................................... 4 Article IV. Deliverables ............................................................................................................................. 4 Article V. Dissemination of Technical Findings ...................................................................................... 4 Article VI. Delineation of Tasks/Deliverables .......................................................................................... 4 Section 6.01 Incorporation of Grantee Application ............................................................................. 4 Article VII. Agreement Officials ............................................................................................................ 5 Agreement Officer (AO) .......................................................................................................................... 5 Agreement Administrator (AA) ................................................................................................................ 5 Agreement Officer's Technical Representative (AOTR) ......................................................................... 5 Principal Investigator (PI) ........................................................................................................................ 5 Article VIII. Terms and Conditions ......................................................................................................... 5 Article IX. Special Terins and Conditions ................................................................................................. 6 Section 9.01 Modifications .................................................................................................................. 6 Section 9.02 Travel .............................................................................................................................. 6 Article X. Reports .................................................................................................................................... 6 Section 10.01 Final Report ................................................................................................................ 6 Section 10.02 Federal Financial Report ............................................................................................ 6 Article XI. Consideration and Payment ..................................................................................................... 6 Section 11.01 Request for Advance/Reiinbursement ........................................................................ 6 Section 11.02 Approved Project Proposal/Budget ............................................................................ 6 Section 11.03 Payment of Advance/Reimbursement ........................................................................ 7 Article XII. Attachments ........................................................................................................................ 7 Pa"Tcff 4 Attachment number 1 Page 3 of 7 GRANT AGREEMENT DTPH56-09-G-PHPT23 Article I. Award Information Section 1.01 Grantee Information City of Clearwater, Florida 400 N. Myrtle Avenue Clearwater, Florida, 33755 DUNS: 078307303 EIN/TIN: 59-6000289 Primary Contact: Brian Langille, brian.langille(ci)clearwatergas.com, (727) 562-4911 Section 1.02 Awarding Agency Information U. S. Department of Transportation (US DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) Office of Contracts and Procurement (PHA-30) 1200 New Jersey Avenue, SE Room E22-305 Washington, D.C. 20590 Primary Contact: Maria Munoz, maria.munoz(ci) dot. gov, (202) 366-5513 Section 1.03 Basic Award Information Funding Opportunity Title: "Technical Assistance Grants (TAG) to Communities Program" Funding Opportunity Number: DTPH56-09-SN-0003 CFDA Number: 20.721 Award Type: Grant Agreement Award Number: DTPH56-09-G-PHPT23 Project Title: Geographic information system (GIS) of distribution system. Project Period: Six (6) months from the effective date of award. Grant Amount: $50,000.00 Article II. Background Section 2.01 Background Experience shows that informed communities play a vital role in the safety and reliability of pipeline operations. The Technical Assistance Grants (TAG) program, first authorized in the Pipeline Safety Improvement Act of 2002 (Pub. L. 107-355, codified at 49 U.S.C. 60130), offers new opportunities to strengthen the depth and quality of public participation in pipeline safety matters. Section 9 of the Act, titled: "Pipeline Safety Information Grants to Communities" authorized the Secretary of Transportation to make grants to local communities and organizations for technical assistance relating to pipeline safety issues. The TAG program was then amended by Section 5 of the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006. However, FY 2009 is the first year in which PHMSA has received appropriations to fund the grant program. These grants will provide funding to communities and groups of individuals for technical assistance in the form of engineering or other scientific analysis of pipeline safety issues and to help promote public participation in official proceedings. For purposes of grants eligibility, communities are defined as cities, towns, villages, counties, parishes, townships, and similar governmental subdivisions, or consortiums of such subdivisions. A nongovernmental group of individuals is eligible for a grant under the TAG program if its members are affected or potentially affected Pa " 4 Attachment number 1 Page 4 of 7 GRANT AGREEMENT DTPH56-09-G-PHPT23 individuals who are, or are willing to become, incorporated as a non-profit organization in the state where they are located. Section 2.02 Statement of Purpose The U.S. Department of Transportation (DOT), through the Pipeline and Hazardous Materials Safety Administration (PHMSA), award grants to obtain funding for technical assistance in the form of engineering or other scientific analysis of pipeline safety issues affecting the local community. Section 2.03 Specific Objective(s) of the Agreement Create a geographic information system (GIS) of distribution system. Article III. Expected Program Outputs Under the terms of this agreement, the Grantee must demonstrate completion of the work through the actions it has specified in its Application. ¦ Create a geographic information system (GIS) of distribution system. Article IV. Deliverables The City of Clearwater, Florida must submit the following reports: ¦ Final Report; and ¦ Federal Financial Report. Additional information about the reporting requirements is in Article X, Reports. Article V. Dissemination of Technical Findings The Grantee must make available any technical findings to the relevant operators in the Grantee's area and have open communication with local operators, local communities and other interested parties. Article VI. Delineation of Tasks/Deliverables Section 6.01 Incorporation of Grantee Application The Grantee's application and Project Plan dated May 29, 2009 is incorporated by reference into this Agreement. The Grantee is responsible for accomplishing the objectives, tasks and deliverables of this Grant Agreement, and performing the tasks and the deliverables outlined in the Grantee's Project Plan. Pa p 4 Attachment number 1 Page 5 of 7 GRANT AGREEMENT DTPH56-09-G-PHPT23 Article VII. Agreement Officials Refer to the Award Terms and Conditions (Attachment 1), Section 1, for a detailed description of each official's responsibilities below. Agreement Officer (AO) Mr. Warren D. Osterberg U. S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Office of Contracts and Procurement, PHA-30 1200 New Jersey Avenue, SE, E22-103 Washington, D.C. 20590 Telephone: (202) 366-6942 Fax: (202) 366-7974 E-mail: Warren. Osterberg(ii). dot. go Agreement Administrator (AA) Ms. Maria Munoz U. S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Office of Contracts and Procurement, PHA-30 1200 New Jersey Avenue, SE, E22-305 Washington, D.C. 20590 Telephone: (202) 366-5513 Fax: (202) 366-7974 E-mail: maria.munozkdot. oo Agreement Officer's Technical Representative (AOTR) Mr. Sam Hall U. S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Office of Pipeline Safety, PHP-20 2180 Adventure Lane Maidens, VA 23102 Telephone: (804) 556-4678 Fax: (804) 556-3183 Principal Investigator (PI) Mr. Brian Langille City of Clearwater, Florida 400 N. Myrtle Avenue Clearwater, Florida, 33755 Telephone: (727) 562-4911 Fax: (727) 562-4903 Article VIII. Terms and Conditions E-mail: Sam. Hall(ci),dot.cov E-mail: brian.lan ille Lclearwater ag s.com The Grantee must comply with and spend funds consistent with all the terms and conditions of this award, including the Award Terms and Conditions in Attachment 1 and any other terms and conditions spelled out in this document. Attachment 1, Award Terms and Conditions is incorporated into this Agreement. Pa p 4 Attachment number 1 Page 6 of 7 GRANT AGREEMENT DTPH56-09-G-PHPT23 Article IX. Special Terms and Conditions Section 9.01 Modifications Modifications to this Grant Agreement may be made only in writing, signed by both the Grantee and the Agreement Officer, and specifically referred to as a modification to this Grant Agreement. Section 9.02 Travel Any travel necessary to carry out the objectives of this agreement must use the most economical form of transportation available. All travel is to be scheduled sufficiently in advance, to the extent practicable, to take advantage of offered discount rates. Travel and Per Diem authorized under this agreement must be incurred in accordance with the Government Travel Regulations currently in effect. Current per them rates are listed at: http://www.gsa.goy/perdiem. Article X. Reports Section 10.01 Final Report At the end of the grant period, the Grantee must deliver a letter-type final report to the AOTR and the AA that describes the results of all activities undertaken as a result of this grant. The report to PHMSA must demonstrate completion of the work as outlined in the grant agreement. This report must be submitted to the AOTR and the AA in electronic form via e-mail no later than 90 calendar days after the end of the period of performance. Section 10.02 Federal Financial Report At the end of the grant period, the Grantee must submit a Federal Financial Report, Standard Form 425 (SF-425), to report the status of all funds. In addition to the SF-425, the Grantee should provide the break down of costs for each object class category (Personnel, Fringe Benefits, Travel, Equipment, Supplies, Contractual, Other, and Indirect Charges). This report must be submitted to the AA in electronic form via e-mail no later than 90 calendar days after the end of the period of performance. Article XI. Consideration and Payment Section 11.01 Request for Advance/Reimbursement Subject to the requirements in 49 CFR 18.21 being met (refer to Award Terms and Conditions, Section 14, "Payments") payments will be made after receipt of "Request for Advance or Reimbursement," SF-270. Each request must be submitted in an original to the AA, one copy to the AOTR and one copy to the Payment Office listed below: U. S. Department of Transportation Federal Aviation Administration, MMAC Financial Operations, AMZ-160 P.O. Box 269039 Oklahoma City, OK 73126-9039 Attn: Ms. Margaret Gorman (405) 954-7468 Section 11.02 Approved Project Proposal/Budget The Grantee's application dated, May 29, 2009 and subsequent response providing additional information dated, July 22, 2009 are incorporated by reference into this Agreement. Pa"Wcff 4 Attachment number 1 Page 7 of 7 GRANT AGREEMENT DTPH56-09-G-PHPT23 Section 11.03 Payment of Advance/Reimbursement All Grantees must be registered in the Central Contractor Registration (CCR) to receive payments on their invoices. For information on how to register, visit www.ccr.g. See Attachment I "Award Terms and Conditions" for additional payment requirements. Article XII. Attachments Attachment I - DTPH56-09-G-PHPT22 - Award Terms and Conditions Pa p 4 Attachment number 2 Page 1 of 8 DTPH56-09-G-PHPT23 ATTACHMENT 1 Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) Financial Assistance Awards to State and Local Governments Award Terms and Conditions Table of Contents 1. Definitions .............................................................................................................................. 2 2. Recipient Responsibilities ...................................................................................................... 2 3. Compliance with Award Terms and Conditions ..................................................................... 2 4. Order of Precedence ............................................................................................................... 2 5. Uniform Administrative Requirements .................................................................................. 3 6. Federal Cost Principles ........................................................................................................... 3 7. Audit Requirements ................................................................................................................ 3 8. Restrictions on Lobbying ........................................................................................................ 3 9. Nondiscrimination .................................................................................................................. 4 10. Governtnentwide Debarment and Suspension (Non-procurement) ........................................ 4 11. Drug-Free Workplace ............................................................................................................. 4 12. DOT Order 4600.17A, "Financial Assistance Management Requirements" .......................... 4 13. Treasury Circular No. 1075 ................................................................................................... 4 14. Payments ................................................................................................................................. 5 15. Adherence to Original Project Objectives and Budget Estimates ........................................... 7 16. Prior Approvals ....................................................................................................................... 7 17. Contracting with Small and Minority Finns ........................................................................... 7 18. Seat Belt Use Policies and Programs ...................................................................................... 8 19. Rights in Technical Data ........................................................................................................ 8 20. Notice of News Releases, Public Announcements, and Presentations ................................... 8 21. Violation of Award Tenns ...................................................................................................... 8 22. Fraud, Waste, or Abuse .......................................................................................................... 8 US DOT PHMSA Page 1 of 8 Item # 24 Financial Assistance Awards to State and Local Governments - Award Terms and Conditions Attachment number 2 Page 2 of 8 DTPH56-09-G-PHPT23 ATTACHMENT I 1. Definitions a) Recipient - An organization receiving financial assistance directly from Federal awarding agencies to carry out a project or program. b) Agreement Officer (AO) - The AO has full authority to negotiate, administer, and execute all business matters of the award. Further, should any changes to the scope, budget, schedule, or any other terms of the agreement become necessary, only the AO has the authority to amend the award. c) Agreement Administrator (AA) - The AA is responsible for the daily administration of the award. The AA is NOT AUTHORIZED to change the scope, budget, specifications, and terms and conditions as stated in the award, to make any commitments that otherwise obligates the Government or authorize changes which affect the award budget, delivery schedule, period of performance, or other terms and conditions. d) Agreement Officer's Technical Representative (AOTR) - The AOTR assists in monitoring the work under the award. The AOTR will oversee the technical administration of the award and will act as a technical liaison with the performing organization. The AOTR is NOT AUTHORIZED to change the scope, budget, specifications, and terms and conditions as stated in the award, to make any commitments that otherwise obligate the Government or authorize changes which affect the award budget, delivery schedule, period of performance, or other terms and conditions. e) Principal Investigator (PI) - The PI is the individual designated by the Recipient and approved by PHMSA who is responsible for the technical direction of the project. The PI cannot be changed or become someone substantially less involved than was indicated in the Recipient's proposal, without prior written approval of the Agreement Officer. 2. Recipient Responsibilities In accepting a PHMSA financial assistance award (grant or cooperative agreement), the Recipient assumes legal, financial, administrative, and programmatic responsibility for administering the award in accordance with the laws, rules, regulations, and Executive Orders governing grants and cooperative agreements, and these Award Terms and Conditions, including responsibility for complying with any provisions included in the award. Failure to comply with these requirements may result in suspension or termination of the award and PHMSA recovery of funds. 3. Compliance with Award Terms and Conditions Submission of a signed Request for Advance or Reimbursement (payment request) form constitutes the Recipient's agreement to comply with and spend funds consistent with all the terms and conditions of this award. 4. Order of Precedence Any inconsistency or conflict in the terms and conditions specified in this Grant will be resolved according to the following order of precedence: a) The Federal statute authorizing this award or any other Federal statutes, laws, regulations or directives directly affecting performance of this Grant. b) Terms and Conditions of this Grant. US DOT PHMSA Page 2 of 8 Item # 24 Financial Assistance Awards to State and Local Governments - Award Terms and Conditions Attachment number 2 Page 3 of 8 DTPH56-09-G-PHPT23 ATTACHMENT 1 NOTE: OMB Circulars are available at: www.whitehouse.2ov/omb/circulars. 5. Uniform Administrative Requirements 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" establishes administrative standards to ensure consistency among recipients of Federal awards. These include financial and program management, property and procurement standards, cost-sharing or matching, and reporting and record retention. OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments", as adopted by DOT in 49 CFR 18, is incorporated by reference into this award. 49 CFR 18 is available at: http://www.dot.gov/ost/m60/grant/49cfr18.htm. 6. Federal Cost Principles Allowable costs will be determined in accordance with the applicable Federal cost principles and terms and conditions of the award. State and Local Governments are subject to the provisions of OMB Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments," codified in 2 CFR 225. OMB Circular A-87, codified in 2 CFR 225, is incorporated by reference into this award. 2 CFR 225 is available at: http://www.whitehouse.gov/omb/fedreg/2005/083105_a87.pdf. 7. Audit Requirements OMB Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations," includes specific guidance for conducting financial and compliance audits. The threshold for requiring an A-133 audit is $500,000 in yearly expenditures of Federal funds. This amount is the aggregate of funds from all Federal sources. OMB Circular A-133 is incorporated by reference into this award. 8. Restrictions on Lobbying Pursuant to 49 U.S.C. § 60140(b) a Recipient may not use funds for lobbying or in direct support of litigation. The Recipient may not conduct political lobbying, as defined in the statutes, regulations, and 2 CFR 225- "Lobbying", within the Federally-supported project. The Recipient may not use Federal funds for lobbying specifically to obtain grants and cooperative agreements. The Recipient must comply with 49 CFR 20, U. S. Department of Transportation "New Restrictions on Lobbying" 49 CFR 20 is incorporated by reference into this award. 49 CFR 20 is available at: htip://www.dot.gov/ost/m60/ rag nt/re sg htm. US DOT PHMSA Page 3 of 8 Item # 24 Financial Assistance Awards to State and Local Governments - Award Terms and Conditions Attachment number 2 Page 4 of 8 DTPH56-09-G-PHPT23 ATTACHMENT 1 9. Nondiscrimination The Recipient must comply with Title VI of the Civil Right Act of 1964, which prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. The Recipient must comply with 49 CFR 21, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964" 49 CFR 21 is incorporated by reference into this award. 49 CFR 21 is available at: htt2://www.dot.gov/ost/m60/grant/regs.htm. 10. Governmentwide Debarment and Suspension (Non-procurement) The Recipient must comply with the provisions of EO 12549, "Debarment and Suspension," which generally prohibits entities that have been debarred, suspended, or voluntarily excluded from participating in Federal non-procurement transactions either through primary or lower-tier covered transactions. The Recipient must comply with 2 CFR Part 1200, "Department of Transportation Nonprocurement Suspension and Debarment." Recipients are encouraged to subscribe to and utilize the Monthly Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs published by GSA and found at: www. epls. gov. 2 CFR Part 1200 is incorporated by reference into this award. 2 CFR Part 1200 is available at www.gpoaccess by clicking on 2 CFR Part 1200. 11. Drug-Free Workplace The Recipient must comply with the provisions of Public Law 100-690, Title V, Subtitle D, "Drug-Free Workplace Act of 1988," which require the Recipient to take steps to provide a drug-free workplace. The Recipient must comply with 49 CFR 32, "Governmentwide Requirements for Drug Free Workplace (Financial Assistance)." 49 CFR 32 is incorporated by reference into this award. 49 CFR 32 is available at: htlp://www.dot.?4ov/ost/m60/?4rant/re?4s.htm. 12. DOT Order 4600.17A, "Financial Assistance Management Requirements" DOT Order 4600.17A is incorporated by reference into this award. DOT Order 4600.17A is available at: http://www.dot.gov/ost/m60/grant/ord4600.htm. 13. Treasury Circular No. 1075, "Regulations Governing Withdrawal of Cash From the Treasury for Advances Under Federal Grant and Other Programs (31 CFR 205)" Treasury Circular No. 1075 is incorporated by reference into this award. This Circular can be found in Appendix 1 of Volume 1, Part 6, Chapter 2000 of the Treasury Financial Manual at: htlp://fins.treas.gov/tfm/voll/vlp6c200.txt. US DOT PHMSA Page 4 of 8 Item # 24 Financial Assistance Awards to State and Local Governments - Award Terms and Conditions Attachment number 2 Page 5 of 8 DTPH56-09-G-PHPT23 ATTACHMENT 1 14. Payments Payment to a Recipient will be made in advance, provided the Recipient maintains or demonstrates the willingness to maintain the following in accordance with 49 CFR 18: (1) written procedures that minimize the time elapsing between the transfer of funds and disbursement by the Recipient, and (2) financial management systems that meet the standards for fund control and accountability. If these items are not met, payment will be made by reimbursement. Subject to the requirements in 49 CFR Part 18 being met, a payment for 100% of the award amount will be made shortly after the effective date of award, subsequent to receipt of the completed Standard Form SF-270 . To receive payment a Recipient must submit a "Request for Advance or Reimbursement," Standard Form SF-270. The completed SF 270 must be submitted in an original to the AA, one copy to the AOTR and one copy to the Payment Office listed below: U. S. Department of Transportation Federal Aviation Administration, MMAC Financial Operations, AMZ-160 P.O. Box 269039 Oklahoma City, OK 73126-9039 Attn: Ms. Margaret Gorman (405) 954-7468 a) Method of payment. i) The Government will make all payments under this agreement by electronic funds transfer (EFT), except as provided by paragraph (a)(ii) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. ii) If the Government is unable to release one or more payments by EFT, the Recipient agrees either to - (a) Accept payment by check or some other mutually agreeable method of payment; or (b) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph d. of this clause). b) Recipient's EFT information. The Government will make payment to the Recipient using the EFT information contained in the Central Contractor Registration (CCR) database. If the EFT information changes, the Recipient is responsible for providing the updated information to the CCR database. c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210. d) Suspension of payment. If the Recipient's EFT information in the CCR database is incorrect, the Government is not obligated to make payment to the Recipient under this agreement until the correct EFT information is entered into the CCR database. US DOT PHMSA Page 5 of 8 Item # 24 Financial Assistance Awards to State and Local Governments - Award Terms and Conditions Attachment number 2 Page 6 of 8 DTPH56-09-G-PHPT23 ATTACHMENT I An invoice or agreement-financing request is not a proper invoice for the purpose of prompt payment under this agreement. e) Recipient EFT arrangements. If the Recipient has identified multiple payment receiving points (i.e., more than one remittance address and/or EFT information set) in the CCR database, and the Recipient has not notified the Government of the payment receiving point applicable to this agreement, the Government will make payment to the first payment receiving point (EFT information set or remittance address as applicable) listed in the CCR database. f) Liability for uncompleted or erroneous transfers. i) If an uncompleted or erroneous transfer occurs because the Government used the Recipient's EFT information incorrectly, the Government remains responsible for - (a) Making a correct payment; (b) Paying any prompt payment penalty due; and (c) Recovering any erroneously directed funds. ii) If an uncompleted or erroneous transfer occurs because the Recipient's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and - (a) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Recipient is responsible for recovery of any erroneously directed funds; or (b) If the funds remain under the control of the payment office, the Government will not make payment, and the provisions of paragraph d. of this clause apply. g) EFT and prompt payment. A payment will have been made in a timely manner in accordance with the prompt payment terms of this agreement if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. h) EFT and assignment of claims. If the Recipient assigns the proceeds of this agreement, the Recipient must require, as a condition of any such assignment, that the assignee register in the CCR database and be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause will apply to the assignee as if it were the Recipient. EFT information that shows the ultimate recipient of the transfer to be other than the Recipient, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph d. of this clause. i) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Recipient's financial agent. j) Payment information. The payment or disbursing office will forward to the Recipient available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Recipient to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with US DOT PHMSA Page 6 of 8 Item # 24 Financial Assistance Awards to State and Local Governments - Award Terms and Conditions Attachment number 2 Page 7 of 8 DTPH56-09-G-PHPT23 ATTACHMENT 1 paragraph a. of this clause, the Government will mail the payment information to the remittance address contained in the CCR database. 15. Adherence to Original Project Objectives and Budget Estimates a) The Recipient is responsible for any commitments or expenditures it incurs in excess of the funds provided by an award. Expenditures incurred prior to the effective date of an award cannot be charged against an award unless provided for in the award. b) The Recipient must submit any proposed change that requires PHMSA's written approval 30 days prior to the requested effective date of the proposed change. PHMSA will not approve any change to the award during the last 30 days of the award period. 16. Prior Approvals a) The following expenditures require the AO's advance written approval: i) Changes in the scope, objective, or key personnel referenced in the Recipient's proposal. ii) Change in the project period. PHMSA must receive this request no later than 30 calendar days prior to the end of the project period. The Recipient must submit a revised budget indicating the planned use of all unexpended funds during the extension period. b) The Recipient must submit a revised financial estimate and plan for i) and ii) above. c) The AA will notify the Recipient in writing within 30 calendar days after receipt of the request for revision or adjustment whether the request has been approved. 17. Contracting with Small and Minority Firms, Women's Business Enterprises, Veteran- Owned, and HubZone Area Firms a) The Department of Transportation's (DOT) policy is to award a fair share of contracts to small minority business, women-owned and HubZone firms. DOT is strongly committed to the objectives of this policy and encourages all Recipients of its Grants and Cooperative Agreements to take affirmative steps to ensure such fairness on the awarding of any subcontracts. b) The Recipient and any Sub-recipients are encouraged to take all necessary affirmative steps to assure that small, women-owned, minority disadvantages businesses, veteran, and HUBZone business (inns are used when possible. c) Affirmative steps include: i) Placing qualified small and minority-disadvantaged businesses, women owned business enterprises, veteran-owned and HUBZone business (inns on solicitation lists; ii) Assuring that small and minority businesses, women's business enterprises, veteran-owned and HUBZone business (inns are solicited whenever they are potential sources; iii) Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by small and minority businesses, women's business enterprises, veteran-owned, and HUBZone business (inns; iv) Establishing delivery schedules, when economically feasible, into small tasks or quantities to permit maximum participation by small and minority business, women's business enterprises, veteran-owned, and HUBZone business (inns; and US DOT PHMSA Page 7 of 8 Item # 24 Financial Assistance Awards to State and Local Governments - Award Terms and Conditions Attachment number 2 Page 8 of 8 DTPH56-09-G-PHPT23 ATTACHMENT 1 v) Using the services and assistance of the Small Business Administration and the Office of the Small and Disadvantaged Business Utilization of the Department of Transportation, as appropriate. 18. Seat Belt Use Policies and Programs In accordance with Executive Order 13043, the Recipient is encouraged to adopt on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or organization, please visit the Buckle Up America section on NHTSA's website at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety (NETS), a public-private partnership headquartered in Washington, D.C. dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user-friendly program kit, and an award for achieving the President's goal of 85 percent seat belt use. NETS can be contacted at 1-888-221-0045 or visit its website at www.trafficsafety.org. 19. Rights in Technical Data Rights to intangible property under this agreement are governed in accordance with 49 CFR 18, Sec. 18.34, "Copyrights." 20. Notice of News Releases, Public Announcements, and Presentations The Recipient must provide two (2) copies of all press releases, formal announcements, or other planed written issuance containing news or information concerning this Grant Agreement. The Recipient must provide such documents to the AO and AOTR for approval prior to release. Also, any planned presentations/briefings related to this Grant Agreement, as well as the actual presentation (e.g. slides/vu-graphs) to be used, must be approved in advance by the AO. 21. Violation of Award Terms If the Recipient has materially failed to comply with any term of the award, the Agreement Officer may suspend, terminate, or take other remedies as may be legally available and appropriate in the circumstances. 22. Fraud, Waste, or Abuse The DOT Inspector General maintains a toll-free hotline for receiving information concerning fraud, waste, or abuse under grants and cooperative agreements. Such reports are kept confidential and callers may decline to give their names if they choose to remain anonymous. The number is: (800) 424-9071. The mailing address is: DOT Inspector General Hotline P.O. Box 708 Fredericksburg, VA 22404 Phone: 1.800.424.9071 Fax: 540.373.2090 Email: hotlinekoig dot.gov Web: http://www.oig.dot.gov/Hotline US DOT PHMSA Page 8 of 8 Item # 24 Financial Assistance Awards to State and Local Governments - Award Terms and Conditions ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Sprint/Nextel, Los Angeles, California for cellular/radio, Treo and Blackberry services for the period November 2009 through October 2010 in an amount not to exceed $286,000 in accordance with the best response to RFP 28-09 for wireless communication servicesand authorize the appropriate officials to execute same. (consent) SUMMARY: RFP 28-09 for wireless communication services was issued for all cellular voice, radio and data services. The RFP included service for all cell phones (approximately 480) and all cellular data cards (approximately 300), including 220 datacards from the police department which have just completed a 3-year contract. The costs for the previous year were $312,000; this year's commitment represents a savings of approximately $26,000 ($18,000 due to savings for data services). Pricing submitted by vendors in response to the RFP was consistent with State Contract or other accessible government contracts (i.e. WSCA, GSA, etc.). Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: $286,000 For Fiscal Year: 2009 to 2010 Budget Adjustment: No Annual Operating Cost: $286,000 Total Cost: $286,000 Appropriation Code 0555-09865-542100-519-000- 0000 0010-01145-542100-521-000- 0000 0555-09862-530300-519-000- 0000 Bid Required?: Other Bid / Contract: Amount Appropriation Comment $142,000 voice, radio, Treo and Blackberry services $108,000 police data services $36,000 other city data services Yes Bid Number: RFP # Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Information Technology 4) Financial Services 5) Office of Management and Budget 6) Information Technology 7) Financial Services 8) Office of Management and Approval: Budget 9) Legal 10) Clerk 11) Assistant City Manager 12) Clerk 13) City Manager 14) Clerk Cover Memo Item # 25 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order)to Kenworth of Central Florida of Orlando, FL in the amount $297,398.00 for the purchase of two Kenworth T800 with Galbreath Roll-Off Hoist in accordance with Sec 2.564(1)(d), Code of Ordinances - other governmental bid, authorize lease purchase under the City's master lease purchase agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: This purchase is a piggyback of the Florida Sheriffs Bid 09-17-0908. The Cab and Chassis will replace G2104 and G2304 listed in the Solid Waste CIP replacement list. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $61,918.00 Not to Exceed: For Fiscal Year: 10/1/2009 to 9/30/2010 Appropriation Code Amount 0316-96442-564000-534- $297,398.00 000-0000 Budget Adjustment: None Annual Operating Cost: 19,582.00 Total Cost: $81,500.00 Appropriation Comment L/P CIP Bid Required?: No Bid Number: Other Bid / Contract: Florida Sheriffs Bid Bid Exceptions: None 09-17-0908 Review 1) Financial Services 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 26 City Council Agenda Council Chambers - City Hall Meeting Date: 10/22/2009 SUBJECT / RECOMMENDATION: Approve a contract (Purchase Order)to Rush Truck Center of Tampa, FL for the purchase of four (4) Peterbilt Model 320 chassis with 29 yard Labrie Automatic Side Loader body at a cost of $896,352.00 in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize appropriate officials to execute same. (consent) SUMMARY: These trucks will be purchased through the Florida Sheriffs Association Contract 09-17-0908. These trucks are included in the Garage CIP Replacement List for Budget Year 09/10 and replaces G2307, G2308, G2563 and G2419. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $186,441.00 Not to Exceed: For Fiscal Year: 10/1/2009 to 9/30/2010 Appropriation Code Amount 0316-94234-564100-519- $896,352.00 000-0000 Budget Adjustment: None Annual Operating Cost: $104,000.00 Total Cost: $290,441.00 Appropriation Comment L/P CIP Bid Required?: No Bid Number: Florida Sheriff's Other Bid / Contract: Association Contract Bid Exceptions: None #09-17-0908 Review 1) Financial Services 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 27 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ratify and Confirm the City Manager's acceptance to receive proceeds from the U.S. Department of Energy Block Grant Award Number DE-S00002363 in the amount of $1,075,400.00 for several projects within the City, Approve a first quarter budget amendment to establish a budget for this grant in projects 181-99856 in the amount of $18,000 for LEED Training and Certification, 181-99857 in the amount of $244,000 for Electronic Plan Submittal and Review, 181-99858 in the amount of $350,000 for Clearwater Energy Efficiency, Conservation and Mobility Strategies, 181-99859 in the amount of $463,400 for Energy Efficiency Retrofits in City Facilities for a grand total of $1,075,400, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater applied for the Energy Block Grant on June 26, 2009 in the maximum amount of $1,075,400. This grant is associated with stimulus money available from the Federal Government. The grant does not require any matching funds. Consistent with grant objectives for reducing total energy use and improving energy efficiency in the transportation and building sectors, the following projects were established for the grant and must be completed by August 20, 2012: LEED Training and Certification - $18,000 - Funds will be used to purchase various training materials such as CD's, Web classes, books; enroll staff member in classes offered by various organizations focusing on the LEED program; pay for certification tests for staff. A total of 18 staff members will benefit from this training and certification. LEED is the US Green building Council's recognized green building certification program aimed at improving energy savings, water efficiency and green building design and construction standards. This training is necessary for proper inspection of LEED construction projects within the City and would otherwise be a General Fund expense. Electronic Plan Submittal & Review - $244,000 - The City will purchase an electronic plan submittal and review computer program to work in conjunction with our permitting software, upgrade our internal computers and monitors to accommodate the new software requirements and purchase computer servers for storing electronic plans. Citizens will be able to submit plans electronically rather than make trips to the office and monitor the review process via the web. This process will reduce the use of paper resulting in fewer costs to the applicant, less storage space needed and reduced transportation impact on our environment since plans can be accessed via computers. This project has been in our planning phase to follow an upgrade of the Tidemark permitting system and would otherwise be a General Fund expense. Clearwater Energy Efficiency Conservation and Mobility Strategies - $350,000 - The Clearwater Energy Efficiency, Conservation and Mobility Strategies Project is a two part planning project that consists of research, data analysis, policy development and implementation related to energy efficiency, conservation and energy usage. Part One will further define and establish the City's energy conservation goals and policies in the Clearwater Comprehensive Plan and Part Two implements these through the City's land development regulations. Pursuant to the Mayor's Climate Protection Agreement and Florida House Bill 697, the City must establish new and expanded planning provisions related to energy efficient land use patterns and transportation strategies to address greenhouse gas reductions, energy conservation, and energy efficient housing. Development of these strategies would otherwise be funded in the General Fund. Likewise, the savings from these projects will reduce operating costs within the respective funds. Energy Efficiency Retrofit in City Facilities - $463,400 - The balance of the block grant funds will be for an Energy Efficiency project to provide for a variety of efficiency improvements in a large number of City Facilities as outlined below. Except for the Gas Administration and Solid Waste facilities, the other modifications and retrofits would be funded in General Fund. Air Conditioning Modifications: City Hall Gas Administration Cover Memo Item # 28 Long Center - UPARC Lighting Retrofits: Fire Station 50 Garden Ave. Garage Solid Waste Transfer Station Fire Station 47 Fire Station 45 General Services Countryside PD Type: Other Current Year Budget?: No Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $1,075,400.00 Not to Exceed: For Fiscal Year: to Annual Operating Cost: Total Cost: $1,075,400.00 Appropriation Code Amount Appropriation Comment 181-99856 $18,000 LEED Training and Certifiction 181-99857 $244,000 Electronic Plan Submittal 181-99858 $350,000 Energy EfficiencyStrategies 181-99859 $463,400 City Facilities Retrofits Review Approval: 1) Clerk 2 ) Assistant City Mana ger 3) Clerk 4) City Manager 5) Clerk Cover Memo Item # 28 NOT SPECIFIED /OTHER. ASSISTANCE AGREEMENT 1. Award No- 2. Modification No. 3. Effective Date 4. DFDA No. H' -,CO002•.:363 09/21/2009 81.128 5. Awarders To 6. Sponsoring Offioe 7. Pence, of Performance CLEARWATER, CITY OF ',TNC] FERN: (FORS) 09/21j`2009 Attn: Rick --arnle*y U.S. Department of Energy through »2 09/2C;'70 1.1:: "-,it_}, 01-, -,• ,1 :y Ave, Office of Energy Efficiency & Renew , 'CLe;rPI,,U',LTr:h r'L 13'/565163 Forrestal BUj7dir.g 1000 Independence Avenue, SW Washington DC 26585 8. Type of Agreement 0. Authority 10. Purchase Request or Funding Document No. Z Grin( Energy Independence and Security 09SCOD5335 Fj Other 11 Remittance Address 12. Total Amount 13. Funds Obligated CLEARWATER, CTTY OF (INC) Govt. Share;: $1,075,400.00 This action: $1,075,400.00 Attn: R.i.ck. Carnley Coast Share : $0.00 Total $1,075,400.00 12 South Osceola Ave. 'Total $1,075,400.00 CLEARWATER FL 33756-5.103 14. Principal Investigator 1.5. Program Manager 16. Administrator Rick Carney, Asst':. Director Martha J'. :Mass Oak Ridge 727-562-4891, Phone: 865-576-0717 U.S. Department of Energy P.O. Box 2001. Oak Ridge 'T'N' 37831 17 Submit Payrnerit Nequests -o 18. Paying Office 18. Submit Reports To OR for Oak Ridge/OSTI See attached Reporting J. S • Depar?-*,nent of Energy Requirements Checklist Oak Ridge ffice Oak Ridge Financial Service Center P.C. Box 6017 Oak Ri.d fE ` X 37831 . I d ?. f o:r thr, i : .. ;'. ar, ed t Sir n 5. igr . to of 4' nts/Agreements Officer I ?.??? .. - ? mss., .,•o-?-....-• :3. "Jam ie a ,c'. 24. fixate Signed 26. Name of tafcer - 7. Date Sig ed LL ? If,ARL7 NA L. CANSt ER. 09//8/2009 NOT SPECIFIED /OTHER NOT SPECIFIED /OTHER REFGRF:F NO OF DOCUMENT BEING GO"TINJED PAGE 07 CONTINUATION SHEET DE-SCO002363 2 1 2 N,,1', I= ti J k O F- E k-O R OR CONTRACTOR CITY OF (: NC ) -fv1 J'_ SUPPUESISERV CES QUANTITY UNIT UNIT PRICE AMOUNT ft1 ,t t :.r: 078307303 T11,:'::!`9 0331 : T"AS ?recovery Act Block Grant New Award for Cle,3rv.l-?tel', FT- To'te', recipient mt_:,i r-nm fete Block No(,,) 22, 23, and 24, and return the Assistance Agreement via. FedConnert wi--hin five business days of receipt of the agreement ASAP: Yea Extent Competed: NOT AVATL FOR COMP Delivery Loca:.:ion Code: 00522 Oak R4 d-a Off' ce U.S. !-partment of Energy Oak k'-. r_ Of f :-" Cce. 230 Warehouse Road Oak Ri...d ye TN 37834 Pay^rent : OR for Cak Ridge/OSTT U.S. Department of Energy Oak Ridge Financial Service Center J.C. Bow 6017 Oak Ridge T14 37831 Fund: 05?5(-, Year. 2009 Allrvfr _: 10 Report:. I Fntity: 4711i' })ject Class: 4i'--c,, Program: 1005115 Proje-:t- --304350 WFO: 0000000 Local Use: 00JDC00 TAS P. _4,'= .,, : 89 TAS Account; 0331 July 2004 NOT SPEC,T,F7ED /OTHER ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award contract (purchase order) to SPER Chemical in the amount of $556,500.00 for FYs 2010 - 2012 for corrosion control (polyphosphate) chemical at water plants and authorize the appropriate officials to execute same. (consent) SUMMARY: The SPER Chemical is the lowest responsible bid meeting all requirements of the specifications. A purchase order is recommended to be awarded to SPER Chemical for $556,500.00 to provide the Water Division with polyphosphate to inhibit corrosion and assist in maintaining water quality. Polyphosphate is used at all three (3) water treatment plants to reduce the potential of corrosion on the distribution piping and to reduce water quality issues. The product coats the distribution piping to prevent corrosion and premature failure. In addition, the product sequesters iron to prevent iron particles from entering customers' homes and reduces lead and copper levels in the drinking water. The period of the contract will be for one year with the option to renew up to three (3) years. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-02053-551000-533-000-000, Water Supply Operations, to fund the current year cost of this contract and is planned in the budget request to be brought forward for the 2011 and 2012 fiscal years. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: $ 185,500 Annual Operating Cost: $ 185,500 Not to Exceed: $ 556,500 in 3 Total Cost: $ years 556,500 For Fiscal Year: 09/10 to 11/12 Appropriation Code Amount Appropriation Comment 421-02053-551000-533-000- $ 185,500 FY 09/10 0000 421-02053-551000-533-000- $ 185,500 FY 10/11 0000 421-02053-551000-533-000- $ 185,500 FY 11/12 0000 Bid Required?: Yes Bid Number: 24-09 Cover Memo Other Bid / Contract: Bid Exceptions: Other Item # 29 Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Attachment number 1 Page 1 of 2 L t ?? r Interoffice Correspondence Sheet To: Mike Murray, Purchasing Department Thru: Tenn Daniel, Collections Manager From: Lynn Stevens, Water Supply Coordinator Date_ August 11, 2009 Subject: Corrosion Inhibitor Bid Review Comments After a thorough review of bid ##24-99 - Corrosion Inhibitor, I offer the following comments: F2 Industries This bid does not meet the minimum specifications. Specifically: The bid did not include an independent laboratory report indicating chain length The company has no local office or warehouse • The company does not have an occupational license The bid stated the product would come in 50 pound bags or pails Shannon Chemical This bid does not meet the minimum specifications. Specifically: The bid did not include an independent laboratory report indicating chain length • The company has no local office or warehouse The company does not have an occupational license The Dumont Comr)anv Although the cover letter stated that a copy of the NSF certification was included with the bid, no copy was attached and a search of the NSF International website did not indicate ClearFlow PT8989C as a listed, approved chemical. Dumont did supply Underwriters Laboratories listing for ClearFlow, however, FDEP rules and regulations no longer reference UL certification as acceptable. Furthermore, Item # 29 Attachment number 1 Page 2 of 2 the specifications were clear that the City required NSF certification on the product. The laboratory report included in the bid package indicated a product called "Vitrafos Long Chain" as the product analyzed, not ClearFlow PT8989C as bid. This product is in fact one of the ingredients in ClearFlow PT 8989C, but bid specifications were clear in requiring an analysis for the product as supplied. Therefore, the analysis provided with the bid package is rendered non-compliant. It is my opinion that the above two observations therefore make this bid non- compliant with the specifications. Sper Chemical Corporation Although not the lowest price, this bid appears to meet all the requirements of the specifications. In conclusion, it would be my recommendation to award the bid to Sper Chemical Corporation as the lowest bid meeting all the specifications. Item # 29 Attachment number 2 Page 1 of 1 r, re o " F a_ w t ¢ ¢ ca 0 LU 1 z w v w M a w CO ce w z w c o c _ "? a Z o CO ? p r u) J r is C CL cpp; O > p [y j yj O U w # t-- h- w w z C} O } k z 4 0 Q ' GO V w w ~ ? 3Y w 0 ? O U 0 0 M d a J ? €3 N a I w z 0 z [7 w m Q r w = 0 0 x EL. w O Q w d ry o 0 Q t=- m tsa G z u i d p m? C 0 F-- a a l.- . w ? w w a j m z O Q w LLQL 0 0 - 4 U IL C) > A 0 ? 1.-0 DL] w ? U Mtd m - O CJ W U) p F (.9 or D m Of LU w w IL uU) E b '8 w 2 F- i= U w Q E Item # 29 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a one-year extension, at no increase in cost, to an existing contract (purchase order) with ITT Water and Wastewater U.S.A., Inc., of Tampa, Florida for Flygt Pumps, replacement parts and factory authorized service and authorize the appropriate officials to execute same. (consent) SUMMARY: The amount of this contract, $290,000.00, was approved by Council on 10/15/08 for the period of November 1, 2008 to October 31, 2009. Of the approved amount, $149,839.53 remains unused due to a lower demand for repairs and replacements than originally projected. At the current rate of use, the remaining amount is forecast to last until November 1, 2010. Flygt Pumps are the standard for the Water Pollution Control (WPC) Division for submerged internal recycle and backwash applications and by the Maintenance Division for lift station pump applications. Having a standard expedites repairs, replacements and maintenance, and eliminates excessive equipment downtime without the greater cost of retrofit and redesign. ITT Water and Wastewater U.S.A., Inc. is sole source for Flygt pumps, replacement parts and factory authorized service. Sufficient budget remains available in the Water & Sewer Utility Fund as follows: WPC 0421-01351-550400-535-000-0000 $ 25,427.15 FY09/10 2,360.00 FY10/11 Maintenance 0421-01347-550400-535-000-0000 111,686.28 FY 09/10 10,366.09 FY 10/11. Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 30 Attachment number 1 Page 1 of 1 ITT Flygt Cost Center and Fiscal Year Split Worksheet Historical Usages - Basis for Cost Center Split For Extension Period Begin 9/18/2007 Period End 8/10/2009 Total Spent in Period $ 281,049.33 WPC Spent Amount in Historical Period $ 52,119.50 Maint Spent Amount in Historical Period $ 228,929.83 WPC % Portion 19% Maint % Portion 81% Cost Center Split Amount Remaining in Contract $ 149,839.53 WPC Portion $ 27,787.16 Maintenance Portion $ 122,052.37 Fiscal Year Split Period Begin 11/1/2009 FY Change 10/1/2010 Period End 11/1/2010 FY 2009/10 Portion of Period, Days 334 FY 2010/11 Portion of Period, Days 31 Period Total Days 365 Fiscal Year/Cost Center Split WPC FY 2009/10 $ 25,427.15 WPC FY 2010/11 $ 2,360.00 Maintenance FY 2009/10 $ 111,686.28 Maintenance FY 2010/11 $ 10,366.09 Item # 30 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award two (2) new Purchase Orders (Contracts) for the period October 23, 2009, through September 30, 2010, to Odyssey Manufacturing Company, of Tampa Florida, for a total value of $324,762.69, for Liquid Sodium Hypochlorite for the Water Division and the Water Pollution Control Division and authorize the appropriate officials to execute same. (consent) SUMMARY: The Odyssey Manufacturing Company is the low bid for Liquid Sodium Hypochlorite in the City of Ocala bid, B2952, for the period October 1, 2009 through September 30, 2010. The subject contract will "piggy-back" the City of Ocala's bid. A purchase order will be awarded to Odyssey Manufacturing Company for $111,046.25 to provide the Water Division with Liquid Sodium Hypochlorite to disinfect potable water per Florida Administrative Code 62-550. A separate purchase order for $213,716.44 will be awarded to provide the Water Pollution Control Division with Liquid Sodium Hypochlorite to disinfect wastewater in the temporary feed systems at the Marshall Street and East Water Pollution Control Facilities. Sufficient budget is availableto fund FY09/10 in the Water & Sewer Utility Fund operating cost centers 0421-02053-551000-533- 000-000, Water Operations, in the amount of $111,046.25 and 0421-01351-551000-535-000-0000, WPC Operations, in the amount of $213,716.44. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $ 324,762.69 Not to Exceed: $ 324,762.69 For Fiscal Year: 09/10 to 09/10 Budget Adjustment: None Annual Operating Cost: $ 324,762.69 Total Cost: $ 324,762.69 Appropriation Code Amount Appropriation Comment 421-02053-551000-533-000- $111,046.25 Water Operations FY 09/10 0000 421-01351-551000-535-000- $213,716.44 WPC Operations FY 09/10 0000 Bid Required?: Yes Bid Number: Ocala B2953 Other Other Bid / Contract: Piggy-back Bid Exceptions: Government Bid Cover Memo Item # 31 Review Approval: 1) Clerk 2) City Manager 3) Official Records and Legislative Services Attachment number 1 Page 1 of 1 Odyssey Bleach Usages and Costs Worksheet Water Division Potable Water Disinfection: Dates Gallons Cost per Gallon Average daily usage Peak Flow Contingency Total per Day Period Begin Period End Days in Period Totals per Period Total Water Division per Period 350 $ 25% $ 438 $ 10/1/2009 10/1/2010 365 159,688 $ WPC Temporary Disinfection Feed Systems: Dates Gallons Cost per Gallon MS Plant average daily usage East Plant average daily usage Sub-Totals per Day Peak Flow Contingency Total per Day Period Begin Period End Days in Period Totals per Period Total WPC Division per Period 495 $ 270 $ 765 $ 10% $ 842 $ 10/1/2009 10/1/2010 365 307,148 $ Total Cost per Contract Costs 0.74 259.00 64.75 323.75 118,168.75 118,168.75 Costs 0.74 366.30 199.80 566.10 56.61 622.71 227,289.15 227,289.15 $ 345,457, 90 Item # 31 Attachment number 2 Page 1 of 5 Page 1 of 5 J" us k° 1. General Business a. Welcome and Roll Call b. Opening Ceremony 1. Invocation 2. Pledge of Allegiance 2. Awards 3. Presentations September 15, 2009 Council Synopsis OCALA CITY COUNCIL SYNOPSIS Tuesday, September 15, 2009 a. Citizen comments on items not scheduled on agenda 4. Public Hearings a. Approved Case No. 43231 for an alcoholic beverage location permit for on and off premise consumption at Tap Ocala located at 1227 SW 17th Avenue (Staff presentation by John Zobler) b. Approved Case No. 43250 for an alcoholic beverage location permit for on and off premise consumption and on premise consumption outside of enclosed building for Cuvee Wine and Bistro, LLC, located at 2237 SW 19th Avenue Road #102 (Staff presentation by John Zobler) c. Approved Case No 43266 for an alcoholic beverage location permit for a restaurant with on-premise consumption at Tripps Bar & Grill located at 3445 SW College Road (Staff presentation by John Zobler) d. Adopted Resolution 2009-69 to abrogate a 20 foot road right-of-way as recorded in Civil Records Book 6, Page 399 (Case No. ABR09-0002) (Staff Presentation by John Zobler) e. Adopted Resolution 2009-70 tentative millage rates for Downtown Districts A, B and C. Adopted Resolution 2009-71 tentative budget for the Downtown Development Fund. Adopted Resolution 2009-72 tentative millage rates for taxable property within Ocala. Adopted Resolution 2009-73 tentative budget for the City of Ocala in accordance with the TRIM bill (F. S. 200.065) (Second Public Hearing to be on September 29, 2009) (Staff Presentation by Ricky A. Horst) Item # 31 Attachment number 2 Page 2 of 5 Page 2 of 5 September 15, 2009 Council Synopsis ITEM F WILL BE CONSIDERED AT 5:30 PM OR, AS SOON THEREAFTER AS POSSIBLE f Transmittal Hearing/2009-1 Large Scale Amendment Series (Staff Presentation by John Zobler) Approve transmittal of the case to DCA and an amendment to the corresponding policy to remove language concerning residential units/ Denial of the transmittal to the Department of Community Affairs (DCA) the request to change the land use from Neighborhood Business & Low Density Residential to Retail Services for approximately 64.1 acres located at the northeast corner of SW 60thAvenue and SW 38th Street, and the request to amend the Comprehensive Plan Policy 12.14 (Case No. LUC09-0011 2. Approved transmittal to the Florida Department of Community Affairs (DCA) the request to change the land use of Medium Density Residential (County) to Light Industrial (City) for approximately 20.11 acres located at the southeast corner of NW 27th Avenue and NW 42nd Street (Case No. LUC09-0007) Approved transmittal to the Department of Community Affairs (DCA) the request to change the land use from Low Density Residential to Retail Services for approximately 12.66 acres located between I-75 and NW 35th Avenue, north of NW 21st Street (Case No. LUC09-0008) 4. Approved transmitting the amendment to the transportation element of the comprehensive plan to the Department of Community Affairs (DCA) (Case No. CPTA09-0001) 5. Second and Final Reading of Ordinances (All are public hearings) a. Postponed to October 6, 2009 Ordinance No. 6015/ to repeal Sections 30-50 through 30-54 of Chapter 30, Article III (Introduced on September 1, 2009 by Council member Ruse) (Staff presentation by Patrick G. Gilligan) 6. Consent Agenda Consent Agenda items are considered to be routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of Council or the public request specific items be removed for separate discussion and action. a. Approved contract for TPA (Third Party Administrator) Services between USIS Inc. and City of Ocala and Marion County Board of County Commission (Staff Presentation by Catherine Cameron) b. Approved Employer Insurance Renewal for FY2010 (Staff Presentation by Catherine Cameron) Item # 31 Attachment number 2 Page 3 of 5 Page 3 of 5 September 15, 2009 Council Synopsis c. Approved Downtown Development District Fiscal Year 2008 Audit Report (Staff Presentation by Jay Maynard) d. Approved in-kind support and a letter of support for the Pathways from Poverty Grant that Workforce Connection is seeking (Staff Presentation by Cindy Kelley) e. Approved Change Order No. 7 to the Lake Weir Avenue Reconstruction Project to Counts Construction, Inc. for $45,705.73 (Staff Presentation by Bruce Phillips) f Approved Release of retainage for completed projects on the annual contract for the Miscellaneous Utility and Stormwater Construction to Croft Contracting for $39,000.60 (Staff Presentation by Bruce Phillips) g. Approved Change Order No. 3 to the Operation Infrastructure 2007-2008 Street Improvements Phase IV Bid No. ITB-09004 to Marion Rock, Inc. for $89,934.68 (Staff Presentation by Bruce Phillips) It. Awarded contract for the 2009 Storm Drainage Improvement Program Bid No. ITB- 09056 to G.W.P. Construction, Inc. for $500,222.50 and approved the attached fund transfer (Staff Presentation by Bruce Phillips) i. Awarded contract for the Well Head Protection Zone B Sewer Extension Phase II project to Hamlet Construction Company for $678,068.00 (Staff Presentation by Bruce Phillips) Approved Change Order No. 1 to Hamlet Construction Company deducting $97,378.79 from the contract for direct purchase of materials to save sales tax (Staff Presentation by Bruce Phillips) k. Approved Change Order No. 4 to Close Construction for the Water Treatment Plant No. 1 Motor Control Center, Softening Basin Drive Assembly Replacements and Water Tank Improvements to Close Construction, adding $13,275.31 to the contract (Staff Presentation by Bruce Phillips) 1. Approved pole attachment agreement with Cox Communications (Staff Presentation by Matt Brower) m. Approved renewal of Bid B2952 for the purchase of sodium hypochlorite (Staff Presentation by Matt Brower) n. Accepted COPS Hiring Recovery Program Grant in the amount of $798,935 for five police officer positions (Staff Presentation by Sam Williams) Item # 31 Attachment number 2 Page 4 of 5 Page 4 of 5 September 15, 2009 Council Synopsis o. Approved lease agreement with The Devereux Foundation, Inc. for use of the old Childhood Development Services building in the Martin Luther King Recreation Complex (Staff Presentation by John Zobler) p. Accepted and certified the Annual Report regarding SHIP Fiscal Years 2006-2007, 2007-2008, and 2008-2009 (Staff Presentation by John Zobler) q. Approved recommendation to appoint Dane Griffin to the Police Officers' Retirement Board of Trustees for an additional two year term as Council appointee (Staff Presentation by Rick A. Horst) r. Approved recommendation to appoint Doug Shiveley to the Police Officers' Retirement Board of Trustees for an additional two year term as Council appointee (Staff Presentation by Rick A. Horst) s. Approved City Attorney's Invoice for the month of August 2009 for $43,756.05 7. Consent Agenda Items Held for Discussion Should any items be removed from the Consent Agenda for discussion, they will be discussed at this time. Item No. Item No. Item No. Item No. Item No. Item No. Item No. Item No. Item No. 8. Introduction and First Reading of Ordinances/Introduction of Resolutions (Second and Final Reading will be October 6, 2009) a. Council member Rich Introduced Ordinance 6016 amending ordinance Section 42-9, Public Indecency (Staff presentation by Patrick G. Gilligan) b. Council member Guinn Introduced Ordinance 6017 to rezone approximately 1.23 acres from B-4, General Business, to B-5, Wholesale Business (Case No. ZON09-0011) (Staff Presentation by John Zobler) c. Council member Ruse Introduced Ordinance 6018 to amend Section 70-683 Utility Security Deposits (Staff Presentation by Matt Brower) 9. Other Business Item # 31 Attachment number 2 Page 5 of 5 Page 5 of 5 September 15, 2009 Council Synopsis a. Approved renewal for six months or 30 days after consultant issues his final report to City Council/Renew Marks Prime Steakhouse, LLC valet parking license (pending backgrounds checks) until such time that the newly selected parking consultant is tasked to thoroughly review the Valet Parking Ordinance, the Marks Prime Steakhouse, LLC application and the entire downtown's need for a broader and shared valet parking service (Staff Presentation by John Zobler) 10. Utility Report 11. City Manager's Report a. Scheduled Attorney Client Session for Friday, September 19, 2009 at 10:00 am City Manager's Conference Room 12. City Attorney's Report 13. Informational Items and Other Business a. Calendaring Items 1. Joint City/County Work Session, Tuesday, September 22, 2009 at 11:30 am 2. Special City Council Meeting, Tuesday, September 29, 2009 at 4:30 pm 3. Special City Council Meeting, Tuesday, October 27, 2009 at 3:30 pm b. Comments by Mayor c. Comments by Council Members Council member Owen commented on the anticipation of the reopening of Ocala Golf Club d. Informational 14. Adjournment: 7:14 pm Item # 31 Attachment number 3 Page 1 of 2 U-AC IURING C'0 September 17, 2009 Ms. Ali,cn Johnson Storekec per City of (-? arwater 1650 N. Arcturas Ave/Bldg C Clearwater, Flt 33765 Re: PROPOSAL T SlJPPLY BULK SODIUM PIYPOCHLORITT TO TIIF CITY OF CCLEARWYATER WASTEWATER DEPARTMENT FOR FY 2010 Dear Alison, As a follow-up to our recent: e-mail exchange, Odyssey Manuf,10111 110 Co. atgrces to continue f, i '; t the City of Clearwater Water Department its Ultra Chlor 12.5% sodium hypochlorite at the s? n)icc unit price of `x.74 per gallon eftective October 1. 2009 through September 30, 2010 to your „sulk" t.uil_s at your WWT Plants (NE'r 30). This price is fixed and not subject to any escalation or fuel or oth? °- sureharges during this period. The City of Clearwater would continue to "piggyback" off the City of Ocala's sodium hypochlorite bid. I have attached a copy of the bid package, bid and bid tab and renewal information. Ray I latnilton is the Purchasing Buyer for the City of Ocala g352-351-6700. Odyssey guarantees deliveries on 48 hours notice. However, in no event, will Odyssey Manufacturing ever let you run out of bleach for any reason and will make emergency deliveries on a much shorter notice with no minin;unn delivery required at no additional charge. As we discussed, this proposal is based on "bull:" ,I- Iiveries (typically tanks at least 800 gallons) to customer-owned tanks. Additionally, Odyssey would agree to meet the attached "Product Guarantees" that Ocala. specified. As part ofthe chemical supply, Odyssey will continue to provide technical assistance to your facilities as required as we have done in the past at both your Water autci Wastewater Treatment facilities. 1h proposedIn-ic,e> (#'S. 741,)ergallon is the :i lasd yerar Over the past ten years of'business, we honored all of our commitments and never ati. inl?t.?d to raise the price in the middle of a contract or impose a fuel Surcharge. We understand that cities and counties are struggling in these economic times and have endeavored to maintain 0111- pricing this upC0111ir10-1 year and simply accepted lower margins. We thank you for your continued support and business. In addition to the guaranteed pricing, the City of Clearwater will achieve additional cost savings in two areas with the Odyssey LJ hrachlor. First, Odyssey Ultra Chlor contains virtually no metal impurities. This lack of metal i lpurities (primarily nickel and cobalt) means less gassing of the bleach which is a form of deco 1 1!,,sition and translates to a significantly longer half-lifc (e.g., lower decomposition rate) on the order of magnitude of 10% to 100%. 'phis factor by itself should decrease total consumption by approximately 10% or so depending on how long, the product is stored prior to being used thus resulting in cost savings. Additional cost savings will also result from reduced O&M expenses since you will not have any feeder- system P111--a(Ies caused by high suspended solids (e.g., the black goo on the inside of sodium hypochlorite tanks) or gassing (Bona metal impurities). Other benefits include reduced bromate levels (a known carc=1a0=cr1 which became regulated in drinking -7- 1-! 11 wvwvl. dys?tir,ynaarnkd aC.tm-ing. ?-Otr) Item # 31 Attachment number 3 Page 2 of 2 water beginning January of 2004) and reduced perchlorate and chlorate: levels (EPA has staged that they intend to regulate these substances in drinking water when more toxicity data from ongoing studies is available). Another advantage is that Odyssey never misses a delivery! As the only chlor-alkali manufacturing facility in Florida, Odyssey Manufacturing Co. can offer a unique combination of high quality combined with a very competitive cost structure. We make our raw materials (chlorine and caustic) on-site out of highly purified salt and dernineralized water utilizing a membrane cell electrolysis process. Not only does this process result in high quality bleach but also makes our product cost very competitive as we do not have to pay Out of state third parties to make the raw materials for us and have them shipped down by railcar. This is the reason we are able to offer this fixed pricing with no price protection for the upcoming year while providing a superior qual ity product. Thank you for your consideration. As you know, we have provided your industry superior service over the past ten years providing the best product in the rnarketplace and never missing a delivery. We have done extensive service and installation work at all of your facilities and provided significant amount of technical assistance and engineering at no charge over the years. We are also a licensed general and plumbing contractor who has service agreements with most of the utilities in Florida including the City of Clearwater. We have performed a significant amount of service work at your plants including an en3ergency 6" CPVC line repair on a Saturday morning enabling the RD plant to keep running during a period when you could not get enough water from Tampa Bay Water and the installation of temporary hypochlorite and bisulfate systems at the WWTP's. As your chemical supplier, we are available to provide any required assistance you rnight request and have done so in the past. Please call n?e if you have any questions. We look forward to the opportunity to continue to serve your sodium hypochlorite needs in the future. I have previously provided you a product broe.hur'e, process flowchart, Material. Safety Data Sheet (MSDS), copy of our NSF certification, and a copy of our insurance certificate. Additional information on our product or company can be found on our websitc r)w?v,,v.odysseymariufacturing.cona. Please do not hesitate to contact ine at (813) ODYSSEY or cellular (813) 335-3444 if I can be of further assistance. Thanks again for your- business and continued support. Sincerely- VatriL H. AI n General Manager C: T. Irleitzel., WWT Acting, Manager Item # 31 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/22/2009 Approve the Alligator Creek Watershed Management Plan Phase 1 Work Order between the City and Jones Edmunds Associates, Inc. (Engineer of Record) in the amount of $400,000.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: This work order to Jones Edmunds is to provide professional services for the Alligator Creek Watershed Management Plan (ACWMP) Phase 1. The Southwest Florida Water Management District (SWFWMD) and the City cooperatively funded the 1997 ACWMP and many of the recommended projects have been completed. Jones Edmunds will provide professional services to update the ACWMP and FEMA maps to reflect existing conditions' flooding risk. The watershed covers an area of approximately 9 square miles and is located in Clearwater and Pinellas County. This project will be divided into two phases. This work order initiation is for Jones Edmunds to provide professional services for Phase 1 of the project, which will include development of digital topographic information and completion of a watershed evaluation. Phase 2 of the project will create a revised model and an updated watershed management plan. It is anticipated that Jones Edmunds will perform professional services for Phase 2 also. The watershed evaluation element will include identification of existing watershed features, information from implemented projects, and an inventory of hydraulic and hydrologic features, a preliminary junction and reach GIS database, and a surface water resource evaluation. Phase 2 of the project will include a revised model to reflect the existing conditions of the watershed and a revised watershed plan that will include projects to reduce flooding, increase water quality and improve natural systems. The revised model will be submitted to FEMA to update the Flood Insurance Rate Maps to reflect the existing conditions' flooding risk. This work order is for a total amount of $400,000. Upon completion of the project, the City will request to be reimbursed up to 50 percent of total costs, not to exceed $200,000 from SWFWMD. A first quarter amendment will increase Capital Improvement Program (CIP) project 0315-96173, Alligator Creek Watershed Projects once the SWFWMD grant agreement is approved; additional funding of $200,000 is available in CIP 0315-96173 to fund the work order. Type: Capital expenditure Current Year Budget?: No Budget Adjustment: None Budget Adjustment Comments: See Summary Current Year Cost: $400,000 Annual Operating Cost: 0.00 Not to Exceed: $400,000 Total Cost: $400,000 For Fiscal Year: 2009 to 2010 Cover Memo Item # 32 Appropriation Code Amount Appropriation Comment 0315-96173-561200-539-000- $400,000 0000 Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 32 Attachment number 1 Page 1 Of 1 ?Q. SR-580 ' ?v , ---- --- --•---- • z? " o Z ! ST. NG, WOOD' RD. :E pa ENTERPRI "E ???R VIRGINIA GR? ---- ST........ . .............. W W cc J ? W ........ ... m UNION ST W ,?, u MONTCLAIR RD ?.h v Y it . O ' MAIN ST POINT RD. SUNSET POINT RD. cq W L0 U co W Z SR-590 IJ s C? N, A w 0 R ?? ......... .... S? ........ . ST \ PALMETTO W ?1 W co \? Q O O GOB 2 ?z- U gPy ST ST 1 i 0 7 SR-60 RD. ?i O Q RD. sy BLVD. 0 Clearwater Alligator Creek Watershed Outline Legend Watershed Outline N Clearwater Service Area W E Prepared by: Engineering Department Geographic Technology Division Ite m # 3? 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www. MyC learwater. corn Map Gen By: JHH Reviewed By: AM Date: 10/2/2009 Grid #: S-T-R: Scale: N.T.S. Attachment number 2 Page 1 of 11 JONES ENGINEERS I ARCHITECTS I SCIENTISTS JONES EDMUNDS & ASSOC NC. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER 2. SCOPE OF SERVICES: I SCOPE OF WORK The following Scope of Work outlines the elements and their associated tasks and the deliverables included in this Work Order. Jones Edmunds & Associates, Inc. (Jones Edmunds) will perform the required professional services in accordance with the "2002 - Southwest Florida Water Management District's Watershed Management Program Guidelines and Specifications" (G&S) and subsequent correspondence and clarifications provided to Jones Edmunds before the execution of this contract, incorporated herein by reference and "Federal Emergency Management Agency's Guidelines and Specifications for Flood Hazard Mapping Partners" (Available for download at http://www.fema.gov/plan/prevent/fhm/dl c s.shtm). The scope of work summarizes a list of elements and tasks to be completed. Elements and tasks not included, or to be updated from existing information will be specifically noted. This project includes obtaining and evaluating Digital Topographic Information, a summary of Watershed Evaluation elements and a review with the District prior to proceeding to the next phase. The range of services to be provided in this initial work order includes desktop evaluation of existing data and recommendations for additional data collection; field collection of data, developing terrain features in the Geographic Watershed Information System (GWIS) geodatabase, a preliminary model configuration summary and review with the City and the Water Management District; and completing the Watershed Evaluation. The Watershed Evaluation includes collecting existing data, GIS processing of the terrain features to establish catchments and connectivity, field reconnaissance, refining the terrain features if necessary, and developing hydraulic element point features. Item # 32 Attachment number 2 Page 2 of 11 1.1. DEVELOP PROJECT APPROACH AND PREPARE QA/QC PLAN 1.1.1 Project Communications/Protocol - Jones Edmunds will submit a memo to the City and to SWFWMD documenting the project communication protocols between Jones Edmunds, the SWFWMD, and City staff. Deliverable: Technical memo summarizing project communication 1.1.2 Project Development/Approach - The Jones Edmunds Project Team will spend time reviewing the watershed and the available data to help develop an understanding of the appropriate effort required to complete the project. Jones Edmunds will prepare and submit a technical memorandum that follows the general scope of work, but provides a more watershed specific approach to the project. Deliverable: Technical memo outlining the project approach. 1.1.3 Quality Assurance and Quality Control Plan - Jones Edmunds will submit a quality assurance and quality control plan that will document how the Jones Edmunds Project Team will implement quality assurance throughout the project. The plan will also document the quality control tasks that the Jones Edmunds Team will conduct at interim stages throughout the proj ect. Deliverable: QA/QC Plan 1. 2 TOPOGRAPHIC INFORMATION PHASE 1.2.1 Acquisition of Data and Desktop Review - Jones Edmunds will request certified Light Detection and Ranging (LiDAR) derived topographic information for the watershed from the Florida Division of Emergency Management. Jones Edmunds will perform a desktop review of the topographic information. We will review the data for its appropriateness for watershed modeling as described in this Scope of Work. We will note anomalies or possible concerns with the data. We will also perform a detailed review of the entire unfiltered point cloud at sample locations along drainage features (i.e. canals and ditches) and in wetlands. For budgeting purposes, 15 sample locations along drainage features and 5 along wetland features is assumed. We will relay any LiDAR data quality comments and concerns to the City and SWFWMD. Note that for this project it is understood that the LiDAR vendor has performed the quality- control measures necessary for certifying the data and Jones Edmunds will not be certifying the data. Item # 32 Attachment number 2 Page 3 of 11 Deliverable: Technical memo summarizing review of the Digital Terrain Model 1.2.2 Development of Preliminary Digital Terrain Model (DTM) - Jones Edmunds will convert the topographic data into the SWFWMD GWIS 1.6 format. Jones Edmunds will then develop and submit an ESRI Terrain feature and a raster DEM for the watershed that is based on the LiDAR- derived topographic information. Jones Edmunds will review metadata accompanying the LiDAR data. Deliverable: A raster DEM and ESRI Terrain Feature and required feature classes (submitted in the GWIS 1.6 Topographic Information Feature Dataset format). 1.2.3 Identification of Topographic Voids - Jones Edmunds will review the DTM for topographic void areas that may result from the following sources: ¦ Areas of dense vegetation coverage or other conditions that may render the LiDAR-collected data inadequate. ¦ Development that has occurred since the LiDAR collection that would have an effect on the hydraulic or hydrologic components of the model. Topographic void areas will be delineated in a separate geodatabase feature class, and a plan of action for ascertaining data (i.e. ground survey, field measurements, as-built information from ERP's) that will be needed to update the topographic void areas will be developed for review and comment. Updates in areas of topovoids may be made to this DTM during the Watershed Evaluation phase of the study. The final watershed DTM will only be submitted at the end of the Watershed Evaluation. Deliverable: Topovoid polygon feature class within Geodatabase and technical memo summarizing topovoids and necessary data for updates. Quality control: Quality control reviews of the topographic information will be documented by memorandum with attached graphics, if appropriate. 1.3 WATERSHED EVALUATION PHASE 1.3.1 Collect and Review Existing Data -The Jones Edmunds Project Team will gather and review the following types of available data: ¦ Previous modeling and WMP studies Item # 32 Attachment number 2 Page 4 of 11 ¦ Spatial data (aerial photos, soils, land use, etc.) ¦ Temporal data (Rainfall, stage, streamflow, etc.) ¦ Water quality data ¦ ERP permits and roadway record drawings ¦ High water marks, flooding problems ¦ City of Clearwater Stormwater Atlas We will review pertinent spatial and tabular data for accuracy and completeness. We will prepare a summary memorandum describing the pertinent data reviewed and detailing how these data may be used for the project. Data incorporated into the study will be added to the GWIS 1.6 database in the appropriate format. A separate "informational" feature class will be created to include data contained within the City's stormwater atlas, and the alignments of storm sewers and other local-scale drainage features digitized from ERPs and roadway record drawings. The purpose of this informational feature class will be to guide the delineation of subbasins. Hydraulic element points derived from these existing data sources will be added to the GWIS database only where necessary to support the development of the hydraulic model. Documentation will be included in the Technical Support Data Notebook (TSDN). Deliverable: Data Review Summary Memorandum, Partial GWIS database with "desktop" hydraulic element points. 1.3.2 Public Notification - Jones Edmunds will not develop information for public notification but will assist in Public Outreach as outlined in Task 1.3.11. It is assumed that the City will fulfill the intent of this task through their current systems of annual notification of residents within the watershed. Deliverable: None 1.3.3 Delineate Preliminary Subbasins, Nodes, and Connectivity - The Jones Edmunds Project Team will delineate preliminary subbasins, nodes, and links and place them using the DTM developed under Task 1.2.2. The appropriate geodatabase elements will be initially populated, but subbasin and node names will not be assigned at this stage. The level of detail in the node coverage and subbasin delineation will be generally consistent with the SWFWMD's Watershed Management Program Guidelines and Specifications, dated August 2002. However, node placement and subbasin delineation that exceeds the level of detail described in the SWFWMD's Guidelines and Specifications will be considered in special cases. For example, significant stormwater ponds (i.e., typically greater than 0.1 acres in surface area at the control elevation) will typically be included where covered by ERP permits. Item # 32 Attachment number 2 Page 5 of 11 Additional detail may also be necessary for accurate model representation of known flooding problems. Deliverable: ESRI Geodatabase containing preliminary watershed boundary, subwatershed boundaries, subbasins boundaries, preliminary node placement, and preliminary link (reach) alignments. Quality Control: Jones Edmunds will review the submitted data to confirm that it meets the City and SWFWMD formatting standards, level of detail, and reasonableness of watershed representation and to confirm that internal comments and City and SWFWMD comments have been addressed. 1.3.4 Prepare Hydraulic Inventory - The Jones Edmunds Project Team will prepare a hydraulic inventory which will involve field investigation of hydraulic features in the watershed considered to be of a "regional" or "intermediate" system scale. For example, driveway culverts would generally be considered "local" systems and would be excluded from the inventory, where not required by the level of detail standards outlined in Task 1.3.3 (above). Documentation of hydraulic features will include location, condition, dimensions and elevations, description of accessibility, and photographs. The information will be compiled into an ESRI GWIS 1.6 geodatabase which will have backup descriptive files (including sketches, surveys, descriptions, and digital photos) linked to the appropriate feature class. The hydraulic inventory will include information obtained as part of the data collection and review task, with additional and updated information obtained through field reconnaissance and field survey. 1.3.5 Field Reconnaissance - The Jones Edmunds Project Team will visit the locations of hydraulic element points, where accessible, to obtain digital photographs, GPS coordinates, and qualitative observations of the conveyance system concerning condition, channel roughness, and sedimentation. The field reconnaissance will be limited to the locations of elements to be included in the hydraulic model. Deliverables: Photographs in JPEG format and ESRI point feature class attributed with photograph locations and descriptions 1.3.6 Survey Plan - Field surveys will be required to obtain information such as channel cross sections, profiles, culverts, cross sections, and spot elevations that are not obtainable from existing sources. The Jones Edmunds Project Team will develop a scope of work for obtaining new field surveys. In addition to the hydraulic inventory needs, the scope will consider the topographic voids identified in Task 1.2.3. The City will provide the necessary survey crews and supervision by a professional land Item # 32 Attachment number 2 Page 6 of 11 surveyor to obtain the necessary survey data as outlined in the survey scope document. Deliverable: Survey scope document with ESRI feature classes of required cross section and structure survey locations. 1.3.7 Updates to Preliminary Subbasins, Nodes, and Connectivity - Based on the results of the hydraulic inventory task, the Jones Edmunds Project Team will update the preliminary subbasin delineations, node placements, and connectivity as necessary. Subbasins, nodes, and links will be named in accordance with naming conventions described in the SWFWMD's August 2002 Guidelines and Specifications. Deliverable: ESRI Geodatabase containing updated watershed boundary, subwatershed boundaries, subbasins boundaries, node locations, and link (reach) alignments (submitted in a format consistent with the GWIS Database Design Document, Version 1.6). 1.3.8 Development of Hydraulic Element Points - Point data such as channel cross section points, pipe inverts, and weir crest elevations obtained during the hydraulic inventory process will be entered into the GWIS 1.6 database by the Jones Edmunds project team. Deliverable: GWIS hydraulic element point feature dataset (submitted in a format consistent with the GWIS Database Design Document, Version 1.6). 1.3.9 Assess Stormwater System Maintenance Needs - The Jones Edmunds Project Team will conduct a preliminary immediate stormwater system maintenance needs assessment based on observations made during the field reconnaissance task. The maintenance assessment will include attending one meeting with City stormwater maintenance staff to discuss the existing maintenance schedules and current maintenance needs. We will summarize the findings of the maintenance assessment in a technical memorandum that will include recommendations for future maintenance activities, if appropriate. We expect to revisit these recommendations during the Watershed Management Plan phase. Deliverable: Technical memo summarizing immediate maintenance needs 1.3.10 Manage and Document Watershed Evaluation Data - Watershed Evaluation Report - The Jones Edmunds Project Team will prepare a draft report that summarizes the work performed in the Watershed Evaluation Phase. The Technical Support Data Notebook (TSDN) will be included as an appendix. We will submit the draft report to the City and to SWFWMD for review and comment. Upon receipt of written comments Item # 32 Attachment number 2 Page 7 of 11 from the City and SWFWMD, the Jones Edmunds Project Team will prepare and submit a final Watershed Evaluation Report. Deliverables: Draft Watershed Evaluation Report, Final Watershed Evaluation Report The Jones Edmunds Project Team will review the submitted data to confirm that it meets the City and SWFWMD formatting standards, level of detail, and reasonableness of watershed representation and to confirm that internal comments and City and SWFWMD comments have been addressed. 1.3.11 Conduct Public Outreach and Project Website - Jones Edmunds will develop an initial project website that will include an overview of the watershed and information about the project. The website will also allow members of the public to submit comments to the City. Jones Edmunds will not be responsible for hosting the website and will not provide online GIS information during this phase of the project. Jones Edmunds will attend one public meeting and will provide graphics/boards for one public meeting. Deliverables: Electronic htm files that will be hosted on the City server. Graphics/boards for a public meeting. 3. PROJECT GOALS: Jones Edmunds & Associates, Inc. is pleased to provide the City of Clearwater with this proposal for providing services related to the Alligator Creek Watershed Management Plan. Jones Edmunds will work with Interflow Engineering, LLC as our subconsultant to complete the services described in this proposal. The Alligator Creek watershed, located in the City of Clearwater and Pinellas County, covers approximately 9 square miles. The primary problems in this watershed are recurring flood damage and water quality impairments. The Alligator Creek Watershed Management Plan is cooperatively funded by the City and the Southwest Florida Water Management District (SWFWMD). The Plan provides a way to evaluate strategies to protect, enhance, and restore water quality and natural systems, while achieving flood protection goals. The information developed will also provide the science to support the City's review of future development plans and for SWFWMD's resource management and environmental resource permitting, as well as aid in future work orders for development of "Best Management Practices" for the Tampa Bay Reasonable Assurance program. Survey services will be required to obtain information such as channel cross sections, profiles, culverts, cross sections, and spot elevations that are not obtainable from existing Item # 32 Attachment number 2 Page 8 of 11 sources. To reduce project costs, the City will provide the necessary survey crews and supervision by a professional land surveyor. 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by Jones Edmunds for the completion of these tasks, on a lump sum basis, for a fee of four hundred thousand Dollars and zero cents ($400,000.00), this includes a 27.4% contingency fee of $86,000.00 for out of scope services, and not to exceed fees for task allowances totaling three hundred and fourteen thousand Dollars and zero cents ($314,000.00). 5. 6. SCHEDULE: Task Task Start Complete No. Develop Project Approach and Prepare QA/QC 1 Plan Oct 09 Nov 09 2 Gather Topographic Information Oct 09 Dec 09 3 Collect and Review Existing Data Oct 09 Jan 09 4 Delineate Preliminary Subbasins, Nodes, and Jan 10 Apr 10 Connectivity 5 Prepare Hydraulic Inventory Feb 10 Jul 10 6 Assess Stormwater System Maintenance Needs Mar 10 May 10 Manage and Document Watershed Evaluation 7 Data Jun 10 Oct 10 8 Conduct Public Outreach Nov 09 Jan 10 Note: This schedule allows for 15 working days for the City and SWFWMD to review each task. STAFF ASSIGNMENT (Consultant): Jones Edmunds Team Key Staff: Tom Friedrich, P.E. Brett Cunningham, RE David Jones, P.E. Suzanne Kaufman, PE Drew Holley, E. I. David Brown John Loper, P.E. Daniel Parsons, E.I. Susan Gerena, E.I. Client Manager Technical Director QA/QC Project Manager Proj ect Engineer GIS Analyst Project Manager (Interfl ow) Project Engineer Proj ect Engineer 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Suzanne Kaufman, PE., Jones Edmunds Project Manager, with copies to Tom Friedrich, P.E. and John Loper, P.E. All Item # 32 Attachment number 2 Page 9 of 11 City project correspondence shall be directed to Allison McKinney, P.E. with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Veronica Josef, Senior Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to an estimated percent complete. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: .031 g ? - 10. SPECIAL CONSIDERATIONS: N/A PREPARED BY: APPROVED BY: Stanley F. Ferreira, PE Chief Operating Officer Jones Edmunds & Associates, Inc. Michael D. Quillen, PE City Engineer City of Clearwater Date Date Item # 32 Attachment number 2 Page 10 of 11 {Add the following as an Attachment.} ' 0 L Clearwater 0 CITY Off." I III ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment "A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address tom.mahonygclearwater-fl.com ? All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 32 Attachment number 2 Page 11 of 11 Task Description Subconsultant Services Labor Total 1.1 Develop Pro'ect Approach and Prepare QA/ QC Plan 1.1.1 Project communication protocol $3,000 1.1.2 Project development/approach $3,000 1.1.3 Quality assurance and quality control plan $3,000 TASK SUBTOTAL $9,000 1.2 1.2.1 Topographic Information Phase Acquisition of data and desktop review $14,000 1.2.2 Development of preliminary Digital Terrain Model (DTM) $13,000 1.2.3 Identification of Topographic Voids $12,000 TASK SUBTOTAL $39,000 1.3 Watershed Evaluation Phase 1.3.1 Collect and Review Existing Data $87,000 1.3.2 Public Notification $0 1.3.3 Delineate Preliminary Subbasins, Nodes, and Connectivity $34,000 1.3.4 Prepare Hydraulic Inventory $7,000 1.3.5 Field Reconnaissance $35,000 1.3.6 Survey Plan $13,000 1.3.7 Updates to Preliminary Subbasins, Nodes, Connectivity $5,000 1.3.8 Development of Hydraulic Element Points $19,000 1.3.9 Assess Stormwater Maintenance Needs $7,000 1.3.10 Manage and Document Watershed Evaluation Data $41,000 1.3.11 Conduct Public Outreach and Project Website $18,000 TASK SUBTOTAL $266,000 Subtotal, Labor and Subcontractors $314,000 Contingency (27.4%) $86,000 Grand Total $400,000 Item # 32 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date: 10/22/2009 Approve the Alligator Creek Watershed Management Plan Phase 1(N097) cooperative funding agreement in the amount of $200,000 between the City and Southwest Florida Water Management District (SWFWMD) and authorize the appropriate officials to execute same. (consent) SUMMARY: Southwest Florida Water Management District (SWFWMD) and the City cooperatively funded the 1997 Alligator Creek Watershed Management Plan (ACWMP) and many of the recommended projects have been completed. This project will update the ACWMP and the FEMA maps to reflect the existing conditions flooding risk. The watershed covers an area of approximately 9 square miles and is located in Clearwater, and Pinellas County. This project will be divided into two phases. This funding agreement no. 09000000108 is for Phase 1 of the project, which will include development of digital topographic information and completion of a watershed evaluation. Phase 2 of the project will create a revised model and an updated watershed management plan. The watershed evaluation element will include identification of existing watershed features, information from implemented projects, and an inventory of hydraulic and hydrologic features, a preliminary junction and reach GIS database, and a surface water resource evaluation. . This agreement will reimburse up to 50% of total costs of $400,000 up to and not to exceed $200,000. A first quarter amendment will increase Capital Improvement Program project 0315-96173, Alligator Creek Watershed Projects by $200,000 of SWFWMD (337900) grant revenue. Type: Current Year Budget?: Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Other No Budget Adjustment: Annual Operating Cost: Total Cost: to Yes Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 33 Attachment number 1 Page 1 of 12 coo;: !,,/E FUNDI I =TAKE J' FL01-J1 . , .'ATF1 L1 CITY F CLEA I 'V,- ;1 L_t FOP ALLIJl l -1I ' kJ- L H- LJ 'FNT PLAN PHASE 71,1 OOPERATIVE FUNDING Ad .. 1.1f fJ I l I 1 . ?,ll i ! I Ito by I tl ?LI-VVEST G Lt 1.3ILJ,,.,,T1 f ? 1` 1.11_rJ i ) 111-,T °lllIC--1 t I(r1 f:,lII(J?J for sn to MY C'I I mill of I l?t li-ss i 112 C iv, -,I Id, ! 1 1 i IG-Y,` VVITNE ET}"I A?`I lfa A'-", l 'iv "I I f' pi 1n - `,to they DISTRICT for finding °I-IE G-= EA , the rll,l Gp A ;if dilvelopment and re J-,-, r,J ?ind -Iement of the DI i F'..1 1 "I i I? f1?°f;f ProgiJ ?lln. h- il,li°<lf`; l fl' i.r l,1 t-,,,, I`.h '°PROJECT' and WHEREAS D1 -1 [ F1 T wilt ijors the, PROJECT w rlJFivr ,I id,- 3nd desires to assist the CITY in futi ? gki f 1.O JECT" OVV THEREFORE, the DI T I -] Sri CITY, it l of the rl'?ufu,3i r, ; f ccweria tits and conditions € i il-fl; hl << 'ill J ,I', l_: f ; l!-l11 ,',I) f',I.JT mm ?. l;lI'll'' I I ifll f ;1 11 j Ji fly I II B ;illy i` l' ("I1 0 G'i Lly U ?? ?1 1 +wtl,?3 g' ?I1?1 I:1iil Ia i?t (-lf / id i ?:':3f 11P1 .f"g Dirt. . 1 ?1l...°r1t. Item # 33 Page 1 of r' Attachment number 1 Page 2 of 12 I , [ the af7o`v 111 r ,fry ?I III." 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Ill' ?L_l[ti ,['?''Ii i, d- that tI a. : ,!..I cost l?I t'iv I'ROJ .C- be Fc,°,1 I rr clr .i Till_;[, ; 1 , 1), ;.I {'I'11)1I Tf, t)I Tt-N6r_T ?.. ?? tl ti Two F'G U[?id<<,??J Ti r i?,?_t O 1CI?;[--, I?,?:'[ ACiH ? Iri_i ?i.[.?. I >II?a1 11 tC) fu' 13 y a[I t liytrl?_j SIN-3 1n xlMUm ; rriount. "phi- CITY t1,, 1.1 U F( '.T casts is to Tvi.i:, I l1.1[.drt-I I f hilli[, I in 11 ?lAr (200,?0CO) a11!i ?'%'ill L Il'1 1 hjt ._ ll AS 1rl ,., IIt ?l 1t?I1.,11 11F'l1 ?i >t ?..ll f"5 +? I."il -I-i'it, I-ll.:CIT I' it „ .)l' 11,1.' ]ll fi i11i the .1 Are, it C,?`fY f(?I 111 PROJEt" 17 +.-A! I E jlCitj 11.1 illy 1111 11 1 l 11: The CITY 1,% id 1t;?.II the DISTRICT .%:ith wrilt?'I, allocation of r frf flm- i prc ri t r for t1JIL- I'R( JEC1'_. )I`. FRIG T pro I?. ? ? s1?,1 tt i,, PROJECT it ? ;.11td- ..ill state and I'.-'i3 'C:.ti, 11, ][1t t 1. 1[1 her(s@in1 C I t i X11',; ' j lli,f r jl1[ 1_, h)l: 1 t "ITT, This 1r rr°i nxi tl th rlt. 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L??, i I'I? ,I r????,t?i. ;?i l ??'i•??',. i, f'ie CITY at the PROJECT CSI I RI 1' an , it ti Basin l If,:;l, r ri. rlflt n(I I, Ill"[), ,'I'i li°It ?,t? 1;1 Item # 33 Attachment number 1 Page 5 of 12 12, f ,f I1 1 ?."P I .! I i a I 1 FF T`r f I? HT' i f ? 11 and 3W I.iII ; P1 .I ?f ti fart 3',t I i-,1, d jr![i 1[-1- 1 , 13- LA 1.1f '? E f Will 02111[11I ?f. iI -1 1 V,1(', 11 ?? ?'l li. _.f f?'II {I !] f ?hIf f'fa II ?11? I f'' J! »,T A if F- 1 „Ir;ilill l '??? `l 1f1? II 3 ?? I.i. I`?_ii 'f II 1 h?1?:6?m)?nh.?? tta4.xpI II Ili ? II ??I! l l T ll i lw.l [ r 1 lT 1?1 f 1 I -'? ,I t I' . ?I?i I r ? I CTlI1! Th, E13-1 ili L'II? n ;it) .?' I I illy fot 1'I_?i [11 if Ij 911 I -g- 1i. 1'II. FII i I f 4 1 ?I { 1r;i 1 ..l i 'ff 1' IL' Ili f 1 ,ifl !II,Jfi,.1f if ?lli }?t I.l ?? f ;1 1?1 ?il I' l.. .I 'I.1 Il,lffyl !it's an LJ?_I t?l I In 11131: i If II p: f 1?1i ya Ii?C 101 ril?fil fII _3 ;Ihs bl laws. 1w . 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Q O O GOB 2 ?z- U gPy ST ST 1 i 0 7 SR-60 RD. ?i O Q RD. sy BLVD. 0 Clearwater Alligator Creek Watershed Outline Legend Watershed Outline N Clearwater Service Area W E Prepared by: Engineering Department Geographic Technology Division Ite m # 3 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www. MyC learwater. corn Map Gen By: JHH Reviewed By: AM Date: 10/2/2009 Grid #: S-T-R: Scale: N.T.S. ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award Construction contract for the Bayfront Upland Improvements Project (07-0045-MA) to BRW Contracting Inc., in the amount of $456,009.66 and an additional $27,500 for Alternate Bid Item 81 for a total contract value of $483,509.66 and authorize the appropriate officials to execute same. (consent) SUMMARY: This project consists of upland improvements in support of the Downtown Boat Slips and Promenade projects. Key elements include upgrades to the existing bayfront parking lots, and the addition of crosswalks, drop off lanes and medians along Drew Street. Other elements include landscaping, irrigation, re-grading, sidewalks,stormwater re-routing, lift station install at the dockmaster building, bayfront lighting, and approval of the alternate bid item of a paver designed compass. The Marine and Aviation, Parks and Recreation and Parking System Departments will be responsible for the operation and maintenance of these improvements. Sufficient revenue is available in Capital Improvement Program projects 0315-93405, Downtown Boatslips in the amount of $434,067.69; 0315-92630, Parking Lot Resurfacing in the amount of $19,430.67; and 0315-92636, Parking Lot Improvements Improvements in the amount of $30,011.30. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: $483,509.66 Annual Operating Cost: Not to Exceed: $483,509.66 Total Cost: $483,509.66 For Fiscal Year: 2009 to 2010 Appropriation Code Amount Appropriation Comment 0315-93405-563700-575-000- $434,067.69 0000 0315-92630-563500-545-000- $ 19,430.67 0000 0315-92636-563500-545-000- $ 30,011.30 0000 Bid Required?: Yes Bid Number: 07-0045- MA Other Bid / Contract: Bid Exceptions: None Cover Memo Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City WRg#r"67 Clerk 7) City Approval: Manager 8) Clerk Attachment number 1 Page 1 of 7 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we BRW CONTRACTING, INC. Contractor and BANKERS INSURANCE COMPANY (Surety) whose home address is P. O. BOX 33015, ST. PETERSBURG, FLORIDA 33733. HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: FOUR HUNDRED EIGHTY- THREE THOUSAND FIVE HUNDRED NINE DOLLARS AND SIXTY SIX CENTS ($483,509.66) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ,. day of 2009, entered into between the Contractor and the City of Clearwater for: BAYFRONT UPLAND IMPROVEMENT PROJECT (07-0045-MA) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page 1 Item # 34 Attachment number 1 Page 2 of 7 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of 2009 BRW CONTRACTING, INC. CONTRACTOR By: ATTEST: WITNESS: COUNTERSIGNED: SURETY By: ATTORNEY-IN-FACT Page 2 Item # 34 Attachment number 1 Page 3 of 7 CONTRACT This CONTRACT made and entered into this day of , 2009 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and BRW CONTRACTING, INC. of the City of LAND O'LAKES, County of PASCO and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: BAYFRONT UPLAND IMPROVEMENT PROJECT (07-0045-MA) FOR THE SUM OF: FOUR HUNDRED EIGHTY-THREE THOUSAND FIVE HUNDRED NINE DOLLARS AND SIXTY SIX CENTS ($483,509.66) In accordance with such proposal and technical suppl FOUR HUNDRED EIGHTY-THREE THOUSAND FIVE HUNDRED NINE DOLLARS AND SIXTY SIX CENTS ($483,509.66)emental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS Page 3 Item # 34 Attachment number 1 Page 4 of 7 OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 4 Item # 34 Attachment number 1 Page 5 of 7 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Page 5 Item # 34 Attachment number 1 Page 6 of 7 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Horne, H City Manager Attest: Countersigned Seal) Cynthia E. Goudeau, City Clerk By: Approved as to form Frank Hibbard, Mayor-Councilmember Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) By: (SEAL) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Page 6 Item # 34 Attachment number 1 Page 7 of 7 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF FLORIDA COUNTY OF On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, who after being duly sworn, deposes and says: That he is the (TITLE) of BRW CONTRACTING, INC. a Florida Corporation, with its principal place of business located at 2522 HUNT ROAD, LAND O'LAKES, FLORIDA 34638. That the Contractor was the general contractor under a contract executed on the day of 2009, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of BAYFRONT UPLAND IMPROVEMENT PROJECT (07-0045-MA) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me BRW CONTRACTING, INC. AFFIANT This day of , 2009 NOTARY PUBLIC My Commission Expires: BY: PRESIDENT Page 7 Item # 34 Z6 (7 V o O O O O N . CO O M (0 co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 N 0 0 0 0 0 0 0 O 0 O 0 O 0 N 0 O 0 O 0 O 0 O 0 O 0 N 0 N 0 O J O O o I? M O O O O O N O V O O O O O ? O O N O O M O M M O O N N W O I? O r m M N J J LL O O O N N I? O N M N M N O N N N O O O N I V N O O O O N N M M ? N N O O N M J H O N N N N (O W O o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o (7 O o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o z N N H Z O O N O N V M N M O O O O O N M O V M M O M O O N O N O O O O O O M (O O N O N W O O O O O N O N N O I? 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V V N N OD V (O N N O OD V r (O N Q M Q Z W J O Z LL E9 EA EA EA EA EA EA fA fA fA EA EA EA fA fA fA 0 0 0 0 7 u) U 0 0 m o ¢ a M J ? LL o M 0 O J c H O U z _ ? E» E» O O O O N N I? V N w O O O V N w U M ~ 0 O 0 M M M M N I? r V M N V V N N M O O O O O O N V V N (O M Z w M Z 7 M 0 M N N r O V W M V V V N N N V O O O O O N O N N N N l 7i O Z (O N N O V N ? J V V N N V V F F LL Q z U) = Y Z N J D 0 O DU nO 0 K O O N 3 p a v z CO J Z 7 ? Z J W d rn ? } F } 0 ro ro U N ao 000 00 U) v 0 05 o 06 05 Z O Ca Ca W W co ?O ro U) w w U U) Q ? (D 06 `O g C7 U Z m r o 00 g 0- U) w W Z U) F N != Q F 0 W F O F Z 0 W ~ o J j r ~ W U) m W El 2 O f w c o O m a > o w m z Q 0 U ,n U) 0 _ w s U 0 M CO 0 fn W F Attachment number 2 Page 3 of 6 Attachment number 2 Page 4 of 6 Attachment number 2 Page 5 of 6 Attachment number 2 Page 6 of 6 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Declaration of the Tampa Bay Nitrogen Management Consortium (NMC) to implement the 2009 Tampa Bay Reasonable Assurance Addendum and authorize appropriate officials to execute same. (consent) SUMMARY: The NMC participants, which includes the City of Clearwater, developed a set of nitrogen allocations that attempts to equitably distribute the nitrogen loading for each major bay segment. The cumulative allocated load is equal to the 1998 federally recognized Total Maximum Daily Load (TMDL) for each segment. These allocations are required in order for existing NPDES permits to be renewed or new permits to be issued. The Utilities and Stormwater Departments both hold several permits affected by the Tampa Bay TMDL for nitrogen. 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 8 Final NMW' Approved fain pa 1 aY NITrOPclI l t,m." it Consortimn Declaration 9/11/09 Y,?i, H'r1 HAY 1 1"1""1 fIff, EN i',L'tl"tiT.t C E'R,1117NI ' CMT ` OQ,01117M f ? In' I ga.",n n h,a n "??!"V '?,? St 1 t`Al?`> IN I I IF Rl_`t (A, I IC Y t_tl I I IF L1Vll'r". BAY L`'H 1A F',Y h'rnni tFc iippcrmnst tCrIch-e cat (Ad faniVF? i Bay and llilLbuiuugh F3av, to the inoltth ofthr h,-i, It 1_. liit hey, the 1 Iii III r,t lta? estu?iry? ir, ia?idc up of a uric°tti tat lu?i?iitut:; whcrc fish and ot1wi, wildlife find shciter awd food. They range from lash underwater hciis nl scat.rassc,s. to tid,d 11UirSlw", and mant;iove swamps. Al)undxit and hcalthy habitats III", c.t,t]c. III lo Ow hcljlfh (-)['the ba.y. Without thurn, 1 mil,a Bay wxmd l litck th dwc i,i.ty' of lish, kif&, rflhj uIIICI "?ihllilie that contribute to the r.,inir;d wonder of the regioii and r ?'` `:C Iltlcil to its CCOI1011r1c ? ltallty. Submerged seagrass is antwir,L. tiw most irrtfl? lit habitats because it serves as shelter. nursery, and food source for a diverse variety ofspccics and stabilizes the, bay bottom, Restoration of sea sass habitat is a priority environmental goal of local foverni-neat and agency partners ofthe Tampa Bay 1;stuary Program. The key to restoring seaflrass is iir prop ing and then maintaiiiirll adcgcrate water clarity that allows light to pc.netrrit(,, into the sh"cl Irity evaters of the fray whtercf ;i4.ra , ,ea grow. And the key to maint:i0im), wnwr clarity is pre vc'r,ling excessive nitrogen - a natricnt nc(:csslt°y fcrr plant growth - from cmering ilie bay and stititulating the growth of riric'rosc opic° ilg-w that cloud the water, and pre;writ f ig ht front reaching the se.r?,.ra scs. Water clarity in Tampa Bay dechned markedly in the. 1950s, fit?s, and 71 _ts as rapid population Ptozvth lcd to increased disclrar±rer, of h.irtlnlly trcif d ;,cl4:lt?4 with ls3rs,c M'110 1,1111S 011nitrogell. Algae blooms and fish kills were common and almost 50"o of'scagrass in the hay died off as a result of insufficient light, Unregulated dredge and till operations contributed to the problem by further c:louciirr ,. the wetter. 1'hr year 1979 marked I,t tui riing, point in the condition of the flay when the City of Tampa upi trndcd the Howard F. C urrer Plant at [lookers Point to advanced wa,te:ti atcr trc,,itincw which ic:d nutriertt rc wog it ,aril .,,Ii,trply rrelrrcrcl the- nmoiint of nitrrrrrcn hhins., disc hr?r;?ecl into the hay. Across the bay, the Cifv ot? I PelFrshur?) pionc c-rcd Ow 1 wiw,?'s: Fr,l l ii-- ,ilo rc°c'lalnied wa,,,Wwatc,r program, rccl<iirninl) ? atc r for in i`-,itlutl of lav,trsi and gulf c:ouise, tathc r than dk,CJmn,Ing it into tyre ha,,% The clu dity of fray \4atc,, ti , crs?tcincied quickly to t},e sharp reducti+rn in nitrogen loading. C",c7 W(Ttratious of chlolo[f t\,ll to indicator of the aurount ofah'T W :>II ICiided in the wsitcr- dropii'd cir,n,ui[ically lit all rrirrjc>r se TnieiJ!, nh Il,c; kiY betNw--l, 1 `) ' ?111J III Ri%? iflone, the averaf;e chlorohhyli concrntrtirtion; Wl from $7 units ni rlilowplrvH lit IOIC, to 13 Unit,; in 1081. Seagrasses respondcd morc slo?ti Iti to the improviii r, wiltLr c lttrit?, but expanded to 25,700 ,wTv: by 1990 ]rorn a low point of'.' l,600 acres in 19X`)rrcovel°y has continu(d, and s"rte g asses in 2008 covered 2:1),CoO acres baywide. Page 1 Item # 35 Attachment number 1 Page 2 of 8 Final NMC Approved Tampa Bay Nitrogen Management Consortium Declaration 9/11/09 The Tampa Flay National Estuary Program (N F.P) was e tablished in 1991 to help local ttciv= rni?l?->rt? rl ,,,n, i"- 'ir(i ntIi?-r. -j:i,r-?-t,ciI,i,,r in r}3 T`IiIlp -I :I r,-:i l,, `, _'1 11? a ii1 t,, 11 1,1iI 11,11 It 'i ry nt I ;InlrGl I;,iy 11 ?'? 1i'I : ;Idkvl,' l <lIli ]I;:rl?_' t t)Il_,CI I,riILI,IL Gild {Sirlnt?rlll?'l li Ph[! gilt €rl I ??'l'('l llh?'r l???l{? thltl ulc'lctdcd ni?`a.S tll al?lL.' `coal; f_i_lr rL:it [_)1'III?T_ :;t a?`,la .;CS and rebated tsir.r, is for redlie1 , r?itrr?r?f°r? disco lru to fjeo h;ty. Tht, hrlrtits jamrim,m,Jy nllor,t d a "hold the line" target on nitrogen discharges that capped the load at a le\el that 'Mould ensure adequate water clarity and light to sustain scagrass recovery. Local `,,overnn?4 nt and agency partners in the NF:f' reinforced their commitment to achicvln_, dic, arorll<; thrott"h an Inte:rlocal Agreernent adopted in 1998. In August 1996, the NEP`s govcrniwl utal partners.joined with i`ey ndw Lric_, i€r tyre Tampa Bay region to create ?t unique ad-hoc public private partnership known as the Tampa Bay Nitrogen llfiana;7.crl?r nt Colrsnltiurn for the xl?I ;r; purFros;e ot'developing, a Consortium Action I'lan to lno,t t1w, '`hoiil t1w litre" tat°1et. Tlw ori;,inal Ac-lion Plan corlsVstcd of mare than 1 NO priJccts that collccJ%cly reduced or prcc hided mtr o Jen dischal`Les to dw hav by art estin-iated 1J4 tons'yoar beL c(2n 1995 and 1999. The. Action flan, c ntitled Partn,v,shjp )r Pr(> r=es,s, was the- c orL, (if T larger irttrogcn management strsatogy that iII?; ILl(l d. tlat hry ii( C ?,cagr`srss 1'estcrratitarl'f?teset atictta goal; chlorophvll and nitrogen reduction targets fttr each major bay segment; apportlorn7cnt of responsibility f(-)r meeting the nitrogen reduction targets; and a process to track whether tlae targets were E)cin nret.. In November 2002, the Florida Department of Environmental Protection. (l OF P) concluded that the Tampa Fury Nitrofcn Management Consortium's mtro.!en management strategy provided reasonable assurance that t}ac ;tntc waver riuality criteria for nutrients would be naet. The U. S. Frrviron€Taental Protection A>'enc fl_'PA) in the rneatrtlme contioties to recognize a 1998 action by H)l-.P that proposcd a total waxittiLrm load {"f'cdcral ly-€°eco, rriLed TNtDL-) of nitrotren that could be d scltar1,_,cd to the b,-t,\ annually and still meet state water duality standards related to nutrir°ttt ,, Roth FD I"s rc,rr?oiwhle ai,.Mlrance determination and the total maximum nitror,cn loLltlin , rctx _ -I by EPA tj-c bxr cd oll : trrti;tiecll modeling and data analyses Erin 1,y the Tampa. Ba\ E,AuAary Program and it. ,o artm,r ;. In TOW, additional local govern mr,nts iTI I t6eS' Kid <isFr?trrirs Itoj i?rithin the, Tampa [lay waf,,islacd were invited to becoino parllclp>, its ill the :c?ir?urt unr. to help deticlrrp and implement a collaborative watei-,hcd approach to nitrogen mana'Lcwcrat for'Tarnpa Bay and to meet regulatory rcaltrir? Ir,trlrt:; of FDE.P .arali F"P,A. A tot.,l of l°) c°ntities now noctively pralrticip;& in the Consortium, Additional background on the history of the 1 ampa Bay nitrogen managenw-vt strategy can be found in 1"x1iibit "A" The remarkable rccovory° of the Tampa Bay ecosystem after decades of decline is unprecedented among urban cstusu-ies ,\orldvvido, The rebound in water clual ti arad ecological health of the hay is even ntcare rc'r>lo-rrl<:l}rl:, ill li; lr1 W the, soi_,iw 1iopulatiort growth cluring the. recovery period. Page 2 Item # 35 Attachment number 1 Page 3 of 8 Final NNIC" Approved Tampa Bay Nitrogen ana errtc??t Cot7SOrtlLtrll Declaration 9/1 l /09 FDEP, FICA, and the. Consorti tm want to continue the success of the collaborative nitrok'cr managemert strategy spearheaded by the C'onsorTium. /V the samc time the regulated meml)ers of the C'on,:r,rilwii of FP,FT) t?,, i,clmini-t,r rli,- ?-11 "iU61W) 'ilt'ti regulations Inr tivhic,h th?,yf ,ire, rc _;putl.tkil?: tim(i thr_it f, l ' and A itae,c jndicatcd titc? may trot issue discha? ?l_c pc:rrnas w 11E7oczt 11111 tatiotts thai ensure complianc c with the total maximum nitrogen load recognized by pf'A. In 1998, USF.PA approved a Total Maximum Daily Load (TMDL) For nitrogen for "Pampa Bay as is required by Section 303(d) of the federal Clean Water Act. In 2007, USEP"A and FDH' advised the Nitrogen Management Consortium that existing and Nature surface wat(:- dischart t 11 permit limits for entities discharging to Tampa Bay must not Cumulatively exceed the fcdtra ly- rec(W111rc'cl TM1)] for niii,w,,cii lc)ading, and that no new or renewed permits w=ould be approved until facility-specific allot ?rtlofis consistent with she l 11 L were clc?yeloped. In December 2007, the Nitre}Lacer Nlanagcmtit Consortium proaetk'J.\ conirnittcd to dc? Jop an equitable process and dctlne suggested allocations to all sources throu,fh the 2009'l miipa Bay Reasonable Assurance Addendum. To help ensure cmitij ued recovery of vital seagrass h,'rbitat and the succo,;sf l nilrc,Lre° management str<?tc << that makes it possible, local ,.,o\c mmcn1s, a,,c ric•it s, aitd 6 rlc15trz participants of the Nitrogen Management consortium worked together over 18 morths to provide FDEP with an updatcd reasonable assurance document, ensuriing that state water quality criteria for nutrients will c.ont.inuc to be inet in the. bay. The pt tli Wii,aw ' t?veloped a scat of rtitlvo' qtr wasteload allocations thl,tt attempts to equitably distribute the burden of nitrogen mamwemcnt across all sector,, <wcl ,ourcc s of nitrogen loading within the basin, as well a the tot?ll maximum loading of nitrnf.ocr to each major bay scpmoi,t. P, c 3 Item # 35 Attachment number 1 Page 4 of 8 Final NMC Approved Tampa Bay Nitrogen vLwagernent Consortium Declaration 9/l 1/0 DECLARATION )1,rl1 l,r A. 11A, Il?rv ?.'".ull.?lV'r.?lw?al ihblll+,l? ? ? ?IC?I? 1'ARTY-11P AN 1 Q Ill Ti-tl~ Tn, IIP R Y T1'111'()F?l'N h9 ?,?t ?(-;I'I,II?i "V"")1'`l.'1wi 'l 1.t1_?;<<'I ?l?p` llll ll! I'J i lr IN II I111' '009 1AN11' A'i' 1yIl ,.O1rAUt_L. AS5i RAl' CE At)])] Nl)l_,Nl A.S I 10 L.N BUR C'ONt'INUINC RECOVERY OF THE TAP 411A BAY L iTilAR,Y: The und'ersI?,ned Consortium participant (City ol'Clearv, ?iw) herby ?wcqw} the.. 200 Tarnpa Bay e&,oiial,l Assurance Addendum and agrees with the r,nclc rtii r, ?? C onsorti rnt participant's nitre-en load allocations estal)llslicd by the C'orasoitlunt lur the 2008-201 Reasonable Assurance period (as described in Exhibit "A'"). 'this- t rY °laration shall take elt'C'et as to rhr i?nr1 r ri,,r? fi (-'onsortiuna participant executing this dcrcmc iit irpon its (late of executioll. Pa e .:1. Item # 35 Attachment number 1 Page 5 of 8 Final NMC_: Approved Tampa Bay Nitroger, ?Ttr7r? ,? n t tit Consortium Declaration 9/1 1/09 1'1?,' trr ?i >r °i, n rl' ntfit r r ` tY= f,I'C* , ...??,? 11 1 l>> .t1, tho TAMPA 13.;' V NITROGEN MANAf,i I,-A I11.IMImutiolltit ILIalt't,_11111c.iits. C `ourlfi r.sit?Jwtl: Frank VI-lihhar Mayor Approved as to form: Lcsiie K. Dnurall Assistant C i(y Att(?].Il ;y Page `: CITY OF Cl,FARWATFR, FLORIDA B. I Ionic 11 C.` i ty N I antager Attest:. Cynthia F. Cioudeau City Clerk Item # 35 Attachment number 1 Page 6 of 8 Final N MC Approved Tam pa Bay Nitrogen Management Consortium DecLrajio?n 9/1 1/0 E 111131`1' "A" [Final 2009 Reasonable Assurance A& ntitini: Allor;ition C Assessment Report] This 400 (1kw w(-j,t tit- `, ewcd ttriti liv thr link below, Table 1111-t Old Tampa Bay Lead Allocations, as found in the rir)ovc, rt-ferenc e(j report is attached. Page b Item # 35 Attachment number 1 Page 7 of 8 Final NMC Approved Document 5epte,mber 11, 2009 Table V11-1; Proposed nitrogen load allocation table for Old Tampa Bay. SW-Sulfac.? water discharge allocation, RE=Reuse discharge allocation. I' i .. wv,11 1111( t MIS4 % ,7/, ?P't I?lf ?`11l llr c_ (' o-?nar?ior L- 4 1, lA l City of Clearwater I le: ito(le ! hi ho r Hillsborough County Point Snump - Nuitheast RE N1' M S4 Point Source -Dale MI ibry SVV Point Source - Dale Mabry HL Point Source - Northvv-? Regional S Point Source - Northwest R-t-Ai anal RE I I p 4 13-3'74) I T4? 2,8 29 5.5 Pornt ScJ oi - R'' 7? h SW 1 4 1n `; Jul[ F i?JUI U,Jk,. 4 1 f, M54 1 l"'o City of Laiqu I tC 1rt OEJrCr', - f I rilg() `'Vv 1& - . l?l./?l It ?.]CJ I.If I.;t? - I .11 f?[1 Rt 2 b [ r ? f I arDi] Air horCF Se Vi54 ' Q 1' 1, MS4 1 4Jr, (;ity of uldsmar t'unt Source Oldsmar SW > i I Pnirt Sou rco Old ;mar RE n On Top of the World Pnilit Snim e. - Ori Top of the World - R r-- l 11a1m Flay !Vh`; cU 1 , f I':3rit I'I, r.r Nl `; I _ ( Vx. l Pasco l ount?l M,'34 Q 4" M4 l- ? 14 I'Er l 11 . t :rJunfy '()it it lur c . W L 1)urn I. ._. i - - Roilt t Source bridq wUay I\Crc`; 5W 1 l Gfy 1Jt r'il 0111, i 4q Item # 35 Attachment number 1 Page 8 of 8 f= id NMC Approved Docurm-nt September 11, 2009 Table V11-1 (continued): Old Tampa Bay proposed allocations. City of : atcty I I?irhor I dhS? , v j IVd ? ? ? (7 9'??t? cir y Ut 5t [,Wershurg L'nmt ;>nnrr.n t f' tr ( ?cilitir I;I 4.7 I SY wobriar Nf' D 1 "XI ? City of Tarpon 5prinq NI?? n 4 A I, (Jty 0 f ?ir7???? Iviti b 3 C WasYcl 5e NPS Non MS4/Neon Ag NI' m. Atmospheric Ucpc ition 33.6 'a Other (Groundwater rings, Conservation) _ B`l pl_1AC;5 (Agriculture) _ 6.1% ? ! Small ources d I 50 Item # 35 Attachment number 2 Page 1 of 3 Tt's pa- Bay ??dfltr?r;? ??,, >%°?ar,,:3 u,rim nit Co)nsi)N fr?aPPdi 2UN119 Ir asrifl?r arte A,,,ui once Update Summary In 1998, USFR.,X approved a Total Maximum Daily L( ,ad (TMDL) f(-,I- for Taniiprr Bav required b 5c 4tion 303?d) «f tic fcdcraf Clean Watcr roc I, h.rcl-d ?Al -1?. J('vL-Iolwd 1'? I I3H't,.rrrn I-? t„ support In "007, t SI PA and FD EP advised the Nitrogen Management Consortium that ? ?ls111 ? ;11]d fan_rrC surf?i? w,tt?'r cti s?:liar«r permit liniits Cot-entities discharging tc, 1111,;, lit ' nwUtil and t trnlr,f16ck v:?ceed the fcderally-ivct,?-id/c-d TMDL for nitrogen lo,,idhw, -mid tlrrit nr_? n,;tv or retie"'La },u' ~i it,, would he tppio7 Cd Until facility-specific ailo(c°ttions consistent with dw 'I 1MDL were dc:vrlr_ pcd. In December 2007, the Nitrogen Management Consortium proactively cc,r,rrrrith-A to devel(}l-) an equitable process and detine sgwested allocations to all sources through the 2009 'T'ampa. Bay Reasonable Assur once Addendurn.. The Consortium par ticil,ants developed a set of nitrogen wasteload allocations that attempts to equitably di,,tribute the i)tirdcn of nitrogen management across all 1ec•tcir4 anti sources of nits noen loading \, ithin the basin, as well as the tonal rn;r..itrrtlrrr loading crl' nitra,;rr1 to each major bay segment. 1`? )13? I t V I T t. Ai1;i, ,o "h'lh i ABI , kll,'01If IZE crmsi?;lrnt with the f-1t r.ally:.recr,;tiri)t'd nitrocer TMDLs Tsar existing 1IPDES pert-nits t>) be renc~ ,:d ,,r' r,(.-w tits to I)c issuccl. 2. "O° rLN1? E'9i:CHN11'CAL BASIS is cc,nsistent 4v'ith tntecting water quality (chlorophyll-a tlirr-holds) to support sc a:,r ass rL! oP,cry in Tampa Bay, 3. STAND kVZi lt?,FO EQ1,41"L",Cf?,li IlllQ'VVI have lwl'n cit,k?cloped 1,61-all entities and ;c,rnct:s within the. I arrrt,rj I3ay Nv.rtr;rst,L c1. PRIG E AND ALL CA'I iO WERE DEVELOPED BY ?',N-',OI T1UN PARR IPANT proactively, thus precluding the need for FD I' o> FF L? to der so. IPA and FD 1' have concurred with the Consortitttn`s approach at V<wh step ofthc prc c(. 's. f. rL`OI,lt VC 1'VV t D: - 1°1VE analyses and allocations, at a much reduced cost per entity than ifconductcd individually. reflect (vnsensus of over 50 participants. 6. ROME-",d KESU LT , ince 1096 ,,,hen the C;o11 ;"rti1111) WaS irlil;s?wd r+nrw'd water quality tarr^ets (chloroph? ll a threr;hold:) ha\ c been stet 96.5% of tic: tMIC. During this same period, seal rass coi crage expanded h? almost 10% (2,730 acres) to a bavti? idc total (}f 29,647 acres. Item # 35 Attachment number 2 Page 2 of 3 KEY ELEMENT OF PROPOSED ALLOCATDONS l lie f_':onsoil iurn participants developed the t6llo%N ink standard allocation protocol: a All nitro<igen sources, perrnittcd and unpermittcd rkCfi i%' fwi% !t.'n h?i??1 <iIlc?c:itli,?i,, The cumulative allocated load is equal to the 1998 I`cde all} -recogn1zed I'M lit., load for each segment, The flw-year ("008-'012) avci a,,,e annual R allocation for each source, is equal to the s'c'ar annual UVerage nitro"len load estimated for the year:, 2003 2007. Any t-cep, iori to the t,and.lrrl Ualloc,tation protocol is documk,nwI_i in the RA Addendum. The 2008-20111 RA 6IT-o, en load allocation f"car each bay segment is completely distributed to cx sting sources. In the flttr,rv ut \v or expanded sources v'« ill E)?: required to offset additional nitrogen loads, through doct,ravw _-d load reduction actions, protects, or transfers. For the purpos c_?F av e-ssin the RA a l lox:ations. the antinal rairrosten loads that can l)e I'k`+'i11)" ':lo 11 1.41y? ^ill`Y11 :air' ftdill J''d ii-i r?'f?t -t tl1L;'llw,)tmt of water do lint wd clurirrz Iht- yt-au relrlti?t to thatestirnated for 199' 1991. Annual loads are thus normalized (`hydrologically nornraliced') to tile. TMDl, hydrologic conditions. These annual hydrologic: normalizations sire not applied to surface water discharges from domestic wasteavatcr trcatrracnt plans ( W'I'I's) or to material losses from industrial facilities, which haX'c a fixed annivil allocation (tons of nitrogen/year) that does not flucwuilc "itit r'Jllfall. Other sources, which are primarily rainfall driven, are provided a sot percenlaget of the remaining total (hydrologically norfraalired) allocation liar (ac:h year. In this manner, these wirli`all driven sources arc a:,.,eL'Scd on a "sliding scale" related to the damorrnt of ?witoi delivered, allowing higher nitrogen leads during wetter years and roquit inn to ads during dry cr % <o ". In the future, an\ maJor changes to these; ti11 rrrr 1tC i allrw:iriotis was}uld be to address the Hallowing coeditiolvi: Chloro phyll-rr conditions rit 1t riw,ilt in the bay as a result ol,,.li,m'Vc,, ire mtro?:c.'ra loads, l'hc f'?-k1c°r:illy -rc.cof nixed TMDL is revised to account for the :i."slllrilmive capacitti of (he bay; or FDEP-approved transfers occur Lamont, pei rnitted entities can a case-by-case, h,asis, as indicated in resulting permit modifications. Item # 35 Attachment number 2 Page 3 of 3 IMPORTANT CONSVIE RATION EPA defines a TMDL as the in-tixirnurn amount of contaminant that a waterbo(ty k-?m r c°tiN e and still maintain ?? ntcr ciutality standard;, `l`lris rn rxim lrn 01110tent is r111ti1,ir-ro Ih(: ?w:rt(;rb(_)dy's' ???similatire capacity" fOr thc r,%jtr r ??nralirv par;,rn? r, I,, The TE,CP tnana scrncnt tar-et-, for nitru?xen lk, din were not developed as the nitre, crl ussirnilati?e caPacit?for "hr rnpa }may. t,f?scquLnt ;_rr?nttal observations ???,lti' tllAt l?,it?i? ?lll<ih111 till"?`lti >nr- 111rt ltt' rrl?f',t 4e?il`, i.1lIL'll ?:`,t1111?rtL'?1 nltrUti!Cn load" al-(- hi,,_..hcr than tlrc 199 1994 cstirrr ac,., itrciicatinta L11111 tile existin L), federally -r(.(ognizt°d nitrogen I'MI_)L may not rcticct the ?:urrcnt assimilative capacity of`l`ampa Hay. A fthou4T}a the Consortium participants recognize that the existing fcdcrally_. recot?nizcd TM DL may not reflect Tampa Bar's "Issiniilative capacity, P.Mlicipants also wi,,h to all ?w perinits to be issued with equitable allocations ?6ilc,; the assin'tilatiwc c:aipacity ior° n1trogvn is evaluated. llUE° __llAIAATICI The Declaratic,n l nt ua c, 1-i,r ?urrsideraticrrr by Boards, Councils and private entity t, g aUthc_rritie',, i5 is I`?711u? s. E-11ribit A" is die tr3chnit;al document. describing the process and xi, wl, 4"k)pk,6 11? lllr ?_+_ Il`_; r1tltlrrl PtI(k'll)Lrnt". IIt?J ' O OF 0 flfki TA I1A 1 ,-0, 10 INN 7dhll,N NO AGNA- PARTICIPANTS IN T1 IE TAIMPA BAY NITROGEN MANAGEMENT C ONSORTIUK4 DECLARE 111' ElR INTENT TO IM131, :ML;NT TH "01) T.WPA BAY REASONABLE, ASSURANCE ADDENDUM AS FOLLOWS TO L.'?SURE CONTINUING RECOVERY OF THE TAMPA BAY ESTUARY: The tnadr:rr;is7ncrl (r)nsortir.rm participant lv,ivhy ?i? k l pis dw 2[)09 t mijp Hcty Reasol,able Assurance Addendurn and agrees with the undC11-4rrcd ('c111su01unl 1)rirticillaill`5 rritrr_>.;en load alloc;itir ns established by the Consortium forthe :008--'01:'. Rca,onakle Assui-al-cc Period d(-, cribec. in Exhibit "A"). Item # 35 Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Work Order in the amount of $271,690 to Cardno TBE, an Engineer-of-Record for the City of Clearwater, to provide Construction Engineering and Inspection (CEI) services for the relocation of the City's water, sewer and reclaimed water facilities that are in conflict with the reconstruction of US 19 from Whitney Road to north of Gulf to Bay Blvd, (SR 60 and authorize the appropriate officials to execute same. (consent) SUMMARY: This Agenda Item is for Construction Engineering and Inspection, (CEI), services for the relocation of the City's existing water, sewer and reclaimed water mains that are in conflict with the reconstruction of US 19 from Whitney Road to north of SR 60 (Gulf to Bay Blvd), FDOT FPN: 256881-1 and 256881-2. The scope of the work includes general project management, coordination and construction administration, receive, review, log and process shop drawings, attend progress meetings, observe and report on the progress and quality of work, review requests for payment, provide record drawings and project close-out Project construction will commence in January 2010 with utility work anticipated to take twelve (12) months to complete. Cardino TBE is the FOR responsible for designing the utility relocation work and will provide CEI services related to work on the City of Clearwater's infrastructure throughout the construction period for a fee of $271,690. Sufficient budget and funding with 2009 Water and Sewer Revenue Bond proceeds is available in project 0376-96739, Reclaimed Water Distribution, System, in the amount of $27,140.00 and in project 0376-96742, Line Relocation-Capitalized in the amount of $190,200,00. Sufficient budget and Utility revenue is available in project 0327-96634, Sanitary Utility Relocation Accommodation in the amount of $54,350.00 for a total of $271,690.00 for this contract. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $271,690.00 Not to Exceed: For Fiscal Year: 2009 to 2010 Budget Adjustment: None Annual Operating Cost: Total Cost: $271,690.00 Appropriation Code Amount 0376-96742-561300-533-000- $190,200.00 0000 0327-96634-561300-535-000- $54,350.00 0000 0376-96739-561300-533-000- $27,140.00 0000 Appropriation Comment see summary section see summary section see summary section Cover Memo Ite # 36 Bid Required?: Yes Bid Number: Other Bid / Contract: FDOT Bid Exceptions: None Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 36 Attachment number 1 Page 1 of 1 N Item # 36 Attachment number 2 Page 1 of 4 :r Item #36 Attachment number 2 Page 2 of 4 Attachment number 2 Page 3 of 4 ?o- _n -r s, 1. All t i l l s 1 Item # 36 Attachment number 2 Page 4 of 4 Item # 36 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/22/2009 Award a contract to Suncoast Development of Pinellas County, Inc. of Odessa, Florida in the amount of $1,212,827.00 for construction of the Water Treatment Plants 1 and 3 Wellfield Expansion Project Phase II - Raw Water Mains (project number 07- 0037-UT), which is the lowest responsible bid received in accordance with the plans and specifications for this project and authorize the appropriate officials to execute same. (consent) SUMMARY: This agenda item is for the construction of new raw water mains as the second phase of the Wellfield Expansion Project where Phase I - Well Installation was awarded in January 2009 and is under construction. The goal of this project is to connect the new wells to the Water Treatment Plants 1 and 3, so raw water can be treated to produce drinking water. It is anticipated construction will be accomplished in 360 days and be completed by the end of November 2010. McKim and Creed, the engineering design consultant for this project and an Engineer-of-Record for the City of Clearwater, is responsible for the design of the improvements. The final engineering estimate was $2,057,850. There were 8 bids submitted ranging from the low bid of $1,212,827 by Suncoast Development of Pinellas County, Inc. to a the high bid of $1,936,000.00. After comparing the bids, McKim and Creed's recommendation is to award construction of the project to Suncoast Development of Pinellas County, Inc. in the amount of $1,212,827.00, and City staff concurs. The City of Clearwater's Public Utilities Department Water Division is responsible for owning, operating and maintaining the raw water system. Sufficient budget and funding with 2009 Water and Sewer Revenue Bond proceeds are available in project 0376-96763, Wellfield Expansion, in the amount of $319,231.00 and in project 0376-96764, RO Plant Expansion in the amount of $893,596.00 for a total of $1,212,827.00 for this contract. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $1,212,827.00 Not to Exceed: For Fiscal Year: 2009 to 2010 Budget Adjustment: None Annual Operating Cost: Total Cost: $1,212,827.00 Appropriation Code 0376-96763-563800-533- 000-0000 0376-96764-563800-533- 000-0000 Amount Appropriation Comment $319,231.00 See summary $893,596.00 See summary Cover Memo Item # 37 Bid Required?: Yes Bid Number: 07-0037-UT Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 37 Attachment number 1 Page 1 of 6 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we SUNCOAST DEVELOPMENT OF PINELLAS COUNTY, INC. Contractor and LIBERTY MUTUAL INSURANCE COMPANY (Surety) whose home address is 5600 NEW KING STREET, SUITE 360, TROY, MICHIGAN 48098. HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of. ONE MILLION, TWO HUNDRED TWELVE THOUSAND EIGHT HUNDRED TWENTY SEVEN DOLLARS AND NO CENTS ($1,212,827.00) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ,. day of 2009 entered into between the Contractor and the City of Clearwater for: WATER TREATMENT PLANTS 1 & 3 - PHASE II (07-0037-UT) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page 1 Item # 37 Attachment number 1 Page 2 of 6 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of , 2009. ATTEST: SUNCOAST DEVELOPMENT OF PINELLAS COUNTY, INC. CONTRACTOR By: SURETY WITNESS: By: COUNTERSIGNED: ATTORNEY-IN-FACT Page 2 Item # 37 Attachment number 1 Page 3 of 6 CnNTR A CT This CONTRACT made and entered into this day of , 2009_ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and SUNCOAST DEVELOPMENT OF PINELLAS COUNTY, INC. of the City of ODESSA, County of PASCO and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: WATER TREATMENT PLANTS 1 & 3 - PHASE II (07-0037-UT) PROJECT FOR THE SUM OF: ONE MILLION, TWO HUNDRED TWELVE THOUSAND EIGHT HUNDRED TWENTY SEVEN DOLLARS AND NO CENTS ($1,212,827.00). In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 3 Item # 37 Attachment number 1 Page 4 of 6 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Page 4 Item # 37 Attachment number 1 Page 5 of 6 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Horne, H City Manager Attest: Countersigned Seal) Cynthia E. Goudeau, City Clerk By: Approved as to form Frank Hibbard, Mayor-Councilmember Leslie Dougall-Sides Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) By: (SEAL) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Page 5 Item # 37 Attachment number 1 Page 6 of 6 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF FLORIDA COUNTY OF On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, who after being duly sworn, deposes and says: That he is the (TITLE) of SUNCOAST DEVELOPMENT OF PINELLAS COUNTY, INC. a Florida Corporation, with its principal place of business located at 2340 DESTINY WAY, ODESSA, FLORIDA 33556 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of 2009, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of WATER TREATMENTS PLANTS 1 & 3 - PHASE II (07-0037-UT) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me SUNCOAST DEVELOPMENT OF PINELLAS COUNTY, INC. AFFIANT This day of , 20 BY: NOTARY PUBLIC My Commission Expires: PRESIDENT Page 6 Item # 37 N N FTa O F U O W F A d' w a M 'z a a z F w a F a W F 9 ?..i G F 0 o r 0 vl O O 0 d" 0 O? 0 o 0 6 o ? 6 0 o° l? °o ?D 6 a ?C 0 °o r O 0 l? 0 d" ? i ? M F O M O ? ? z W ^ W EA A v d' W O O ! 11 1 Vl 1 11 ? O W ti O r O r ? W ? O O? O ? ? O O? O O ? U N h F 0 W U O F 1. 11 ml nD 1. 11 11 c ° ? ' °N O O O 00 O O O O °O l? O Vl l? W d"? M p D l 7 o d" W O C4 C7 d aF w z owN ? o 0 0 I 0 ? o o 0 ° I o I ? ? o V W M p o ,--' m N ?.i r" N vl z?z o o - - - - - - - - - - - - ? M W 1. 1. c 8 8 8 8 8 8 c O O wNA ry ° o h o ° a ? ? ? ? h aNo W z M ? l\ ? ? O ?_ ? O O ? O o O O N O C O ? O N cV l? FGj C ?. Q c. C7 F o \ O o° O O° c o Oo ? 0 ? ? M 0 O l ? b l? ? ? ? - l? l O O? z ? w c. ? co. w w O O O x¢z U o O 0 0 0 0 0 0 0 waw a o N m om ' D ? ?, ° . - - - - - - - -- - - - - - - ?? M I O m O O T ?D 1. 1 11 1. 1. - ° M P M M U w w ? CC, P. W o o a o a V' m In ? O ? C c O O a O w ? l? O o N xN F N ? o o o ? ? f o ? o 0 0 0 ? ? ? m W?ci ¢ Way yad xo? w o ? m ? ? ? - o p U? U - a ? ? o m o 0 O F U ? z 'q m a m a m a w a m a w a w a w a w a w a w a w a w a w a w a w w d w d w d w d w d w d w d w d w d w d w d w d w d w d w m .a Q c? w o ? - 7 7 7 I m a W F O' a d O e F ? M o v rl U W ¢ 'y h a W 3 ?' wJa 0 w 0 ?'3a w w ¢ wJa z, c7 F c7 F ? d w a w a H a o m C4 W z U U F q F q w w ? w 0g 0 q 7 F w F w F w > » a d F ? W O z w z U U d Z d 'z d z w d w d C z z z z q z q q > W ' q a O w D O 0 0 0 F 0 U 0 w z z w >C 0 0 .? O U 0 > j w °a d O l? C d 0 O ^O ? to hineiil nurrber2 01 1 0 0 = a s W Oq Oq O d '4 10 10 04 _ O w O O D U M F a a z F w a F a w F o3M ? a ! , ? W W Q Vl W ° ° F W y Vl Q W ti m r m r ?i O a? UN f W U °o o ° m °? °O ll? ° a M C vl W ? O ? ?D 7 O c aF ,W O O O O O O W W?x a a o F O °o o 0 O W 4 C O H O H O ? ? ? z?z o o ? W 0 O O O O 0 O M a ? W ? 0 ? ? 0 ? W N Ca ?o F O ? 0., F ? aNo w q¢z ° 04 ao W c. C7 O F o 0 O 0 4 C W l\ N W z?w ¢ c 0 ) a w w O ° x?z U ° ° m ° m W 1 W 9 c. 0 ?? M ? ? W F ? ?_ m b ti m ° o N 0 ? W ? N 0 W y W? H ?/y M ? M r ? m ? M ti r N U ? w d W co ?y M rn N M co N M rn N M rn N Q? Z F 0.i ? xN F N ? U c F - 0 m 0 °O N W ? U W.a v y C4 O Fq W W N .7 y 04 O F - d w d w d w d w d w d w d w d w d w ? w _ _ - - r ? r ? ?? t w w w w = v_ r ?? ? r w w w w w w O ? U - - O - W O W O ? C7 _ - i d a - d d _ c7 c7 w w [¢- ? _ _ w w F w F w ? ? a d ? p W ?' ?? ? ?. w a w a w? w a _ i. w a w a w a m 0 w w N a a a ' ' a a a ? ? w w > 2M ? Attachment number 2 Page 2 of 4 Attachment number 2 Page 3 of 4 Attachment number 2 Page 4 of 4 City Council Agenda Council Chambers - City Hall Meeting Date: 10/22/2009 SUBJECT / RECOMMENDATION: Appoint Kurt B. Hinrichs to the Municipal Code Enforcement Board with the term to expire October 31, 2012. SUMMARY: APPOINTMENT WORKSHEET BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor MEMBERS: 7 CHAIRPERSON: Douglas Williams MEETING DATES: 4th Wed., 3 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Richard Avichouser - 202 Windward Passage, #604, 33767 - Realtor/Investor Original Appointment: 10/02/03 (2nd term expires 10/31/09) Interested in reappointment: Yes 2008-2009 - (2) Absences THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Kurt B. Hinrichs - 1029 Charles St., 33755 - Civil Engineer/Builder 2. Bob Luna - 774 Snug Island, Island Estates, 33767 - Mortgage & Real Estate Broker 3. Louise C. Riley - 1620 Drew St., 33755 - Retired/Financial Planner Zip codes of current members: I at 33755 I at 33756 I at 33759 2 at 33761 I at 33766 I at 33767 Current Categories: I Attorney Cover Memo I Banker (Retired) I Civil Engineer Item # 38 1 Executive Director/Clearwater Beach Chamber of Commerce I Real Estate Acquisition/Development I Realtor/Investor I Sales Rep. (Retired) Review Approval: 1) Clerk Cover Memo Item # 38 Attachment number 1 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: ?P (C,? RaD 1AV (C,bDOLS&,2 Home Address: Office Address: Zo a t0t1V1bLkl A Q,.D J04SS 466?_--tt6af 15 is-) D M-4 i ?) ST- OIL.WZ'Q Zip,33?.67 -moo "vEOI-j zip 3w.5T Telephone: L4'1 5 S- 4 Telephone: -7 3 cv q--l u C-I Cell Phone: ? "F" 1S 8? E-mail Address: P_$Q 05E@0M T, N ST How long a resident of Clearwater? ! & Occupation: 72:0A L- Est (/V VesT Employer: 54'c- r- Field of Education: Other Work Experience: S L2,S .?' -D-c- q LT O Q_ i I N S V (L+ -V cjS If retired, former occupation: Community Activities: Other Interests: Board Service (current and past): Board Preference: E) 0 N F i71 1J E-o c `4 (_ P LA AJN tN? C 0 3? A-) po 2 Ge_ NI E•vT FaD Additional Comments: -3u t L_'p E?7 0 66,A)c Date: Sig n6? 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 applicati at City Hall, 2nd Floor, 112 S. Osceola Avenue. SEP 23 OFFICIAL RECORDS ANdtem # 38 LEGISLATIVE SRVCS DEPT Attachment number 1 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 'o {? Fi a C ib ?A-) Lo M a UPIr N C.C Lo ?T H F K r S"7 t v cR? C4y? 7Mc 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? D 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? BU ? x.10 t: 5 i iZs o-L c-s-r- --iE aAyC E 4. Why do you want to serve on this Board? o C9 t tl (13 4 C- / CS5M/n VN I ? Name: t CIn ?92? AVIG t,- 0 cIS0- Board Name: C006 ?^? ?? r?C6Mcti r Item # 38 NANCY Attachment number 2 727-581 -3919 Pagfp I R 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 Donegan Rd. Largo, FL Zip 33771 Telephone: 727 585-9945 E-mail Address: khinrichsCa7caladesi.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 Enaineerina (Coast Guard Academ Other Work Experience: 7 yrs US Coast Guard Officer (Active Duty) Alumnus of Belcher Elementary, Oak Grove Middle and Largo High Schools If retired, former occupation: N/A 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: Municipal Code Enforcement Board Additional Comments: Signed Date: 6 ?': 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 C)scenia Avenue D F) . f? OC T - f Lr-r'IStATIVE SRVCS DEPT Item # 38 Attachment number 2 NANCY 727-581 -3919 PagP-Io?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? I have a degree in Civil Engineering, am a licensed Professional Engineer, and have been working in this field for the last 20 years. i 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 1 have to benefit Clearwater. Name: Kurt B. Hinrichs Board Name: Municipal Code Enforcement Board Item # 38 Attachment number 3 Page 1 of 2 Name CITY OF CLEARWATER - APPLICATION FOR ADVISORY BC jV1:D (must be Clearwater resident) ell- L 1, , 'L 1 ?& Ate Is Home Add °2 / 2 y C' N Telephone:22?- ?-W- 8 ?c r Cell Phone: 7d-7 68 ' -3 J How long a resident of Clearwater? Occupation: 1,(10r27&1j6 Field of Education: If retired, former occupation: Community Activities: ,r /? d /?-' S ,/i`?"?'L` ?? j ?df'? ?rl''I ?3 Y- Other Interests: Board Service (current and past): Additional Comments: Signed: Offi ddress: OFFICK RSCORDS AND "ISLAWE SRVCS OUT zip Telephone: E-mail Address: ployer: Other Work Experience: --- a..n? v , B rd Preference: A d,___ Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 38 Attachment number 3 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 4. Why do you want to serve on this Board?,- .S r Name: c Board Name: Item # 38 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Attachment number 4 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) y °' "° + ,, ; Name: L D U i <c IL ._4 . s Home Address: 110 9 6 0 0&:tcJ 5F 011a Are-k- zip 33155 Telephone: IQ- 7 _776 Office Address: zip Telephone: Cell Phone: E-mail Address: How long a resident of Clearwater? 32 D!! L,9 S Occupation: R L T-12 t.:F_0 Employer: Field of Education: ?/?Lc=S 1 N S u ?e A- n/ c? ?i L & Ain, &L PA *10411 41C Other Work Experience: If retired, former occupation: ! W A kid ,44 4- f Al41 C K Community Activities: (74> P?? G= ?/ F r? 2n?,= .v r A /jA!K Lu ony/d'W Other Interests: 424: A a',-? 55t 7 S -- ? 2 4?itI&5 Gill-soW, AA1,0jilsZ- R, Board Service (current and past): Board Preference: eQpL 1W Af Fy/c r'? ?vT- 00,0e 1s= A/ Fun 06- M4-?Al Additional Comments: Signed: Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 38 P Attachment number 4 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? S & GC T/-j A Y- Coo aE 5 /996 G ?l/fvRC?? 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? L= S 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? %As r ? x P? ?.L a??? ,.r 4. Why do you want to serve on this Board? .?,U 5?F ,-Liz?- TAE C$.Ty a,= 9XSX2W//-",C- Name: t- D u, s L= 0. , ?0,1 46zY Board Name: Oa I» G=-N/=U2L* c r19?,?1 Item # 38 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 10/22/2009 Authorize a civil action on behalf of the City against Florida Power Corporation, and Florida Power Corporation d/b/a Progress Energy Florida, Inc., to seek to recover costs and expenses incurred during the construction of improvements on the Cleveland Street Streetscape Project and authorize a separate civil action on behalf of the City against Florida Power Corporation, and Florida Power Corporation d/b/a Progress Energy Florida, Inc., to seek to recover costs and expenses incurred during the construction of improvements on the Beach Walk - Coronado Drive project. (consent) SUMMARY: 1) During the Cleveland Street Streetscape redesign and reconstruction project from 2006 to its completion in 2009, "Progress Energy" failed to resolve conflicts that arose from its decision not to relocate its facilities, such as overhead lines, duct banks, and storm pipes. As a result, the City was required to expend funds to compensate the contractor for time delays, redesign, and additional work. The total amount claimed against "Progress Energy" is $179,298.00. 2) During the Beach Walk - Coronado Drive redesign and reconstruction project from 2006 to its completion in 2009, "Progress Energy" failed to resolve conflicts that arose from its decision not to relocate one of its duct banks. As a result, the City was required to expend funds to compensate the contractor for time delays, redesign, and additional work. The total amount claimed against "Progress Energy" is $263,626.00. The legal department requests authority to bring a legal action in each of the above-referenced items against Florida Power Corporation, and Florida Power Corporation d/b/a Progress Energy Florida, Inc. (including all other subsidiaries and related corporations as necessary to obtain relief), to recover damages for the additional costs and expenses incurred by the City. The costs relative to each of these actions will include a $255.00 filing fee and fees for service of process of approximately $200.00. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: 910.00 For Fiscal Year: Appropriation Code 010-09600-548000-514-000- 0000 10/01/2009 to 09/30/2010 Amount 910.00 Budget Adjustment: No Annual Operating Cost: Total Cost: 910.00 Appropriation Comment Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk Cover Memo Item # 39 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Establish the intent to reimburse certain Water and Sewer project costs incurred with proceeds of future tax-exempt financing and adopt Resolution 09-42. SUMMARY: In 2008, a Water and Sewer rate study was completed and resulted in the City Council approving 7% rate increases in FY 2009, FY 2010 and FY2011 and annual rate increases of 6% per year for FY 2012 and FY 2013. These rate increases are sufficient to provide for operations, capital projects, and debt service on bonds. In 2009, an interim rate study was completed that identified a need for approximately $41.5 million in capital project from FY 2010 through FT 2011, with bonds to be issued in FY 2011 of approximately $34,678,500. The FY 2011 bond issue is expected to partially finance the projects on the list with the remainder to be financed with water and sewer revenues. The date of issuance will be determined at a later date based on market conditions. The Water and Sewer fund will be incurring expenses on these projects prior to the issuance of the bonds. This reimbursement resolution will allow for the City to be reimbursed from the bond proceeds. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 40 Attachment number 1 Page 1 of 2 RESOLUTION NO. 09-42 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-EXEMPT FINANCING; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Clearwater, Florida (the "Issuer") has determined that the need exists to construct certain capital improvements to the City's water and sewer system together with engineering work regarding the water and sewer facilities, more particularly describe on Exhibit A attached hereto (collectively, the "Project"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, SECTION 1. AUTHORITY. This Resolution (hereinafter called the "Resolution") is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its intention to be reimbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid by the Issuer in connection with the construction of the Project. Pending reimbursement, the Issuer expects to use funds on deposit in its water and sewer utility funds, general funds and other funds legally available to pay a portion of the cost of the Project. It is not reasonably expected that the total amount of debt to be incurred by the Issuer to reimburse itself for expenditures paid with respect to the Project will exceed $34,678,500.00. This Resolution is intended to constitute a "declaration of official intent" within the meaning of Section 1.150-2 of the Income Tax Regulations. SECTION 3. SEVERABILITY. If any one or more of the provisions of this Resolution shall for any reason be held illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution, but this Resolution shall be construed and enforced as if such illegal or invalid provision had not been contained therein. SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict herewith to the extent of such conflicts, are hereby superseded and repealed. SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. Resolution No. 09-42 Item # 40 Attachment number 1 Page 2 of 2 PASSED AND ADOPTED this day of , 2009. Frank V. Hibbard Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Cynthia E. Goudeau City Clerk (SEAL) Resolution No. 09-42 Item # 40 Attachment number 2 Page 1 of 1 CITY OF CLEARWATER Water & Sewer Utility Fund - 421 Projects for 2011 Revenue Bond Reimbursement Resolution 09-42 October 22, 2009 Total Water & Sewer Projects Per FY2009 Interim Rate Study Update (excludes LIP projects) Total Projects to be Funded for 10 & 11 FY2010 FY2011 Painting of Facilities 94517 39,000 39,000 Flooring of Facilities 94519 10,130 10,130 City-Wide Aerial Photography 96516 2,000 2,000 Public Utilities Adminstration Building R & R 96523 52,000 26,000 26,000 Odor Control 96615 222,460 72,520 149,940 WW-FP Generator Replacement 96619 1,000,000 1,000,000 Sanitary Sewer Extensions 96630 1,000,000 500,000 500,000 Sanitary Utility Relocation 96634 1,213,710 463,710 750,000 Laboratory Upgrade and R & R 96645 117,660 57,960 59,700 Facilities Upgrade & Improvement 96654 1,122,000 622,000 500,000 Water Pollution Control R & R 96664 2,289,260 1,176,030 1,113,230 Sanitary Collection & Transmission R & R 96665 6,633,600 2,868,600 3,765,000 WW-FP East Bypass & Northeast Pump 96666 1,548,400 1,548,400 Pollutant Storage Tank R & R - WPC 96670 16,000 7,880 8,120 Pump Station Replacement 96686 3,338,000 1,110,000 2,228,000 WW-FP Screw Pump Replacement 96202 302,950 302,950 System R & R Maintenance 96721 50,000 25,000 25,000 Reclaimed Water Distribution System 96739 5,556,290 2,921,470 2,634,820 Water Supply & Treatment 96740 625,000 300,000 325,000 System R & R - Capitalized 96741 1,089,300 850,000 239,300 Line Relocation - Capitalized 96742 2,500,000 400,000 2,100,000 Meter/Backflow Replacement/Change Out 96743 1,300,000 650,000 650,000 System Expansion 96744 500,000 250,000 250,000 Water Service Lines 96752 1,000,000 500,000 500,000 Reverse Osmosis Expansion - Reservoir #1 96764 7,223,250 2,236,250 4,987,000 Reverse Osmosis @ Reservoir #2 96767 2,634,060 1,516,830 1,117,230 Rebate-Well, Lake, Pond Irrigation Abandonment 96768 100,000 50,000 50,000 41,485,070 19,465,730 22,019,340 Item # 40 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Officers for Fiscal Years 2009/10, 2010/11, and 2011/12 and authorize the appropriate officials to execute same. SUMMARY: The most recent collective bargaining agreement between the City of Clearwater and the Fraternal Order of Police Officers bargaining unit expired on September 30, 2009. City management staff met with representatives of the Fraternal Order of Police Officers beginning in August of 2009 to negotiate a new agreement. On September 10, 2009, the parties reached a tentative agreement that was subsequently submitted by the Union to its bargaining unit which ratified the agreement by a vote of 91 to 3 on October 1, 2009. The agreement is a three-year contract, providing for no general wage increase in the first year and including reopener clauses to negotiate wage and pay range adjustments in years two and three, as well as reopener clauses to discuss the promotional selection process and the implementation of a Master Officer designation. The agreement also provides for the City to pay for the first three vacation days used by each bargaining unit member with no charge to the employee's vacation leave balance in the first year of the contract only. In addition, the parties agreed all bargaining unit members will comply with the City's revised Tobacco Product Usage Policy. There are no other significant changes to the existing contract language. Costs are within the City's approved budget for the first year of the contract, and will be determined in accordance with the outcome of negotiation of the wage reopener clauses for the second and third years. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 41 Attachment number 1 Page 1 of 55 AGREEMENT between CITY OF CLEARWATER, FLORIDA and FRATERNAL ORDER OF POLICE CLEARWATER OFFICERS BARGAINING UNIT 2009 2010 2010 2011 2011 2012 Item # 41 Attachment number 1 Page 2 of 55 Item # 41 TABLE OF CONTENTS Attachment number 1 Page 3 of 55 ARTICLE # TITLE PAGE # Preamble .........................................................................................1 Article 1 Recognition and General Provisions ..............................................1 Recognition .....................................................................................................1 Contract Constitutes Entire Agreement .....................................................1 Severability and Waiver ................................................................................. 2 Existing Rules ................................................................................................. 2 Article 2 Representatives of Parties ..............................................................2 Article 3 Rights of Parties .............................................................................3 Officers Bill of Rights ................................................................................... 3 City's Management Rights ............................................................................ 4 Union Rights .................................................................................................. 4 Article 4 No Strike .........................................................................................7 Article 5 Labor/Management Cooperation ..................................................7 Article 6 Grievance Procedure ......................................................................8 Definition ........................................................................................................ 8 Steps ................................................................................................................ 9 Arbitration ....................................................................................................10 Article 7 Personnel Practices .......................................................................11 Police Officers' Duties ................................................................................11 Special Duty Call Out ..................................................................................11 Off-Duty Calls .............................................................................................11 Probationary Periods ................................................................................... 12 Promotional Procedures ............................................................................. 13 Establishment and Duration of Eligibility Lists ...................................... 14 Removal of Names from Eligibility Lists ................................................. 14 Appointments ............................................................................................... 15 Productivity .................................................................................................. 15 Training ......................................................................................................... 15 Personnel Records ....................................................................................... 16 Residency Requirements ............................................................................. 16 Tobacco Product Usage .............................................................................. 16 Seat Belts and Safety Gear .......................................................................... 17 Off-Duty Concealed Weapons .................................................................. 17 Physical Examinations, Inoculations, and Fitness .................................. 18 Outside Employment .................................................................................. 18 Legal Protection ........................................................................................... 19 Copies of Municipal Code .......................................................................... 19 Paycheck Issuance ....................................................................................... 19 Item # 41 TABLE OF CONTENTS Attachment number 1 Page 4 of 55 ARTICLE # TITLE PAGE # Article 8 Leaves of Absence ........................................................................ 20 Designated Holidays .................................................................................... 20 Floating Holidays ......................................................................................... 20 Vacation ........................................................................................................ 23 Sick Leave ..................................................................................................... 25 Bonus Leave Days ....................................................................................... 27 Leave Pool .................................................................................................... 28 Funeral Leave ............................................................................................... 29 Military Leave ............................................................................................... 29 Time Off .......................................................................................................32 Leave Without Pay ...................................................................................... 33 Article 9 Wages & Compensation ...............................................................34 Wages ............................................................................................................ 34 Overtime ....................................................................................................... 36 Compensatory Time .................................................................................... 36 Shift Differential ..........................................................................................36 Standby .......................................................................................................... 37 Recall ............................................................................................................. 37 Acting Pay ..................................................................................................... 37 Job Assignment Pay .................................................................................... 38 Canine Officers ............................................................................................ 39 Court Attendance and Standby ................................................................. 39 Line-of-Duty Injury ..................................................................................... 40 Unif orm Allowance ..................................................................................... 43 Tuition Refund ............................................................................................. 43 Article 10 Insurance ...................................................................................... 43 Article 11 Performance & Discipline ............................................................44 Article 12 Drug & Alcohol Policy ................................................................. 45 Article 13 Retirement .................................................................................... 46 Article 14 Seniority, Layoff, and Recall ........................................................46 Article 15 Duration, Modification, & Termination ...................................... 49 Appendix A Pay Schedules ..................................................................................i Item # 41 Attachment number 1 Page 5 of 55 PREAMBLE This Agreement is entered into between the City of Clearwater, Florida, hereinafter referred to as the "City" and the Florida State Lodge of the Fraternal Order of Police, Clearwater Officers bargaining unit, hereinafter referred to as the "Union" It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto, to provide an orderly, peaceful and timely means of resolving any misunderstandings or differences which may arise, and to set forth herein the full agreements between the parties concerning rates of pay, wages, hours of employment, and other term and conditions of employment. It is understood that the City is engaged in furnishing essential public services which vitally affect the health, safety, comfort and general wall being of the public, and both parties hereto recognize the need for continuous and reliable service to the public. There shall be no individual arrangement contrary to the term herein provided. ARTICLE 1 RECOGNITION AND GENERAL PROVISIONS Section 1. Recognition The City hereby recognizes the Union as the exclusive bargaining representative as defined in Chapter 447, Florida Statutes, as amended, for all employees employed in the unit defined by the Public Employee Relations Commission in its certification No. 239, dated June 24, 1976, as modified by Case No. RC-91-001 (verification of election results and modification of bargaining unit to include Police Service Technicians) and amended by Case No. AC-2003-008 (substitution of F.O.P. Lodge # 10 as certified bargaining agent), which certification includes all Police Officers below the rank of Sergeant, except as modified below, and Police Service Technicians. It is understood by the parties that Police Cadets who have not yet successfully completed the State law enforcement certification exam "non paid police reserves;" "police reserves;" and "police auxiliary officers;" and "part-time officers" are specifically excluded from this recognition Section 2. Contract Constitutes Entire Agreement The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of collective bargaining for and during its term except as maybe otherwise specifically provided herein Item # 41 Pagel Attachment number 1 Page 6 of 55 This Agreement may be amended at any time by the mutual consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by each party hereto. The parties agree to bargain proposed changes in the Cites Pension Plan and changes in the Citys Civil Service Rules that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. Section 3. Severability and Waiver E ach and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement. In the event that any clause or clauses shall be finally determined to be in violation of any law, such clause or clauses only shall be deemed of no force and effect and unenforceable without impairing the validity and enforceability of the rest of the contract including any and all provisions in the remainder of any clause, sentence or paragraph in which the offending language may appear. The exercise or non exercise of the rights covered by this Agreement by the City or its employees or agents or the Union shall not be deemed to waive any such right or the right to exercise them in the future. Section 4. Existing Rules A Police Depart ertt rule, regulation, policy or procedure now in existence in conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. Employees shall be required to observe and comply with all current and future written rules and regulations as set forth in Departniental procedures and such special and general orders and other written communications, except those which are in conflict with this Agreement. No disciplinary action shall be taken for violation of a newly established or amended rule or regulation until such rule or regulation has been posted for at least forty-eight (48) hours. The Union shall be forwarded a copy of any written departmental memorandum, rule, regulation, general or special order, or policy intended for publication at least 10 days prior to the effective date such document is intended to establish a standard of conduct for members of the bargaining unit. The Union shall have the right to meet with the Police Chief or his/her designee to discuss the item. ARTICLE 2 REPRESENTATIVES OF PARTIES Section 1. The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in all matters requiring mutual consent or other official action called for by this Agreement. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this Agreenent and each replacement therefor during the term of this Agreement. Item # 41 Page2 Attachment number 1 Page 7 of 55 Authorized representatives shall be defined as the elected Officers of the Union and duly elected or appointed stewards, provided that notification has been provided in writing to the Office of the Police Chief at least twenty--four (24) hours in advance. Until such notice is received the City is under no obligation to recognize the individual as an authorized representative of the Union Section 2. The Union likewise agrees that during the term of this Agreement the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action and specifically the Union agrees that neither the Union nor the employees hereunder shall seek to involve the Cit?s elected officials in the administration of this Agreement, or otherwise in the operation of the Citys Police Depar nient. All matters relating to grievances shall be processed only through the grievance procedure as set forth in this Agreement. ARTICLE 3 RIGHTS OF PARTIES Section 1. Any right or working condition egoyed by employees covered by this Agreement as the result of specific action taken by the City Manager or Chief of Police shall not be changed in an arbitrary or capricious manner. Section 2. It is understood and agreed that sworn police officers have rights and protection under the Florida Statute commonly known as the Police Officer's Bill of Rights, Florida Statute, Sections 112.531, 112.532, 112.533 and 112.534. Section 3. The Union and the City shall not interfere with the right of employees covered by this Agreement to become or to refrain from becoming members of the Union, and neither the City nor the Union shall unlawfully discriminate against any such employee because of membership or non membership in any employee organization Section 4. The Union and its officers agree to support federal and state laws and regulations thereunder which have the effect of law and to abide by them and further to encourage all bargaining unit members to comply with such laws and regulations at all times. From time to time, as the City issues policy statements or develops specific training program concerning areas of prohibited discrimination under federal laws and regulations, the City may submit such policies and/or program to the Union for their review and consideration for endorsement. If the Union determines not to endorse the policy and/or program it shall advise the City of its reservations which have precluded it from endorsement. Section 5. The City opposes any form of employment discrimination which is made unlawful under applicable State and Federal law Any claim of discrimination by an employee against the City, its officers or representatives, shall not be grievable or arbitrable under the provisions of the Grievance Procedure contained herein, but shall be subject only to the method of review prescribed by law. Item # 41 Page3 Attachment number 1 Page 8 of 55 Section 6. City s Management Rights A. Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, including but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employes to discontinue the conduct of any operation, function or service, in whole or in part; to transfer its operations, functions or services, from or to, either in whole or in part, any of its departments or other divisions; to select and direct the working force in accordance with requirernehts determined by the City; to create, modify or discontinue jobs; to establish and change working rules and regulations; to create new job classifications; to establish and change work schedules and assignments, to transfer, promote or demote employees, to lay off, furlough, tem-inate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees for just cause; to subcontract; to alter or vary past practices with prior notification and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and services. B. If in the discretion of the City Manager or the Mayor it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended; provided, however, that any grievance arising during suspension of this Agreement will be pursuable on termination of the declared emergency. C. Management shall not assign, reassign, discipline, demote, or discharge any employee of the bargaining unit in an arbitrary or capricious fashion D. The City and Union agree to bargain the impact of the exercise of Management Rights to change wages, hours or term and conditions of employment of any person covered by this Agreement upon timely request by the Union and to the extent provided bylaw Section 7. Union Rights A. Union Dues and Checkoff -- During the term of this Agreement the City agrees to deduct dues owed by the employee to the Union on a biweekly basis. Prior to such deduction the Union shall provide the City with a signed statement from each employee whose dues are to be deducted in a form satisfactory to the City. Any authorization for dues deduction may be canceled or amended by the employee upon thirty (30) days written notice to the City or to the City and the Union and shall also be discontinued in the event the employee is terminated or is transferred, promoted or otherwise moved out of the bargaining unit. Upon notification from the Union as to the amount, the City shall raise the dues deduction according to the established amount provided in the Union bylaws. Item # 41 Page4 Attachment number 1 Page 9 of 55 This Agreement applies only to the deduction of basic membership dues and uniform assessments and shall not apply to the collection of any fines, penalties or special assessments. In the event that an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or hospitalization insurance or other standard or legally required deductions, are not sufficient to cover dues and special assessments, it will be the responsibility of the Union to collect its dues for that pay period from the employee. B. Stewards -- The stewards of the Union shall consist of active, current sworn employees of the bargaining unit or their designee. The Union will submit a list of the elected officers, stewards, and designees to the Chief of Police and shall notify the Chief of Police of any changes to the list. Any steward who feels unqualified to represent a member on any matter will be permitted to contact the Union President or another steward for representation A steward shall not investigate or otherwise handle grievances during worldng hours without the expressed consent of the con-nmder on duty. A steward shall not investigate his/her own grievance or otherwise represent himself/herself. No employee, while on duty, shall meet and discuss any issue with a steward without first receiving approval from the appropriate supervisor on duty. C. Indemnification -- The Union shall indemnify, defend and hold the City, its officers, officials, agents and employees harmless against any claim demand, suit or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents and employees in complying with dues deduction. The Union shall promptly refund to the City any funds received in accordance with this Agreement which are in excess of the amount of basic and uniform membership dues which the City has agreed to deduct. D. Union Time -- The Union shall be allowed up to 400 hours of time off with pay per year for the purpose of attending official F.O.P. functions, meetings or conferences. Such hours shall also be used for time spent by bargaining unit members at any meetings pertaining to the City of Clearwater where the members are specifically representing the interests of the Union. Union time off with pay shall be granted by the City for the purposes of grievance representation, labor management meetings, contract negotiations, and participation as a member or attendee of any City committee whereby the Union member appears at the behest of and in the interest of the City. Union time off with pay shall be provided for up to five Union representatives(excluding a note taker) for contract negotiations. Requests for use of this time shall be made in advance in writing and submitted on the proper form by one of the elected officers of the bargaining unit to the immediate supervisor of the bargaining unit member who will be utilizing the union time. The Police Chief or his/her designee will grant such time off provided that, in his/her sole and unlimited discretion, the efficiency of operation of the department will not be interfered with or impaired Any portion of the time not used in an annual period, which shall be defined as a contract year, beginning with ratification shall be forfeited and shall not be carried forward into the next annual period Uruon time for contract negotiations may be negotiated as part of the contract ground rules. Item # 41 Page5 Attachment number 1 Page 10 of 55 E. Union Notification Media -- The City agrees to provide space on bulletin boards, utilization of e-mail, or other appropriate means of distributing notices of meetings or other official F.O.P. information The Police Chief or his/her designee shall review and approve or not approve any such posting or transmission of F.O.P. official information for distribution in any City facility. No other City bulletin board, e-mail, or other distribution methods may be used by the Union or any member of the bargaining unit for any purpose not approved by the Police Chief. Such approval shall not be unreasonably withheld The Union is expressly prohibited from posting any information relating to political campaigns. F. Rules and Regulations and Memorandum (a) The President of the Union shall be forwarded a copy of any written departmental memorandum, rule, regulation, order, or policy, intended for publication to all members of the bargaining unit, which is intended to establish a standard of conduct for members of the bargaining unit. (b) The President of the Union or his/her designee shall be forwarded a copy of the meeting time and place of the Civil Service Board in advance of that meeting. G. Posting and Copying of Agreement -- The City and the Union further agree to provide each member of the bargaining unit, within sixty (60) days after its execution, a copy of this Agreement, printed in booklet form. The cost of printing shall be shared equally by both parties. H. Use of Copying Equipment -- The City agrees to allow the Union officers to use the Departmental copying equipment while off-duty under the following conditions: (a) The Chief or his/her designee shall approve the copying of any matter which shall be limited to departmental records which the Chief will not allow the Union to remove from the Departineant and copy using its own equipment. (b) The Union will be charged and will remit such rate as may hereafter be established by the City in accordance with City Policy. (c) Departmental business will of course take priority and the Union will only be allowed to make copies while the Departhnent is not otherwise using the copier. 1. The Union may designate a Civil Service Liaison officer who shall on request be relieved from duty with no loss in pay for the purpose of attending Civil Service Board Meetings, unless the efficiency of operations of the Departhnent will be interfered with or impaired in the sole and unlimited discretion of the Chief of Police or his/her designee. J. The President of the Union shall, on request, be relieved from duty with no loss in pay to attend the regular monthly meeting of the F.O.P. providing operations will not be interfered with Item # 41 Page6 Attachment number 1 Page 11 of 55 K. The President of the Union or his/her designated delegate shall be provided a copy of the agenda in advance of every regular City Commission meeting. If an item appearing on the agenda directly affects members of the bargaining unit, the Union President or his/her designated representative may petition the Police Chief to be relieved from duty with no loss of pay to attend the meeting. Permission will not be unreasonably withheld L. With prior approval and providing the departinent determines in its sole discretion that there will be no adverse impact to operations, the Secretary, Treasurer, State Trustee or Board Member will be permitted to attend labor meetings or the regular monthly meetings of the Lodge if they are wDrking. However, they will be subject to call, and such meeting hours shall not be counted toward the Union time referenced in paragraph D of this Section M The City shall grant the Union time off without pay on request. Requests for use of this time shall be made to the affected Division Comrnander via the chain of command and subsequently approved by the Chief of Police or his/her designee. The Department will grant such time off provided that in the opinion of the Department operations will not be interfered with ARTICLE 4 NO STRIKE Section 1. The Union agrees that during the term of this Agreement it shall not authorize, instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown, wDrk stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the Cites affairs engaged in or supported by members of the Union and/or employees represented by the Union or other agents or representatives of the Union or its affiliates. Section 2. Should the Union or its member employees covered hereunder within the Cites Police Department breach this Article, then the City may proceed to the appropriate court and, without notice, obtain a temporary restraining order against such breach. Section 3. Should any member of the bargaining unit participate in a strike as defined in Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly agreed that such violation constitutes just cause for dismissal. Section 4. The parties specifically incorporate herein the provisions of Florida Statutes 447.505, 447.507, and 447.509. ARTICLE 5 LABOR-MANAGEMENT COOPERATION The City and Union support the concept of Labor-Management cooperation to address employee concerns that are not specifically provided for by contract provisions. Labor-Management cooperative efforts shall not be intended to bypass established grievance procedures or the right of collective bargaining. Labor-Management cooperative efforts shall be utilized for the purpose of discussion and input from both parties on matters that maybe mutually resolved and are not subject to collective bargaining, grievance, or litigation processes. Item # 41 Page7 Attachment number 1 Page 12 of 55 ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the fair, expeditious, and orderly settlement of disputes that arise under this Agreement betwwen the Union and/or a bargaining unit member and the City. All employees and supervisory personnel should make every effort to settle differences at the lowest possible step outlined in this Article. Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement, except as exclusions are noted in other articles of this Agreement. Prior to the filing of a grievance, the employee shall meet and discuss the issue with the immediate supervisor. Section 2. All grievances filed shall refer to the specific Article and Section of this Agreement upon which the grievance is based and shall contain a concise statement of the facts alleged to support the grievance and shall be signed by the grievant. Grievances must be filed on proper forrrr, supplied by the City and all information must be furnished, including a request for Union representation if desired at each step. The grieving party must state m writing the remedy sought to resolve the grievance. No grievance form may be amended from the original written grievance at the initial step of the Grievance Procedure. Grievances shall be processed m accordance with the following procedure and shall be determined by application of the terms of this Agreement, the laws of the United States, the State of Florida, and the Charter and Ordinances of the City of Clearwater. Where the term "wUrking days" is used in this Article it shall refer to Monday through Friday. Saturdays, Sundays and days designated as holidays are excluded Probationary employees, including Police Recruits and Police Officers, shall not have access to the Grievance Procedure for any matter of discipline (including discharge), assiM eanlts, scheduling or access to training opportunities. Any grievance by a regular employee relating to suspension or dismissal shall be initiated at Step 3. On behalf of employees covered by this Agreement, the Union hereby waives any right of these employees to resort to the Civil Service Board concerning any matter defined in this Agreement. This shall specifically include grievances relating to suspensions, demotions and dismissals. Grievances may be filed and processed by the Union except grievances of discipline which must be initiated by the disciplined employee. As used in this Article, the term "employee" may also mean a group of employees having the same grievance. In such event, one employee shall be designated by the group of employees to act as a spokesperson and shall be responsible for processing the grievance. All employees in the group shall be identified however only the spokesperson needs sign the grievance. Item # 41 Page8 Attachment number 1 Page 13 of 55 STEP 1 If the issue is not resolved by the immediate supervisor, the aggrieved employee shall present his/her grievance in writing to his/her lieutenant within ten (10) working days after the employee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. If there is no lieutenant in the employee's chain of conmmd, the aggrieved employee shall appeal to the next step. The lieutenant shall review the grievance and meet with the employee and an official bargaining unit Steward or other representative if one is requested Discussions shall be informal for the purpose of settling differences in the simplest and most direct manner. The lieutenant shall submit a decision in writing to the aggrieved employee within ten (10) wDrlang days from the date the grievance was presented to him/her. Where the lieutenant determines that he/she is unable to respond due to circunistances of the grievance which may require a decision at a higher level, he/she may respond by denying the grievance. STEP 2 If the grievance is not settled in the first step, aggrieved employee within ten (10) Aurkng days of the date of the ans"ur in the first step, shall present it to the Division Head or his/her designee. The grievance shall refer to the specific section of the Agreement upon which the grievance is based and shall contain a concise statement of the facts. The grievant will not be entitled to modify or add to the specific sections alleged in his/her written grievance. The Division Head or his/her designee shall obtain the facts concerning the alleged grievance and shall, within ten (10) working days of receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by an official bargai nv g unit Steward or other representative. The Division Head shall notify the aggrieved employee of his/her decision in writing not later than ten (10) wDrlang days following the meeting day. STEP 3 If the grievance is not settled at the second step, the aggrieved employee shall, within ten (10) wDrlang days of the date of notification from the Division Head or his/her designee, present the written grievance to the Chief of Police or his/her designee. The Chief of Police or his/her designee shall obtain the facts concerning the alleged grievance and shall, within ten (10) wDrldng days following receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by an official bargaining unit Steward or other representative. The Chief of Police or his/her designee shall notify the aggrieved employee of his/her decision in writing not later than ten (10) wDrldng days following the meeting day. STEP 4 If still unresolved, the grievance and all responses may be submitted to the City Manager or his/her designee within ten (10) Aurldng days of the time the response was due in Step 3. At the request of the employee, the City Manager or his/her designee shall meet with the employee and an official bargainnng unit Steward or other representative if requested The City may determine who shall meet with the employee. Within ten (10) wDrldng days, the City Manager or his/her designee shall notify the employee, in writing, of his/her decision If a grievance is not submitted to the City Manager, it shall be deemed to have been resolved at Step 3 to the employee's satisfaction Item # 41 Page9 Attachment number 1 Page 14 of 55 Section 3. In the event that the grievance is still unresolved, the matter shall be submitted to final and binding arbitration as provided in this Section A. Within ten (10) working days of the decision of the City Manager, the Union or the aggrieved party, as applicable, shall notify the City Manager of its intent to arbitrate. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of seven (7) names of qualified arbitrators. Within ten (10) working days after the receipt of such a list, representatives of the parties shall meet and each party shall strike three (3) names. The party filing the grievance shall strike the first name, and then the other party shall strike a name. The process shall then be repeated and the remaining name shall be the arbitrator selected and notified of his/her selection as arbitrator. As promptly as can be arranged the arbitration hearing shall be held Each party shall pay its own expense for its representative, counsel and witnesses. The fees of the arbitrator and other expenses of arbitration, including the appearance fee of a court reporter and the cost of any transcript to be provided to the arbitrator, shall be shared equally by the City and the aggrieved party. The decision of the arbitrator shall be final and binding on both parties, except that either party may petition for review in the circuit court. The arbitrator shall have no power to amend, add to or subtract from the term of this Agreement, and if the City has denied the grievance on the basis that it was not timely filed at Step 2 of the grievance procedure for individual grievances or at Step 3 for grievances which bypass the first two steps, and further if the arbitrator finds that the grievance is not timely filed, then the arbitrator shall have no power to grant relief. B. Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of this Agreement shall be furnished to both parties within thirty (30) days from the filing of briefs by the parties. C. The arbitrator shall arbitrate solely the issue presented D. Unless otherwise mutually agreed upon, the submission to the arbitrator shall be based on the original written grievance submitted in the grievance procedure. Section 4. Formal Processing of Grievance Initiated By City Where any provision of this Agreement involves responsibility on the part of the Union which in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the unit representative on an informal basis, the grievance maybe formally filed in writing by the City Manager or his/her designee by giving written notice to the business agent of the Union Such notice shall indicate the provision(s) of the Agreement which the City contends is/are not properly being carried out by the Union If not resolved within ten (10) working days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 3 of this Article. Item # 41 Pagel0 Attachment number 1 Page 15 of 55 ARTICLE 7 PERSONNEL PRACTICES Section 1. Police Officers Duties A. The Union agrees that the duties of Police Officers covered by this Agreement involve the performance of general police duties. The City agrees that members of the bargaining unit shall not be required to perform duties or functions not reasonably consistent with the job specifications and duties as set forth in their respective job descriptions or reasonably related to the performance of functions of the Police Deparhnent. B. The City agrees that members of the bargaining unit shall not be required to change automobile tires, except in emergencies; nor shall they be required to manually push disabled motor vehicles; however, they shall make appropriate efforts to remove such disabled motor vehicles where the elimination of blocked or congested traffic flow or related safety needs is such as to reflect that the disabled motor vehicles should be reasonably relocated from the scene. Supervisors will be provided a noose for use by Police Officers in moving dead anirrk . Section 2. Special Duty Call Out A. All employees who are covered by this Agreement shall receive notice of any special duty detail, not less than 5 wDrking days prior to that event including canine demonstrations. B. This section shall not pertain to emergencies or to unplanned or unscheduled events. Such occurrences shall be conducted in accordance with established City policies and procedures. C. Employees assigned to the Criminal Investigation Division, Patrol Special Operations section, Traffic section, or community policing team are subject to adjustments of their hours and/or days to meet the circumstances at hand Management will give as much notice as possible when such adjustments are made but it is understood that hours must be flexible. Section 3. Off-Duty Calls When a bargaining unit member is called by telephone by a supervisor, member of the State Attorneys office, or a coworker who has been directed to do so by a supervisor for departmental business solely to respond to a request for needed information, the employee shall be credited with time worked as follows: (a) If the call is six (6) minutes or less, the employee shall be credited with one-tenth of an hour of work time. (b) If the call is greater than six (6) minutes, the employee shall be credited with the actual time involved for work time. Item # 41 Pagel1 Attachment number 1 Page 16 of 55 (c) If the employee is called by a supervisor, member of the State Attorneys office, or a coworker who has been drected to do so by a supervisor, and as a result of the call is required to take an official action at home on behalf of the City to obtain information, to call other employees in the line of duty, to take other action on behalf of the City, and/or subsequently to call the supervisor or other designated City personnel with a response, the employee shall be credited with actual time involved in complying with the supervisory directive. In such event, the employee shall be required to provide his/her supervisor with a full accounting of the time and work for which the employee is to be paid (d) Employees shall be compensated for any self-generated telephone calls that are deemed appropriate and duly authorized for payment by their immediate supervisor. Section 4. Probationary Periods A. Police Service Technicians shall serve an initial probationary period of six (6) consecutive calendar months during which time the Deparlinelt shall observe and review the employee's job performance, attendance, attitude and adherence to Departinental and City requirements. If during the initial probationary period, or at the end of such period, the Deparhnielt determines that the employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said employee may have his/her initial probationary period extended at the discretion of the Police Chief or his/her designee or may be separated by the City. The employment status of an employee whose probationary period is extended shall remain the same as that during the initial probationary period An employee who is separated during or at the expiration of the initial probationary period or any extension thereof shall have no right to a grievance under this contract. The City shall present to the employee reasons for separation in such event. In the event that the employee was previously a certified City employee who was promoted, said employee may have his/her promotional probationary period extended, or maybe returned to his/her former position provided the position is still vacant and with the approval of the former Department Director, or may be re-assigned to another position at the same or lower level for which the employee is determined to be qualified, or if none of the above may be separated and have his/her name placed on a re-employment list for the former position. However, if such employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed and not have his/her name placed on a re-employment list. B. Police Officers, from the date of promotion or appointment to the classification of "Police Officer," shall serve an initial probationary period consisting of the time required to successfully complete the Field Training Officer Program and an additional txw1ve (12) consecutive calendar months following the successful completion of the Field Training Officer program during which time the Department shall observe and review the employee's job performance, attendance, attitude, and adherence to Departmental and City requirements. Item # 41 Page12 Attachment number 1 Page 17 of 55 If, during the initial or promotional probationary period or at the end of such period the Departn ent determines that the employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said employee may have his/her initial or promotional probationary period extended or may be separated by the City. The City shall present to the employee reasons for separation in such event. An employee who is separated during or at the expiration of the probationary period shall have no right to a grievance under this contract. A City employee who has been previously certified under Civil Service rules in another classification and who is promoted to Police Officer and subsequently fails to satisfactorily complete the promotional probationary period as a Police Officer may have his/her promotional probationary period extended, or maybe returned to the former non police City position which the employee previously held as a certified employee provided the position is still vacant and with the approval of the former Department Director, or may be re-assigned to another position of the same or lower level for which the employee is determined to be qualified, or if none of the above may be separated by the City and placed on the re-employment list for the former position Hover, if such employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed and-not have his/her name placed on a re-employment list. Section 5. Promotional Procedures A. All non probationary Police Officers who have completed five years of service as an Officer in the Clearwater Police Deparhnent shall be eligible to compete for the position of Police Sergeant and all non probationary Police Service Technicians shall be eligible to compete for the position of Police Service Technician Supervisor, provided they have satisfied the minimum qualifications as established by the City Manager/designee. B. The minimum educational requirement for promotion to Police Sergeant shall include a two- year degree, or the equivalent credit hours from an accredited college or university. C. The promotional eligibility process for Police Sergeant will consist of an evaluation of established criteria which may include a written examination, oral interview, education and prior experience, specialized assignments, perforn-once evaluations, prior disciplinary actions, seniority, or other factors as determined by the Police Chief. Such criteria shall be noted on the announcement of each eligibility determination process, and shall be sighted and scored to obtain a final eligibility rating for each candidate. The promotional process for Police Service Technician Supervisor shall be based upon an evaluation of the education and experience of the candidates as detailed in a written Training & Experience questionnaire. D. Upon promotion, employees shall be placed into the step in the higher level classification that represents at least a 5% increase in base pay. Employees who at the time of promotion are receiving Job Assignment Pay in accordance with Article 9, Section 8 of this Agreement shall be entitled to have incorporated into their base pay, prior to the calculation of the promotional increase, the greater amount from paragraph A or paragraph B of that Section Such employees shall be placed into the step in the higher level classification that represents at least a 5% increase above the combined rate of pay and shall thereafter be eligible to receive job Assignment Pay and any other additional pays in accordance with the respective terms and conditions of this or other applicable Agreement. Item # 41 Pagel3 Attachment number 1 Page 18 of 55 Section 6. Establishment and Duration of Lists The promotional eligibility lists for Police Sergeant and Police Service Technician Supervisor shall be established each time an opening exists. Names of candidates shall be placed on the Police Sergeant eligibility list in order of the final eligibility rating detemrined by the established evaluation process, and names of candidates shall be placed on the Police Service Technician eligibility list in alphabetical order of all persons who have been determined to meet the minimum eligibility criteria. The City shall not be required to prepare a promotional eligibility list solely because there is not an available list, unless there is a current opening. Section 7. Removal of Names from Lists Names of eligibles shall be removed from the appropriate E ligibility List by operation of any of the following. (a) Appointment through certification from such list to fill a permanent position (b) Written statement by the eligible that he/she is not willing to accept appointment. Such statement may be restricted to a limited period of time if based on reasons satisfactory to the Human Resources Director. (c) Declination of appointment when appointment is offered by the Police Chief or City Manager/designee. (d) Separation from the City service of an employee on a promotional list. (e) Disability that prevents the eligible from performing satisfactorily the duties of the position (f) Removal from the employrr ent area designated by the City when such residence is was required as a condition of appointment. (g) Determination by the Human Resources Director that the eligible has been found to lack any of the established qualifications for the position (h) Names of eligibles may be removed from the Eligibility List if the City deems that the eligible willfully or knowingly gave wrong information, withheld information, or evaded in responses relating to his/her employrrlent background, training, education, or character. (i) Any examinee who divulges to any other person information relating to questions and/or materials contained in a test will be subject to disqualification from the Eligibility List and to discipline. Item # 41 Page14 Attachment number 1 Page 19 of 55 Section 8 Appointments Selection from the Eligibility List shall be at the sole discretion of the Police Chief. Selection criteria shall be developed and may include such factors as ranking on the eligibility list, demonstrated job perforn-once, aptitude, capacity, knowledge, character, or other qualifications. Such selection criteria will be announced at the time candidates are advised that a selection process will be conducted An eligible who has been intervieiALd for an opening need not be interviewed again for a period of twD years unless the eligible requests such. The departinelt shall counsel with any eligible who is not selected for promotion upon the request of the employee. The City and Union agree that this Section maybe reopened during the period from October 1, 2010 to September 30, 2012 for the purpose of negotiating mandatory subjects of bargaining related to the promotional selection process only. If this Section is reopened and the parties are unable to reach agreement, the existing language and related process shall be maintained as the status quo, and shall not be subject to the impasse procedure. Section 9. Productivity The Union recognizes that productivity is of utmost concern to the City and is critical to the provision of services to the citizenry in an efficient and effective manner. The Union acknowledges, except as expressly limited by the provisions of this Agreement, that the City may introduce new methods, processes and equipment, implement new technology, and establish Aurk measurement standards to determine perforn-once levels; that it may develop flexible job assignments and shifts, that it may establish innovative programs to improve the provision of public services or to reduce the cost of providing such services; and that it may take such other actions as it deems appropriate to improve productivity. Section 10. Training Notification of schools, training, and career development courses which the Department determines appropriate will be made available to all bargaining unit members in sufficient time for officers to make application for attendance. Officers who desire to attend will complete the departmental training request form and submit it to their supervisor. The deportment will select officers for attendance using these criteria: (a) Ability of the officer as shown in performance evaluation (b) The officers duties and assignments (past, present and future). (c) Seniority in the department. (d) The officers demonstrated interest. (e) Available personnel and staffing needs of the Department. (f) The amount of prior training received Item # 41 Pagel5 Attachment number 1 Page 20 of 55 All time spent in training which has been duly authorized by the Deparhnent shall be compensated as hours w®rked unless (1) attendance at the training is voluntary and (2) the training occurs outside the employee's regular wDrk hours and (3) the employee perform no productive Aurk and (4) the training is not directly related to the actual performance of the employee's present assignment. Employees assigned to training must receive approval from their immediate supervisor prior to performing any additional wark outside of the actual time spent in training while on the training assignment. All such wark hours when duly authorized shall be paid in accordance with the provisions of the Fair Labor Standards Act. Section 11. Personnel Records It shall be the right of any member of the bargaining unit at reasonable times to inspect his/her personnel file, and at his/her expense to make copies of such personnel file or portions thereof. When a personnel record of a member of the bargaining unit is furnished to the public pursuant to a request therefor, such information shall be released in accordance with Florida Statutes governing public records. The employee shall be notified as soon as possible whenever his/her Internal Affairs, Police Deparhnent, or Human Resources Deparhnent file is accessed by someone other than the employee. If the employee is absent from duty, his/her immediate supervisor shall be notified and shall attempt to contact the employee, and if unsuccessful shall inform the employee upon his/her return to wDrk Section 12. Residency Requirements Except as provided by Departmtent General Orders, any existing employees who move to a different residence and all new hires as a condition of employment shall establish and maintain their bona fide, permanent residence within the following geographical boundaries: Pasco County, Pinellas County and Hillsborough County from the western boundary eastward to Interstate 75. When response times are an operational factor in special duty assignments, the Police Chief may consider residency location in selecting personnel to such special duty assignments. Employees may request special permission from the Chief of Police to reside outside the specified area. Violation of this provision shall be just cause for discipline. Section 13. Tobacco Product Usage Swar employees in the bargaining unit hired on or after December 15, 1986, are prohibited from smoking or chewing any form of tobacco product, both on and off the job during their employment with the City. Police Service Technicians hired on or after October 1, 1991, are prohibited from smoking or chewing any form of tobacco product, both on and off the job during their employment with the City. In addition to the above, effective October 1, 2009 all bargaining unit members will comply with the Cit3/s Tobacco Product Usage Policy. Violation of this provision shall be grounds for discipline. Item # 41 Page16 Attachment number 1 Page 21 of 55 Section 14. Seat Belts and Safety Gear All employees are required to wear seat belts when driving or riding as a passenger in City vehicles or in a personal vehicle on City business, except in cases of operational necessity or when a City car does not have available seat belts. Employees are further responsible for attempting to secure compliance with the required use of seat belts by all other occupants in any vehicle they are driving (City or personal) when on City business. Whenever an emplo), e is furnished with City safety gear, he/she shall wear it whenever he/she is on duty. An employee who has requested personal body an-nor (bullet resistant vest) either as original issue for new hires or as a replacement due to wear shall not be placed on patrol duties or hazardous assignnnents until such equipment has been issued Section 15. Off-Duty Concealed Weapons An off-duty officer shall have the right to carry on or about his/her person a concealed weapon, provided that such officer has met departneltal qualification standard for the fiream? that such firearm has been duly approved by the Department, and that such firearm is periodically inspected by the Departirent or other qualified armorer if such firearm is not issued by the Depar<ne1t. This weapon may onlybe used to perform law enforcement functions. Any officer wishing to carry an off-duty firearm for which the Departirent an-norer is unqualified to perform maintenance wall be authorized to carry the firearm provided that the firearm is otherwise approved and that the officer provides at his/her own expense an annual certification to the Departnelt that the firearm has been inspected and approved by a qualified armorer. Only hand guns of the caliber listed below shall be approved for off-duty use: .380; 9mm; .38; 357 magnum; 10mm; .40; .41; .44; and .45. Officers who are temporarily assigned to Department approved undercover assignments other than full-time Detective assignments may carry their Department issued firearm or a personally owned "off-duff' firearm provided that the Officer has met the Department's qualification, inspection, and any other requirements for off-duty weapons as defined herein and in accordance with Department policy. Officers shall carry only ammunition approved by the Department armorer in both their on duty and off-duty firearm. The Department will provide ammunition for on duty use, qualifying, and open range day only for Department issued firearm or for Department authorized off-duty firearms of the same caliber as the Department issued firearm only. It wrill be the officers' own responsibility to provide ammunition for any other approved caliber, including training ammunition Item # 41 Pagel7 Attachment number 1 Page 22 of 55 Section 16. Physical Examinations, Inoculations, and Fitness A. The City and Union agree that the physical fitness of police officers is of importance to insure the public of quality police service. Police Officers are required to undergo an annual physical examination as determined by the Police Chief. Physical examinations shall be m accordance with current medical guidelines that are gender and age specific. The physical examination will be performed by the employee's Primary Care Physician. The cost of the employee's co-payment for the physical examination will be paid by the City. The employee shall schedule the physical examination with his/her own Primary Care Physician. The employee shall provide the Department a "Fitness for Duty Report" from the Primary Care Physician which shall include, but not be limited to, the specifics of any heart related condition including preventive care recomnnendations. B. In the event that the Department determines that an officer requires an inoculation or immunization as the result of exposure to a disease or illness m the line of duty, then the same immunization or inoculation will be made available to the members of the officers household C. Proof of the exam must be submitted prior to the employee's annual performance evaluation date. D. Employees may schedule said physicals while on duty. It is the employee's responsibility to ensure that the physical is completed, and no employee shall be paid for time spent taking a physical unless that time falls within his/her assigned shift. However, evening and night shift employees shall be permitted with the approval of their supervisor to flex time within the same work week for time spent taking the physical. The maximum amount of flex time permitted for employee physicals shall be two hours per office visit up to a maximum of two visits unless otherwise authorized in advance by the Department. E. The City shall provide free access for all bargaining unit members to any City recreational facility. Additional fees for program conducted at such facilities shall be borne by the employee. It is understood by all parties that the decision whether to use such facilities is completely voluntary on the part of the bargaining unit members, and time spent using such facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities be compensable under workers compensation Section 17. Outside Employment Outside employment of bargaining unit members shall be subject to provisions of the Cites Civil Service Rules & Regulations and the Dental Rules and Regulations governing outside employment, provided further however, that police-related "extra-duAY' employment shall be limited to a maximum of 20 hours per week During periods of unusual seasonal demand, exceptions to the 20-hour maximum will be considered by the Police Chief or his/her designee, who shall approve or deny such requests m his/her sole and unlimited discretion Item # 41 Pagel8 Attachment number 1 Page 23 of 55 The City and Union agree that this Section shall upon the request of either party be reopened for the purpose of negotiating mandatory subjects of bargaining related to "extra dut/' employment and any specific impact such program may have on any existing provisions or items affected by such program. However, items affecting wages, hours, or terns and conditions of employment shall be implemented only upon the mutual agreement of the parties. Section 18 Legal Protection The City agrees to defend any member of the bargaining unit who is sued for damages as a result of actions taken in the scope of his/her employment with the City to the extent provided in Chapters 111 and 768 FS. The employee agrees to cooperate with the City in providing this defense. Section 19. Copies of Municipal Code The City agrees to provide copies of those portions of the City Code of Ordinances relating to penal offenses to members of the unit upon request. Section 20. Paycheck Issuance Paychecks shall be available on the same day that the paycheck is dated to be issued to employees both coming on and going off shift at their assigned Aurk location at the start or end of the respective workday as applicable. E mployees shall be required to elect to receive the entirety of their pay in either standard hard copy paycheck format or through direct deposit by electronic transfer, and will not be permitted to split their pay betxwen the twD medium. E mployees may elect to change from one paynnent medium to the other at any time provided 14 days written notice is given to the City s payroll division Section 21. Master Officer Designation The City and Union agree that this Article maybe reopened during the period from October 1, 2010 to September 30, 2012 for the purpose of negotiating mandatory subjects of bargaining related to the development and implementation of a Master Officer designation only. If this Article is reopened and the parties are unable to reach agreement, the existing language shall be maintained as the status quo, and shall not be subject to the impasse procedure. Item # 41 Pagel9 Attachment number 1 Page 24 of 55 ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. There shall be nine (9) paid holidays. They shall be: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Christmas Day January 1 Federal Holiday Federal Holiday Federal Holiday July4 Federal Holiday November 11 4th Thursday in November December 25 The City shall permit the use of bargaining unit seniority within existing bid practices to determine whether an employee will work on holidays and reserves the right to determine the appropriate level of staffing and the schedule employees will observe on the holidays. This applies to all bargaining unit employees. If an employee is scheduled to work on a holiday, the employee's scheduled shift must have the maj ority of hours on the actual scheduled holiday to receive holiday pay. Additional time Aurked imnhediately preceding or following the holiday shift does not determine holiday pay. B. In the event that one of the above named holidays occurs during the course of an employee's vacation, then the employee shall not be charged for the vacation leave. C. In the event that one of the above named holidays occurs while an employee is on paid sick leave, the employee shall receive holiday pay at his/her straight time rate and shall not be charged sick leave pay for that day. In the event the employee is on sick leave without pay, or any other form of time off without pay, the employee shall not be paid for the holiday. D. Employees who Aurk eight (8) hours or more on Christmas Day, New Year's Day, Independence Day, and Thanksgiving Day shall be paid at a rate of 2-1/2 times regular pay. E. An employee may be required to wDrk all or part of any holiday even though it may be his/her regularly scheduled day off. When a holiday falls on an officers regular day off, 8-hour and 10- hour officers are paid eight (8) hours holiday pay. Both types of employees have w®rked 40 hours and are paid 48 hours - a full week plus one (1) holiday. F. Floating Holidays: In addition to the designated holidays above, employees shall be entitled to up to four (4) floating holidays as herein provided Neither the holidays listed in paragraph (A) above nor any day for which an employee is not scheduled to work maybe selected as a floating holiday. Item # 41 Page20 Attachment number 1 Page 25 of 55 Floating holidays shall be subject to the following requirements and conditions: (a) No employee may utilize floating holidays until thirty (30) calendar days after his/her employment. (b) During the first year of hire, floating holidays shall be prorated on a quarterly basis in accordance with the following Date of Hire Floating Holidays Awarded January to the end of March 4 April to the end of June 3 July to the end of September 2 October to the end of December 1 (c) Floating holidays must be taken in full day increments and may not be carried over from one payroll calendar year to another, and if not taken are forfeited except as provided in paragraph (d) below. (d) An employee may elect to take one or more floating holidays for which he/she is eligible (and has not taken or scheduled) as a cash stipend The employee will be paid eight (8) hours for each floating holiday for which the employee makes this election (e) Floating holidays are scheduled at the mutual convenience of the employee and the Department. G. Pay procedures regarding specific situations as related to holidays follow NOTE: Officers cannot take leave time (comp time, vacation, sick leave, etc.) in lieu of a holiday. An officer normally scheduled to work the holiday, must take the day as a holiday. If an officer calls in sick when scheduled to work, the officer shall receive holiday pay (8 hours for the 5/8 employee and 10 hours for the 4/10 employee) and shall not be charged sick leave. (a) Procedure when holiday falls on officer's scheduled wDrk day bit officer takes the day off: Pay eight (8) hours holiday pay for the 5/8 shift and ten (10) hours holiday pay for the 4/10 shift. Both types of employees are paid for 40 hours -- a standard wDrk Lek minus one wDrk day plus one day holiday. (b) Procedure when holiday falls on officers scheduled Aurk day and officer works the day. E mployees on both 5 /8 and 4 /10 shifts receive eight (8) hours of holiday pay. E mployee is paid regular hours for hours worked. Item # 41 Page21 Attachment number 1 Page 26 of 55 (c) Procedure when holiday falls on officer's scheduled work day and officer works "overtime" (time beyond the normal daily schedule of officer): Employees on both 5 /8 and 4/10 shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. Whether the overtime hours are straight overtime or premium overtime is determined by the total "sweat" hours paid for the work week There is no extra holiday pay for hours worked over the basic shift. (d) Procedure when holiday falls on officers scheduled work day and officer takes part of the day off: Employees on both 5/8 and 4/10 shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. A Police Officer who is required to take the day off as a holiday when he/she would otherwise have been working the day as part of his/her regular workweek shall receive holiday pay for the day in accordance with his/her schedule and such hours shall count as hours worked towards the calculation of overtime. (e) Procedure when holiday falls on officers regular day off, but officer works overtime: Employees on both 5/8 and 4/10 shifts receive eight (8) hours holiday pay. The overtime hours are turned in as overtime. Whether the overtime is straight overtime or premium overtime is based on the total hours worked in the work week (f) Procedure when premium holiday falls on officers scheduled work day and employee works his/her scheduled day Employee receives 2-1/2 times regular pay for all hours worked. (g) Procedure when premium holiday falls on officer's scheduled work day and officer works "overtime" (time beyond the normal daily schedule of the officer): Employees receives 2- 1/2 times regular pay for all hours worked. (h) Procedure when premium holiday falls on officers scheduled work day but officer takes part of the day off: If the employee works eight (8) hours or more, all hours worked are paid at 2-1/2 times regular pay. If the employee works less than eight (8) hours, he/she is paid eight (8) hours holiday pay at the regular rate of pay plus all hours worked at the regular rate of pay. (i) Procedure when premium holiday falls on officers regular day off but officer works overtime for a special detail: If the employee works less than eight (8) hours, he/she is paid eight (8) hours holiday pay at the regular rate of pay and all hours worked at the rate of pay as determined by overtime calculations. Of the employee works eight (8) hours or more, all hours worked are paid at 2-1/2 times regular pay.) NOTE: In case of a premium holiday, the 2-1/2 times regular pay rate does not apply unless the employee works eight (8) hours or more on the holiday. Item # 41 Page22 Attachment number 1 Page 27 of 55 Section 2. Vacations A. Accrual of Vacation Leave 1. Vacation leave shall be accrued on a bi weeldybasis and will be pro-rated according to hours in a paid status for all full-time employees in accordance with the number of completed years of credited service as follows: Completed Years of Service Biweekly Accrual Vacation Hours 0 3.077 0 1-2 3.077 80 3 3.385 88 4 3.692 96 5 4.000 104 6 4.308 112 7 4.615 120 8-10 4.923 128 11 5.231 136 12 5.538 144 13 -14 5.846 152 15-19 6.154 160 20 & Over 6.462 168 2. The vacation year shall be the calendar year. B. Use of Vacation Leave 1. The use of vacation leave shall be authorized in accordance with Police Department Regulations. 2. If service requirements permit and with the approval of the Department, an employee may use his/her accreted vacation in increments of tenths of an hour. 3. All bargaining unit employees are entitled to use at least twD (2) weeks of accrued vacation leave per year. 4. The borrowing of vacation time prior to its accrual is prohibited 5. There is no advancing of vacation pay. 6. An employee must be employed for six (6) months prior to requesting the use of vacation leave. 7. Compensatorytime off maybe taken in conjunction with a regular vacation if authorized. Item # 41 Page23 Attachment number 1 Page 28 of 55 8. During the period from the date of approval of this Agreement by the City Council through September 30, 2010 only, the first three full days of vacation granted to each employee of the bargaining unit for the entire period will be paid by the City and will not be deducted from the employee's individual vacation leave accrual balance. Employees will continue to accrue additional leave time for such hours in accordance with the established leave accrual schedules and consistent with the provisions of this Agreement as they relate to accrual of leave time f or hours in a paid status. However, all such hours taken that are paid by the City and not deducted from the employee's individual vacation leave accrual balance will not be counted as hours worked for the purpose of calculating overtime. C. Maximum Accrual of Vacation Leave The maximum amount of vacation leave that maybe accumulated is 240 hours. D. Payment and Accrual During Military Leave 1. An employee granted an extended military leave of absence for active duty in accordance with the Citys Emergency Military Leave Supplementary Compensation Policy shall be paid all accrued leave upon the employee's request when the employee begins the extended military leave. 2. An employee returning from an extended military leave of absence shall accrue vacation leave for the period of military service not to exceed 240 hours. E. Conversion to Sick Leave or Funeral Leave During Vacation Leave 1. The employee may request that vacation leave be changed to sick leave if the employee or member of the employee's immediate family becomes ill for more than three (3) consecutive days, while the employee is on vacation leave. 2. The employee may request that vacation leave be changed to funeral leave provided the request is consistent with Funeral Leave provisions of this Agreement. F. Payment of Unused Vacation Leave Payment of unused vacation leave will be paid upon voluntary separation of the employee up to a maximum of 240 hours, provided the employee was not dismissed for cause and has more than one year of continuous service. Payment will be made at the base rate exclusive of any premium pay or shift assignment pay. G. The City and Union agree that paragraphs C., D.(2.), and F. of this Section maybe reopened for the purpose of negotiating changes to the maximum vacation leave accrual only. If this Section is reopened and the parties are unable to reach agreement, the existing language shall be retained in whole and part as the status quo, and this Section shall not be subject to the impasse procedure. Item # 41 Page24 Attachment number 1 Page 29 of 55 Section 3. Sick Leave For payvll presses, a payvll calendar t mr begins uith the first day of the first pay p od for the first paycheck date in the calendar t ur and ends uith the last day of the last pay p rW for the last pay check in the calendar yur. A. Sick Leave Accrual Employees shall accrue sick leave each payroll period based on hours in a paid status. Employees shall accrue 3.693 hours of sick leave on a biwueldy basis. (L e., An employee on a forty-hour work Lek earns twlve (12) days per calendar year.) B. Sick Leave Accrual Caps E mployees may accumulate up to 1560 accreted hours. C. Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an employee recalled from layoff or returned from a leave of absence. 2. Sick leave balances remain the same upon transfer to another departrnent or classification 3. Sick leave balances are converted to equivalent days if an employee changes to a different hourly work v&ek (i.e., Forty-hour work v&ek to thirty seven and one-half hour work week, and vice versa) 4. No sick leave balances are restored after a break in service. D. Calculation for Use of Sick Leave Sick leave maybe authorized in increments of tenths of an hour. E. Authorized Use of Sick Leave Sick leave is not a privilege to be used at the employee's discretion It shall be authorized only for absences: 1. Due to personal illness or physical incapacity. 2. Due to exposure to contagious disease in which the health of others would be endangered by the employee's attendance on duty. 3. Due to dental appointments, physical examinations, or other personal or family sickness prevention measures. 4. Due to illness of a member of the employee's immediate family which requires the employee's personal care and attention "Immediate family' shall mean parents, stepparents, grandparents, children, stepchildren, grandchildren, brothers, sisters or present spouse of the employee and the "immediate family' of the employees spouse, or other permanent member of the "immediate household" living together as family. Item # 41 Page25 Attachment number 1 Page 30 of 55 F. Authorization of Sick Leave 1. An employee requesting authorization of sick leave shall inform an on-duty supervisor or the desk officer at least one-half hour prior to the regularly scheduled reporting time; the specific reason, and where (phone number and address) the employee will be while on sick leave. This address and phone number will be updated whenever the address or phone number changes during the period of sick leave. 2. Failure to do so maybe the cause for denial of sick leave and other disciplinary action G. Payment for Unused Sick Leave Upon separation from the City service, an employee shall be paid for one-half (1 /2) of his/her accumulated unused sick leave up to 1560 hours, provided 1. That the rate of payment shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation The hourly rate will be adjusted in accordance with base bitieeldy pay if the employee is on a work schedule other than forty (40) hours per vneek The employee may request that one-half (1 /2) the payment for unused sick leave be made at separation and one-half (1 /2) the payment be made in the first payroll period in the next calendar year. 2. The employee if swDrn has had at least t"enty (20) ears of continuous service with the City; or if not sworn retires on City Pension, is involuntarily separated (including disability or layoff), or retires under Federal Social Security with a minimum of five years service. Leaves of absence without pay, suspensions, and layoffs folio Aed by subsequent re-employment shall not be considered as breaks in service. The length of such time off or layoff shall be deducted from the total length of service. M11itary leaves and leaves during which the employees are receiving Workers' Compensation shall not be deducted from continuous service. 3. That the separation is involuntary on the part of the employee, including disability (incurred on or off the job) and layoffs. 4. The employee's estate shall receive payment if an employee dies. 5. An employee who has been dismissed for cause shall have no claim for sick leave payment. H. Injury From Other Employment An employee may not utilize accumulated sick leave for absences resulting from an injury arising out of and in the course of employment other than City employment for which monetary or other valuable consideration is received or expected Any employee who utilizes accumulated sick leave or who attempts to utilize accumulated sick leave for absences resulting from an injury arising out of and in the course of employment other than City employment maybe suspended or terminated Item # 41 Page26 Attachment number 1 Page 31 of 55 1. Use of Leave After Accrual Employees may be authorized to use sick leave after it is accrued. The employee may be required to submit acceptable evidence such as a medical certificate from a medical doctor to substantiate the reason for requesting sick leave. J. Bonus Leave Days Following a payroll calendar year that a bargaining unit employee uses no sick leave, or less than twD days of sick leave, the employee will be awarded Bonus Leave Days in accordance with the following chart. Bonus Leave Days must be used before the end of the payroll calendar year for which they are awarded. Assigned Shift Amount of Sick Leave Used Bonus Leave Days Awarded Eight or Ten Hour Shifts Zero Time 2 Eight or Ten Hour Shifts More than zero time but less 1 than 2 days More than zero time but less Combination of Eight and than 2 days combined as: 1 Ten Hour Shifts . 2 Eight-hour days 2 Ten-hour days 1 Ten-hour day and 1 Eight-hour day 1. Bonus Leave Days must be used in full day increments. 2. Bonus Leave Days are not included in overtime calculations. 3. At the end of each payroll calendar year, employees may elect to be paid the cash equivalent based upon the employee's current base rate of pay for any Bonus Leave Days not used during the payroll calendar year. 4. Upon an employee's separation from the City, the employee will receive a lump sum payment for his/her remaining Bonus Leave Day-balance. Item # 41 Page27 Attachment number 1 Page 32 of 55 Section 4. Leave Pool A joint leave pool will be established by members of the Fraternal Order of Police Lodge No. 10 and Fraternal Order of Police Supervisors' bargaining units, such leave pool to be available for use by members of both bargaining units, subject to the following provisions: A. The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or qt ry, whether job-connected or non-job- connected, or serious illness or iryuryto a family member covered under the sick leave policy. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than thirty (30) calendar days. B. A committee shall be fomled and the committee shall determine use of the leave pool days, subject to the above purpose and limitations. 1. The committee shall consist of twD (2) members designated by each bargaining unit, and one member designated by the other four members. 2. The committee shall review employee needs and circurnstances consistent with the provisions of the leave pool and shall determine eligtbilityfor and the amount of pool leave time that may be provided to employees. The committee may establish procedures, form, and other rules necessary for its effective operation, provided they are consistent with the provisions of this section 3. The committee's decisions are final and are not grievable. An employee may ask for reconsideration by the committee in accordance with rules established by the committee. C. Bargaining unit members may donate days at 100% value from their vacation, sick leave or floating holidaybalances to the leave pool one time per year. 1. No employee shall be permitted to donate more than four (4) days of leave per year to the pool. In the event that the number of days in the leave pool becomes less than fifty leave days, the committee may open up the opportunity for additional donations to be made during the calendar year. The 4-day donation limit shall not be modified 2. All donations of pool leave time must be in full day increments based on the employee's full time, regularly scheduled day (i.e., an eight-hour or ten-hour day is a full day). 3. Donations of pool leave time are irrevocable. 4. No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day for day. Item # 41 Page28 Attachment number 1 Page 33 of 55 D. In order to be eligible to receive leave time from the joint leave pool, employees must have donated a minimum of one (1) day to the joint leave pool within the past twelve months prior to making application for leave from the pool. Newly hired employees shall be exempted from the requirement to donate a minimum of one day to the leave pool prior to requesting time from the leave pool for a period of one (1) year from the date of their employment with the City. E . When pool leave time is authorized by the committee for use by an employee, it shall be on a day for-day basis, irrespective of whether the employee works an eight-hour or ten hour shift. An employee using leave pool time shall receive regular base pay and his/her regular shift pay, however other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). Pool leave time granted shall be limited to 60 days in any 12 nwnth period for each pool leave time recipient, except that requests from the Union for time in excess of the 60 days to be granted from the leave pool to a recipient may be approved at the sole discretion of the City Manager/designee. F. Pool leave time not used in a given year by the employee receiving the donated pool leave time shall be returned to the leave pool and carried over to the next year. No donated pool leave time will be refunded to the donor. Section 5. Funeral Leave E ach employee shall be allowed up to forty (40) hours funeral leave with no loss of pay and no charge against sick leave time in the event of death in the "immediate family." Death in the "immediate" family shall be defined as a death of a spouse, child, stepchild, mother, stepmother, father, stepfather, grandfather, grandmother, grandchild, brother or sister of the employee or the employee's spouse. Additional funeral leave for a death in the immediate family maybe granted with the approval of the Police Chief. Each employee shall be allowed up to two (2) consecutive work days at any one time for a death of a member of the "close" family chargeable to sick leave. "Close' family shall be defined as the following family members: stepbrothers; stepsisters; brothers wife, sister's husband or other member of the employee's immediate household Additional time, chargeable to sick leave, may be granted with the approval of the Police Chief. An employee must attend the funeral in order to receive pay for a death in the family. Section 6. Military Leave Any regular or probationary employee in the classified service being inducted or otherwise entering the armed forces of the United States in time of war, or pursuant to the Selective Service Act of 1948 as amended, or of any other law of the United States, shall be granted military leave of absence without pay for the period of the military service required of him/her, and on completion thereof be reinstated in the City service in accordance with the following regulations: Item # 41 Page29 Attachment number 1 Page 34 of 55 A. Mlitary leaves shall be granted in accordance with the provisions herein except where said provisions may be superseded by Federal Law. 1. For inductees, the minimum period of time required to be served 2. For enlistees in time of war, the period of the first minimum enlistment, or for such additional period of time required to be served 3. For reservists, the minimum period of time required to be served B. For the purposes of this Section, "armed forces" shall be defined to include: 1. The Army, Navy, Marine Corps, Air Force and Coast Guard 2. The auxiliary services directly necessary to and actually associated with the armed forces of the United States, as maybe determined by the City. C. Application for reinstatement must be made within 90 calendar days from date of discharge or release, or from hospitalization continuing after discharge for a period of not more than one year. Such application shall be in writing to the Human Resources Director and shall be accompanied by evidence of honorable discharge or release. D. Upon return from military leave, the employee shall be reinstated in the City service in accordance with the following regulations: 1. If still qualified to perform duties of his/her former position, the employee shall be restored to position or to a position of like seniority, status and pay, or 2. If not qualified to perform the duties of his/her former position by reason of disability sustained during such service but qualified to perform the duties of any other position in the employ of the City, the employee shall be restored to such other position, the duties of which the employee is qualified to perforrr> as will provide the employee with like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in his/her case. 3. In the event no vacancy exists in the appropriate class and there is an employee in such class serving a probationary period who has not acquired regular status, then such probationary employee shall be laid off and the returning employee reinstated 4. If a returning employee has regular status and cannot be reinstated under the provisions of paragraph (3) above, then the employee having been employed in the appropriate class for the shortest period of time shall be laid off and the returning employee reinstated 5. A returning employee shall have the same status as prior to the beginning of his/her military leave. The employee shall be alloALd to take any subsequently administered examination for promotion after return that he/she would have been eligible to take had he/she not been on military leave, and shall be required to complete any uncompleted period of probation No grievance shall be filed or processed by any other employee or the Union in connection with this paragraph Item # 41 Page30 Attachment number 1 Page 35 of 55 6. The employiee shall submit to such medical and/or physical examinations as the City Manager shall deem necessary to determine whether or not such military service has in any way incapacitated him/her for the work in question, provided however, that as far as practicable any employee returning with disabilities shall be placed in such employment as the City Manager shall deem suitable under the circumstances. 7. Any regular or probationary employee receiving a dishonorable discharge from the armed forces shall not be reinstated to any position in the City service. E. An employee granted a military leave of absence shall, insofar as possible, have all the rights and privileges he/she would have had if he/she had remained on duty including cumulative seniority, and except as otherwise provided in these Rules and Regulations, all other benefits dependent on length of employment to the same extent as if the employee had not been absent on such leave. F. An employee returning from military service shall be reinstated to active City service at the earliest possible date following application for such reinstatement, consistent with the best interests of the City service and taking into consideration necessary adjustments of staff. However, in no event shall this period be more than thirty (30) calendar days. The City shall have the right as part of directing the employee's duties upon returning to wDrk, to assign the employee to such training as is necessary in its judgment to ensure the employee's f arruliarity with j ob duties and knowledge. G. For pre-induction physical examination when so ordered by a Selective Service Board, time off shall be granted for the minimum period necessary to comply with such order, but shall in no case exceed two (2) regularly scheduled work days. H. For required active or inactive training duty as a member of a Reserve Component or the National Guard falling on the employee's regularly scheduled work days, the employee shall be allowed up to a maxinwm of seventeen (17) work days per calendar year without loss of seniority rights or efficiency rating. Absences from duty for required military reserve training in excess of seventeen (17) days work per calendar year or for any non required military reserve training for which the employee initially volunteered shall not be compensated for by the City. A copy of the employee's military orders certifying his/her training assignment shall be submitted by the employee to the Police Chief immediately upon receipt by the employee. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the seventeen (17) work days provided above will be granted time off without pay. The employee shall be required to provide timely notice of such training assignments to the City. Failure to provide timely notice of an employee's military orders to the Police Chief shall be considered just cause for disciplinary action not to exceed a three (3) day suspension Item # 41 Page31 Attachment number 1 Page 36 of 55 Section 7. Time Off A. An employee shall be granted necessary time off from his/her duties with pay for any of the following reasons: 1. For participation in Police promotional examinations held by the City or other examinations required by the City when such time off does not, in the judgment of the Police Chief, interfere with or impair the operations of the Deparhnent. 2. For serving on a jury. The employee maybe required to furnish proof of such service and shall work any part of his/her regular schedule when not required to serve on said jury. 3. When directed by the City Manager or Police Chief to attend professional or other conventions, institutes, courses, or meetings. Employees who wish to voluntarily attend career development training may be granted time off from duty with pay to attend such training, however compensation for such training shall be limited to the actual time spent in training up to the number of hours in the employee's standard iAurkNek Employees shall be compensated in accordance with provisions of the Fair Labor Standards Act for time spent in training beWnd the number of hours in the employee's standard Aurk-vwek when such time has been duly authorized in advance by the Department. 4. When directed by the City Manager or Police Chief to attend in-service training or other in- service meetings, including authorized safety meetings. B. An employee maybe granted time off without compensation for attendance at meetings other than those specified above or to attend to urgent personal business, provided that such employee shall request approval from the Police Chief in sufficient time to permit the Police Chief to make arrangements therefor, and further provided that such time off will not affect the efficient operation of the department in the sole and uinhiruted discretion of the Police Chief or his/her designee. C. With the prior approval of the Police Chief or his/her designee, and when the employee is acting in an official capacity on behalf of the City, an employee maybe granted time off from his/her duties for acting as an active or honorary pallbearer at a funeral or for attendance at state funerals, funerals of City officials, of employees or their wives or husbands, or military or fraternal funerals. Such time off maybe granted with or without compensation at the sole and unlimited discretion of the Police Chief and the City Manager or their designees. For the above occasions only, the Deparhnent shall provide all expenses for up to twD designated Honor Guard members, as iAull as transportation and fuel costs for any other Honor Guard members permitted to be released from duty in accordance with Department staffing requirements. Item # 41 Page32 Attachment number 1 Page 37 of 55 Section 8. Leave Without Pay A. A regular employee may on written application therefor, be granted a leave of absence without pay upon the prior approval of the City Manager or his/her designee for any of the following reasons: 1. The physical or mental disability of the employee. 2. The employee has announced his/her candidacy for public office. 3. The employee is entering upon a course of training or study for the purpose of improving the quality of service to the City and/or of fitting himself /herself for promotion in the classified service. 4. Extraordinary reasons, sufficient in the opinion of the City Manager to warrant such leave of absence. 5. Maternity/child care leave in accordance with the Cites Family and Medical Leave Act Policy to enable a parent to care for a newbonm, newly adopted or seriously ill child, provided however that if both parents are employees of the City, only one parent at a time may take maternity/child care leave. An employee may request to utilize vacation, holiday, and comp time to continue pay status in accordance with current federal or state guidelines on family medical leave. B. Leave for any of the above reasons shall be subject to the following regulations: 1. Such leave shall not be granted for more than six (6) months but may under the provisions of paragraphs above be reneined upon written application therefor by the employee and approved by the City Manager. 2. An employee granted a leave of absence hereunder shall except as hereinafter provided be restored to his/her former position on the expiration of the leave, or if requested in writing by the employee and approved by the City Manager, before the expiration thereof. 3. In the event that it is determined by the City Manager that it wDuld not be in the best interest of the City to restore such employee to his/her former position or in the event that the former position has been abolished in the meantime, the employee shall be placed at the head of the re-employment list for the class or position nearest approximating that in which he/she was employed immediately prior to such leave, provided he/she is physically and mentally qualified for such position Should the names of twD or more employees returning from leave be placed on the same re-employment list, the names shall be arranged in order of City seniority. Time off with compensation taken under any of the provisions of this Agreement (including vacation and sick leave) shall not be required to be made up. Item # 41 Page33 Attachment number 1 Page 38 of 55 ARTICLE 9 WAGES AND COMPENSATION Section 1. Wages A. The Pay Schedules shall be in accordance with Appendix A. Pay schedule increases are not automatic but are management review rates and may be granted only upon receiving a rating of satisfactory or better on the annual performance review Eligibility for review for within pay schedule increases shall be as follows: Police Officers Step 1- Original appointment Step 2 - At the end of one year of satisf actory service in step 1. Step 3 - At the end of one year of satisf actory service in step 2. Step 4 - At the end of one year of satisf actory service in step 3. Step 5 - At the end of one year of satisf actory service in step 4. Step 6 - At the end of one year of satisf actory service in step 5. Step 7 - At the end of one year of satisf actory service in step 6. Step 8 - At the end of one year of satisf actory service in step 7. Step 9 - At the end of one year of satisf actory service in step 8. Step 10 - At the end of one year of satisfactory service in step 9. Step 11 - At the end of one year of satisfactory service in step 10. Step 12 - At the end of one year of satisfactory service in step 11. Police Service Technicians and Police Service Technician Supervisors Step 1- Original appointment Step 2 - At the end of one year of satisf actory service in step 1. Step 3 - At the end of one year of satisf actory service in step 2. Step 4 - At the end of one year of satisf actory service in step 3. Step 5 - At the end of one year of satisf actory service in step 4. Step 6 - At the end of one year of satisf actory service in step 5. Step 7 - At the end of twD years of satisfactory service in step 6. Step 8 - At the end of twD years of satisfactory service in step 7. Step 9 - At the end of twD years of satisfactory service in step 8. Step 10 - At the end of twD years of satisfactory service in step 9. Step 11- At the end of twD years of satisfactory service in step 10. Step 12 - At the end of twD years of satisfactory service in step 11. Step pay increases shall provide for approximately a 5% increase over the preceding step for each step advancement from Step 1 through Step 6 and approximately a 2 1/2% increase for each step advancement from Step 7 through Step 12. Item # 41 Page34 Attachment number 1 Page 39 of 55 Employees who receive an evaluation rating of less than satisfactory shall not be granted a merit step advancement on their promotional anniversary date. Such employees may be reevaluated after three months, and if then rated satisfactory shall be granted a merit step advancement as of the date of the three month follov,,-up review Such effective date shall be thereafter utilized for the purpose of determining eligibility for subsequent annual merit reviews. If the three month follov,,-up rating is still less than satisfactory, the employee shall be reevaluated in another three months, and if then rated satisfactory shall be granted a merit step advancement as of the date of the second three-month follov,,-up review. Such effective date shall thereafter be utilized for the purpose of determining eligibility for subsequent annual merit reviews. If the second three month follov,,-up review rating is still less than satisfactory, no merit step advancement shall be granted and the employee shall be evaluated again on his/her prior merit review date. B. The parties agree this Section may be re-opened upon the written request of either party no sooner than 90 days prior to September 30, 2010 for the purpose of negotiating rates of pay and/or ad ustments to pay range minimurrr, and maximums for any bargaining unit members or represented job classifications for the period from October 1, 2010 through September 30, 2011. The parties agree the amount of the general wage increase and/or adjustments to pay ranges shall not constitute a reduction in rates of pay or pay ranges in effect at the time of the change, if any. The provisions of the pay schedule of steps described in Section 1, A. of this Article shall not be subject to the re-opener. The parties further agree this Section maybe re-opened upon the written request of either party no sooner than 90 days prior to September 30, 2011 for the purpose of negotiating rates of pay and/or adjustments to pay range minimum and maximums for any bargaining unit members or represented job classifications for the period from October 1, 2011 through September 30, 2012. The parties agree the amount of the general wage increase and/or adjustments to pay ranges shall not constitute a reduction in rates of pay or pay ranges in effect at the time of the change, if any. The provisions of the pay schedule of steps described in Section 1, A. of this Article shall not be subject to the re-opener. C. Lateral Entryfor NewHire Police Officers: Newly hired Police Officers shall be permitted to enter the established pay range at a step or more than one step above the first step based on acceptable experience as a Police Officer at another agency deemed creditable by the Department. Such Officers shall be advanced upon hire one step in the established pay range for each two ears of verifiable experience at a prior agency up to a maximum lateral entry of step three. Such Officers shall remain fixed at the lateral entry step until such time has passed as is prescribed for advancing from step one to the lateral entry step number in accordance with the schedule established in paragraph A of this Section, and shall thereafter continue to be advanced through the steps in accordance with said schedule. For example, an Officer with six years of creditable, verifiable experience at a prior agency would be permitted to enter the established pay range at step three. Such Officer would remain fixed at step three for three years, and would then progress though the range thereafter in accordance with the established schedule. All lateral entry Officers would continue to be eligible to receive negotiated general wage increases while fixed in step. Item # 41 Page35 Attachment number 1 Page 40 of 55 Section 2. Overtime Pay A. No employee shall be sent home prior to the end of his/her regularly scheduled shift for the purpose of denying overtime pay, nor shall any employee have his/her work schedule altered in an arbitrary or capricious manner. B. If a regularly scheduled Aurk day is to be canceled the employee must be notified by the end of his/her tour of duty immediately preceding the scheduled work day to be canceled No regularly scheduled wDrk day will be canceled for the sole purpose of avoiding overtime pay. C. Employes shall be paid for all hours actually wDrked. The City shall pay overtime at the rate of time-and-one-half for all hours actually wDrked in excess of 40 hours in any one w®rk week Hours for which an employe is paid as a result of holidays, sick time, vacation and similar periods of nonproductive time shall not be considered as time worked for the purpose of computing overtime pay, except as otherwise provided in this Agreement. D. The wDrk v&ek shall be from Saturday through the following Friday. All hours for shifts that begin on one wark day and end on the next Aurk day shall be counted on the Aurk day where the majority of the hours for the shift fall. When shift hours are evenly split betwuen bAu work days, all hours for the shift shall be counted on the Aurk day the shift begins. E. An employe may be required to Aurk overtime if, in the sole and unlimited discretion of the Police Chief or his/her designee, the employee's services are deemed necessary. Section 3. Compensatory Time Allowance Employes will be provided the opportunity to request to be granted compensatory time, in lieu of overtime payment, up to a maximum cumulative accrual of 120 hours of compensatory time. At no time may an employe's total accrual of compensatory time exceed 120 hours. Compensatory time accrual will be at time and one half for each hour selected in lieu of premium overtime payment. Requests to use compensatory time shall be made to the appropriate Police Captain or other managerial employe. Compensatory hours off shall be considered as hours warked in computing overtime under this Article. Payment for compensatory hours will be made for all time exceeding the 120 hour limit, or for any hours when requested in writing by an employe. Employes shall be paid for all compensatory time at separation from City service. Section 4. Shift Differential A bargaining unit member shall be entitled to shift differential pay as set forth in this Section A. For purposes of computing shift differential pay the following shift series and payments are established Shift Series No. Hours Payment Per 14-Day Period 100 2400-0700 70% 200 0700-1600 0% 300 1600-2400 5% Item # 41 Page36 Attachment number 1 Page 41 of 55 The payments shall be computed as a percentage of the employlee's base pay, including his/her merit and longevity step. B. An officers shift differential shall be determined by the shift series into which the majority of the weekly hours of his/her regularly assigned shift for the scheduled shift cycle falls and without regard to the starting or ending time of the officer's shift. Temporary shift or duty assignments of less than twenty eight (28) calendar days shall not entitle an officer to shift differential pay. Employes in the bargaining unit assigned for initial or remedial training under the FTO program shall not be entitled to shift differential pay. C. Shift differential pay shall be paid to any officer regularly assigned to a Series 100 or 300 shift and shall not be prorated on account of vacation, holidays or other paid time off. Section 5. Standby Pay An employe assigned to standby will receive a flat fee of: $15.00 per night, Monday through Friday $30.00 for Saturday $30.00 for Sunday Only the Police Chief or his/her designee may place an employe on standby. This Section will also apply to all Telephone Alert situations. Section 6. Recall Pay Any employe who is recalled to duty after having left for the day, or on a regularly scheduled day off, or compensation day, or more than three (3) hours prior to the start of his/her regularly scheduled tour of duty, shall be guaranteed a minimum of two (2) hours pay or twD (2) hours wurk For the purpose of this Section, recall is defined as the unscheduled calling back or call in of an employe to perform needed work after the employee's regular shift ends and the employe has already left the job or on a weekend, holiday, or other equivalent period during which the employe would not otherwise have worked and shall include any duty, detail, or response to a lawful order for which the employe can be disciplined for his/her failure to comply. This specifically excludes court appearances. Police Officers will be paid for the actual time worked for any self-initiated police action taken while off duty and all such hours shall count as hours worked toward the calculation of overtime. Any employe recalled while on vacation shall be paid at time and one-half for all hours worked in lieu of the rescinded vacation time. An employee's vacation balance will not be charged for any time actually worked. Section 7. Acting Pay If a Police Officer or Police Service Technician serves in a higher capacity on an acting basis for more than two (2) consecutive complete payroll calendar work weeks (Saturday through Friday), said employe shall receive acting pay retroactive to the date the assignment began. When a Corporal serves in an acting capacity as a Sergeant for more than two consecutive complete payroll calendar work weeks as specified above, Corporal Job Assignment Pay shall cease and Acting Pay shall begin Acting pay is five percent (5%) above the employe's base salary. Item # 41 Page37 Attachment number 1 Page 42 of 55 Section 8. Job Assignment Pay A. Police Officers who are assigned to the Office of the Chief, Criminal Investigations Division, Support Services Division, Corporal, or the Field Training and Evaluation Program shall be provided 5% above the employee's current base rate of pay. B. Police Officers who are assigned as Crime Scene Photographer, Mobile Conmmd Center operator, Sex Crime Investigator, or Traffic Homicide Investigator, shall be provided with the following amounts in addition to the employee's current base rate of pay. October 1, 2009 through September 30, 2012 - $25 per payroll period Police Officers who are assigned to Community Policing Squads, SWAT Team, Traffic Section, Canine Officer or School Resource Officer shall be provided with the following amounts in addition to the employee's current base rate of pay. October 1, 2009 through September 30, 2012 - $40 per payroll period Police Service Technicians who are assigned outside of the Telephone Reporting Unit for more than ten consecutive work days shall be provided with the following amounts in addition to the employee's current base rate of pay. October 1, 2009 through September 30, 2012 - $50 per payroll period C. An employee may participate in more than one job Assignment but may not receive more than one Job Assignment Pay differential from group (A) above nor more than one Job Assignment Pay differential from group (B) above, but may receive one Job Assignment Pay differential from group (A) above in addition to one Job Assignment Pay differential from group (B) above. In such case, the employee shall receive the amount of the greater assignment pay differential for each category concerned Bargaining unit members designated as certified Bi Lingual in accordance with department specifications shall be provided $50.00 per payroll period in addition to the employee's current base rate of pay over and above the assignnent pay differentials listed above. D. Job assignments shall be made at the discretion of the Police Chief from a list of interested candidates who have been determined to be qualified for such based on criteria developed by the Department. The number and duration of such assignments may vary and shall be at the discretion of the Department. Item # 41 Page38 Attachment number 1 Page 43 of 55 Section 9. Canine Officers A. Employees covered by this Agreement who are assigned as canine officers shall normally work for seven hours and fifteen minutes per Aurk day for five (5) days per week on regular duty with or without their canine(s). On those regular work days, they shall also be credited with forty-five minutes work time for time in the care and handling of their canine(s). This time shall be the customary and average amount of time spent by a canine officer on a duty day. On the officers days off from regular duty they shall be credited with 30 minutes of wDrk time for time in the care and handling of their canine(s). Such time shall be based on their regular rate of pay and shall be paid at straight time or an overtime rate depending upon total hours worked during the week It is recognized that on off-duty days the officers responsibilities for care and maintenance are reduced B. Advance approval shall be required from the appropriate Police Captain or higher level manager before a canine officer can wDrk any additional overtime in care and maintenance activities. C. No wDrk time is to be used by an officer to prepare or train for participation in canine demonstrations or competitions, except as scheduled by the Department in accordance with standard operating procedures established by the Department and approved by the Police Chief. In the sole discretion of the Police Chief, canine officers may be scheduled to attend demonstrations or competitions. Time involved in demonstrations or competitions shall be limited to the officer's regular weekly duty hours (40 hours) unless previously approved in writing by the Police Chief or his/her designee. Due to the scheduling of demonstrations or competitions, hours and/or days of wDrk are subject to adjustment to meet the circumstances at hand D. Assignment and the removal of assignment as a canine officer is the sole prerogative of the Police Chief or his/her designee, and assigned pay shall only be provided during the period of such assignment as authorized by the Police Chief or his/her designee. E. All Department Standard Operating Procedures relating to canine use, care, maintenance, and other aspects of the program as established by the Police Chief shall apply. F. Effective October 1, 2009 to September 30, 2012, an allowance of $125.00 per month shall be provided to each canine officer for supplemental food, medical grooming, pest control, and related needs associated with care of the canine. Section 10. Court Attendance and Standby Time Any employee who is subpoenaed or otherwise required to appear in county or circuit court as the result of a matter arising out of the course of his/her employrr e nt shall receive payment for the greater of a minimum of three hours or actual time worked if such attendance is during the employee's regularly scheduled time-off. This provision shall also apply when the employee is subpoenaed or otherwise required to appear at the State Attorneys Office, Public Defender's Office, private attorneys office, or Driver License hearing in a criminal, traffic, or civil case arising from the employee's course of employment. When an employee is subpoenaed or otherwise required to appear at the State Attorneys Office at the Police Departnnent during his/her regularly scheduled time-off, he/she will receive payment for the greater of a minimum of two hours or actual time worked. Item # 41 Page39 Attachment number 1 Page 44 of 55 All time paid for any court attendance will count as time worked toward the calculation of overtime. Travel time outside of required scheduled work hours in response to subpoenas in Pinellas, Pasco, or Hillsborough counties is not compensable. Travel time outside of required schedule work hours in response to subpoenas outside of Pinellas, Pasco, or Hillsborough counties will be paid in accordance with FLSA regulations. In all instances of court appearances scheduled less than three hours prior to an employee's tour of duty, the employee will be deemed to have started work at the time indicated on the subpoena and will be paid for all hours worked in excess of eight hours. In all cases, the employee will be responsible to inquire of the department designee betw? 1600 hours of the day preceding and 0700 hours of the date of the scheduled court appearance so as to ascertain the status of the case and receive instructions. An employee will go on standby status as of the date and time required by the subpoena if he/she is subpoenaed to appear in county or circuit court as the result of a matter arising out of the course of his/her employment, provided that this is agreeable to the court and to the attorney requesting his/her presence. An employee on standby under the provisions of this Section will receive straight time pay for each hour spent on standby with a minimum of three hours pay. The three-hour minimum does not apply if prior to the end of the three-hour period 1. The employee reports for duty. Standby pay stops at the time the employee reports for duty. 2. The employee is called by the Court Liaison and told to report to court within the three-hour period or as soon as possible. Court standby pay stops when the employee is notified and court time starts when the employee arrives at court. 3. If the employee is notified to report to court at a future time, the employee receives standby pay for the three-hour minimum or actual time in excess of three (3) hours. Court time starts at the employee's scheduled appearance time (with the exception of being late). Standby time shall be excluded from hours worked computations. Section 11. Line-of-Duty Injury Pay The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, term and conditions: (a) Line-of-Duty Compensation shall be payable under this Section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. (b) An injury shall be deemed to have been incurred in the line of duty if and only if such gLuyis compensable under the Florida Workers' Compensation Law Item # 41 Page40 Attachment number 1 Page 45 of 55 (c) The amount of line-of-duty compensation paid shall be the amount required to supplement funds received from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City either by law or by agreement, to the point where the sum of the line-of-duty compensation supplement herein provided and all other payments herein described equal the employee's regular rate of pay at the time of the injury. Regular rate of pay for wDrkers' compensation purposes is defined as base pay and any assigned pay if regularly assigned but not shift lay. (d) No line-of-duty compensation under this Section shall be alloALd for the first seven (7) calendar days of disability provided hover, that if the injury results in disability of more than t"mty--one (21) calendar days, Ene-of-duty compensation shall be paid from the commencement of the disability. (Changes in wDrkers' compensation law will modify this paragraph accordingly.) (e) The term disability as used in this Section means incapacity because of the line-of-duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury. (f) It is the intent of this Section to provide supplemental compensation for line of duty injuries only, and this Section shall not be construed to provide compensation in the event of death or q ury incurred in any manner other than in the line of duty. Coverage under this Section shall not result in the loss of step increases which the officer would have received had he/she been on active status. Any time taken off for follow-up doctor visits or therapy due to a line-of-duty injury when coordinated through established Risk 1Nlan g ent procedures shall not be charged to the employee's sick leave. In the event of any dispute or disagreement concerning the interpretation of this Section, then the decisions concerning definition of the term of this Section issued under the Florida Workers' Compensation Law shall control. (g) The City will provide Ene-of-duty compensation in the amount necessary to supplement funds received from the Florida Workers' Compensation Law in order to equal the employee's regular rate of pay with no charge to the employee's accrued paid leave when an employee with less than three (3) ears of service is injured on the job to the extent that such employee misses scheduled work time. Such line-of--duty compensation shall be provided for a period not to exceed ninety (90) calendar days during the first year of employment for each specific injury, sixty (60) calendar days during the second year of employment; and thirty (30) calendar days during the third year of employment. Item # 41 Page41 Attachment number 1 Page 46 of 55 (h) Line-of-duty injury pay will be provided from the first day of injury for those defined in (g) above, however the amount paid shall be only that amount required to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plans provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay rate at the time of injury. At such time as the employee receives his/her initial Aurkers' compensation payment, the City shall approximate the differential needed to equal the employee's base pay and shall provide such line-of-duty q ury pay to equal the employee's regular base pay rate at the time of injury. Any adjustment to the City's line-of-duty injury pay under this policy will be made following the employee's return to work or at the expiration of the period for which line-of-duty q try pay is provided (i) Line-of-duty injury pay shall not be provided to any employee after the third year of employment. Following the time limits prescribed for the provision of line-of--duty compensation in paragraph (g) above, employees shall be required to utilized accrued paid leave time to supplement funds received from the Florida Workers Compensation Law in order to maintain a paid status. Employees shall be permitted to utilize accrued paid leave time only in the amount necessary to supplement funds received from the Florida Workers Compensation Law in order to equal the employue's regular rate of pay at the time of the injury. (j) The City shall have the right to require the employue to have a physical examination by a physician of its choice prior to receiving or continuing to receive compensation under this Section (k) Failure to report a line-of-duty injury to the employue's immediate supervisor or to the Risk Management Division within t"mty--four (24) hours of the time of occurrence of the inj ury shall result in a loss of all line-of-duty pay under this Article unless such failure to report was: (1) caused solelyby and as a direct result of the employue's injuries, or (2) resulted from the occurrence of an event over which the employue had no control in the opinion of the City Manager. It shall be the employue's responsibility to prove the injury occurred while on duty. (1) Any provision of this contract to the contrary notwithstanding, should any provision of this contract be inconsistent with the term of the Florida Workers' Compensation Law (Chapter 440, Fla Statutes), the Florida Rules of Workers' Compensation Procedure (Fla R. Work Comp. P), Florida Department of Labor and Division of Workers' Compensation Rule 38 or any other state or federal law or regulation now in force or hereinafter enacted then such provision of this contract shall be null and void and of no legal force or effect. Item # 41 Page42 Attachment number 1 Page 47 of 55 Section 12. Uniform Allowance A. The City shall continue to provide the uniform and equipment currently provided by the City, except that the City may make changes in styles or update equipment. B. Police Officers who work outside the Patrol division and who are not provided the standard issue of uniform or other clothing by the department shall receive a clothing allowance of $900 each year for Fiscal Years 2009/2010, 2010/2011, and 2011/2012. The clothing allowance shall be paid quarterly to the applicable bargaining unit members who are actually assigned and wDrking on the quarterly dates specified in the Depar inent's General Orders. C. The City shall provide each sworn officer with a bulletproof vest, provided that the officer so requests, provided, however, that it shall be just cause for disciplinary action if an officer provided a vest does not wear it while on duty. D. Persons transferred to plain clothes duty shall be permitted to retain at least one uniform. Section 13. Tuition Refund Program Members of the bargaining unit shall be entitled to reimbursement for tuition fees for approved courses in accordance with the CA3/s Tuition Refund Program up to an amount of $1,500 annually for the period from October 1, 2009 through September 30, 2012. ARTICLE 10 INSURANCE The City agrees to meet with the Union and other City of Clearwater union representatives to review the health and life insurance program for the purpose of reducing the cost of such program for the City and the employees. The City further agrees to provide the Union with such information as would be required to formulate such a benefit package and to cooperate with the Union to obtain pertinent information from the present carrier and the insurance consultant. Any information received by either party from the consultant or another carrier will be shared with the other party. The City agrees that for the calendar year occurring within the first year of the agreement, the City shall contribute toward the medical insurance prerriurns for employees and their dependents in the amount approved for the plans approved by the City Commission. The City agrees to maintain the current Benefits Committee recommendation process culminating in final action by the City Commission to determine medical insurance premium for employees and their dependents for the duration of this Agreement. The City further agrees that during the life of the agreement, the City will make available to employees the option of at least one health insurance plan for which the City shall pay 100% of the premium for the employee only base benefit plan cost, it being understood that such base plan may provide a different level of benefit than that which is currently provided. Additional coverage for the family or spouse, as well as any enhancements or "buy ups" to the base plan will continue to be paid for by the employee. Item # 41 Page43 Attachment number 1 Page 48 of 55 The City agrees to continue to pay the premium for group life insurance valued at a minimum of $2,500 per employee. Effective April 1st, 2007, the City shall no longer pemiit any new enrollment in the 1% Life Insurance Program. Bargaining unit employees who are enrolled as of April 1S; 2007 may continue to participate provided they maintain their participation on a continuous basis thereafter. Any employees who currently participate and choose to discontinue their enrollment will not be permitted to re-enroll in this benefit again at a later date. ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1. No employee who has successfully completed his/her initial or extended probationary period shall be demoted, suspended, or dismissed without just cause. New hire employees in the initial probationary period have no right of appeal of disciplinary action under this Agreement. All discipline will be for just cause and consistent with due process. Employees have a right to Union representation at any time a meeting may lead to disciplinary action The City, the Union or the employee may use any Aurk history material as evidence to support or oppose a suspension or dismissal. Section 2. An employee may also be issued a non-disciplinary "Employee Notice" by his/her Division Head Prior to an Employee Notice being placed in an employee's file, the employee will have the right to confer with the Division Head regarding the proposed Employee Notice. The Employee Notice will be retained in the employee's Department file. At the end of twD (2) years, if there is no reoccurrence, the E mployee Notice will not be used for any future disciplinary action The Employee Notice will be maintained and/or removed in accordance with the State of Florida public records laws. Section 3. Perforn-once, behavior management, and disciplinary procedures shall be outlined in the Police Department SOP's and General Orders. The City and Union agree that any system of discipline or perfornmce management should be continually reviewed for its effectiveness and may be modified from time to time to better meet the needs of the City and its employees. Any changes will be consistent with sound personnel practice. The Union will have the opportunity to provide input when changes are being considered by the City. The Unions refusal to participate in meetings or to provide input does not alter the Cites right to change the process. The Police Department and the Union will continue the practice of Labor/Management meetings to resolve these types of issues. Section 4. The City will continue its current practice of allowing the affected employee to give a brief oral statement to an accident review board. Item # 41 Page44 Attachment number 1 Page 49 of 55 ARTICLE 12 DRUG AND ALCOHOL POLICY Section 1. Voluntary use of controlled substances which cause intoxication or impairment on the job poses risks to the employer, the affected employee and coworkers. Section 2. All bargaining unit employees will be fully infornzed of the employer's for cause drug testing policy before testing is administered. Bargaining unit employees will be provided with information concerning the impact of the use of drugs on job perfornonce. Police Captains and other management personnel will be trained to recognize the symptom of drug abuse, impairment and intoxication The City will permit five employees selected by the Union to attend such training class on City time. Section 3. City s Drug and Alcohol Program Policy A. The Cites Drug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government or agencies deem permissible. Union representatives will be furnished with copies of the policies upon such revision Whenever the City or the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed amendments or changes to the other party at least 30 calendar days in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed amendments or changes in accordance with the law and the term of this agreement. B. References to CDL and "safety-sensitive" employees and positions shall not apply to F.O.P. bargaining unit members unless required by law. As such, F.O.P. bargaining unit members shall not be subject to the following provisions of the City Drug and Alcohol Program Policy unless required by law or agreed to by the parties: Section II, B. Section II, C. Section II, E. 2. Section II, E. 4. Section 4. Drug Testing Upon Designated Assignments A. Bargaining unit members shall, when assigned to the Vice & Intelligence Unit, have a drug test administered Additionally, such bargaining unit members shall have an annual drug screening as part of their annual physical When an emplo), e tests positive on the screening test, the sample shall be submitted for a confirmation test. Item # 41 Page45 Attachment number 1 Page 50 of 55 1. The drug screening will be performed utilizing urine samples unless the employee, at his/her option, requests a blood test in lieu of a urine test. 2. Urine and blood samples shall be drawn or collected at a city-designated facility. 3. All testing shall be done by a laboratory certified by NIDA. 4. The standards listed in the City s Anti Drug and Alcohol policies shall be used to determine what levels of detected substances shall be considered as positive. B. Assignment to Vice & Intelligence or removal from same shall be at the sole discretion of the Police Chief, regardless of the drug screening/confirmation findings. C. In the event that a Vice & Intelligence officer is required as a course of his/her employment to imbibe in alcoholic beverages or ingest secondhand marijuana, hashish, crack, cocaine smoke, or smoke from any other controlled substance within 48 hours of a scheduled drug screening test, the test shall be postponed for one meek The officer shall be responsible for advising his/her supervisor of the occurrence of such an incident as soon as practical. ARTICLE 13 RETIREMENT The City and the Union agree that prior to retiring, an employee may use his/her vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee's date of retirement. The employee will be considered a regular employee for service credit to the pension plan The City and the employee will continue to contribute to the pension plan During the period of "retirement advancement" the employee will not be eligible to receive or accrue anybenefits except retirement credit. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers' compensation, allowances, reimbursements, and special payments of any kind ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1. Seniority shall be defined as the length of continuous service in full-time City employment and will continue to accrue during all types of leave of absence with pay and other leaves when specifically provided in this Agreement. Item # 41 Page46 Attachment number 1 Page 51 of 55 Employees shall not accrue seniority while in their initial probationary period After successful completion of the police officer's initial probationary period, seniority will revert to date of employment on a full-time basis as a Police Officer and shall be called Police Officer bargaining unit seniority. It is understood by the parties that for employees hired as Police Recruits prior to October 1, 2003, time spent in the Police Recruit classification shall also count toward bargaining unit and City seniority. After successful completion of the Police Service Technicians initial probationary period, seniority will revert to date of employment on a regular basis as a Police Service Technician. Such seniority shall be called Police Service Technician bargaining unit seniority. Bargaining unit seniority within each of the aforementioned bargaining unit seniority groups shall be utilized within the respective groups to detem-ine vacation, designated Holiday, and floating holiday selection and as a factor should layoffs be required. Notwithstanding the above, the Departmertt shall have the right to temporarily assign Police Service Technicians to work on a shift not consistent with their shift selection where the employee has had specific cross-training and a need for temporary fill-in work in another job area is required (e.g. court liaison). Section 2. No new employees shall be hired in a job classification within the bargaining unit until all employees on layoff in that job classification have been given an opportunity to return to wDrk at their original seniority date and positions; provided that after one (1) year of layoff the employee shall cease to accrue seniority, and that such re-employment rights shall cease after two (2) ears from date of the layoff. Section 3. Officers shall be permitted to bid shift assignments by bargaining unit seniority, but the Department reserves the right to ensure that officers assigned as corporals, officers with specialized skills, or officers in any phase of the FTO program including senior officers transferred from another Division requiring retraining are appropriately deployed among the shifts, and to ensure that Police Officers who are still on probation are distributed relatively evenly among the shifts. The Department reserves the right to designate no more than four team as field training (T TO") team which shall be distributed evenly betw> n the East and West Districts. Bargaining unit members who are selected for FTO assignments shall be pemutted to bid among themselves by bargaining unit seniority for such assignments. Officers on extended leave due to illness or injury shall be required to submit documentation from a medical doctor denoting a specific return to work date within the applicable shift period or shall be excluded from the bid process for such shift period The Chief of Police may reassign any officer when such reassignment is in the best interest of the Police Department. Item # 41 Page47 Attachment number 1 Page 52 of 55 Section 4. An employee shall lose his/her status as an employee and his/her seniority if he/she: (a) resigns or quits; (b) is discharged or terminated (unless reversed through the grievance or arbitration process); (c) retires; (d) does not return to work from layoff within thirty (30) calendar days after being notified to return by certified mail addressed to his/her last address filed with the Human Resources Department except as provided in Section 6 of this Article; (e) has been on layoff for a period of two (2) ears; (f) is absent from w®r1S including the failure to return from leave of absence, vacation or disciplinary action, for three (3) consecutive working days without notifying the Department, except where the failure to notify and work is due to circumstances verified as being beyond the control of the employee and which are acceptable to the City. Section 5. If an employee who has already completed his/her initial probationary period in a satisfactory manner is transferred demoted, or promoted within the City to a position not included in the bargaining unit covered by this Agreement and is thereafter transferred, demoted or promoted again to a position in the same job classification as the job he/she previously held in the bargaining unit, he/she shall not be deemed to have accumulated bargaining unit seniority while working the position not within the bargaining unit. Section 6. Recall from layoff will be made by certified letter to the last address in the employee's record in the Human Resources Department. The employee must, within seven (7) days of the certified receipt date, notify in writing the Human Resources Director and the Police Chief of his/her intention of returning to Aurk Return to Aurk must occur within thirty (30) days of the certified receipt date of the City's notice of recall, except as hereinafter provided. When offered recall, an employee who is temporarily unable to accept due to personal or medical reasons, after notifying the Department of his/her intention of returning, may in the sole discretion of the City be granted if necessary up to sixty (60) days leave of absence without pay but without loss of seniority rights to return to employment. The employee must request such leave of absence and provide the specific reasons therefor. Section 7. Employees who decline recall, or who in the absence of extenuating circumstances acceptable to the City fail to respond as directed within the time limit allowtd, shall be presumed to have resigned and their name shall be removed from the re-employment list. Section 8. Employees who are recalled maybe required to pass the City's standard physical examination for their particular job classification before returning to work If unable to pass said examination, the employee shall not be permitted to return to work Such employee shall be returned to the re-employment list until able to pass the exanmination or until expiration of the eligibility period of the list as provided above. Section 9. Employees who are required to have specific certifications (i.e., State of Florida certification as police officer) or to possess designated licenses (i.e., driver license) in order to perform their jobs must present endeince of such certifications and licenses as a condition of their re- employment and failure to do so shall be cause for denial of their return to work Item # 41 Page48 Attachment number 1 Page 53 of 55 ARTICLE 15 DURATION, MODIFICATION, AND TERMINATION This Agreement shall be effective as of the start of the payroll period that includes October 1, 2009, and shall continue in full force and effect until the thirtieth day of September, 2012. At least one hundred bAunty (120) days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and term of this Agreement for a period of one (1) year, and each year thereafter absent notification IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of , A.D., 2009. ATTEST: Cynthia E. Goudeau, City Clerk Approved as to form and correctness: Pamela K. Akin, City Attorney WITNESSES: CITY OF CLEARWATER, FLORIDA By William B. Horne II, City Manager Countersigned Frank Hibbard, Mayor FLORIDA STATE LODGE OF THE FRATERNAL ORDER OF POLICE OFFICERS BARGAINING UNIT Officer Jonathan Walser, President Clearwater Officers Bargaining Unit By Paul J. Noeske, Staff Representative Florida State Lodge, Fraternal Order of Police Item # 41 Page49 APPENDIX A POLICE SERVICE TECHNICIAN PAY RANGE P-44 Step October, 2009 Biweekly 1 $1,177.15 2 $1,236.01 3 $1,297.81 4 $1,362.70 5 $1,430.84 6 $1,502.38 7 $1,539.94 8 $1,578.44 9 $1,617.90 10 $1,658.34 11 $1,699.80 12 $1,742.30 POLICE SERVICE TECHNICIAN SUPERVISOR PAY RANGE P-50 Step October, 2009 Biweekly 1 $1,349.74 2 $1,417.23 3 $1,488.09 4 $1,562.49 5 $1,640.62 6 $1,722.65 7 $1,765.71 8 $1,809.86 9 $1,855.10 10 $1,901.48 11 $1,949.02 12 $1,997.74 Attachment number 1 Page 54 of 55 Item # 41 APPENDIX A POLICE OFFICER PAY RANGE P-56 Step October, 2009 Biweekly 1 $1,710.43 2 $1,795.95 3 $1,885.74 4 $1,980.03 5 $2,079.03 6 $2,184.28 7 $2,238.89 8 $2,294.86 9 $2,352.24 10 $2,411.04 11 $2,471.32 12 $2,533.10 Attachment number 1 Page 55 of 55 Item # 41 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize the negotiation of a contract with CIGNA HealthCare for medical insurance under a fully insured funding arrangement for the contract period of January 1, 2010, to December 31, 2011, at a total cost not to exceed $16,000,000 dependant on the funding strategy as determined by the City Council. SUMMARY: The contract with the City's current medical insurance provider, CIGNA HealthCare, expires on December 31, 2009. CIGNA presented a renewal offer that was not acceptable to the City and The City's Benefits Committee recommended that the City's Agent of Record the Gehring Group negotiate with the major carriers to achieve a more favorable proposal. Only CIGNA and United Healthcare responded, with Aetna, Blue Cross/Blue Shield, and Humana declining. The final proposal from CIGNA to maintain the plan options currently in effect would result in a 14.7% overall cost increase totaling approximately $2.034 million in additional premiums based on no shift in enrollment. The final proposal from United Healthcare to maintain the plan options currently in effect would result in a 17% overall cost increase totaling approximately $2.355 million in additional premiums based on no shift in enrollment. Both carriers also presented alternate proposals that would result in no increase in premiums for the base plan option currently in effect. After evaluating all proposals, the City Benefits Committee by a vote of 14-1 elected to recommend to City Council that CIGNA HealthCare be retained as the medical insurance provider for 2010, and also recommended that the plans currently in effect be maintained with the increase in cost being shared by the City and employees in accordance with the percentages for City subsidies proscribed by the City's current funding strategy, i.e., 100% for employee-only, 75% for employee plus one, and 68% for employee plus family based on the rates for the base plan option. The Benefits Committee recommendation would result in an increase in cost of approximately $411,000 for employees and $1.623 million for the City based on current enrollment demographics. Staff does not concur with this recommendation. The City recommends retaining CIGNA HealthCare as the medical insurance provider for 2010, but recommends adopting the alternate proposal submitted by CIGNA. This proposal would maintain the current benefit levels for both the City's "buy-up" copay and POS plans, but with increases in premiums, and would also provide for reductions in the schedule of benefits for the base plan option, but with no increase in premiums. The staff recommendation would maintain the City's current funding levels, resulting in an increase in cost of approximately $1.55 million for employees, provided there is no shift in enrollment. For fiscal year 2010, the City has budgeted approximately $10.28 million for approximately 1658 full time positions for the City's share of medical insurance coverage (including EAP and mental health/substance abuse). Based on the Benefit Committee recommendation, the City's estimated share of actual expenses for FY 2010, which covers three months of the current year and nine months of this proposed contract with CIGNA as well as estimated costs for EAP/mental health would be $11.59 million. The difference between budgeted and maximum actual costs, estimated to be $1.31 million, would have to be taken from reservesin the Central Insurance Fund. The CY cost for this scenario would be $15.9 million ($11.9 million city share, $3.3 million employee share, and $700,000 retiree/cobra share). Based on the staff recommendation, the City's estimated share of actual expenses for FY 2010 would be $10.45 million. The difference between budgeted and maximum actual costs, estimated to be $170,000 would also have to be taken from reservesin the Central Insurance Fund. The CY cost for this scenario would be $15.4 million ($10.3 million city share, $4.3 million employee share, and $800,000 retiree/cobra share). Both the Benefits Committee and Staff recommend maintaining the current funding strategy for City contribution to h lth care premiums to represent 100% of the "Base" HMO cost for Employee Only, 75% of the "Base" HMO cost for Emp?oyee plus One, and 68% of the "Base" HMO cost for Employee plus Family, to be applied to the respective tiers in the copay HMPfdV!i plans. The above numbers assume that all positions are filled at all times and that employees select the tier of coverage (employee only, employee + 1, and employee + family) similar to the current year. City share of costs related to the CIGNA contract for coverage for FY 2011 will be budgeted as part of the fiscal year 2011 budget. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk Cover Memo Item # 42 N 'IT it N I N 'IT it N N 'IT it N llio 4 E E 0 =a U ow E , fm E NO I? N 'IT it N N 'IT it N (D 0 N 'IT it N N 'IT it N i N N N 'IT it N i i i ? i i t r. to baud' L ? ' . . . 1 CV) COKO LO CV) CQ ti L Of TM Us TM 46f), -r LL 4%P 4%P d' M CNA _' ELI ?L <40 CO to NO CC) CNN HH1 VA- 1%. WE LLB 401- N d' L 'EA' 'EA' ID CZ) Coco v LO co 64 61)- 64 . N N i I , I i I I 0 I P I 0 I i cm V) C14 Itmm m 00 ti L 'elm 619- TIM VE), r 'W L L I CD CD C4 IRrom - LL (D C4 LL 1 L f I (D a) LLI W L L L 'EA' 'EA' LO co 00 VT TM v Lo co r%_ N 64 a a a N 'IT it N i I II _I I I ' i f m 00 'elm TIM 619- V), - w LLI l? Lo LLI m LO LLf LO m 00 TIM w L (D a) n j ?L LO co 00 VT TM v LO co 64 . N 'IT it y-. N 'IT it N N 'IT it N N 'IT it N N 'IT it N r 1 I 1 0 - LEI LEI CD CD CD 1 LEI CD CD CD L?f Lo 00 co 014 f G Lo 00 ce) LO nj CD co co L L f ?L LO co co WIT TM v Lo co N LO 64 . N 'IT it y-. N 'IT it N 1 e 0 0 d Ed ? I N 'IT it N N 'IT it N d i N 'IT it N City Council Agenda Council Chambers - City Hall Meeting Date: 10/22/2009 SUBJECT / RECOMMENDATION: Approve LAP Agreement Supplement One for the East Avenue Trail Connection, decreasing the total amount to $313,596.00, to reflect the actual bid amount plus additional funding provided by FDOT for CEI and Materials Testing and adopt Resolution 09- 40. SUMMARY: • The new amount of $313,596.00 reflects the bid amount of $289,029.25 rounded off to $289,029.00 plus $20,232.00 (7%) for CEI and $4335.00(1.5%) for materials testing for a grand total of $313,596.00. • This is a supplement to the LAP agreement approved on June 30th, 2009. • The award of bid on this project was September 3rd, 2009 and this supplement is to bring the paperwork into agreement with the bid amount plus additional funding for CEI and Materials Testing. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 43 Attachment number 1 Page 1 of 3 525-010-32 PRODUCTION SUPPORT 02/09 Page 1 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 424399 1 58 01 DUNS NO. SUPPLEMENTAL CONTRACT NO. 80-939-7102 AGREEMENT APK61 The Florida Department of Transportation, District Seven and the City of Clearwater desires to supplement the original Agreement entered into and executed on June 30, 2009 as identified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name East Avenue Trail American Recovery and Reinvestment Plan Protect Length Termini between Drew Street and Turner Street Description of Work: This project entails the construction activities of the East Avenue Trail American Recovery and Reinvestment Plan Project. The project will convert the existing southbound lane of East Avenue to a trail for pedestrians and bicycles between Drew Street and Turner Street. Reason for Supplement: In accordance with the original agreement, the project funding is being reduced as determined by the low bid award amount. Exhibit 1, attached hereto, is modified and supersedes the Exhibit of the original agreement. Item # 43 Attachment number 1 Page 2 of 3 525-010-32 PRODUCTION SUPPORT 02/09 Page 2 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 424399 1 58 01 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 APK61 FUNDING TYPE OF WORK By Fiscal Year (1) PREVIOUS TOTAL PROJECT FUNDS (2) ADDITIONAL PROJECT FUNDS (3) CURRENT TOTAL PROJECT FUNDS (4) TOTAL AGENCY FUNDS (5) TOTAL STATE & FEDERALFUNDS Planning 2007-2008 2008-2009 2009-2010 2010-2011 Total Planning Cost $0.00 $0.00 $0.00 $0.00 $0.00 Project Development & Environment (PD&E) 2007-2008 2008-2009 2009-2010 2010-2011 Total PD&E Cost $0.00 $0.00 $0.00 $0.00 $0.00 Design 2007-2008 2008-2009 2009-2010 2010-2011 Total Design Cost $0.00 $0.00 $0.00 $0.00 $0.00 Right-of-Way 2007-2008 2008-2009 2009-2010 2010-2011 Total Right-of-Way Cost $0.00 $0.00 $0.00 $0.00 $0.00 Construction 2007-2008 2008-2009 $1,392,000.00 ($1,078,404.00) $313,596.00 $313,596.00 2009-2010 2010-2011 Total Construction Cost $1,392,000.00 $1,078,404.00 $313,596.00 $0.00 $313,596.00 Construction Engineering and Inspection (CEI) 2007-2008 2008-2009 2009-2010 2010-2011 Total CEI Cost $0.00 $0.00 $0.00 $0.00 $0.00 Total Construction & CEI Costs $1,392,000.00 $1,078,404.00 $313,596.00 $0.00 $313,596.00 TOTAL COST OF THE PROJECT $1,392,000.00 ($1,078,404.00) $313,596.00 $0.00 $313,596.00 Item # 43 Attachment number 1 Page 3 of 3 525-010-32 PRODUCTION SUPPORT 02/09 Page 3 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 424399 1 58 01 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 APK61 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY CITY OF CLEARWATER By: Name: Frank V. Hibbard Title: Mayor Attest: Name: Title: Date As to form: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Scott W. Collister, P.E., CPCM Title: Director of Transportation Development Attest: Name: Title: Date: As to form: Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. Item # 43 Attachment number 2 Page 1 of 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 08/06 Page 1 of 1 EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction FM#: 424399 1 Amount: $ 313,596.00 - Supplemental Agreement 1 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient. Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. Item # 43 Attachment number 3 Page 1 of 1 RESOLUTION NO. 09-40 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF A LOCAL AGENCY PROGRAM SUPPLEMENT AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF CLEARWATER FOR THE CONSTRUCTION OF THE EAST AVENUE TRAIL IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the DEPARTMENT and the CITY have mutually agreed on a set of plans for the construction of the East Avenue Trail Improvements; and WHEREAS, funding is being provided by the American Recovery and Reinvestment Act of 2009 in the amount of $ 313,596.00; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the LAP Agreement Supplement One between the Florida Department of Transportation and the City of Clearwater and authorizes the execution of the same. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2009. Frank V. Hibbard Mayor Approved as to form: Camilo A. Soto City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution Nteff*43 ?- Meeting Date: 10/22/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Dedicate a 4,313 square foot, more or less, parcel of land lying within Lots 17, 24 and 25 of the plat of PINELLAS GROVES, as recorded in Plat Book 1, Page 55 of Pinellas County Official Records, as public right-of-way, adopt Resolution 09-43 and authorize appropriate officials to execute same. SUMMARY: This right-of-way dedication will facilitate the Morningside Neighborhood Traffic Calming Project and specifically the construction and maintenance of a roundabout proposed at the intersection of Harn and Stewart Boulevards. Section 2.01(d)(5) of the City Charter permits dedication of right-of-way from property with a recreation/open space land use designation without prior approval of voters at referendum. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 44 Attachment number 1 PagC 1 Of 1 i, w Q [ 1 ? II x I GLENMOOR CT Q ¢ Q ..... ¢ z z f 1f r A W ? o Z C f J " f 1 f LL o ST. CHARLES DR ? f f BRENTWOOD DR 9 h 1 1 ? 1 PR OJECT r 2 o ? f .... < c o; I I ``? 0 Q o z r MORNINGSIDE DR y ff 1 ... 2 6..... „ .............. ._. .. .................... . g ? f 1 ..? ?....... ... li ?..? ?.? ._? I f z ? ? ? ......_ .... .. .... .. .... ...-?.. _ _.? m or I w FAIRBANKS DR _ y f v WILLIAMS DR ...... ..i 'r .. _ 1 _'? . ... _e GLENANN DR SUMMERLIN DR - 1 0 Q i ? m U Lu f m ? ?o f ROSETREE CT z - ce _. a f f g f! ! f o Cl Res. 09-43: Morningside Right-of-Way Legend "II Parcel Boundary N earwater Dedication Bldg Footprint Outside CLWTR City limits W E Prepared by: - - - - Clearwater Service Area Engineering Department -, ; Ite m # 44 Geographic Technology Division 100s. Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 Map Gen By: JHH Reviewed By: EB Date: 9/15/2009 Grid #: 309A S-T-R: XX-XXs-XXe Scale: N.T.S. www. MyC learwater. corn Attachment number 2 Page 1 of 2 RESOLUTION 09 - 43 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DEDICATING AS RIGHT OF WAY A 4,313 SQUARE FOOT, MORE OR LESS, PARCEL OF LAND LYING WITHIN LOTS 17, 24 AND 25 OF THE PLAT OF PINELLAS GROVES, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF PINELLAS COUNTY OFFICIAL RECORDS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City holds title to approximately 7.23 acres of real property located at 2400 Harn Boulevard designated as Morningside Recreation Center ("Recreation Center"); and, WHEREAS, the subject parcel, being a portion of the Recreation Center, is required to facilitate construction of a roundabout at Harn Boulevard and Stewart Boulevard in accordance with plans and specifications of the Morningside Neighborhood Traffic Calming Project, Phase II (City Project 07-0038-EN); and, WHEREAS, the Recreation Center parcel is presently identified as Open Space/Recreation (OS/R) on the city's comprehensive land use plan; and, WHEREAS, the City Council desires to officially dedicate the subject parcel as public right-of-way by formal resolution, as permitted in §2.01(d)(5)(v) of the City of Clearwater Code of Ordinances, without prior approval of voters at referendum; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following described property is hereby dedicated as right- of-way for use by the general public and the City of Clearwater generally as their interests may appear: A 4,313.00 square foot parcel of land lying within Lots 17, 24 and 25 of the plat of PINELLAS GROVES, as recorded in Plat Book 1, Page 55 of Pinellas County Official Records, being more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. Section 2. That the City Clerk is hereby directed to record this Resolution in the Public Records of Pinellas County, Florida. Section 3. That this resolution shall take effect immediately upon adoption. Resolution Nl1eff*44 Attachment number 2 Page 2 of 2 PASSED AND ADOPTED this day of Approved as to form: Laura Mahony Assistant City Attorney 2009. Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Resolution No. d # 44 City Council Agenda Council Chambers - City Hall Meeting Date: 10/22/2009 SUBJECT / RECOMMENDATION: Authorize appropriate City of Clearwater officials to sign applications for Florida Department of Transportation permits and adopt Resolution 09-44. SUMMARY: This is an update to the list of City staff authorized to sign applications for Florida Department of Transportation (FDOT) permits. The existing list authorized by Resolution 03-40 is obsolete necessitating this action. The list in Resolution 09-44 includes Engineering Department and Clearwater Gas System staff responsible for projects that may require FDOT permits. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 45 Attachment number 1 Page 1 of 1 CERTIFICATE OF INCUMBENCY AND AUTHORITY I, Frank Hibbard, Mayor of the CITY OF CLEARWATER, do hereby certify that the person(s) whose name, title, position, and signature appear below are duly elected or appointed, qualified , and acting representatives of the CITY OF CLEARWATER, a political subdivision of the State of Florida, and hold, on the date of this Certificate, the offices set beneath their name; that the signature appearing opposite their name is the genuine signature of the representative; that the representative is duly authorized for, and on behalf of the CITY OF CLEARWATER and the Clearwater Gas System (CGS), a department of the CITY OF CLEARWATER, to execute and deliver any application for permits and all instruments between the CITY OF CLEARWATER and the DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, in connection therewith; and the execution and delivery of any such permit, and all instruments in connection therewith, for and on behalf of the CITY OF CLEARWATER, are not prohibited by, or in any manner restricted by, the terms of the CITY OF CLEARWATER'S Certificate of Incorporation, it's bylaws, or of any loan agreement, indenture, or contract to which the CITY OF CLEARWATER is a party or under which it is bound. I do further certify that the foregoing authority shall remain in full force and effect, and said DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, shall be entitled to reply upon same, until written notice of the modification, rescission, or revocation of same, in whole or in part, has been delivered to said DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, but no such modification, rescission, or revocation shall, in any event, be effective with respect to any permit documents executed, or actions taken, in reliance upon the foregoing authority prior to the delivery to said DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, written notice of said modifications, rescission or revocation, the CITY OF CLEARWATER, hereby waives the CITY OF CLEARWATER seal on all permit documents signed by the representative, and agrees to be bound as fully as if the CITY OF CLEARWATER seal were affixed. Attached is a resolution to this effect. Names of Representative/Title(s)/ Positions(s) of Representative Signature of Representative A. Michael D. Quillen, P.E. City Engineer C. D. Scott Rice, P.E., Assistant Engineering Director E. Robert S. Fahey, P.E., Utilities Engineering Manager F. Charles S. Warrington, Jr., P.E., Managing Director, CGS G. Mike Deegan, Gas Program Coordinator H. Keith Downs, Gas Program Coordinator L Brian Langille, P.E. Gas Program Coordinator L Bruce Griffin, Gas Program Coordinator IN WITNESS WHEREOF I have hereunto set my hand and affixed my seal of the CITY OF CLEARWATER this day of 12009. Attest: Cynthia E. Goodeau City Clerk Frank Hibbard Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENTY: Camilo Soto Assistant City Attorney Item # 45 Attachment number 2 Page 1 of 2 RESOLUTION NO. 09-44 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, RESCINDING RESOLUTION 03-40 AND AUTHORIZING CITY OF CLEARWATER OFFICIALS TO SIGN APPLICATIONS FOR FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PERMITS; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary from time to time that officials of the City of Clearwater, primarily from the Engineering Department and the Clearwater Gas System, sign applications for FDOT permits; and WHEREAS, the City had authorized certain officials to sign applications for FDOT permits by Resolution 03-40; and WHEREAS, the City of Clearwater wishes to rescind Resolution 03-40 and designate certain officials of the City of Clearwater as authorized by this Resolution to sign applications for FDOT permits; and WHEREAS, the City of Clearwater waives the placement of the City seal on all documents signed by the undersigned representatives and agrees to be bound as fully as if the City seal were affixed, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Resolution 03-40 is hereby rescinded and the City Council does hereby authorize the following officials to sign applications for FDOT permits on behalf of the City: Michael D. Quillen, P.E., City Engineer D. Scott Rice, P. E., Assistant Director of Engineering Robert S. Fahey, P.E., Utilities Engineering Manager Charles S. Warrington, Jr., P.E., Managing Director, CGS Mike Deegan, Gas Program Coordinator Brian Langille, P.E., Gas Operation Manager Bruce Griffin, Gas Operation Manager Keith Downs, Gas Program Coordinator Resolution No. 09-44 Item # 45 Attachment number 2 Page 2 of 2 Section 2. The City Clerk is hereby directed to forward three certified copies of this resolution to the Florida Department of Transportation, District VII, 11201 North McKinley Drive, Tampa, Florida 33612. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2009. Frank Hibbard Mayor Approved as to form: Cam ilo A. Soto Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution No. 09-44 Item # 45 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Meeting Date: 10/22/2009 Review Approval: 1) Clerk Cover Memo Item # 46 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Attorney Evaluation SUMMARY: Meeting Date: 10/22/2009 Review Approval: 1) Clerk Cover Memo Item # 47 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Evaluation SUMMARY: Meeting Date: 10/22/2009 Review Approval: 1) Clerk Cover Memo Item # 48 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Meeting Date: 10/22/2009 Review Approval: 1) Clerk Cover Memo Item # 49