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03/31/2010 - City Council Agenda Location: Council Chambers - City Hall Date: 3/31/2010- 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 April is Civitan Appreciation Month Proclamation - Richard Fuller, President of the Clearwater Civitan Club Attachments 4.2 April is Water Conservation Month Proclamation - Glenn Daniel, Water, Reclaimed & Wastewater Collection Manager Attachments 4.3 March is National Nutrition Month Proclamation - Member of the Governor's Council for Physical Fitness, Health and Nutrition for the State of Florida Attachments 4.4 Lawn Bowling Tournament Presentation A ttarhmantc 4.5 The City's Assistance New Service Center - HEP - Homeless Emergency Project Attachments 4.6 Updated Determination of Consistency - David Healey, PPC Executive Director and Christopher Mettler, PPC Program Planner Attachments 5. Approval of Minutes 5.1 Approve the minutes of the March 18, 2010 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. Second Readings - Public Hearing 7.1 Adopt Ordinance No. 8148-10 on second reading, annexing certain real property whose post office address is 3043 Cherry Lane, 3031 Virginia Avenue, 3009 Kentucky Avenue, and 225 Bayview Avenue, together with the abutting right of way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 7.2 Adopt Ordinance No. 8154-10 on second reading, annexing certain real property whose post office address is 1836 Beverly Circle North into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 7.3 Adopt Ordinance No. 8155-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1836 Beverly Circle North, upon annexation into the City of Clearwater, as Residential Low (RL). Attachments 7.4 Adopt Ordinance No. 8156-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1836 Beverly Circle North, upon annexation into the City of Clearwater, as Low Density Residential (LDR). Attachments 7.5 Adopt Ordinance No. 8166-10 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2010 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, Airpark Fund, Parking Fund, Administrative Services Fund, and Central Insurance Fund. Attachments 7.6 Adopt Ordinance No. 8167-10 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2010, to reflect a net decrease of $1,381,607. Attachments City Manager Reports 8. Consent Agenda 8.1 Award contracts for the five year period ending April 25, 2015, to Bryant Miller Olive P.A. as bond counsel and Nabors, Giblin and Nickerson, P.A. as disclosure counsel and authorize the appropriate officials to execute same. (consent) Attachments 8.2 Approve $28,245.84 settlement of the liability claim of Mr. and Mrs. Lance Latta and authorize the appropriate officials to execute same. (consent) Attachments 8.3 Approve an Interlocal Agreement with the School Board of Pinellas County to allow the cafe area in the Main Library to be used for on-the-job training for students in Pinellas County Schools' Extended Transition Program, at no cost to the School Board through the end of the 2011-2012 school year and authorize the appropriate officials to execute same. (consent) Attachments 8.4 Approve demolition of a 2,694 square foot masonry structure located at 105 East Avenue North with City Manager flexibility funds not to exceed $11,600. (consent) Attachments 8.5 Approve the submission of a grant application to the Florida Department of Environmental Protection Office of Greenways and Trails (OGT) for a Recreational Trails Program grant in the amount of $200,000 for the construction of trails within the Lake Chautauqua Equestrian and Nature Preserve. (consent) Attachments 8.6 Approve an increase to purchase order BR505766 (Contract) for Liquid Sodium Hypochlorite with Allied Universal Corporation of Miami, FL, in the amount of $92,556.29 for a new total contract value of $214,056.29 and extend end date from April 1, 2010 to September 13, 2010 and authorize the appropriate officials to execute same. (consent) Attachments 8.7 Elect Councilmember Doran to serve as Vice-Mayor. (consent) Attachments 8.8 Appoint to the Municipal Code Enforcement Board: Richard Avichouser with a term to be completed October 31, 2010 and James E. Strickland to a term to be completed October 31, 2012. (consent) B Attachments 8.9 Reappoint Joshua Bornstein as the Clearwater Arts Foundation representative and Alex Plisko, Jr. in the architect category to the Public Art and Design Advisory Board with terms to expire March 31, 2014. (consent) Attachments 8.10 Appoint Councilmembers as representatives on Regional and Miscellaneous Boards. (consent) Attnchmentc 9. Other Items on City Manager Reports 9.1 Accept Sovereignty Submerged Land Lease 520345063 with the Florida Department of Environmental Protection, Bureau of Public Lands for use of state owned land under three boat slips to be used for mooring fire and rescue vessels at 700 Bayway Blvd,authorize the appropriate officials to execute same and adopt Resolution 10-10. Attachments 9.2 Approve an agreement between the City of Clearwater and the Florida Department of Environmental Protection (FDEP) under Florida's Clean Vessel Act Grant Program in the amount of $88,548 for two (2) pumpout systems at the Downtown Boat Slips,authorize the appropriate offcials to execute same and adopt Resolution 10-09. Attachments 9.3 Approve a one-year Aquatic Pool Use Agreement, with automatic one-year renewals upon agreement by both parties, between the City of Clearwater (City) and All Children's Hospital, Inc. (ACH), to partner in providing the Long Center pool facility and its amenities for the purpose of conducting a pediatric aquatic therapy program and authorize the appropriate officials to execute same. (consent) Attachments 9.4 Approve a new Capital Improvement Project 315-93411 entitled, Clearwater Beach Lifeguard Building Renovations, for $455,700, approve funding from unappropriated retained earnings of the parking fund and authorize the appropriate officials to execute same. (consent) Attachments 9.5 Award a contract (Purchase Order) for $364,496.00 to Southern Sewer Equipment Sales of Ft. Pierce, FL for two 2010 International 4300 Cab and Chassis with Tymco Sweeper Bodies 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 9.6 Provide direction regarding the list of projects and the funding strategy for a Performance Contracting Agreement with Honeywell. B Attachments Miscellaneous Reports and Items 10. Closing Comments by Mayor 11. Adjourn City Council Agenda Council Chambers - City Hall Meeting Date:3/31/2010 SUBJECT / RECOMMENDATION: April is Civitan Appreciation Month Proclamation - Richard Fuller, President of the Clearwater Civitan Club SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall Meeting Date:3/31/2010 SUBJECT / RECOMMENDATION: April is Water Conservation Month Proclamation - Glenn Daniel, Water, Reclaimed & Wastewater Collection Manager SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall Meeting Date:3/31/2010 SUBJECT / RECOMMENDATION: March is National Nutrition Month Proclamation - Member of the Governor's Council for Physical Fitness, Health and Nutrition for the State of Florida SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Lawn Bowling Tournament Presentation SUMMARY: Meeting Date:3/31/2010 Review Approval: 1) Clerk Cover Memo Item # 4 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: The City's Assistance New Service Center - HEP - Homeless Emergency Project SUMMARY: Meeting Date:3/31/2010 Review Approval: 1) City Manager 2) Clerk 3) City Manager 4) Clerk Cover Memo Item # 5 City Council Agenda Council Chambers - City Hall Meeting Date:3/31/2010 SUBJECT / RECOMMENDATION: Updated Determination of Consistency - David Healey, PPC Executive Director and Christopher Mettler, PPC Program Planner SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 6 'F 0 RESOLUTION NO. 10-37 AN UPDATED DETERMINATION OF CONSISTENCY FOR THE CITY OF CLEARWATER A RESOLUTION APPROVING AN UPDATED DETERMINATION OF CONSISTENCY FOR CLEARWATER, FLORIDA, IN ACCORDANCE WITH CHAPTER 88-464, LAWS OF FLORIDA, AS AMENDED AND THE RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN, AS AMENDED; PROVIDING FOR TRANSMITTAL OF SAID DETERMINATION; AND PROVIDING FOR THE FILING AND MAINTENANCE THEREOF. WHEREAS, the Pinellas County Board of County Commissioners, in its capacity as the Countywide Planning Authority (CPA) has adopted the Countywide Future Land Use Plan and accompanying Rules Concerning the Administration of the Countywide Future Land Use Plan (Rules); and WHEREAS, the Pinellas County Planning Council (PPC), pursuant to Chapter 88-464, Laws of Florida; as amended is required to develop rules, standards, policies and objectives that will implement the Countywide Future Land Use Plan, including the provisions for consistency therewith; and WHEREAS, pursuant to this authority and the Countywide Future Land Use Plan and Rules, the PPC prepared and approved by Resolution No. 91-2, a report entitled, "The Countywide Consistency Report: Implementing the Consistency Requirements of Chapter 88- 464, Laws of Florida, as amended" (Consistency Report No. 1), which report was accepted by the CPA by Resolution No. 91-307; and WHEREAS, said Consistency Report established the initial process, timetable and guidelines by which to achieve consistency with the Countywide Future Land Use Plan and Rules; and WHEREAS, pursuant to this process to determine and achieve consistency, the PPC by Resolution No. 94-11, and the CPA by Resolution No. 94-212, issued a Determination of Consistency for the City of Clearwater on August 2, 1994; and WHEREAS, given the passage of time and the need to reexamine compliance with the consistency requirements of the Rules, the CPA directed the PPC to examine and identify the current status of each local government. plan and code with respect to consistency with the Countywide Future Land Use Plan and Rules; and WHEREAS, the PPC undertook such examination and prepared a report entitled, "Review of Local Government Future Land Use Plans and Land Development Regulations for Consistency with the Countywide Rules" (Consistency Report No. 2), which report the PPC approved by Resolution No. 07-2; and WHEREAS, the CPA adopted Resolution No. 07-48 on April 3, 2007, approving Consistency Report No. 2; and WHEREAS, pursuant to Consistency Report No. 2, amendments to both the Countywide Rules and the City of Clearwater's Future Land Use Element and Map and Land Development Regulations have been made that address consistency between the local government plan and regulations and the Rules; NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Pinellas County, Florida, in its capacity as the Countywide Planning Authority, that: Section 1. The City of Clearwater's Future Land Use Element and Map and Land Development Regulations pertaining thereto, as referenced in Exhibit A attached hereto and made a part of this Resolution, are hereby determined to be consistent with the- Countywide Future Land Use Plan and Rules in effect on this date. Section 2. An official record copy of this Resolution shall be transmitted by the Board of County Commissioners in its capacity as the CPA, to the elected body and clerk of the City of Clearwater, Florida. Section 3. The PPC shall maintain an official record copy of this Resolution and Exhibits A and B, as well as the Rules in effect on the date of this Resolution. Section 4. The PPC in its advisory capacity to the CPA shall review such future amendments to the City of Clearwater's Future Land Use Element and Map and Land Development Regulations as are governed by the consistency requirements and criteria of the Rules in order to maintain such consistency. Section S. At intervals of five (S) years from the date of this Resolution, the PPC will review the status of the City of Clearwater's Future Land Use Element and Map and pertinent Land Development Regulations in relationship to the Rules and identify any recommended amendments to either the local government plans and regulations or Rules required to maintain the consistency requirements of the Rules. r This Resolution offered and adopted at the February 16, 2010, meeting of the Board, in its capacity as the Countywide Planning Authority, as hereinafter set forth: Commissioner Harris offered the foregoing Resolution and moved its adoption, which was seconded by Commissioner Morroni , and the vote was., AYES: Seel, Latvala, Morroni, Bostock, Brickfield and Harris. NAYS: None. ABSENT AND NOT VOTING: welch. y, EXHIBIT "A" CITY OF CLEARWATER FUTURE LAND USE ELEMENT, MAP AND LAND DEVELOPMENT REGULATIONS l . The Future Land Use Element (including the Future Land Use Map) of the City's Comprehensive Plan, as revised by Ordinance No. 7993-08, which is the basis on which this Determination of Consistency has been prepared and approved, is located in the Pinellas Planning Council (PPC) reference room (600 Cleveland Street, Suite 850, Clearwater, Florida 33755). 2. The City's Land Development Regulations, as revised by Ordinance Nos. 7926-08, 8043-09 and 8070-09, which is the basis on which this Determination of Consistency has been prepared and approved, is located in the PPC reference room (600 Cleveland Street, Suite 850, Clearwater, Florida 33755). City Council Agenda Council Chambers - City Hall Meeting Date:3/31/2010 SUBJECT / RECOMMENDATION: Approve the minutes of the March 18, 2010 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 24 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER March 18, 2010 Present: Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, and Cynthia E. Goudeau - City Clerk. Unapproved To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Church. Invocation - Pastor Bob Brubaker of Christ Community__Erq§byterian 3. Pledge of Allegiance - Mayor Frank ' -r 4. Presentations - Given 4.1 Farewell to Council e r Petersen Councilmember Carlen Petersen was thanked for her service and offered well wishes. 4.2 Oaths of Office administered to Council members City Clerk Cyndie Goudeau administered the Oaths of Office to Councilmembers Bill Jonson and Paul Gibson. The Council recessed from 6:30 p.m. to 6:40 p.m. Council 2010-3-18 Item #17 Attachment number 1 Page 2 of 24 4.3 Service wards Three service awards were presented to city employees. 4.4 National Nutrition Month Proclamation - arch 2010 4.5 Parkinson's Disease Awareness Month Proclamation - arch 2010 5. Approval of Minutes 5.1 Approve th minutes of the arch , 2 1 City Council Meetio_q as submitted i written summation th Cit CI r. Councilmember John Doran moved to approve the minutes of the March 4, 2010 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens Rev. Floyd Irwin asked all to pray for the judicial system as many innocent people are wrongly imprisoned. Newell Phipps expressed concern with low voter turnout for last week's General Election. Eva Knowska expressed concerns with information contained in 2008 documents regarding the Mini Mart on the beach. Margaret Rodriquez requested assistance regarding outdoor noise during late hours at O'Keefe's Restaurant. Mary Morrow suggested the city consider sponsorship opportunities to assist with the budget deficit. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 No Item 7.2 Aoorov Clearwater Co or h nsiv Ian Text Amendments to the five a Council 2010-3-18 Item #27 Attachment number 1 Page 3 of 24 s in the Public cool Facilities Element in response to changes in public school facilities enacted y the Pinellas County cool District, and ass Ordinance 134-1 on first read in .(C A2 -12 1) The Planning Department is recommending amendments to the Clearwater Comprehensive Plan to replace the five adopted maps in the Public School Facilities Element with revised maps which reflect final information regarding school closures, mergers, program changes, and the expansion of existing and the addition of new charter schools as per the Pinellas County School Board's Five-Year Facilities Work Program (a 39-page document) approved on September 15, 2009 and amended on November 10, 2010. The School Board's Level of Service (LOS) Report that included changes to assign charter schools to individual school concurrency service areas was approved on January 12, 2010. The following adopted maps in the Clearwater Comprehensive Plan are being replaced: Map : J-1 Public School Facilities Map : J-2 Public Elementary Schools Map : J-3 Public Middle Schools Map : J-4 Public High Schools Map : J-5 Ancillary Facilities and Land Banked Sites Ordinance 8134-10 and the staff report contain further analysis and information on the proposed amendment. The Community Development Board (CDB) reviewed the proposed amendment at its regularly scheduled meeting on February 16, 2010 and recommended approval. In response to a question, Planning and Development Director Michael Delk said updating maps would require a voter approval if Amendment 4 passes. It was stated the city may be able to group amendments; making the ballot more complex. Vice Mayor Paul Gibson moved to approve Clearwater Comprehensive Plan Text Amendments to the five adopted maps in the Public School Facilities Element in response to changes in public school facilities enacted by the Pinellas County School District. The motion was duly seconded and carried unanimously. Ordinance 8134-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8134-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": None. Council 2010-3-18 Item #37 Attachment number 1 Page 4 of 24 7.3 oorov the Annexation. Initial Land Use Ian si nation of Residential Low and Initial Zoninq Atlas Designation of Low Density Residential (LDR) Dist ict for 1836 Beverly Circle North (Lot 119 lock C9 adow Creek in Section 2, Township 2 outh, anq 1 ast?; and ass Ordinances 154-1 155-1 and 1 -1 on first r ain . (A X -12 16) This voluntary annexation petition involves a 0.25-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Beverly Circle North, approximately 85 feet west of Brookside Drive and 555 feet east of Keene Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing City boundaries to the south, east and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Density Residential (LDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent Beverly Circle North right-of-way and the applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District 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. Council 2010-3-18 Item #47 Attachment number 1 Page 5 of 24 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 Density Residential (LDR) District. The use of the subject property is consistent with the uses allowed in the District and it meets the District's minimum dimensions through the Flexible Standard 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, east and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember John Doran moved to approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 1836 Beverly Circle North (Lot 11, Block C, Meadow Creek in Section 24, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8154-10 was presented and read by title only. Councilmember George Cretekos moved to pass Ordinance 8154-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": None. Ordinance 8155-10 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8155-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": None. Council 2010-3-18 Item #57 Attachment number 1 Page 6 of 24 Ordinance 8156-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8156-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": None. Agenda Items 7.4 and 8.1 were presented together. The subject property was previously developed with mobile home parks (all 295 mobile homes and common facilities have been removed or demolished). The subject property is proposed to be redeveloped with two parcels. The northern parcel (Parcel 1) comprises 11.637 acres, while the southern parcel (Parcel 2) comprises 18.435 acres. There is a companion application to amend the land use plan category for the northern portion of the subject property (Parcel 1) from Residential Low Medium (RLM) category to Residential/Off ice/Retail (R/O/R) category, and rezoning this area from Mobile Home Park (MHP) District to Commercial (C) District; and amending the land use plan category the southern portion of the subject property (Parcel 2) from Residential Low Medium (RLM) category to Residential Medium (RM) category, and rezoning this area from Mobile Home Park (MHP) District to Medium Density Residential (MDR) District (LUZ2009-12003). The proposed Residential/Office/Retail (R/O/R) land use plan category for the northern portion of the subject property permits a maximum floor area ratio (FAR) of 0.40. The proposed Residential Medium (RM) land use plan category for the southern portion of the subject property permits a maximum density of 15 dwelling units per acre. The purpose of this Development Agreement is to restrict the development potential on both the northern and southern parcels to less than the maximums allowable. Council 2010-3-18 Item #6 Attachment number 1 Page 7 of 24 Parcel 1 (northern portion), based on the proposed lot area (11.637 acres) and the maximum FAR, could be developed with a maximum of 202,756 square feet of nonresidential floor area. The Development Agreement proposes a maximum of 90,000 square feet of retail sales and restaurant development floor area at a FAR of 0.178. It is noted that the Development Agreement permits a larger amount of nonresidential floor area (90,000 square feet) than that actually proposed under the companion Flexible Development application (FLD2009- 12046; 82,999 square feet), which gives some flexibility for future amendments to the Flexible Development application without needing to amend the Development Agreement. Parcel 2 (southern portion), based on the proposed lot area (18.435 acres) and the maximum density, could be developed with a maximum of 276 dwelling units. The Development Agreement proposes a maximum of 243 dwelling units at a density of 13.181 dwelling units per acre. On February 16, 2010, the Community Development Board (CDB) approved with 23 conditions of approval a Flexible Development application to permit 70,212 square feet of Retail Sales and Services uses and 12,787 square feet of Restaurant uses (total commercial floor area of 82,999 square feet) in the proposed Commercial (C) District for Parcel 1 (FLD2009-12046). On February 16, 2010, the Community Development Board (CDB) approved with 24 conditions of approval a Flexible Development application to permit 243 Attached Dwellings in the proposed Medium Density Residential (MDR) District for Parcel 2 (FLD2009-12045). The proposal is in compliance with the standards for development agreements and is consistent with the Comprehensive Plan. The proposed Development Agreement will be in effect for a period not to exceed five (10) years and includes the following main provisions: Is not effective until final approval and effectiveness of the amendment of the land use plan categories and rezonings under LUZ2009-12003; Sets out the Developer's transportation obligations, including: Dedication of approximately 0.09 acre of right-of-way for an eastbound right turn only lane on S.R. 60; Construction of the Parcel 1 project driveway located on S.R. 60 across from South Main Avenue with right turn in, right turn out, and left turn in only movements; Installation of a directional median separator on S.R. 60 between South Main Council 2010-3-18 Item #7 Attachment number 1 Page 8 of 24 Avenue and the Parcel 1 project driveway such as to prohibit left turns exiting Parcel 1 and left turns exiting South Main Avenue; Construction of left turn modifications to the median of S.R. 60 located between South Main Avenue and Belcher Road; Construction of a southbound right turn only lane on Belcher Road between S.R. 60 and the Parcel 1 project entrance; Installation of a new mast arm traffic signal on Belcher Road at the Parcel project entrance with pedestrian signals at all four legs of the intersection; Granting of an easement, in favor of the City, for the purpose of installation and maintenance of signal control equipment to be located at the southwest corner of the intersection of Belcher Road and the project drive/Publix entrance; and Construction of three Parcel 2 project entrance driveways on Druid Road. Acknowledges that Parcel 1 and Parcel 2 are independent building sites subject to access easements, allowing for separate ownership of Parcels 1 and 2; Provides for the subdivision of Parcel 1 to allow for separate ownership of individual commercial buildings without the need to amend the site plan under FLD2009-12046; and Provides for Parcel 1 to be considered as one parcel for purposes of signage, which may be permitted through a Comprehensive Sign Program. The Community Development Board reviewed and recommended approval of this Development Agreement application at its public hearing on February 16, 2010 (DVA2009-00005). In response to questions, Traffic Operations Manager Paul Bertels said it was good engineering to spread traffic load. If the left-turn lane on Gulf to Bay Boulevard becomes a problem, the Florida Department of Transportation (FDOT) can close it. Mr. Bertels said FDOT staff is willing to make the right-turn lane from Gulf to Bay onto Belcher Road. Mayor Frank Hibbard said he contacted the CVS corporate office regarding providing an easement for the mast arm. Mr. Bertels said signal density standards have changed, making it difficult to remove signals now. FDOT will not approve a signal at Main Street and Gulf to Bay Boulevard because it will be too close to the Belcher Road and Gulf to Bay Boulevard signal. The development will not make traffic better or worse on Druid Road. The Druid Road Trail Council 2010-3-18 Item #7 Attachment number 1 Page 9 of 24 includes turn lane improvements. Applicant Representative Ed Armstrong presented Consultants Cyndi Tarapani and Ward Chapman to address traffic concerns. Ms. Tarapani said the applicant limited the development allowed on the property through the Development Agreement. The commercial category extends further than the request. Relocating the pond will realign the entrance. The residential site will be 2/3 of the site and all 3 driveways into the site will be gated. Public services are available to the site. The project is committed to traffic improvements and is consistent with the city's comprehensive plan. Mr. Chapman reviewed the access parameters. Those who have access to Druid Road will reside in the apartments. Commercial-retail access will be from the apartments on Gulf to Bay Boulevard. The traffic study used a more intense development than the one proposed. Mr. Armstrong provided red-lined copy of changes to the Development Agreement to Councilmembers. In regards to the letter received by staff from the attorney representing the Publix site, Mr. Armstrong said there is no factual basis for the claim. In response to questions, Mr. Chapman said the traffic projection model did not change for school crossings. The bus stop on Belcher Road will remain where it is and the one on Gulf to Bay Boulevard will move to the east. The Council recessed from 7:55 p.m. to 8:01 p.m. Three individuals spoke in opposition. In response to a question, Engineering Director Mike Quillen said staff was unaware of flooding issues on Druid Road. Staff was directed to address any flooding issues. In response to questions, Planning Director Michael Delk said the DVA limits the project to fewer units and commercial space than allowed by code. The green open space is established as a park and cannot be developed without amending the Development Agreement. Mr. Armstrong said there is no pending litigation between former tenants and owner, but one between the owner and former attorney. Council 2010-3-18 Item #97 Attachment number 1 Page 10 of 24 Discussion ensued with concerns expressed regarding traffic. It was requested that the applicant clean up the site. Mr. Armstrong said trash on site was addressed today. Councilmember John Doran moved to approve a Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater for property located at 2165 Gulf to Bay Boulevard (consisting of metes and bounds 41/03, 41/02 and 41/01, lying in a portion of the northeast of the southeast of Section 13, Township 29 South, Range 15 East) as per Community Development Code Section 4-606. The motion was duly seconded and carried unanimously. Resolution 10-03 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Resolution 10-03. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": None. 8. Quasi-judicial Public Hearings 8.1 Approve a Future Land Use Plan Amendment from the Residential Low Medium (RLM) Classification to the Residential/Office/Retail ((R/O/R) and Residential Medium (RM) Classifications and a Zoning Atlas Amendment from the Mobile Home Park (MHP) District to the Commercial (C) and Medium Density Residential (MDR) Districts for property located at 2165 Gulf to Bay Boulevard (consisting of metes and bounds 41/03, 41/02 and 41/01, lying in a portion of the northeast of the southeast of Section 13, Township 29 South, Range 15 East): and Pass Ordinances 8143-10 and 8144-10 on first read ina. (LUZ2009-12003) This Future Land Use Plan amendment application involves property comprising approximately 30.07 acres in area located at the southwest corner of Gulf to Bay Boulevard and Belcher Road. This property, formerly known as the Lakeside Mobile Home Park, has a Future Land Use Plan classification of Residential Low Medium (RLM) and a zoning designation of Mobile Home Park (MHP). The applicant is requesting to amend the Future Land Use Plan classification of the northern 11.637 acres of the site (proposed Parcel 1) to the Residential/Office/Retail (R/O/R) classification and to rezone it to the Commercial (C) District and to amend the southern 18.435 acres (proposed Parcel 2) to the Residential Medium (RM) classification and to rezone it to the Medium Density Residential (MDR) District in order to redevelop the property with commercial uses on Parcel 1 and attached dwellings on Parcel 1. Council 2010-3-18 Item 4(F Attachment number 1 Page 11 of 24 The applicant has submitted a Development Agreement application in conjunction with this proposed land use plan amendment and rezoning which will limit the development potential of Parcel 1 to 90,000 square feet of commercial uses where 202,263 square feet could be permitted and to 243 attached dwelling units on Parcel 2 where 276 units could be permitted. The agreement also obligates the developer to implement certain transportation improvements and would be in effect for 10 years. The Planning Department determined that the proposed future land use plan amendment and rezoning amendment, as recommended, are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment is consistent with the Comprehensive Plan and the Countywide Rules. The proposed uses are compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. Please refer to the land use plan amendment and rezoning (LUZ2009-12003) staff report for the complete analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and approval by the Florida Department of Community Affairs is required. The Community Development Board reviewed this application at its public hearing on February 15, 2010 and unanimously recommended approval of the Future Land Use Plan amendment. See Item 7.4 for discussion. Vice Mayor Paul Gibson moved to approve a Future Land Use Plan Amendment from the Residential Low Medium (RLM) Classification to the Residential/Office/Retail ((R/O/R) and Residential Medium (RM) Classifications and a Zoning Atlas Amendment from the Mobile Home Park (MHP) District to the Commercial (C) and Medium Density Residential (MDR) Districts for property located at 2165 Gulf to Bay Boulevard (consisting of metes and bounds 41/03, 41/02 and 41/01, lying in a portion of the northeast of the southeast of Section 13, Township 29 South, Range 15 East); and Pass Ordinances 8143-10 and 8144-10 on first reading. (LUZ2009-12003) The motion was duly seconded and carried unanimously. Council 2010-3-18 Item 417 Attachment number 1 Page 12 of 24 Ordinance 8143-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8143-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": None. Ordinance 8144-10 was presented and read by title only. Councilmember John Doran moved to pass Ordinance 8144-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": None. The voluntary annexation petition involves 0.86 acres consisting of four of the 28 parcels of land and 0.20 acres of abutting right-of-way. Three of the four parcels being annexed are vacant and one is occupied by a detached dwelling. Each parcel is contiguous on at least one side to existing City boundaries. All 28 parcels have a Future Land Use Plan designation of Residential Urban (RU) with either Pinellas County zoning designations of R-2 and R-3 Districts (single family residential) or City zoning of Low Medium Density Residential (LMDR). A Future Land Use Plan designation of Institutional (1) and zoning category of Institutional (1) are being proposed on all 28 parcels (5.21 acres). The applicant is requesting to amend the Future Land Use classification in order to consolidate the church's holdings into the appropriate land use category and zoning district. Council 2010-3-18 Item 427 Attachment number 1 Page 13 of 24 The Planning Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: Three of the four parcels being annexed with addresses 3043 Cherry Lane, 3031 Virginia Avenue and 3009 Kentucky Avenue are currently vacant. There is currently City water service to all four parcels being annexed except 3031 Virginia Avenue (vacant - no services). None of these four parcels are currently on City sanitary sewer. Sanitary sewer is available to 3043 Cherry Lane, 3031 Virginia Avenue and 225 Bayview Avenue. If the proposed project necessitates infrastructure modifications to satisfy site- specific utility capacity requirements, the applicant will be required to complete them at their expense. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. 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 objectives and policies of the Clearwater Comprehensive Plan: Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules. Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. 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 Council 2010-3-18 Item 437 Attachment number 1 Page 14 of 24 residential properties upon request. Each parcel is contiguous on at least one side to existing City boundaries, represents a logical extension of the boundaries and does not create an enclave; therefore the annexation is consistent with Florida Statutes Chapter 171.044. The Planning Department has determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning applications are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. Please refer to the land use plan and rezoning (LUZ2009-12004) report for the complete staff analysis. In accordance with the Countywide Plan Rules, the Future Land Use Plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the density of the category requested, review and approval by the Florida Department of Community Affairs is also required. The Community Development Board will review the Future Land Use Plan amendment and rezoning applications at its public hearing on March 16, 2010 and staff will verbally present the recommendation by the Board at the City Council meeting on March 18, 2010. Mayor Frank Hibbard said he is a member of the Church. The City Attorney stated that the Mayor does not need to recuse himself. Councilmember George N. Cretekos moved to approve the Annexation, Land Use Plan Amendment from Residential Urban (RU) (City and County) to Institutional (1), and Zoning Atlas Amendment from R-2 and R-3 (County) and from Low Medium Density Residential (LMDR) (City) to Institutional (1) for 28 parcels of land located generally southwest of Drew Street and McMullen Booth Road. The motion was duly seconded and carried unanimously. Council 2010-3-18 Item 447 Attachment number 1 Page 15 of 24 Ordinance 8148-10 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8148-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": None. Ordinance 8151-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8151-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": None. Ordinance 8152-10 was presented and read by title only. Councilmember John Doran moved to pass Ordinance 8152-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": None. 9. ConsentA_qenda 9.1 Authorize a 30-year, three percent, $545,000 loan, with a five-year deferment, to Pine Berry Senior Limited Partnership, to acquire and develop real property located at 1225 Highland Avenue, Clearwater, Florida, as affordable rental housing for seniors, enter into a mortgage and authorize the appropriate officials to execute same. (consent) 9.2 Appoint the Audit Committee: Laura Mahoney, Robin Gomez, and Clem Vericker as city staff representatives, John Doran as Councilmember representative and Herbert McLachlan as citizen representative, for five year terms in compliance with Section 218.391, Florida Statutes. (consent) 9.3 Approve payment in an amount not to exceed $35,000, for resolution of City claim 10000004, and authorize the appropriate officials to execute same. (consent) 9.4 Award a contract(purchase order)to Wastequip Industrial for an amount not to exceed $ 250,000 for the purchase of compactors, compactor parts, and roll-off containers, for the period March 19, 2010 through December 31, 2011, being the Council 2010-3-18 Item 457 Attachment number 1 Page 16 of 24 lowest bid received in accordance with specifications and authorize the appropriate officials to execute the same. (consent) 9.5 Award a contract (blanket purchase order) to Pinellas County Solid Waste in the amount of $180,000 for the disposal of solid waste at the Pinellas County waste to energy plant/landfill for the period April 1, 2010 through April 30, 2011 as provided in the City's Code of Ordinances, Section 2.564 (1)(d), Services Provided by Other Governmental Entities, and authorize the appropriate officials to execute the same. (consent) 9.6 Accept a Water Main and Utilities Easement 10 feet in width over, under, across and through a portion of the Southeast 1/4 of Section 29, Township 28 South, Range 16 East, Pinellas County, Florida, conveyed by the School Board of Pinellas County, Florida, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 9.7 Award a contract for the Morningside Neighborhood Traffic Calming protect (07- 0008-EN) to R.A.M. Excavating, Inc., of Palm Harbor, Florida, in the amount of $1,399,790.70, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. consent 9.8 Grant and convey to Florida Power Corporation doing business as Progress Energy Florida, Inc., a Florida corporation, a distribution easement over, across and through the South 10 feet of Lot 4, SPENCER HEIGHTS, in consideration of the mutual benefits, covenants and conditions contained therein, and authorize appropriate officials to execute same. (consent) 9.9 Approve the Jones Edmunds and Associates, Inc. (Jones Edmunds) supplemental work order in the amount of $25,550 for additional engineering design services for Pump Station Replacement at Marshall Street Advanced Pollution Control Facility (APCF) (09-0028-UT)and authorize the appropriate officials to execute same. (consent) 9.10 rov a work order with PBS and J Inc. of Ta a, an ngin r of cord, for for wat r and Solid ast p r ittin services for the Sherwood Yard acilit in the amount of 111=,595.06 and authorize the appropriate officials to execute same. (consent) See below. 9.11 Approve a Traffic Enforcement Agreement between Spring Lake of Clearwater Homeowner's Association and the City of Clearwater and authorize the appropriate officials to execute same. (consent) Councilmember George N. Cretekos moved to approve the Consent Agenda as submitted, less Item 9.10, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9.10 Aoorov a work order with PBS and J Inc. of Ta oa. an n in r of cord. for Council 2010-3-18 Item 46, Attachment number 1 Page 17 of 24 for wat r and Solid Waste permitting services for the Sherwood Yard acHit in the amount of $111,595.0 6 and authorize the appropriate officials to execute same. (consent) Sherwood Yard is the City's existing Public Services and Public Utilities waste transfer facility that is bordered by the Clearwater Airpark on the west, Arcturas Ave on the east and the Public Service/Public Utilities on the north. The facility currently accepts waste from the Public Services and Public Utilities operations to be stored before transfer to the proper disposal site along with providing a self contained wash area for the vehicles used in these operations. The primary purpose of this project is to meet all of the state's current standards and regulations, resulting in a more efficient and environmental friendly facility. Sufficient budget and revenue is available in Capital Improvement Program project 0315-96158, Transfer Yard Upgrade to fund this Work Order. In response to questions, Engineering Director Mike Quillen said the State upgraded their rules for a solid waste transfer facility. The work order is for design and permitting. The city has 3 different permit requests. Public Services Director Gary Johnson said this is additional work to answer the Department of Environmental Protection's request for additional information, estimated at $1.2 million. Staff was directed to provide an Executive Summary for the Mayor to discuss with legislators. Councilmember George N. Cretekos moved to approve Item 9.10 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Council 2010-3-18 Item 47 Attachment number 1 Page 18 of 24 those for floodplain management. Most of the burden of recovering from a disaster falls squarely on the shoulders of local government. A major disaster can bring extraordinary hardship to citizens, devastate the economic base and diminish its quality of life for years to come. If hardships seen in other parts of the country can be avoided by making smarter decisions before the disaster, the best interest of our citizens, businesses and communities will be served. The purpose of the local mitigation strategy is to develop a "blueprint" or guide intended to provide a unified and consistent course of action needed to eliminate or reduce the impact of disasters that threaten Pinellas county and its municipalities. Included in this strategy is a list of projects that would improve our chance of survival. City of Clearwater project include: Hardened mainland fire stations Purchase 2000Kw trailer mounted backup generator for water pollution control plants Construct an emergency operations center at Fire 48 training complex Provide shutters and door coverings for Public Works Complex buildings Purchase mobile antenna for citywide telemetry system Provide seven backup generators for Northeast Plant Hardened windows and doors, increase roof attachments, install generator at Countryside Recreation Center Approving the plan and adopting the Resolution does not commit the City to fund the projects. Vice Mayor Paul Gibson moved to approve the Local Mitigation Strategy developed for Pinellas County, recommend adoption by the Pinellas County Board of County Commissioners. The motion was duly seconded and carried unanimously. Resolution 10-07 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 10-07. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": None. 10.2 Dedicate as_ulic right-of-way, a City-owned pare I of land lying and being situate in a portion of LLOYD-WHITE-SKINNER SUBDIVISION,_ containing 12,600 Council 2010-3-18 Item 47 Attachment number 1 Page 19 of 24 suar f t, or or I ss, to known as Second tr t, adopt solution 10-08 an authorize aproriat officials to execute same. On March 3, 2005 the City entered into a development agreement with K and P Clearwater Estate, LLP for the Kiran Grand Resort and Spa. A Contract for Exchange of Real Property, attached to the Development Agreement, required the developer to convey land in Lloyd-White-Skinner Subdivision to the City. In exchange the City vacated certain rights-of-way, including First Street between S. Gulfview Boulevard and Coronado Drive. The Contract was subsequently amended and restated on March 22, 2006, including adding a requirement the developer allocate a minimum of $241,500 for constructing the Relocated First Street upon the lands it would convey. On March 30, 2006 the developer did convey title in and to the required lands by Warranty Deed as recorded in O. R. Book 15085, Page 2109, public records of Pinellas County, Florida. Prior to opening of the Hyatt Regency Resort the relocated 3-lane travelway was constructed and operational. Other than the City funding installation of public utilities, the roadway was built with private funding pursuant to the Contract. Adoption of Resolution 10-08 will formally establish public right-of-way relocated First Street, now to be known as Second Street, between South Gulfview Boulevard and Coronado Drive. Councilmember John Doran moved to dedicate as public right-of-way, a City-owned parcel of land lying and being situate in a portion of LLOYD-WHITE-SKINNER SUBDIVISION, containing 12,600 square feet, more or less, to be known as Second Street. The motion was duly seconded and carried unanimously. Resolution 10-08 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Resolution 10-08. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": None. Attachment number 1 Page 20 of 24 The Risk Management Division of the Finance Department has requested Arthur J. Gallagher and Co. - (Florida) to obtain quotes for the property insurance program expiring April 1, 2010. Risk Management is recommending a $60M limit and a $30M Flood limit at an annual premium of approximately $2,261,815. Additionally, it is recommending the City renew its Equipment Breakdown policy with Travelers at a premium of $11,489. This insurance coverage as recommended has several enhancements to last year's program. The Property limit has been increased to $60M from $50M. The Flood sub-limit has been increased to $30M from $20M. The self-insured retention (except for named storms) has decreased from $300K per occurrence to $100K per occurrence. The named storm self-insured retention remains at 5 percent with a minimum self-insured retention of $500K.The primary layer of insurance has remained with the same carriers. Some of the carriers in subsequent layers have changed. Several other options of coverage were offered, including: A limit of $50M/$20M Flood sublimit $2,123,701 (expiring limits) A limit of $50M/$30M Flood sublimit $2,159,261 A limit of $60M/$20M Flood sublimit $2,226,259 Risk Management believes that should the coverage as recommended be placed, the City's property risks are covered at levels and rates which, when taken together as a whole, represent a reasonable insurance program for the City. In response to questions, Risk Manager Sharon Walton said estimated savings at $323,000 if the 60-30 level is purchased. Staff recommends Council set the maximum dollar figure and staff will work to that amount. Ms. Walton said the Downtown Boat Slips are covered by the insurance. Arthur J. Ghallagher Representative Greg Butterfield said Council needs to determine how much insurance the city is willing to buy. Last year the city spent $2 million for $30,000 in coverage. Mr. Butterfield estimated a $1.93 million premium for $40 million in coverage. In response to a question, Ms. Walton said there is 5% left over from last year because the city had a good EMS renewal. Vice Mayor Paul Gibson moved to approve the purchase of property and equipment breakdown insurance from April 1, 2010 through April 1, 2011, at the level of insurance purchased this year less 12% and authorize the appropriate officials to execute same. Council 2010-3-18 Item 9(F Attachment number 1 Page 21 of 24 The motion was duly seconded and carried unanimously. 10.4 Direct staff to rocee with steps necessary to reds in full City of CI a at r, Florida, Improvement v nu Refunding Bonds, Series 2 1 on FebruaEy 1, 2011 and to transfer $7,570,000 of unr stricte reserves fro the Special Development Fund and $2,970,000 from the Central Insurance Fund to the General Fund for transfer to the t service fund to used to redeem all The scheduled final maturity date of the 2001 bonds is February 1, 2026 and, if not called via an early redemption, will require an average annual General Fund budget for debt service (principal and interest) in excess of $775,000 each fiscal year through fiscal 2025, a commitment totaling nearly $11.9 million. The interest rates of the bonds maturing in 2012 through 2026 range from 4.1 % to 5.25%. Calling these bonds early will save the General Fund $3.7 million in interest expense over the fifteen year period. The total cash required on February 1, 2011 will be approximately $8,831,000 ($8,540,000 principal, $209,000 interest, and $82,000 call premium) and includes the scheduled principal and interest payment on that date of $579,054. Cash that will be available in the debt service fund is estimated to be approximately $1,261,000. The remaining balance of cash needed in the amount of $7.57 million is available in the Special Development Fund unrestricted reserves ($4,600,000) and the Central Insurance Fund unrestricted reserves ($2,970,000). Any funds remaining after redeeming the bonds will be returned to the General Fund. There are sufficient Special Development Fund unrestricted reserves and Central Insurance fund unrestricted reserves available and they are an appropriate funding source for the debt redemption and are not restricted in anyway. The cash projection for this presentation is based on the assumption that if Council approves this recommendation the $775,000 +/- debt service requirement will be eliminated effective with the Fiscal 2011 General Fund budget. Councilmember Bill Jonson moved to direct staff to proceed with steps necessary to redeem in full City of Clearwater, Florida, Improvement Revenue Refunding Bonds, Series 2001 on February 1, 2011 and to transfer $7,570,000 of unrestricted reserves ($4,600,000 from the Special Development Fund and $2,970,000 from the Central Insurance Fund) to the General Fund for transfer to the debt service fund to be used to Council 2010-3-18 Item 917 Attachment number 1 Page 22 of 24 redeem all outstanding principal of these bonds on February 1, 2011. The motion was duly seconded and carried unanimously. Councilmember John Doran moved to amend the City's fiscal year 2009/10 Operating and Capital Improvement Budgets at First Quarter. The motion was duly seconded and carried unanimously. Ordinance 8166-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8166-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": None. Ordinance 8167-10 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8167-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": None. Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 O'Keefe's Restaurant It was stated that the city has required O'Keefe's to abide by the Special Events process. Council 2010-3-18 Item 927 Attachment number 1 Page 23 of 24 Staff was directed to meet with O'Keefe's and assure compliance with noise ordinance and Special Events process. 12. Council Discussion Items 12.1 solution to Amend Council Rules It was questioned why the rule change is needed. It was stated that Councilmembers may agenda items via the City Manager or make a motion at Work Session. Mayor Hibbard requested that items for closing comments be provided prior to the meeting. Councilmember George N. Cretekos moved to amend Council Rules to have Council Discussion Items at Work Session only; Other Council Action if agendaed from Work Session, and Closing Comments by Mayor. The motion was duly seconded and upon the vote being taken: Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember "Ayes": George N. Cretekos, and Councilmember John Doran. "Nays": Councilmember Bill Jonson. Motion carried. Vice Mayor Paul Gibson moved to amend the change to Rule 7(B) to require a majority vote rather than a 4/5 vote. The motion was duly seconded and the motion carried unanimously. Resolution 10-11 was presented, as amended, and read by title only. Councilmember John Doran moved to adopt Resolution 10-11, as amended. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, and Councilmember John Doran. "Nays": Councilmember Bill Jonson. Council 2010-3-18 Item 937 Attachment number 1 Page 24 of 24 Motion carried. 13. Other Council Action 13.1 Other Council Action Mayor Frank Hibbard congratulated Vice Mayor Paul Gibson and Councilmember Bill Jonson for their election and reviewed upcoming events. r The meeting was adjourned at 9:30 p.m. Mayor City of Clearwater Attest City Clerk Council 2010-3-18 Item 947 ?- Meeting Date:3/31/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8148-10 on second reading, annexing certain real property whose post office address is 3043 Cherry Lane, 3031 Virginia Avenue, 3009 Kentucky Avenue, and 225 Bayview Avenue, together with the abutting right of way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8148-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED SOUTH OF FIRST BAPTIST CHURCH OF CLEARWATER, INC. A/K/A CALVARY BAPTIST, 110 MCMULLEN BOOTH ROAD, STARTING AT APPROXIMATELY 950 FEET SOUTH OF DREW STREET, AND WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF A PORTION OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, INCLUDING LOT 3, BLOCK 2, LOT 3 AND A PORTION OF LOT 4, BLOCK 4, AND LOTS 11 AND 12, BLOCK 4, BAY VIEW CITY SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3043 CHERRY LANE, 3031 VIRGINIA AVENUE, 3009 KENTUCKY AVENUE AND 225 BAYVIEW AVENUE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, 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: Legal description attached. (ANX2009-12017) 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. Item # 8 Ordinance No. 8148-10 Attachment number 1 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No.4flU 0' ?- Meeting Date:3/31/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8154-10 on second reading, annexing certain real property whose post office address is 1836 Beverly Circle North into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8154-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF BEVERLY CIRCLE NORTH APPROXIMATELY 85 FEET WEST OF BROOKSIDE ROAD AND 555 FEET EAST OF KEENE ROAD, CONSISTING OF LOT 11, BLOCK C, MEADOW CREEK, WHOSE POST OFFICE ADDRESS IS 1836 BEVERLY CIRCLE NORTH, 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 11, Block C, Meadow Creek, according to plat thereof recorded in Plat Book 36, Page 26, Public Records of Pinellas County, Florida. (ANX2009-12016) 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 # 9 Ordinance No. 8154-10 ?- Meeting Date:3/31/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8155-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1836 Beverly Circle North, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8155-10 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 BEVERLY CIRCLE NORTH APPROXIMATELY 85 FEET WEST OF BROOKSIDE ROAD AND 555 FEET EAST OF KEENE ROAD, CONSISTING OF LOT 11, BLOCK C, MEADOW CREEK, WHOSE POST OFFICE ADDRESS IS 1836 BEVERLY CIRCLE NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 11, Block C, Meadow Creek, according to Residential Low (RL) plat thereof recorded in Plat Book 36, Page 26, Public Records of Pinellas County, Florida. (ANX2009-12016) 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. 8154-10. 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 # 10 Ordinance No. 8155-10 ?- Meeting Date:3/31/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8156-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1836 Beverly Circle North, upon annexation into the City of Clearwater, as Low Density Residential (LDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8156-10 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 BEVERLY CIRCLE NORTH APPROXIMATELY 85 FEET WEST OF BROOKSIDE ROAD AND 555 FEET EAST OF KEENE ROAD, CONSISTING OF LOT 11, BLOCK C, MEADOW CREEK, WHOSE POST OFFICE ADDRESS IS 1836 BEVERLY CIRCLE NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); 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 11, Block C, Meadow Creek, according to Low Density Residential plat thereof recorded in Plat Book 36, Page 26, (LDR) Public Records of Pinellas County, Florida. (ANX2009-12016) 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. 8154-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 11 Ordinance No. 8156-10 ?- Meeting Date:3/31/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8166-10 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2010 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, Airpark Fund, Parking Fund, Administrative Services Fund, and Central Insurance Fund. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8166-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010 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, PARKING 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, 2010, for operating purposes, including debt service, was adopted by Ordinance No. 8100-09; and WHEREAS, at the First Quarter Review it was found that an increase of $18,406,770 is necessary for revenues and an increase of $10,663,624 is necessary 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. 8100-09 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2009 and ending September 30, 2010 a copy of which is on file with the City Clerk, the City Council hereby adopts 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: Frank Hibbard, Mayor Attest: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk Item # 12 Ordinance No. 8166-10 Attachment number 2 Page 1 of 2 EXHIBIT A 2009-10 BUDGET REVENUE Original Budget 2009/10 First Quarter Amended Budget 2009/10 mendments General Fund: Property Taxes 41,786,420 41,786,420 Franchise Fees 10,152,000 10,152,000 Utility Taxes 12, 321, 860 12, 321, 860 Licenses, Permits & Fees 3,550,000 3,550,000 Sales Tax 5,313,000 5,313,000 Communications Services Tax 6,814,600 6,814,600 Intergovernmental Revenues 11,350,290 11,355,576 5,286 Charges for Current Services 3,904,660 3,882,660 (22,000) Fines & Forfeitures 677,300 677,300 Interest Income 1,140,000 1,140,000 Miscellaneous 926,500 981,500 55,000 Interfund Charges / Transfers In 17,516,670 20,236,265 2,719,595 Transfer from Surplus 0 (2,486,645) (2,486,645) Total, General Fund 115,453,300 115,724,536 271,236 Special Revenue Funds: Special Development Fund 16,138,440 16,139,779 1,339 Special Program Fund 2,099,430 4,769,084 2,669,654 Local Housing Asst Trust Fund 97,330 97,330 Utility & Other Enterprise Funds: Water & Sewer Fund 58,827,450 61,189,925 2,362,475 Stormwater Utility Fund 15,579,600 15,579,600 Solid Waste Fund 18,823,080 18,823,080 Gas Fund 42,901,470 47,952,869 5,051,399 Recycling Fund 2,949,470 3,047,291 97,821 Airpark Fund 249,000 241,000 (8,000) Marine Fund 4,850,380 4,590,380 (260,000) Downtown Boat Slips Fund 631,260 631,260 Parking Fund 5,405,020 8,805,020 3,400,000 Harborview Center Fund 163,080 163,080 Internal Service Funds: Administrative Services Fund 9,430,000 9,455,846 25,846 General Services Fund 4,991,540 4,991,540 Garage Fund 12,824,540 12,824,540 Central Insurance Fund 19,161,320 23,956,320 4,795,000 Total, All Funds 330,575,710 348,982,480 18,406,770 Ordinance #8166-10 Item # 12 Attachment number 2 Page 2 of 2 EXHIBIT A (Continued) 2009-10 BUDGET EXPENDITURES Original Budget 2009/10 First Quarter Amended Budget 2009/10 mendments General Fund: City Council 296,570 296,570 City Manager's Office 1,274,680 1,274,680 City Attorney's Office 1,623,430 1,623,430 City Auditor's Office 182,410 182,410 Development & Neighborhood Svcs 0 0 Economic Development & Housing Svc 1,374,570 1,374,570 Engineering 7,441,890 7,441,890 Equity Services 0 0 Finance 2,195,470 2,195,470 Fire 21,760,100 21,760,100 Human Resources 1,108,350 1,108,350 Library 5,710,940 5,710,940 Marine & Aviation 564,440 564,440 Non-Departmental 4,903,750 5,136,700 232,950 Office of Management & Budget 285,690 285,690 Official Records & Legislative Svcs 1,087,520 1,087,520 Parks & Recreation 19,739,130 19,772,130 33,000 Planning & Development 4,679,890 4,679,890 Police 37,415,990 37,421,276 5,286 Public Communications 1,031,750 1,031,750 Public Services 2,580,000 2,580,000 Allocation to Reserves 196,730 196,730 Total, General Fund 115,453,300 115,724,536 271,236 Special Revenue Funds: Special Development Fund 12,423,130 12,389,301 (33,829) Special Program Fund 1,799,430 4,469,084 2,669,654 Local Housing Asst Trust Fund 97,330 97,330 Utility & Other Enterprise Funds: Water & Sewer Fund 58,672,340 58,672,340 Stormwater Utility Fund 15,579,600 15,579,600 Solid Waste Fund 18,759,080 18,531,318 (227,762) Gas Fund 40,528,040 45,046,119 4,518,079 Recycling Fund 2,949,470 2,949,470 Airpark Fund 194,070 194,070 Marine Fund 4,552,760 4,423,160 (129,600) Downtown Boat Slips Fund 464,230 464,230 Parking Fund 5,172,020 8,572,020 3,400,000 Harborview Center Fund 163,080 163,080 Internal Service Funds: Administrative Services Fund 9,224,590 9,250,436 25,846 General Services Fund 4,991,540 4,991,540 Garage Fund 12,824,540 12,824,540 Central Insurance Fund 18,208,370 18,378,370 170,000 Total, All Funds 322,056,920 332,720,544 10,663,624 Ordinance #8166-10 Item # 12 ?- Meeting Date:3/31/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8167-10 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2010, to reflect a net decrease of $1,381,607. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8167-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010, TO REFLECT A NET DECREASE OF $1,381,607, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2010 was adopted by Ordinance No. 8101-09; 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. 8101-09 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010, a copy of which is on file with the City Clerk, the City Council hereby adopts a First 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 # 13 Ordinance No. 8167-10 Attachment number 2 Page 1 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10 First Qtr Original Amended Budget Budget 2009/10 2009/10 Amendments Police Protection Fire Protection Major Street Maintenance Sidewalks and Bike Trail Intersections Parking Miscellaneous Engineering Park Development Marine Facilities Airpark Facilities Libraries Garage Maintenance of Buildings Gen Public City Bldg & Equip Miscellaneous Stormwater Utility Gas System Solid Waste Utilities Miscellaneous Sewer System Water System Recycling 150,000 678,490 3,645,670 435,000 250,000 35,000 5,837,500 4,315,000 10,000 635,310 2,716,700 277,930 950,000 640,000 5,945,000 5,310,000 520,000 26,000 9,772,590 9,699,550 220,000 50,000 678,490 3,139,185 (1,078,404) 435,000 3,650,000 72,950 6,003,208 (458,105) 10,000 635,310 2,716,700 252,930 950,000 706,306 5,073,864 7,485,709 520,000 26,000 9,560,410 10,038,579 220,000 (100,000) (506,485) (1,078,404) 3,400,000 37,950 165,708 (4,773,105) (25,000) 66,306 (871,136) 2,175,709 (212,180) 339,029 TOTAL 52,069,740 50,688,133 (1,381,607) Item # 13 Ordinance # 8167-10 Attachment number 2 Page 2 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10 Original Budget 2009/10 GENERAL SOURCES: General Operating Revenue General Revenue/County Co-op Road Millage Penny for Pinellas Transportation Impact Fee Recreation Land Impact Fee Local Option Gas Tax Special Development Fund Special Program Fund Grants - Other Agencies Donations SELF SUPPORTING FUNDS: Marine Revenue Downtown Boat Slips Revenue Airpark Revenue Parking Revenue Utility System: Water Impact Fees Sewer Impact Fees Utility R&R Stormwater Utility Revenue Gas Revenue Solid Waste Revenue Grants - Other Agencies Other Governmental Revenue Developer Contributions INTERNAL SERVICE FUNDS: Garage Revenue Administrative Services Revenue Central Insurance Revenue 1,470,990 635,310 2,090,670 6,225,000 290,000 1,720,000 950,000 30,000 2,900,000 900,000 50,000 15,000 10,000 260,000 250,000 500,000 3,050,490 5,652,800 5,340,000 350,000 119,400 150,000 First Qtr Amended Budget 2009/10 1,518,217 635,310 2,090,670 6,191,171 290,000 (1,339) 1,720,000 950,000 (925,845) 1,944,155 900,000 (50,000) 15,000 10,000 3,660,000 250,000 500,000 3,050,490 5,652,800 7,415,709 350,000 119,400 150,000 (5,022,507) Amendments 47,227 (33,829) (1,339) (955,845) (100,000) 3,400,000 2,075,709 (873,815) 20,464 62,327 (5,022,507) Item # 13 Ordinance # 8167-10 Attachment number 2 Page 3 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10 First Qtr Original Amended Budget Budget 2009/10 2009/10 Amendments BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 42,540 42,540 Lease Purchase - Stormwater 300,000 300,000 Lease Purchase - Solid Waste 170,000 170,000 Lease Purchase - Recycling 220,000 220,000 Bond Issue - Water & Sewer 15,665,240 15,665,240 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 2,312,300 2,312,300 Lease Purchase - Administrative Services 400,000 400,000 TOTAL ALL FUNDING SOURCES: 52,069,740 50,523,312 (1,381,607) Item # 13 Ordinance # 8167-10 ?- Meeting Date:3/31/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award contracts for the five year period ending April 25, 2015, to Bryant Miller Olive P.A. as bond counsel and Nabors, Giblin and Nickerson, P.A. as disclosure counsel and authorize the appropriate officials to execute same. (consent) SUMMARY: The contracts with the City of Clearwater (City) current bond and disclosure counsels expire on April 25, 2010. The City issued RFP 06-10 to solicit proposals for bond counsel and/or disclosure counsel. The City received five proposals for bond counsel and seven proposals for disclosure counsel. Bryant, Miller and Olive, the City's current bond counsel, was selected by the RFP selection committee as submitting the proposal with the most desirable combination of experience and fees. The fee schedule for this five year contract period will remain the same as the past five year contract period. The costs incurred for this service due to bond issuance will be paid from bond proceeds. The services provided by the bond counsel include providing all necessary legal services required for issuance of City of Clearwater bonds including rendering a written legal opinion as to the legality of the bonds and the proceedings by which they are issued and the exclusion from gross income for federal income tax purposes of the interest paid on the bonds. Nabors, Giblin and Nickerson, the City's current disclosure counsel, was selected by the RFP selection committee as submitting the proposal with the most desirable combination of experience and fees. The fee schedule for this five year contract period will remain the same as the past five year contract period. The costs incurred for these services due to bond issuance will be paid from bond proceeds. The services provided by the disclosure counsel include preparation of a Preliminary Official Statement and an Official Statement (disclosure statements) in connection with the sale of City bonds. Also, coordination with appropriate City personnel, City financial advisor, or other outside independent advisors of the preparation of any continuing disclosure statements required to be made by the City. City staff has been very satisfied with the services provided by Bryant Miller Olive as bond counsel and by Nabors, Giblin and Nickerson as disclosure counsel. 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 # 14 Attachment number 1 Page 1 of 5 BOND COUNSEL RETAINER AGREEMENT THIS AGREEMENT made this day of 2010 by and between the CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA (the "City"), P.O. Box 4748, Clearwater, Florida 33758-4748, and the law Bond Counsel of BRYANT MILLER OLIVE P.A., TALLAHASSEE, FLORIDA ("Bond Counsel"), 101 North Monroe Street, Suite 900, Tallahassee, Florida 32301. WITNESSETH: WHEREAS, the City wishes to retain a Bond Counsel to serve as Bond Counsel to the City in connection with various bond issues and other matters for five (5) years; and WHEREAS, pursuant to the City's request for proposals, Bond Counsel has been selected to provide the desired services on terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein contained, the parties do hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS BOND COUNSEL. Bond Counsel is hereby authorized to provide Bond Counsel services as described in this Agreement and for the professional fees described in this Agreement. SECTION 2. TERM. This Agreement will be effective for five (5) years from the date of execution. SECTION 3. BOND COUNSEL SERVICES. Bond Counsel hereby agrees to provide its professional services and facilities in connection with all bond issuance and other debt activities of the City subject to the conditions and in consideration of the payment of fees set forth herein. Bond Counsel agrees, at the request of the City, to: (A) Review proposed financing programs as to the legal feasibility, compliance with applicable law and pending or proposed revision to the law, including U.S. Treasury regulations. (B) Advise as to structuring procedures, required approvals and filings, schedule of events for timely issuance, potential cost-saving techniques and other legal matters relative to issuance of the debt instruments). (C) Attend meetings with City Staff and officials, the City's financial advisor, underwriters, rating agencies and others as appropriate for development or sale of bonds or dissemination of information in connection therewith. (D) Prepare bond ordinances or resolutions and any amendments thereto in order to authorize the issuance of the bonds. 1 Item # 14 Attachment number 1 Page 2 of 5 (E) Prepare any trust indenture; escrow deposit agreement; registrar or paying agent agreement; and any other agreements of similar documents necessary, related or incidental to the financing. (F) Prepare all pleadings (e.g. complaint, notice of service, proposed answer, memorandum of law, proposed order, etc.) and, as requested by the City Attorney, assist in or conduct the validation hearing. (G) Review the transcript of all proceedings in connection with the foregoing and indicate any necessary corrective action. (H) if sale is by competitive bid, assist in preparation of the bid documents, notice of sale, evaluation of bids and any other documentation or action necessary to conduct a sale of the bonds in that manner. (1) Review all disclosure documents prepared or authorized by the City insofar as such documents describe the bonds and summarize the underlying documents. However, the Bond Counsel assumes no responsibility for the disclosure documents insofar as such documents describe the financial circumstances of the offering or any other statistical projections or data and the Bond Counsel assumes no responsibility for preparing "Blue Sky Memorandums," registering obligations of the City in any State or for preparing legal investment surveys. (J) Prepare, obtain, deliver and file all closing papers necessary in connection with the sale and issuance of the bonds, including, but not limited to, certified copies of all minutes, ordinances, resolutions and orders; certificates such as officers, seal, incumbency, signature, no prior pledge, arbitrage and others; and verifications, consents and opinions from accountants, engineers, special consultants and attorneys. (K) Review all underwriting proposals, prepare all closing documents and attend and assist in the closing. (L) Render an opinion in written form at the time the bonds are delivered, which opinion will cover (1) the legality of the bonds and the proceedings by which they are issued and (2) the exemption from gross income for federal income tax purposes of the interest paid on the bonds. SECTION 4. PROFESSIONAL FEES FOR BOND COUNSEL SERVICES. A. The City and Bond Counsel agree to the following schedule of fees in connection with bond counsel representation: 2 Item # 14 Attachment number 1 Page 3 of 5 Fixed Rate General Fixed Rate Revenue Variable Rate Obli ation Bonds* Bonds* Revenue Bonds" First $45,000,000 @$.55 @1.40 @1.50 $45,000,000 and above @$.45 @0.90 @1.00 'per $1,000 The minimum fee for general obligation bonds and city revenue bonds is $15,000. B. For conduit financings, the City agrees that the Bond Counsel shall be compensated for the above services at the time bonds are delivered according to the following schedule: FIRST $5,000,000 @ $5.00 per $1,000 SECOND 5,000,000 3.00 per $1,000 NEXT 10,000,000 2.00 per $1,000 NEXT 10,000,000 1.70 per $1,000 IN EXCESS OF 30,000,000 1.00 per $1,000 The minimum fee for industrial development bonds and private activity bonds is $30,000. Expenses will be capped at $7,500 but subject to negotiation in unusual cases. The Bond Counsel understands that fees for conduit financings shall be paid by the obligor and not by the City. SECTION 5. ANCILLARY SERVICES. In addition to being asked to perform typical Bond Counsel services in connection with various issues of the City as noted, above, Bond Counsel agrees to provide certain ancillary services, such as ongoing consultation with the City on routine matters, i.e., phone conversations, short correspondence and simple advice on proposed or closed transactions without additional cost. Other services such as bond validation proceedings, preparation of legislation, preparation of ruling requests to the Internal Revenue Service for rulings required in particular financing, seeking no action letters from the Securities and Exchange Commission and performance of other legal services at the request of the City shall be performed at an hourly rate based on the level of the attorney providing the services and the complexity of the matter involved. No such services will be undertaken without prior approval of the Finance Director and the City Attorney on the scope of the requested legal services and the estimated costs of said services. SECTION 6. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made by the City to the Bond Counsel for reasonable out-of-pocket expenses as described above without markup including but not limited to long distance calls and facsimiles, copying or reproducing documents, postage, court costs, parking costs and travel incurred by Bond 3 Item # 14 Attachment number 1 Page 4 of 5 Counsel in performance of the duties hereunder. Travel and per diem costs as well as auto travel expenses shall not exceed that which is available to City of Clearwater employees. SECTION 7. INDEMNIFICATION AND INSURANCE. Bond Counsel agrees, through the provision of professional liability insurance and similar coverages, to protect, defend and indemnify the City and its officers, employees and agents from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character caused by any negligent act or omission of Bond Counsel, its employees, agents and subcontractors in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Bond Counsel shall procure and maintain during the life of this Agreement professional liability insurance in an amount in excess of $2,000,000. This provision shall survive the termination of this Agreement. SECTION 8. CONFLICT OF INTEREST. It is understood by the City and Bond Counsel that Bond Counsel is not aware of any clients of the Bond Counsel that currently present any conflict between the interest of the City and other clients of Bond Counsel. If any potential conflict of interest arises during the time Bond Counsel is representing the City, Bond Counsel will promptly inform the City. The City is under no obligation to agree to permit the conflict representation. SECTION 9. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Bond Counsel. SECTION 10. CANCELLATION OF AGREEMENT. The City may cancel or terminate this Agreement upon thirty days advance written notice to Bond Counsel. In the event of cancellation, Bond Counsel shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. Further, it is understood and agreed between the City and Bond Counsel that Robert C. Reid and Grace Dunlap will be the lead attorneys assigned by Bond Counsel to provide the services contained herein. The City in its absolute discretion may immediately terminate this Agreement upon written notice to Bond Counsel if the services of any of these attorneys are unavailable to the City. 4 Item # 14 Attachment number 1 Page 5 of 5 IN WITNESS WHEREOF, the City and Bond Counsel have executed this Agreement as of the date first written above. Countersigned: William B. Horne, II City Manager CITY OF CLEARWATER, FLORIDA By: Frank Hibbard Mayor Approved as to form and Legal sufficiency: Pamela K. Akin City Attorney Witnesses: Attest: Cynthia E. Goudeau City Clerk Bryant Miller Olive P.A. ' j Title: Shareholder 5 Item # 14 Attachment number 2 Page 1 of 4 DISCLOSURE COUNSEL RETAINER AGREEMENT THIS AGREEMENT made this day of , 2010, by and between the City of Clearwater, P.O. Box 4748, Clearwater, Florida 33758, hereinafter referred to as the "City" and the law firm of Nabors, Giblin & Nickerson, P.A., 2502 Rocky Point Drive, Suite 1060, Tampa, Florida 33607, herein after referred to as the "Disclosure Counsel." WITNESSETH: WHEREAS, the City wishes to retain a firm to serve as Disclosure Counsel to the City in connection with various bond issues and other matters for five (5) years; and WHEREAS, pursuant to the City's request for proposals, Disclosure Counsel has been selected to provide the desired services on terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein (the "Agreement"), the parties do hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS DISCLOSURE COUNSEL. Disclosure Counsel is hereby authorized to provide Disclosure Counsel services as described in this Agreement and for the professional fees described in this Agreement. SECTION 2. TERM. The term of the Agreement will be effective for five (5) years from the date of execution. SECTION 3. DISCLOSURE COUNSEL SERVICES. Disclosure Counsel hereby agrees to provide its professional services and facilities in connection with all bond issuance and other debt activities of the City subject to the conditions and in consideration of the payment of fees set forth herein. Disclosure Counsel agrees, at the request of the City, to: (A) Consult with City officials and staff concerning disclosure questions and issues relating to the initial issuance of bonds or other indebtedness and continuing disclosure requirements. (B) Attend, upon request, meetings of the City Council (the "Council") or any meeting of staff, relating to the issuance of bonds or disclosure matters; (C) Prepare and review the City's bond purchase agreement in the event bonds are offered pursuant to a negotiated sale; (D) Prepare and/or review the City public sale solicitation documents in the event bonds are offered pursuant to a competitive bid; Item # 14 Attachment number 2 Page 2 of 4 (E) Prepare the City's preliminary and final official statements in connection with any bond offering; (F) Supervise and coordinate the printing and delivery of the preliminary and final official statements; (G) Review all bond documents prepared in connection with an issuance of bonds to the extent such documents involved disclosure matters; (H) Provide a written 10(b)-5 disclosure opinion to the City at the time any bonds are issued; (I) Provide a reliance letter or written 10(b)-5 disclosure opinion to the underwriters at the time any bonds are issued; (J) Consult with City officials and staff regarding all matters relating to continuing disclosure requirements, specifically those now imposed by the Securities and Exchange Commission Rule 15c2-12, as amended (the "Rule"). Disclosure Counsel's responsibilities with respect to continuing disclosure shall involve, but not limited to, the following issues: (1) determination of "material events" (as defined in the Rule) and timely disclosure of same; (2) yearly compilation, determination and disclosure of "annual information" (as described in the Rule); (3) yearly disclosure of audited financial statements; (4) timely disclosure of any material failure by the City to comply with the Rule; (5) determination and preparation of new language required by the Rule to be included in bond resolution and official statements; (d) obtaining assurances and obligations from other "material persons" or "obligated persons" (as such terms are defined in the Rule) involved in a bond transaction that such persons will comply with the Rule; and (7) any and all matters regarding the Rule and the City's continuing disclosure obligations. SECTION 4. PROFESSIONAL FEES FOR DISCLOSURE COUNSEL SERVICES. The City and Disclosure Counsel agree to the following schedule of fees in connection with Disclosure Counsel representation: 2 Item # 14 Attachment number 2 Page 3 of 4 First $10,000,000 $1.10* Above $10,000,000 $0.90* *Per $1,000 $5,000 minimum SECTION 5. ANCILLARY SERVICES. In addition to being asked to perform typical services in connection with various issues of the City as noted, above, Disclosure Counsel agrees to provide certain ancillary services, such as ongoing consultation with the City on routine matters, i.e., phone conversations, short correspondence and simple advice on proposed or closed transactions without additional cost. Other services such as continuing disclosure services and performance of other legal services at the request of the City shall be performed at the rate of $150 per hour for partners and $125 per hour for associate attorney time. No such services will be undertaken without prior approval of the Finance Director and the City Attorney on the scope of the requested legal services and the estimated costs of said services. SECTION b. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made by the City to the Disclosure Counsel for reasonable out-of- pocket expenses as described above without markup including but not limited to long distance calls and facsimiles, copying or reproducing documents, postage, court costs, parking costs and travel incurred by Disclosure Counsel in performance of the duties hereunder. Travel and per diem costs as well as auto travel expenses shall not exceed that which is available to City of Clearwater employees. SECTION 7. INDEMNIFICATION AND INSURANCE. Disclosure Counsel agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Disclosure Counsel, its employees, agents and subcontractors in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Disclosure Counsel shall procure and maintain during the life of this Agreement professional liability insurance in the minimum amount of $2,040,000. This provision shall survive the termination of this Agreement. SECTION 8. CONFLICT OF INTEREST. It is understood by the City and Disclosure Counsel that Disclosure Counsel is not aware of any clients of Disclosure Counsel that currently present any conflict between the interest of the City and other clients of Disclosure Counsel. If any potential conflict of interest arises during the time Disclosure Counsel is representing the City, Disclosure Counsel will promptly inform the City. The City is under no obligation to agree to permit the conflict representation. 3 Item # 14 Attachment number 2 Page 4 of 4 SECTION 9. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Disclosure Counsel, SECTION 10. CANCELLATION OF AGREEMENT. The City may cancel or terminate this Agreement upon thirty days advance written notice to Disclosure Counsel. In the event of cancellation, Disclosure Counsel shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. Further, it is understood and agreed between the City and Disclosure Counsel that L. Thomas Giblin and W. Daniel Tyler will be the lead attorneys assigned by Disclosure Counsel to provide the services contained herein. The City in its absolute discretion may immediately terminate this Agreement upon written notice to Disclosure Counsel if the services of any of these attorneys are unavailable to the City. IN WITNESS WHEREOF, the City and Disclosure Counsel have executed this Agreement as of the date first written above. Countersigned: CITY OF CLEARWATER, FLORIDA William B. Horne, II City Manager Approved as to form and legal sufficiency: Pamela K. Akin City Attorney Witnesses: By: Frank Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk N v' T] 4 Item # 14 City Council Agenda Council Chambers - City Hall Meeting Date:3/31/2010 SUBJECT / RECOMMENDATION: Approve $28,245.84 settlement of the liability claim of Mr. and Mrs. Lance Latta and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 16, 2010 Mr. and Mrs. Lance Latta's property at 1433 Admiral Woodson Dr. was flooded by raw sewage. An obstruction in the sewer line maintained by the City caused the sewage backup. As the backup resulted from the City's failure to properly maintain the sewer line, the City is responsible for the damage to the Latta's property. Mr. and Mrs. Latta incurred $28,245.84 in damage to their property. The City's limit of liability as provided by Section 768.28, Florida Statutes is $100,000. The City's Risk Management Division and City's Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $28,245.84 Not to Exceed: For Fiscal Year: 2009 to 2010 Budget Adjustment: None Annual Operating Cost: Total Cost: $28,245.84 Appropriation Code Amount Appropriation Comment 590-07000-545900-519-000 $28,245.84 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 15 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/31/2010 Approve an Interlocal Agreement with the School Board of Pinellas County to allow the cafe area in the Main Library to be used for on-the-job training for students in Pinellas County Schools' Extended Transition Program, at no cost to the School Board through the end of the 2011-2012 school year and authorize the appropriate officials to execute same. (consent) SUMMARY: During the first five years the Main Library has been open, there have been four vendors operating in the cafe area. Despite enthusiastic beginnings, none has been able to generate a profit in that location, and the average gross monthly income reported has been around $2,000. The cafe does, however, fill a need in the library and has strong support from regular users and library advocacy group members. To create a more stable situation, the profit incentive was removed from the cafe operation and the Calvin Hunsinger School was approached. Their Extended Transistions Program is a perfect fit for this situation. They are looking for an opportunity to provide on-the-job- training for their students, and don't need to make a profit. They will provide teacher supervision for the students while working at the library cafe, be responsible for all build out of the space and the purchase and preparation of all food sold. The School Board will also assume liability for their students and employees. In exchange, the City and the Library will provide the space and the utilities, free of charge, and receive an operating cafe in what is now empty space. This is a positive, mutually benificial partnership that meets the needs of both organizations and the community as a whole. The proposal has the wholehearted support of the library advocacy groups. The actual costs to the city are minimal, since, although revenues are budgeted at $6,000, the library has never been able to collect the budgeted amount of rent from any previous vendor. Type: Other Current Year Budget?: Yes Budget Adjustment: Budget Adjustment Comments: Revenue line 362332 would need to be zeroed out from $6,000. Current Year Cost: Annual Operating Cost: Not to Exceed: For Fiscal Year: to Total Cost: 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 # 16 Attachment number 1 Page 1 of 14 INTERLOCAL AGREEMENT City of Clearwater - Library Cafe This OPERATOR AGREEMENT(the "Agreement"), made and entered into this day of , 20_, ("Effective Date") by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, (the "City") and the SCHOOL BOARD OF PINELLAS COUNTY (the "School Board"): WITNESSETH WHEREAS, City owns and operates the Main Library facility located at 100 North Osceola Avenue, Clearwater, Florida, 33755, more specifically described in attached Exhibit "A" (the "Library"); and WHEREAS, the Library houses a cafe area ("Premises" or "Cafe") designed to provide food and beverage service to Library patrons and visitors; and WHEREAS, School Board wants to utilize the Cafe for on-the-job training for its students as part of Pinellas County Schools' Extended Transition Program (the Program); and WHEREAS, the Premises is currently unoccupied and not being utilized; WHEREAS, the City has determined that it is its best interest of the City to allow the School Board use of the Cafe for the Program; and WHEREAS, pursuant to the authority granted in Section 163.01, et seq., Florida Statutes, the "Florida Interlocal Cooperation Act of 1969," the City and the School Board are each willing to cooperate in this matter to provide the School Board independent use of the Premises under the conditions and provisions set out herein; and NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Relationship of the Parties. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or a partnership or joint venture between the parties hereto, it being understood and agreed that nothing within this Agreement shall be deemed to create any relationship between the City and the School Board other than the School Board utilizing the Premises as an Independent Operator of a food and beverage concession enterprise for the Program. 2. Premises. The purpose of this Agreement is to define the obligations and responsibilities of the School Board and the City with respect to the School Board independently occupying and operating a food and beverage concession enterprise Item # 16 Attachment number 1 Page 2 of 14 within and upon the following Premises: The northwest corner of the first floor of the new Main Library, containing 2,147 square feet of interior floor space, which includes 432 square feet constituting the food preparation area ("Back of the House") and a 1,715 square foot cafe seating area, along with an exterior area containing a 3,143 square foot terrace seating area. See Exhibit "A" for a diagram and description of the Premises. The School Board acknowledges and agrees that all areas other than the Back of the House area are open at all times to the public. 3. Term. The term of this agreement begins on the Effective Date, and ends on the 30th day of June, 2012. As referred to in this agreement, an "Agreement Year" commences on the date this Agreement is executed and on the annual anniversary date of such execution each year thereafter. This Agreement may be renewed for successive one (1) year periods under the same terms and conditions so long as the School Board, through its undersigned representative, provides the City written notice indicating an intent to renew, not less than thirty (30) days prior to the end of the term hereof. The School Board understands that the City is under no obligation to renew this Agreement, and, in the event that this Agreement is not renewed, the School Board acknowledges that it waives any and all rights of recovery against the City for any direct or indirect loss arising from the City not exercising its renewal of this Agreement. 4. Termination. This Agreement may be terminated by either party without cause upon providing thirty (30) days written notice to the other party. Additionally, the City retains the right to terminate this Agreement for any municipal need as determined by the City in its sole discretion. This right of termination is to be considered in addition to any rights of termination set out in this Agreement; however, at least twenty (20) days prior written notice must be provided to the School Board by the City. After the applicable period of written notice (i.e., 30 days or 20 days), the School Board will be afforded an additional five (5) days to vacate the Premises, and this Agreement shall terminate at the end of such period. The School Board acknowledges that the provision of equipment and inventory necessary for the operation of the Cafe is the sole responsibility of the School Board. Therefore, if, at any time, the City terminates this Agreement, the City shall not have any responsibility or liability related to reimbursing the School Board for its equipment or inventory. 5. Operations. (a) Menu. The School Board shall have the right to sell pre-packaged or pre-prepared food that requires limited or no on-Premises preparation and 2 Item # 16 Attachment number 1 Page 3 of 14 beverages at the Cafe, including but not limited to; coffee, cold drinks, bottled drinks, and soft drinks. The School Board shall not sell or serve alcoholic beverages on the Premises, and the School Board shall not sell any similar merchandise or concessions that are currently sold by the Friends of the Library Bookstore. (b) Entertainment. No music, live entertainment, media or speakers of any kind are permitted on the Premises without prior written approval of the City, such approval to be given in the City's sole discretion. (c) Hours of Operation. Hours of operation for the Cafe shall be left at the discretion of the School Board. (d) Exclusivity. The School Board acknowledges and agrees that its operation is not exclusive in terms of food and beverage being sold or possessed within the Premises or Library. The Cafe's operation is intended for the convenience of library patrons, however, patrons so choosing may consume or possess food and beverage from other sources, as otherwise permitted by the Library Code of Conduct (Exhibit "B", attached hereto and made a part hereof). In the event the City chooses to host a special event on the Library property, the City reserves the right to utilize outside caterers or other parties, in its sole discretion, to provide food and beverage of any kind. (e) Profit/Loss. The parties acknowledge and agree that the primary purpose of the operation of the Cafe is for the educational benefit of the students and for the City's interest in the occupancy and operation of the Cafe. The parties further acknowledge and agree that any profit earned by the Cafe shall be reinvested in the operation of the Cafe and the educational program, including without limitation, product upgrades, other inventory, and student incentives such as transportation reimbursement. In addition, if the Cafe operates at a loss, such loss shall be the financial responsibility of the School Board. The School Board may not, without approval of the School Board, exceed total program expenditures of $25,000.00. 6. Use of Premises. The School Board hereby covenants and agrees to make no unlawful, improper, or offensive use of the Premises. The School Board shall not permit any other business or enterprise to be operated in or from the Premises. This paragraph shall be construed to prohibit any assignment, delegating or subletting of this Agreement by operation of law. If this agreement is assigned, or if the Premises or any part thereof are sublet or occupied by anybody other than the School Board, then the School Board shall be in default of this Agreement. 7. Taxes. The School Board further agrees that it will pay, if applicable, any state sales tax, and all other taxes due, which may be levied upon the School Board due to the operation of the Premises consistent with the terms of this Agreement. The School Board acknowledges that under section 29.35 of the Clearwater Code of 3 Item # 16 Attachment number 1 Page 4 of 14 Ordinances, it may be required to obtain a business tax receipt, unless otherwise exempt by law or statute for independently occupying and operating a food and beverage concession enterprise within and upon the Premises. 8. Utilities. The School Board acknowledges that Premises has not been designed to accommodate separate utilities or the metering thereof, and that the City is not obligated to provide for same. Therefore, the City shall provide electricity, sewer, garbage disposal, air conditioning, heat and water services ("Utilities") as more particularly described herein, for use by School Board in the Cafe area. In addition to the above, the City shall provide, as a part of Utilities described above: three electrical outlets in the food preparation area and three electrical outlets in the Cafe seating area; overhead lighting in the food preparation and seating areas; plumbing "stubbed out" in the food preparation area including 3/ inch water lines (hot and cold), a three (3) inch sanitary waste water line (no floor drain) and a two (2) inch vent; basic sewer service (grease trap not included); and nearby public restroom facilities (for the non-exclusive use of Cafe patrons). The City reserves the right to re-evaluate Utility costs based on increase of incurred utility costs over the first year and amend this Agreement to account for Utility costs. If the parties cannot mutually agree to amend this Agreement to account for Utility costs, then either party reserves the right to terminate this Agreement at the conclusion of the contract term. 9. The School Board is not authorized to make any structural improvements or changes to the Cafe area unless expressly agreed to in writing by City. If build-out of the Premises is necessary, School Board must obtain the City's written consent and all permits necessary for the approval of such a project. 10. The School Board shall use biodegradable materials whenever feasible, which determination shall be within the sole discretion of the School Board. 11. The School Board shall provide all equipment and inventory necessary for the operation of the Cafe. The School Board shall be responsible for the installation of such equipment and guarantee that such equipment complies with applicable code requirements and other applicable law. Additionally, the School Board shall pay for all normal day-to-day repair, maintenance, and replacement costs on its equipment. 12. The School Board shall be responsible for picking up and disposing of all trash, garbage, and other debris, within the Cafe area. The School Board is authorized to place trash cans in the immediate area of the Premises, said trash cans to be maintained by the School Board. 13. Liability. The parties agree to be fully responsible for their own acts of negligence, or their respective agents' acts of negligence when acting within the scope of their employment, and agree to be liable for any damages proximately caused thereby; provided, however, that the parties' liability is subject to the monetary 4 Item # 16 Attachment number 1 Page 5 of 14 limitations and defenses imposed by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by the parties, nor shall anything herein be construed as consent by the parties to be sued by any third party for any cause or matter arising out of or related to this Agreement. 14. Insurance. The School Board shall maintain commercial insurance or self- insurance during the term of this Agreement, with the insurance coverages set out below: (a) Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Offices and must include: i. Minimum limits of One Million dollars ($1,000,000.00) per occurrence combined single limits for Bodily Injury Liability, Personal Injury, and Property Damage Liability. ii. Premises and/or operations. iii. Independent contractors. iv. Products and/or completed operations. v. Personal injury coverage with employee and contractual exclusions removed, including coverage for liability resulting from the dispensing of alcoholic beverages, if School Board at any time during the term of this agreement obtains a license to serve any type of alcoholic beverages. (b) Auto Policy - School Board shall maintain automobile liability insurance coverages in the same amounts described in (a) above. (c) Workers' Compensation - Coverage to apply for all employees for statutory limits in compliance with the applicable State and Federal laws. In addition, the policy must include Employers' Liability with a limit of Five-Hundred Thousand dollars ($500,000). (d) In addition, School Board shall provide to City the following: i. Additional Insured. City shall be named as additional insured on all liability coverage. ii. Notice of Cancellation or Restriction. All policies must be endorsed to provide the City with not less than thirty (30) days notice of cancellation or restrictive modifications of any insurance policy providing the coverage required by this agreement. Item # 16 Attachment number 1 Page 6 of 14 iii. Certificates of Insurance/Certified Copies of Policies. The School Board shall provide the City with a certificate or certificates of insurance showing the existence of the coverages required by this Agreement. The School Board shall maintain the coverage throughout the term of this Agreement or any modification thereof. When specifically requested by the City in writing, the School Board shall provide City with certified copies of all policies of insurance as required herein. New certificates and new certified copies of policies, if certified copies have been requested, shall be provided to City whenever any policy is renewed, revised, or obtained from other insurers. iv. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater, Attention: Eleanor Scharf, Assistant Library Director, P.O. Box 4748, Clearwater, Florida 33758-4748. 15. Destruction of Premises. If at any time during the term of this agreement, the Premises or any part, system, or component thereof, (hereinafter, the "Demised Premises") shall be damaged or destroyed as a result of the intentional act or negligence of School Board or its employee or agent, said Demised Premises and any additions or improvements thereto, shall be promptly repaired or rebuilt or restored by the School Board to the condition as good as the same was immediately prior to such damage or destruction at the School Board's risk and expense, and in accordance with plans and specifications mutually agreed upon at the time; or if none can be agreed upon, then in accordance with the original plans and specifications for the Premises and any subsequent plans and specifications for any additions or improvements constructed prior to the damage. The work of restoration or rebuilding shall be in full compliance with all laws and regulations and government ordinances applicable thereto. The School Board is liable to the City to the extent of the cost of the repair and restoration of the Premises, whether that is covered by the School Board's insurance or self- insurance. If the Demised Premises is, as a result of the intentional act or negligence of School Board or its employee or agent, totally destroyed or damaged to the extent as to render the Premises uninhabitable or useless for the purpose intended, during the term of this agreement, then and in that event, the School Board may terminate this agreement as of the date of such damage with (30) days written notice to the City. In the event of such termination, the School Board is still liable to the City to the extent of the cost of the repair and restoration of the Premises, whether that is covered by the School Board's insurance or self-insurance. In the event of such destruction, the School Board acknowledges that it waives any and all rights of recovery against the City for any direct or indirect loss occurring to the Demised Premises. If the Demised Premises or any structures associated with the Demised Premises are damaged or destroyed by fire, hurricane, flood, or other casualty, the 6 Item # 16 Attachment number 1 Page 7 of 14 School Board must immediately give the City written notice of the damage or destruction, including a description of the damage, and as far known to the School Board, the cause of the damage. If the casualty is not the result of the intentional act or negligence of School Board or its employee or agent, and the Demised Premises are so damaged that rebuilding or repairs cannot be completed within ninety (90) working days, this Agreement will terminate as of the date of written notification was sent to the City. The parties acknowledge that under no circumstance, whether as of a result intentional act, negligence, casualty, or otherwise, shall the City be liable or responsible for damage or destruction of the School Board's personal property. 16. Default. City, at its option, may exercise any one of the remedies provided in subsection (g) of this paragraph, except as otherwise provided herein, upon the happening of any one or more of the following events (Events of Default): (a) School Board's continued default with respect to any other covenant of this agreement for a period of thirty (30) days after receipt of written notice of such default by School Board from City, provided that if such default reasonably required more than thirty (30) days to cure, or if the School Board has commenced correcting action within the thirty (30) day period and is diligently correcting such default, it will not be considered an Event of Default so long as the City has been made aware that the School Board required more time or was already correcting the default. (b) There shall be filed by or against the School Board in any event pursuant to any statute either of the United States or of any state, a petition in bankruptcy or insolvency or for reorganization or arrangement, or for the appointment of a receiver or trustee of all or a portion of the School Board's property, or if the School Board makes an assignment by operations of law, or if the School Board makes application to School Board's creditors to settle or compound or extend the time for payment of School Board's obligations, or if execution, seizure, or attachment of equipment, inventory, or School Board property for a period of 120 days. Failure to remove the levy, seizure or attachment of equipment, inventory, or School Board property within the 120 day period shall be deemed a default under this Agreement. (c) The School Board's vacating or abandoning the Premises. (d) If School Board is in default of any other agreement with the City, then such default shall be deemed a default of this Agreement and the City may pursue all available remedies provided for herein. (e) School Board's assigning, delegating or subletting of the Premises or any portion thereof of this Agreement. Item # 16 Attachment number 1 Page 8 of 14 (f) The School Board terminates the Program. (g) City, at its option, may exercise any one or more of the following remedies: i. Terminate School Board's right to possession under this Agreement and reenter and take possession of the Premises. School Board shall remain liable for costs and damages incurred by the City due to School Board's breach of any of the covenants of this agreement. Said damages shall include, but not be limited to, charges for removal and storage of School Board's property and remodeling and repairs. This shall terminate the Agreement. ii. Exercise any and all rights and privileges that City may have under the laws of the State of Florida and/or the United States of America. 17. Modifications/Improvements. School Board shall secure prior written approval from City for modifications or remodeling of existing facilities or for the construction of any new facilities, such approval not to be unreasonably withheld or delayed. It is agreed that the existing improvements, together with any improvements constructed by School Board during the term of this agreement on the demised premises, shall become the property of the City upon the expiration of termination of this agreement; provided, however, that said reference to improvements herein contemplates improvements to the real estate which become a part of the land as distinguished from personal property utilized by the School Board. The School Board understands that the City shall not be liable to reimburse the School Board the cost for any City-approved modifications or improvements to the Premises. 18. Maintenance of Premises and Improvements. As provided for in the previous section, School Board shall not make any improvements to the Premises without the prior written consent of the City. School Board shall, at its expense, at all times during the terms of this Agreement keep the Premises and any improvements permitted hereunder, and facilities thereon in good order, condition, and repair. It is specifically understood by the School Board that the City has the right to inspect the Premises and improvements at any time to ensure that the Premises and improvements are indeed in good order, condition, and repair. Upon the termination or expiration of this agreement, School Board shall have the privilege at his own expense of removing its equipment, signs, insignia, and other indicia of its occupancy or use; however, School Board shall repair any and all damages to the Premises caused by the removal by School Board of such property, and restore the Premises to a condition at least equal to or better than the condition of the Premises upon delivery to the School Board at the inception of this Agreement. 19. BLANK. 20. Health/Sanitary Compliance. If applicable, the School Board hereby Item # 16 Attachment number 1 Page 9 of 14 covenants and agrees to promptly and continuously comply with all regulations and orders of the Health Department and health officers of the local, state, and national governments; and School Board hereby covenants and agrees to keep, operate, and maintain the Cafe in such a manner as to preclude any warnings, violations or notices to show cause being issued by any regulatory agency authorized to inspect the Premises under section 509, Florida Statutes, as it presently exists or as it may be amended. In addition, School Board agrees to forward to City a copy of each inspection report issued in accordance with section 509, Florida Statutes, as it presently exists or as it may be amended within fifteen (15) days of receiving any such reports. 21. Quiet Enjoyment. The City agrees that so long as the School Board complies with all the terms of this Agreement, School Board shall peaceably and quietly hold and enjoy the Premises for the term of the agreement without hindrance or interruption by the City. 22. Notices hereunder shall be given only by registered letter and shall, unless otherwise expressly provided, be deemed given when the letter if deposited in the mail, postage prepaid, addressed to the party for whom intended at such party's address first herein specified or to such other address as may be substituted therefore by proper notice hereunder. Notice to be provided to City and School Board as stated below: As to City: Library Director City of Clearwater 100 North Osceola Avenue Clearwater, Florida 33755 With copy to: City Attorney's Office City of Clearwater Post Office Box 4748 Clearwater, Florida 34618-4748 As to School Board: The School Board of Pinellas County Attn: Cindy Bania-Carter, Exceptional Student Education 301 Fourth Street S.W. P.O. Box 2942 Largo, FL 33779-2942 23. Signage. The Cafe may at its option post, erect or hang signage inside and/or outside of the atrium area of the Facility so that it may be seen by patrons inside the Facility as well as traffic driving by the Facility, and the Cafe may, at its option, post, erect, or hang signage in the hallway leading to the Cafe as well as in each of the elevators subject to City approval. The design of any signage shall be presented to the Item # 16 Attachment number 1 Page 10 of 14 City prior to its installation, and the City agrees to review such signage. Approval of signage is subject to City policy and applicable law, including, but not limited to, the City of Clearwater Code of Ordinances and Community Development Code. The School Board shall also provide memo-type board or boards inside the Cafe area so that they will be plainly visible to the public and list the food and drink items for sale with their corresponding prices. School Board shall also place a sign inside the Cafe area so it will be plainly visible to the public, which states that School Board operates the Cafe independently from City. 24. Applicable Law and Venue. School Board, at School Board's own expense, must comply promptly with all statutes, rules, regulations, ordinances, orders, and requirements of all local, state and federal governments and their respective agencies applicable to the use and occupancy of the Cafe by School Board. This includes any applicable building, health, and safety standards regarding the Cafe. In addition, School Board agrees to notify immediately the City's Police Department or other appropriate authorities, at any time the School Board becomes aware of any criminal activity in the Cafe area. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. Venue for any dispute pertaining to this Agreement shall lie exclusively in Pinellas County, Florida. 25. Advertising. School Board shall not advertise any business not operated at, on, or from the Premises without the prior written consent of the City. 26. Public Area. School Board agrees that the Premises shall be utilized as a public activity area. The City may restrict any activity, including but not limited to entertainment, promotions, items for sale or fees by School Board on the premises that are not acceptable as determined by the City in its sole discretion. Failure of the School Board to make any changes required by the City will result in default and City shall be entitled to all the remedies provided for in this Agreement. 28. BLANK. 29. Miscellaneous. a. Waiver. One or more waivers of any covenant or condition by the City shall not be construed as a waiver of a subsequent breach of the same covenant or condition and the consent or approval by the City to or of any act by the School Board requiring City's consent or approval shall not be construed as consent or approval to or of any subsequent similar act by the School Board. b. Observance of Laws. School Board agrees to observe, comply with and execute promptly at its expense during the term hereof, all applicable laws, rules, requirements, orders, directives, codes, 10 Item # 16 Attachment number 1 Page 11 of 14 ordinances, and regulations of any and all governmental authorities or agencies, of all municipal departments, bureaus, boards and officials, of all County, State, Federal boards or agencies, and all insurance carriers, due to the use or occupancy of the Demised Premises. All additions, alterations, installations, partitions, or changes shall be in full compliance with the aforementioned authorities. c. Access to Premises. City shall have the right to enter upon the Premises at all reasonable hours for the purpose of inspecting or conducting tests upon the same, or for making repairs to the demised Premises or to any property owned or controlled by the City therein. Such repairs shall not unduly interfere with School Board's business, except as is naturally necessitated by the nature of the repairs being affected. d. Construction of Agreement. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders, as appropriate. Any changes in the applicable laws that govern this Agreement will necessitate a change in terms and conditions, which may be, affected thereby, at the time such changes may arise. "Days," for purpose of this Agreement, means calendar days. e. Surrender at End of Term: Upon expiration of the term hereof or sooner termination of the Agreement, School Board agrees to surrender and yield possession of the demised Premises to the City, peacefully and without notice, and in good order and condition, broom clean condition, but subject to ordinary wear and reasonable use thereof. f. Successors and Assigns: The covenants, provisions and agreements herein contained shall in every case be binding upon and inure to the benefit of the parties hereto respectively and their respective heirs executors, administrators, successors and assigns, as applicable. g. Hazardous Substances: School Board shall not cause the introduction of any Hazardous Substances on or in the Premises. School Board shall not do, nor allow anyone else to do, anything affecting the Premises that is in violation of any Environmental Law. School Board shall promptly give City written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Premises and any Hazardous Substance or Environmental Law of which School Board has actual knowledge. If School Board learns or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance 11 Item # 16 Attachment number 1 Page 12 of 14 affecting the Premises is necessary, School Board shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Paragraph 29,"Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this Paragraph 29, "Environmental Law" means Federal laws and laws of the jurisdiction where the Premises is located that relate to health, safety or environmental protection. h. Unforeseen Question: The City and the School Board agree that in the event of unforeseen questions arising of the relationship of the parties in connection with the School Board's use of the Premises, the question will be settled in writing between the respective administrative head of each entity or their respective designee for resolution of such questions concerning this Agreement. In the event that the unforeseen question is not resolved, either party may elect to have the dispute heard before a court of local jurisdiction according to paragraph 24 of this Agreement. i. Headings: The headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope of the intent of this Agreement or any part hereof, or in any way affect the same, or construe any provision thereof. [Remainder of page intentionally left blank] 12 Item # 16 Attachment number 1 Page 13 of 14 Entire Agreement: The Agreement as hereinabove set forth, including all exhibits and riders, if any, incorporates all covenants, promises, agreements, conditions and understandings between the parties, and no covenant, promises, agreement, condition or understanding, either written or oral, not specifically set forth herein shall be effective to alter the performance or the rights of the parties as hereinbefore stated. IN WITNESS WHEREOF, said City of Clearwater, Florida, acting by and through its governing body, the City Council of Clearwater, Florida, its corporate seal affixed, attested by the Clerk of said City acting as City Clerk of Clearwater, Florida; and said School Board of Pinellas County Florida acting by and through the Pinellas County School Board, has caused this Agreement to be executed in its name and on behalf by its Chairperson, and its seal attached, and this agreement is executed as of the date first above written. Signed: Frank V. Hibbard, Mayor Approved as to form: CITY OF CLEARWATER, FLORIDA BY. William B. Horne II, City Manager Attest: Camilo A. Soto, Assistant City Attorney Cynthia E. Goudeau, City Clerk Witness: SCHOOL BOARD OF PINELLAS COUNTY By Name Dr. Julie M. Janssen, Superintendent of Schools Approved as to form: Office of General Counsel 13 Item # 16 Attachment number 1 Page 14 of 14 EXHIBIT A 14 Item # 16 Attachment number 2 Page 1 of 2 Exhibit A, Cafe (Premises) Overview The cafe has a prominent location in the northwest corner of It e first floor of the new Main Library. Adj scent to the atrium formed by the .?4:Irand Stair, the 1,715 square foot cafe seating area will accommodate 30 t(;. 40 individuals seated at tables and/or benches. The west wall is a floor-to- ceiling curtain wall of glass that extends to the third floor, wi.tl-. balconies overlooking the interior cafe seating area from the second flour. Four sets of double doors open from the cafe seating area onto a 3,143 square foot west terrace secured by a 4-foot wall, topped by a tailing. The terrace is surrounded by attractive landscaping and shaded b.5 majestic roof awning. Here, cafe customers and all library v'isitor's can enjoil the indescribable view of Coachman Park, Clearwater Harbor and f he beaches beyond. A 432 square foot food preparation area is located on the sou:'t'i end of the cafe area, separated from seating by a doorway and the anticil;-Jed cafe service bar. The east side of the cafe opens onto the Library's main conceiir-se and is adjacent to the bookstore/gift shop that will be operated by tbe, Friends of the Clearwater Library. Across the main concourse from the cafe are meeting facilities that will accommodate 290 participants. These facilities include a conference room and a large multipurpose meeting rooin capad:yle of being divided into two distinct meeting areas. These meeting spaces, along with the rooftop terrace and the fourth floor Special Collections ar e,1, will be heavily used by both library and community groups. Thus, a sit rong potential exists for meeting and special events catering opporLu aities. The cafe is approximately 120 feet from the Popular Materials ".ibrary, the Reader's Advisory Desk and the Circulation Desk, all located. r ear the Library's entrance at the SE corner of the first floor. Total cafe sq. footage; 2,147 interior SF includes food preparatJ on area and cafe seating area; an additional 3,143 SP of exterior sp-ating spzi ce exists on the west terrace. Item # 16 CO/CO 39Vd S-1do LLGVZ99LZL ZE:ZZ OZOZ/8Z/EO Attachment number 2 Page 2 of 2 EXHIBIT A Blueprint/First floor Main Library including cafe ai,aa Item # 16 EO/ZO 39VJ S-1do LLGVZ99LZL TE:ZZ OZOZ/8Z/CO Attachment number 3 Page 1 of 2 OF CITY OF CLEARWATER LIBRARY SYSTEM sgfy. ?o? ATEW CODE OF CONDUCT The Clearwater Public Library System strives to provide the highest level of service to all library users. The following rules are set in place to protect the right of library patrons to enjoy a safe environment, conducive to the use and enjoyment of library materials and services. The United States Court of Appeals decision (Kreimer vs. Bureau of Police for the Town of Morristown, 1992) found that a library is a "limited public forum" created for the specific purpose of providing public access to materials. Further, the library may draft rules of behavior to assure that the library is used for the general purposes for which it is intended. RULES: 1. The Clearwater Public Library System shall uphold all state laws and local ordinances in regard to public behavior. Suspected illegal activity will be reported to the police immediately. 2. Patrons shall be engaged in activities associated with the use of a public library while in the building. 3. The following list of activities not associated with the use of a public library are specifically prohibited: • Using or bringing in alcohol or illegal substances, smoking or using tobacco products • Sleeping • Eating except in designated areas or drinking except when using covered containers • Bringing animals inside the library (except service animals) • Bringing personal articles into the library that do not fit comfortably under a desk chair. Items needed for library research and necessary human conveyances such as wheelchairs and strollers are not prohibited. • Leaving bicycles in any area except designated rack • Skating and related activities, including scooters, inline skating, roller skating, etc. • Abusing or vandalizing library facilities or equipment • Disarranging library furnishings or materials • Damaging/mutilating/cutting pages from library materials or equipment • Using restrooms for washing clothes or bathing • Entering nonpublic areas such as staff work rooms, offices and storage areas • Petitioning, panhandling, or distributing materials within the library. • Obstructing or impeding the entrance of the Library • Using or attempting to use the library card of another person without written permission of the card holder. • Intoxication Item # 16 Attachment number 3 Page 2 of 2 4. All personal items must remain with the owner. 5. Patrons shall respect the rights of other patrons and staff and shall not engage in behavior so as to unreasonably disrupt another patron's or employee's use of the library by: • Noisy or boisterous activities • Playing audio equipment so that others can hear it • Singing or talking loudly to others or in monologues • Soliciting funds or offering any goods or services for sale (unless authorized by the Library Director) • Maintaining bodily hygiene that is so offensive as to constitute a nuisance to other persons in the library • Verbally or physically harassing other patrons, volunteers or staff, including stalking, staring or lurking. • Verbal intimidation of staff, volunteers or other patrons. 6. Patrons shall not interfere with another person's use of the library or with the library personnel's performance of their duties. Disruptive behavior that compromises the use of the library will not be tolerated. 7. Patrons shall wear appropriate attire, including shirt and shoes. 8. Children under the age of seven must be accompanied and visually monitored by a parent/guardian or responsible caregiver. a. Responsibility for all children using the library rests with the parent / guardian or assigned chaperon and not with the library personnel. b. The Youth Services area is intended for use by children and their parents or caregivers. Adults not requiring immediate access to children's materials shall be required to relocate to other areas of the library. c. Children must not be allowed to abuse computers or other equipment. 9. Patrons shall promptly leave the building at closing time or in an emergency. 10. Any person violating any of these rules shall be required to leave the premises for the remainder of the business day. A repeat violator who commits multiple violations during the same calendar year may be trespassed for 30 days, 6 months, or 1 year pursuant to the procedures contained in the NOTICE OF SUSPENSION AND NOTICE OF TRESPASS attached to this Code of Conduct. A patron who refuses to leave under these circumstances or who returns to the library during the period that the patron has been trespassed from the library is trespassing; and staff will seek assistance from the police, if necessary. Item # 16 ?- Meeting Date:3/31/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve demolition of a 2,694 square foot masonry structure located at 105 East Avenue North with City Manager flexibility funds not to exceed $11,600. (consent) SUMMARY: In 1955, the City constructed a 2,694 square foot building located at 105 East Avenue. The building has been used for a variety of purposes including office space, storage, and most recently a storage and work space for the Special Events Division. Special Events has since consolidated their various storage facilities and operations into the renovated Armory Building located on N. Missouri Avenue and no longer need the East Avenue facility. Staff has determined that there is no longer a City need for this building and since it is over 55 years old it should be demolished. All the privately owned land surrounding this structure has been cleared and is for sale. Staff is also recommending that the asbestos survey, asbestos removal and demolition be funded from the City Manager's flexibility funds not to exceed $11,600. The City will obtain quotes and award a contract for the demoliton. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $11,600 Not to Exceed: $11,600 For Fiscal Year: 2009 to 2010 Budget Adjustment: No Annual Operating Cost: -0- Total Cost: $11,600 Appropriation Code Amount Appropriation Comment 0-181-99804-560600-519- $11,600 000-0000 Review 1) Office of Management and Budget 2) Parks and Recreation 3) Office of Management and Approval: Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 17 ?- Meeting Date:3/31/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the submission of a grant application to the Florida Department of Environmental Protection Office of Greenways and Trails (OGT) for a Recreational Trails Program grant in the amount of $200,000 for the construction of trails within the Lake Chautauqua Equestrian and Nature Preserve. (consent) SUMMARY: The current funding cycle for Office of Greenways and Trails grants concludes March 31, 2010. The City has successfully secured this grant in the past and is desirous of submitting a grant application in this next grant cycle. The approval of this grant application and the construction of trails within the Lake Chautauqua Equestrian and Nature Preserve is consistent with and required by the Management Plan as approved by the Florida Communities Trust. The City will be required to provide $200,000 in matching funds which are available in CIP 315-93272, Recreation Trails. The grant will allow the City to leverage existing funds allocated to recreational trails in the Capital Improvement Program. Future maintenance of the trails will be provided through the adopt-a-park program volunteers and existing park maintenance staff. There will be no additional FTE requirements. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: FY 09/10 - $50,000 FY 10/11 - $150,000 Current Year Cost: $50,000 Not to Exceed: $200,000 For Fiscal Year: 2009 to 2011 Appropriation Code Amount 315-93272 $200,000 Budget Adjustment: No Annual Operating Cost: -0- Total Cost: $200,000 Appropriation Comment See comments in budget adjustment comments Bid Required?: Yes Bid Number: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 18 ?- Meeting Date:3/31/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an increase to purchase order BR505766 (Contract) for Liquid Sodium Hypochlorite with Allied Universal Corporation of Miami, FL, in the amount of $92,556.29 for a new total contract value of $214,056.29 and extend end date from April 1, 2010 to September 13, 2010 and authorize the appropriate officials to execute same. (consent) SUMMARY: Allied Universal was the low bidder for Liquid Sodium Hypochlorite in the City of Stuart, Invitation to Bid 2009-243 for the period September 14, 2009 through September 13, 2010. The subject contract will "piggy-back" the Stuart bid and provide liquid Sodium Hypochlorite for the permanent disinfection system in the Northeast Plant and odor control at all three (3) wastewater plants. The unit cost for the Stuart bid is $0.704/gallon, which is a 3.4% reduction from our current price of $0.729/gallon with the same supplier. Sufficient budget is available to fund FY2010 in the Water & Sewer Utility Fund operating cost center 0421-01351-551000-535- 000-0000, WPC Operations. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: 92556.29 Not to Exceed: For Fiscal Year: 2009 to 2010 Budget Adjustment: None Annual Operating Cost: Total Cost: 214,056.29 Appropriation Code Amount Appropriation Comment 0421-01351-551000-535-000- 92,556.29 0000 Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 1 Periods Original Start Date Begin Extension End Extension Number of Days in Extension Period Usages, Daily. NE Plant Usage for Disinfection Marshall Street Plant Usage for Odor Co East Plant Usage for Odor Control Total Costs; Per Gallon Subtotal per Extension Period Peak Flow Contingency Contract Increase cares nays canons Losrs 7/1/2009 4/1/2010 9/13/2010 165 623 ntrol 15 26 664 $ 0.704 $ 77,130.24 20% $ 15,426.05 Old Total Value of Contract, 7/1/09 to 3/31/10 New Total Value of Contract, 7/1/09 to 9/13/10 $ 92,556,29 274 $ 121,500.00 439 $ 214,056.29 Item # 19 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Elect Councilmember Doran to serve as Vice-Mayor. (consent) Meeting Date:3/31/2010 SUMMARY: The Charter requires, at the first meeting in April, the Council to appoint one of it's members as Vice-Mayor. Due to an adjustment in the Council schedule, the meeting that normally would have been held on April 1, 2010 is being held on March 31, 2010. While there is no requirement the appointment be rotated among Councilmembers, it has been Council's practice to do so. Councilmember Gibson is the current Vice-Mayor. Review Approval: 1) City Manager 2) Clerk 3) City Manager 4) Clerk Cover Memo Item # 20 ?- Meeting Date:3/31/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint to the Municipal Code Enforcement Board: Richard Avichouser with a term to be completed October 31, 2010 and James E. Strickland to a term to be completed October 31, 2012. (consent) 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: Ronald V. Daniels MEETING DATES: 4th Wed., 3 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBER RESIGNED FROM MCEB AND WAS APPOINTED TO CDB 2/4/2010 COUNCIL MEETING. 1. Kurt B. Hinrichs - 1029 Charles St., 33755 - Civil Engineer/Builder Original Appointment: 10/22/2009 (I't term to expire 10/31/2012) Resigned MCEB 2/17/2010 2. Ronald V. Daniels - 30 Turner Street, Suite 802, 33756 - Real Estate Acquisition/Development Resigned 3/25/2010 - (was serving 2nd term to expire 10/31/2012) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION BUT DO NOT MEET THE REQUIREMENTS FOR CATEGORIES NEEDED: 1. Richard Avichouser - 202 Windward Passage, #604, 33767 - Realtor/Investor Served two full terms in the past - received new application 9/23/2009 2. Bob Luna - 774 Snug Island, Island Estates, 33767 - Mortgage & Real Estate Broker 3. Louise C. Riley - 1620 Drew St., 33755 - Retired/Financial Planner 4. James E. Strickland - 1637 Cleveland St., 33755 - Ins. Claims Adjuster Zip codes of current members: 1 at 33759 2 at 33761 2 at 33767 Current Categories: 1 Attorney 1 Banker (Retired) 1 Civil Engineer Cover Memo Item # 21 I Consultant/BA Economics & Business 1 Executive Director/Clearwater Beach Chamber of Commerce Review Approval: 1) Clerk Cover Memo Item # 21 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 # 21 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 # 21 Attachment number 2 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 # 21 Attachment number 2 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 # 21 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Attachment number 3 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 # 21 P Attachment number 3 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 # 21 Attachment number 4 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: JA/K F_S E • STR r c.k (,I rJ Home Address: 163-7 CZ-crreC,ifVn SM r C&AILw-ordiz zin 33?55 Telephone: -72-y 9V2- 6 Pa-7 How long a resident of Clearwater? ?/ 'f,4 -' Occupation: JAIS • C7UO(s A0JVJr62. - /N1161) 4-4 Field of Education: /?iCls+s62(i?-t6N (.viH?YINV?f'? ?6?/t?'b /Na 6-- Employer: ST/lrc&4-0 -Fl'TC,vt,L 67.1-0j Other Work Experience: P/1 oPe2r-L, 7Nf,acZa???-L I.NS1y2o?c6- 4 A'0"rVfi'D 'i'0c&<s 1tWz&iP& 014jeale" CAcd,I' iT retirea, Tormer occupation: Community Activities: S Z4V,,0 dw Ot-1 of 1%"&W4fa4- g0e6r,7-0-rl ? ?w &A'0 6)c 0 ?/?' bS i d?? lG/? L UO? /t1 ??So?/iy7"iG?J Other Interests:/? %?sN'.Ur S'?irv? s Board Service (current and past): Board Preference: Cda E-4"UWnV';V Additional Comments: Signed: Ac- 0' pt9--o Date: 2-3- Z,7/0 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. RECEIVED MAR '01 2010 Office Address: X13 Sovr/4 Gs*A2k/ 0'2/ zip Telephone: 913 _37C 03? O ITICIAL RECORDS AN??D?? LE .31SLATIVE SRVCS DE" # 21 Attachment number 4 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 1 ?(c t 2y s c,-r- Co O f. 1/t b ?.o ? I cry c . Nn 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? t/6 s 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? j/ ((i?i lSL' !,VSPV V-lA- Iron- P ? /jw u1A,,jc ti- a ?1?y 4. Why do you want to serve on this Board? Name: Umo t ? /c. Board Name: A"NIC4 0- 60k •-4U M Item # 21 ?- Meeting Date:3/31/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Reappoint Joshua Bornstein as the Clearwater Arts Foundation representative and Alex Plisko, Jr. in the architect category to the Public Art and Design Advisory Board with terms to expire March 31, 2014. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Public Art and Design Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts Foundation and the Pinellas County Arts Council representatives MEMBERS: 7 Liaison: Parks & Recreation CHAIRPERSON: Joshua Bornstein MEETING DATE: Quarterly - (3rd Wed.) March, June, Sep., Dec. TIME/PLACE: Long Center APPOINTMENTS NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE REAPPOINTMENT FOR A NEW TERM. 1. Joshua Bornstein - 2925 West Coachman Ave., Tampa, FL 33611 - Contractor Original Appointment: 04/06/2006 (3) Absences in the past year Interest in Reappointment: Yes (I't term expires 03/31/2010) (Clearwater Arts Foundation) 2. Alex Plisko, Jr. - 2358 Barkwood Pass, 33763 - Architect Original Appointment: 04/06/2006 (0) Absences in the past year Interest in Reappointment: Yes (I't term expires 03/31/2010) (Architect) No other applications on file. Artistseat still pending - Sarah C. Butz resigned in Nov. 2009 Zip codes of current members: 1 -33713 2 - 33755 1 - 33761 1 - 33764 1 - 33767 Current Categories: 1 Architect 3 Citizens 1 Clearwater Arts Foundation 1 Pinellas County Arts Council Cover Memo Item # 22 Review Approval: 1) Clerk Cover Memo Item # 22 Attachment number 1 Page 1 of 3 CITY OF CLEARWATER - APPLICATION FOR ADVISORY I/ED (must be Clearwater resident) Name: Joshua Bornstein Home Address: 2925 W Coachman Ave. Tampa Zip 33611 Telephone: 813-839-9087 Cell Phone: 727-418-5900 jbomstein@creativecontractors.com Employer: Creative Contractors Inc. How long a resident of Clearwater? n/a (I am exempted from the resident requirement as I serve on this board representing the Clearwater Arts Foundation) Occupation: commercial contractor Field of Education: Anthroooloav Marketing Sustainable Design/Construction If retired, former occupation: Community Activities: U.S. Green Building Council - Chapter President, Clearwater Arts Foundation - Board Member, Pinellas County Contractor Prequalification Committee, City of Clearwater Public Art & Design Board Other Interests: Family, Art, Music, Beach, Exercise, Boating and Kayaking, Surfing Board Service (current and past): Clearwater Reaional Chamber of Commerce U.S. Green Building Council - President Clearwater Arts Foundation Society for Marketing Professional Services Board Preference: Public Art & Design City of Clearwater - Public Art & Design - Chairman Additional Comments: I have served as Chairman of the Public Art & Design Board for the past three years, and I have enjoyed doing so. We have seen tremendous interest and enthusiasm from the community for visible public art projects including the Cleveland Street banners, and Art 360 on Sales - McGraw-Hill Education MAR 15 2010 Office Address: OFFICIAL RECORDS AND 620 Drew St. LEGISLATIVE SRVCS DEPT Clearwater Zip 33755 Telephone: 727-461-5522 E-mail Address: Other Work Experience: Teacher Item # 22 Attachment number 1 Page 2 of 3 Cleveland St. I am a firm believer in the power of well-suited public art to enhance the sense of place and identity special to Clearwater, and have learned a lot over the past three years. I would be honored to continue serving and bringing my experience and knowledge to this Board for the benefit of the City of Clearwater. Signed: Date: March 14, 2010 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 # 22 Attachment number 1 Page 3 of 3 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Having served on the Public Art & Design Board the past three years, I have a very good understanding of the duties and responsibilities of the board which serves primarily to lend oversight and governance for the Public Art program for the City of Clearwater, insuring that the Ordinance Guidelines are met. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yes 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Aside from my experience serving on the board the past three years, I work for Creative Contractors Inc. in Clearwater. This gives me keen insight into the development process which is very intrinsic to the public art process. I, personally, and Creative Contractors, corporately, are strong supporters of the arts in Clearwater and am passionate about the benefits the arts can play in a strong and well- rounded Clearwater. 4. Why do you want to serve on this Board? I am passionate about the positive ability public art has to enhance Clearwater's great quality of life and unique sense of place. Public art helps keep Clearwater culturally competitive which makes a big difference in economic development. To attract the best and brightest people and companies, Clearwater's cultural affairs (public art being a vital part of that) are en ever important factor. Public art is already enhancing the atmosphere of the City and provoking discussion and thought. This is a wonderful thing. Name: Joshua Bornstein Board Name: Public Art & Design Item # 22 Attachment number 2 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS ?( (must be Clearwater resident) Name: 44 L Home Address: '2`5 57 c4,3 15,49 <14 000 PA5 zip S170 Telephone: (po0o Cell Phone: ?_"1 D4"- (P G' © o Office Address: t7'?C>o Telephone: '72»7 -44-Z -720 U E-mail Address: OW6V1 w UCri t)r6tle How long a resident of Clearwater? ?P ?6A__F, Occupation: Ag?d / i c! Employer: ?G? NCO /sk -s?! G t?1S? Field of Education: t C?F Atet rVzy-4/ze Other Work Experience: If retired, former occupation: Community Activiti Other Interests: Board Service (current and past): '!?;O'wNawl 7-1 p5 yn5&1Q41-- 6 6 10y. i le, Ali r417 Board Preference: T'146L-1611, Vie"A?? St?n? Additional Comments: Signed: Date: e3 .- "f - ?C) 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. 0. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. RECEIVED MAR 00 2010 d ITICK RECORDS AND Item # 22 LE , 3ISLATIVE SRVCS DEPT Attachment number 2 Page 2 of 2 BOARD QUESTIONNAIRE What is your understanding of the board's duties and responsibilities? El? - ( G?u?»alrr?,? y XaO 12, E,46 Lac- Ag'" w f rylA-.l 0.4, G / 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? L,/ p; LQ5 4. Why do you want to serve on this Board? .,? ?/ .jC?'`? 1/?i.7? !? t?'f"li' r?•j 1? ? /? ?1.'1 i?'l?iO??Z+. i (ING? `?'?'>?" Name: At-gy, pz,14,P40 Board Name: geoo c, Ate- - moo Item # 22 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint Councilmembers as representatives on Regional and Miscellaneous Boards. (consent) SUMMARY: Regional and Miscellaneous Boards 2010 Appointments Board (Date/Time of Meeting) Delegate Area Agency on Aging of Pasco/Pinellas Kerry Kimball (bi-monthly - 1:30 p.m. 2nd Monday) Office on aging Mgr Barrier Island Governmental Council Cretekos (4th Wednesday - 9:00 a.m. - location TBA for each meeting) Doran - Alt. Courtney Campbell Scenic Highway Citizen Advisory Committee Jonson (3rd Friday -11:00 a.m.) Homeless Leadership Network Gibson Doran Mayor's Council of Pinellas County Hibbard (1st Wednesday -11:30 a.m.) Pinellas Collaborative Committee Cretekos (1st Wednesday - 9:00 a.m.) School Transportation Safety Committee Cretekos (1st Wednesday - 9:00 a.m. - every other month) Suncoast League of Cities Board Cretekos Tampa Bay Estuary Policy Board Gibson (Quarterly - 1:30 p.m.) Councilmember highly recommended Tampa Bay Partnership Board of Governors Hibbard (as called) Doran - Alt Tampa Bay Partnership Policy Board Hibbard (bi-monthly - 9:00 a.m.) Tampa Bay Regional Planning Council (TBRPC) Jonson (2nd Monday - 10:00 a.m.) American Public Gas Association Cretekos The following Boards have the specific term expiration date noted: Meeting Date:3/31/2010 Cover Memo Item # 23 Board (Date/Time of Meeting) Delegate Metropolitan Planning Organization (MPO) Hibbard (2nd Wednesday -1:00 p.m.) (term expires 9/12/2013, four-year term) Pension Advisory Committee (PAC) Cretekos (2nd Thursday - 9:00 a.m.) 4/4/2011 (two-year term) Gibson 4/4/2012 Doran 4/4/2012 Pinellas Planning Council (PPC) Doran (3rd Wednesday - 9:00a.m.) (term expires 12/31/2010, two-year term) Pinellas Suncoast Transit Authority (PSTA) Jonson (4th Wednesday - 9:00 a.m.) (term expires 9/30/2012, three-year term) Sister Cities Advisory Board Cretekos (term expires 12/31/2010; four-year term) Appointments by other entities Convention Visitors Bureau (CVB) (aka TDC) Hibbard (County makes appointment) - Exp. 10/31/12 Downtown Development Board Ex-Officio Members Gibson (CRA Trustees) Doran Florida League of Mayors Hibbard Main Street Joint Venture Doran (Quarterly) U.S. Conference of Mayors Hibbard WorkNet Pinellas Board Cretekos (term expires 6/30/2011; two-year term) Review Approval: 1) Clerk Item # 23 Cover Memo City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/31/2010 Accept Sovereignty Submerged Land Lease 520345063 with the Florida Department of Environmental Protection, Bureau of Public Lands for use of state owned land under three boat slips to be used for mooring fire and rescue vessels at 700 Bayway Blvd,authorize the appropriate officials to execute same and adopt Resolution 10-10. SUMMARY: The Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State of Florida Department of Environmental Protection, Bureau of Public Lands requires the City of Clearwater to accept a lease instrument for use of a parcel of sovereign submerged land in Section 17, Township 29 South, Range 15 East, in Clearwater Harbor, Pinellas County, containing 2,819 square feet, more or less. Accepting this lease for submerged lands authorizes the City of Clearwater to use State owned bottomland for the City of Clearwater's three boat slips located at 700 Bayway Blvd in the Clearwater Harbor. The term of the lease is five years from November 6, 2009, expiring November 5, 2014. The 3-slip docking facility with a boat lift is exclusively to be used for mooring of rescue vessels in conjunction with an upland fire and rescue station. Type: Other Current Year Budget?: None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: to Review Approval: 1) Financial Services 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 24 Attachment number 1 Page 1 of 2 RESOLUTION NO. 10-10 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ACCEPTING SOVEREIGNTY SUBMERGED LAND LEASE NO. 520345063 WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA; AUTHORIZING EXECUTION BY THE MAYOR AND APPROPRIATE OFFICIALS OF THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater, Florida ("City") is operating a three slip docking facility with a boat lift at 700 Bayway Blvd over sovereign submerged lands of the State of Florida in the Intercoastal Waterway of Clearwater Harbor; and, WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIIF) have administrative authority over such sovereign lands; and, WHEREAS, the State of Florida Bureau of Public Land Administration of the State Department of Environmental Protection has prepared and delivered a lease document effective November 6, 2009 for a period of five years to the City identified as Sovereign Submerged Lands Lease No. 520345063; and, WHEREAS, said lease agreement has been duly considered by the City Council; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City hereby enters into Sovereign Submerged Lands Lease No. 520345063 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for a lease through November 5, 2014. Section 2. The Mayor of the City of Clearwater and other appropriate officials, as applicable, are authorized to execute said lease in the form attached hereto as EXHIBIT "A". Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2010. Frank V. Hibbard Mayor Approved as to form: Laura Mahony Attest: Cynthia E. Goudeau Resolution roe#G4 Attachment number 1 Page 2 of 2 Assistant City Attorney City Clerk Resolution Note ? 4 Attachment number 2 Page 1 of 13 This Instrument Prepared By: Tiana Brown Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE BOT FILE NO. 520345063 PA NO. 52-0294534-001 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to City of Clearwater, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in Sections 17 , Township 29 South, Range 15 East, in Clearwater Harbor, Pinellas County, containing 2,819 square feet, more or less, as is more particularly described and shown on Attachment A, dated June 26, 2009. TO HAVE THE USE OF the hereinabove described premises for a period of 5 years from November 6, 2009, the effective date of this lease. The terms and conditions on and for which this lease is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 3-slip docking acility with a boat lift exclusively to be used for mooring of rescue vessels in conjunction with an upland fire and rescue station, without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and without liveaboards as defined in paragraph 24, as shown and conditioned in Attachment A, and the State of Florida Department of Environmental Protection, Consolidated Environmental Resource Permit No. 52-0294534-001, dated November 6, 2009, incorporated herein and made a part of this lease by reference. The construction of the structures described in Attachment A shall be completed within the initial term hereof or within the first 5 years of the initial term if the initial term is for a period greater than 5 years. The failure to complete the construction of all authorized structures within this time period shall constitute a material breach of the lease causing the lease to automatically terminate upon the expiration of the initial term or first 5 years, whichever is sooner, without any right of renewal. All of the foregoing subject to the remaining conditions of this lease. [ 29 1 Item # 24 Attachment number 2 Page 2 of 13 2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the State of Florida Department of Environmental Protection, Consolidated Environmental Resource Permit. The Lessee shall not change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi-family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips, etc.), shall not change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit, or shall not change the type of use of the riparian uplands without first obtaining a regulatory permit/modified permit, if applicable, and the Lessor's written authorization in the form of a modified lease,the payment of additional fees, if applicable. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21.011(1)(b)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18-21.011, Florida Administrative Code, and if applicable, remove any structures which may no longer qualify for authorization under this lease. 3. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 4. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 5. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re-sold. 6. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain a leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. 7. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terns, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 8. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. C11 9. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any su h ligation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida. Attachment number 2 Page 3 of 13 10. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Clearwater, Florida P.O. Box 4748 Clearwater, F133758 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 13. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 14. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided. 15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. Item # 24 Attachment number 2 Page 4 of 13 17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the riparian upland property more specifically described in Attachment B , which shall run with the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in interest. 18. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 8 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the interest of the Lessee in the riparian upland property enforceable in summary proceedings as provided by law. 20. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which contains the O.R. Book and pages at which the lease is recorded. 21. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 22. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the facility. 23. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in al Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida St tues, a d s4a11 subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, -C r., ..r --A-4 h...,,o.,o,- i-b.+ --h -+;_;+;- A-11 „,.r ...,....4 ?ho -4-A- A 1- +1- -a.-+ Attachment number 2 Page ,5 of 13 24. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (ALOE) permit if it is required by the ALOE. Any modifications to the construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 25. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 26. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 27. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. 28. SPECIAL LEASE CONDITIONS: A. The Lessee shall prohibit any mooring, on either a temporary or permanent basis, along the west side of most western 28 foot long pier and along the east side of the 22 foot long most eastern pier. To ensure compliance, the Lessee agrees to place and maintain: (1) a 3-foot high railing along the west side of most western 28 foot long pier, and along the east side of the 22 foot long most eastern pier, and (2) signs advising boaters that mooring either on a temporary or permanent basis is prohibited. B. Any vessel moored at the docking facility, on either a temporary or permanent basis, shall be wholly located within its designated wet slip as depicted on Attachment A and no portion of a vessel may extend beyond the leased premises. Vessel length shall be measured as overall length including all parts and accessories such as outboard motors, bow pulpits, and swim platforms. -11 WITNESSES: Original Signature Print/Type Name of Witness Original Signature Print/Type Name of Witness STATE OF FLORIDA COUNTY OF LEON Attachment number 2 Page 6 of 13 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) BY: Jeffery M. Gentry, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida "LESSOR" The foregoing instrument was acknowledged before me this _ day of , 20_, by Jeffery M. Gengy Operations and Management Consultant Manager, Bureau of Public Land Administration Division of State Lands State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. APPROVED AS TO FORM AND LEGALITY: DEP Attorney Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. WITNESSES: Original Signature Original Signature of Executing Authority Typed/Printed Name of Witness Original Signature of Executing Authority Title of Executing Authority Typed/Printed Name of Witness STATE OF COUNTY OF "LESSEE" Item # 24 The foregoing instrument was acknowledged before me this day of 20 , by Frank V. Hibbard as Mayor, for and on behalf of Cites Clearwater, Florida. He is personally known to me or who has produced , as identification. Attachment number 2 Page 7 of 13 Resolution No. 10-10 Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Sovereignty Submerged Lands Fee Waived Lease No. 520345063 Countersigned: Frank V. Hibbard Mayor Approved as to form: Laura Mahony Assistant City Attorney STATE OF FLORIDA ) COUNTY OF PINELLAS ) CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Cynthia E. Goudeau City Clerk The foregoing instrument was acknowledged before me this day of 20_, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is personally known to me. Print/Type Name: Notary Public STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of ,20 ' , by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally known to me. Print/Type Name: Notary Public Page 6b of 12 pages Sovereignty Submerged Lands Lease No. 520345063 Item # 24 Attachment number 2 Page 8 of 13 Section 17, Township 29 South, Range 15 East Quad - Clearwater, 178-B, 1987 700 Bayway Blvd, Clearwater, Fl 33767 Attachment number 2 SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FLORIDA PROJECT LOCATION S CiU 8,q GULF OF ?Fw q> w? MEXICO e??o ,.? SAND m CLEARWATER KEY HARBOR PARK c ) LOCATION MAP LEGAL DESCRIPTION: (NOT TO SCALE) UPLAND (PER CLIENT - FOR REFERENCE ONLY): Qy? "LOT 24, BLOCK A, BAYSIDE SUBDIVISION NO. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 38, PAGE 38 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA." PROPOSED SUBMERGED LAND LEASE: A PARCEL OF LAND LYING WITHIN CLEARWATER HARBOR IN SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LOT 24, BLOCK A, BAYSIDE SUBDIVISION NO. 5, AS PER MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 38, PAGE 38 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 24 AND ALONG THE APPROXIMATE MEAN HIGH WATER LINE OF CLEARWATER HARBOR ALONG THE ARC OF A CURVE CONCAVE NORTHERLY, SAID CURVE HAVING A RADIUS OF 1000.00 FEET, A DELTA ANGLE OF 02'55'19", AN ARC LENGTH OF 51.00 FEET AND A CHORD BEARING AND DISTANCE OF N73'36'1 2"W, 50.99 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY AND APPROXIMATE MEAN HIGH WATER LINE N16*39'18"E FOR 55.00 FEET; THENCE S73'36'1 2"E FOR 50.99 FEET; THENCE S16'39'18"W FOR 55.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,819 SQUARE FEET, MORE OR LESS CERTIFIED TO: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND WOODS CONSULTING SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THE INFORMATION SHOWN HEREON IS A TRUE REPRESENTATION OF A SPECIFIC PURPOSE SURVEY, PERFORMED UNDER MY DIRECT SUPERVISION AND MEETS THE INTENT OF THE MINIMUM TECHNICAL STANDARDS AS SET FORTH IN CHAPTER 61 G 17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. SUNRISE SURVEYING & MAPPING SERVICES LLC, LB NO. 7710 DATE lD 7to 03 CYNTHIA E. KNOPKA PROFESSIONAL LAND SURVEYOR NO. 6070 STATE OF FLORIDA SPECIFIC PURPOSE SURVEY - THIS IS NOT A BOUNDARY SURVEY- THIS IS NOT A FIELD SURVEY. SUNRISE SURVEYING & 700 BAOYWAY BOUB VARDDC EARW TER, FL MAPPING SERVICES LLC PID:17/29/15/05004/001/0240 DRAWN BY: CEK DWG DATE: May 22, rev:Jun 1 142 2ND AVENUE S • ST PETERSBURG, FL 33715 Jun( PHONE: 727.631.9754 • WEB: WWW.SUNRISESURVEYING.COM APPROVED BY: CEK FIELD DATE. @ l#j24 E-MAIL: SUNRISESURVEYING@TAMPABAY.RR.COM ?"? FILE NAME: 09121-LL.DWG PAGE: 1 OF 2 Attachment number 2 SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FLORIDA THE SUR .-'PICTED IS NOT F- a ,3 36'12" f R Q?' 4 O , ,? ze PROPOSED c; LIFT / O i ISTIN ? [v LIFT o O 0 / 0 IS TI ro t I . LIFT PROPOSED PROPOSED -^a- i 10 0 DOCK? l CO LEASE LINE AT RIPARIAN LINE 2' C? Cj 8.0' APPROXIMATE MEAN 1p• 0' LOT 23 HIGH WATER LINE AT Ep jf FACE OF SEAWALL EAb, - LOT 24 POB BLOCK A 'F/ NE CORNER LOT 24 BAYSIDE SUBDIVISION NO. 5 LAT: 27 58'02.8" (PLAT BOOK 38, PAGE 38) LONG: 8 2'49'24.1 #700 BAYWAY BOULEVARD PID:17/29/15/05004/001/0240 / LOT 25 CURVE TABLE CURVE DELTA RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH Cl 02.55'19" 1000.00' 51.00' N 73.36'12" W 50.99' MAP NOTES: LEGEND 1. NORTH ORIENTATION SHOWN HEREON IS ASSUMED: LAT LATITUDE - SCALED 2. REPRODUCTIONS OF THIS SURVEY ARE NOT VALID UNLESS EMBOSSED WITH THE LB LICENSED BUSINESS UNDERSIGNED SURVEYOR'S SEAL. LONG LONGITUDE - SCALED 3. PROPOSED INFORMATION SHOWN HEREON PER DESIGN PROVIDED BY WOODS CONSULTING. MHW MEAN HIGH WATER 4. NO SHORELINE VEGETATION WAS OBSERVED ON THE PROJECT SITE. I'L PROPERTY LINE 5. SHORELINE 1000 FEET IN EITHER DIRECTION OF SITE IS 100% SEAWALL. POB POINT OF BEGINNING 6. MHW LINE SHOWN HEREON IS APPROXIMATE ONLY & IS NOT INTENDED TO DEPICT THE SF SQUARE FEET LEGAL BOUNDARY BETWEEN PRIVATE AND STATE LANDS. TYP TYPICAL 7. TOTAL LINEAR FEET OF SHORELINE OWNED BY RIPARIAN UPLAND OWNER IS 60 FEET±. t APPROXIMATE ONLY SPECIFIC PURPOSE SURVEY - THIS IS NOT A BOUNDARY SURVEY - THIS IS NOT A FIELD SURVEY. SUNRISE SURVEYING & PROPOSED SUBMERGED LAND LEASE 700 B AYWAY BOULE VARD, C EARW TER, FL MAPPING SERVICES LLC PID:17/29/15/05004/001/0240 M 22 1 142 2ND AVENUES ST PETERSBURG FL 33715 DRAWN BY: CEK DWG DATE: ay , 2009 rev: June 26, 2009 , Y, - PHONE:. 727.631.9754 • WEB: WWW.SUNRISESURVEYING.COM APPROVED BY: CEK FIELDD TE: EMAIL: SUNRISESURVEYING@TAMPABAY.RR.COM FILE NAME: 09121-LL.DWG PAGE: 2 pF 2 Attachment number 2 Page 1.1 of 13 871i'l935 fi' E4? ,.? t 9,97 ;{,twit:-. v• u?•• PERSONAL REPRE'SENTATIVES' DEED THIS INDENTURE, Made this day of li 6 MAI )1194 14 PH'87 between JOHN S. WAGSTAFF, MICHAEL A. SPIRTOS, GARY W. LYONS, SYD SNAIR and HENRY HENRIQUEZ, of Pinellas County, Florida, as Personal Representatives of the Estate of LOUIS ALFXANDFR VANRCH, ajk,la LOUIS A. VANECH, Deceased, Party of the First Part, and CI'T'Y OF C:LEARWATER, FLORIDA , whose mailing address is: P.O. Box 4748, Clearwater, Florida 33518 , Party of the Second Part: cv If, IWI.140 71 4. :F9A8i ail tl.Sl] W I T N E S S. E T H: TMAL 0.90 CASH WHEREAS, by his Last Will and Testament, the said LOUIS A. VANSCH did appoint JOHN S. WAGSTAFF, MICHAEL, A. SPIRTOS, GARY W. LYONS, SYD SNAIR and HENRY HENRIQUEZ as Personal Representatives of his Last Will and Testament; and t WEIEREAS,.said Testator did die a resident of Pinellas County, Florida, on August 11, 1585; and t= J WHEREAS, on August 14, 1985, the Last Will and Testament z -, C ':?;of said decadent was duly admitted to probate in the Circuit Court 4 L - _.for Pinellas County, Florida, Probate Division, in Probate number `SC'E85-5145-ES 043, and JOHN S. WAGSTAFF, MICHAEL A. SPIRTOS, GARY W. t ? LYONS, SYD SNAIR and HENRY HENRLQUFZ were appointed and qualified F w as Personal Representatives of said estate; j NOW THIS INDENTURE WITNESSETR, That in pursuance of the 1 authority granted them by Court. Order, and in consideration of the sum of Ten Dollars and other valuable considerations to therm in hand paid by Party of the Second Part, receipt whereof is hereby acknowledged, the said Party of the First Part, as the duly qualified and acting Personal Representatives aforesaid, do hereby grant, bargain, sell and convey to the said Party'of the Second Part, the following described property situate in the County of Pinellas, State of Florida: Lot 24, Block A, BAYSTDE SUBDIVISION NO. 5, and riparian rights, according to Plat Book 38, page 38, public records of Pinellas County, Florida. Subject to restrictions And easements of record and taxes for 1987 and subject to the conditions in the attached Exhibit "A" lIU 1l CTis?3 40 R?C X 46 Po V I# Total , 0 Cash 11-Gho ; 40 Recd 41 D5 43 In! Tot t Documennry Tax Pd. S...:.0- - - - $ .................... 1nt.u3iwe Tax Pd. Katto:n F. PBWsker. C0' N"'al County Dcputy Clerk By Item # 24 Attachment number 2 Page 12 of 13 M- c"19D nf, 998 TO HAVE AND TO HOLD the same unto the said Party o.f the Second Part, their heirs and assigns, in as full and ample manner as the same was possessed and enjoyed by the said LOUIS A. VANECH in his lifetime. IN WITNESS WHEREOF, the said party of the First Part, as Personal Representatives aforesaid, has hereunto set their hands and seals the day and year first above written. In the resence of: f ell r, if '. \ : \ -A : ! STATE OF FLORIDA COUNTY OF PINELLAS (SEAL) /? JOHN S. WAGSTAFF, Personal Representative of thy. estate of LOUIS A. VANECH, Deceased. (SEAL) MICHARL A. SPIRTOS, Personal Representative of the Estate of LOUIS A. VANECH, Deceased. 0.1 6 + (SEAL) GA?2i' 0 5', f ersonal Represen ativ of the Estate of LOUIS A. VANECH, Deceased. (SEAL) SYD_,SNAIR, Personal Representative of the Estate of LOUIS A. VANECH, Deceased. (SEAL) HENRY HENRTQUEZ, Personal Representative Of the Estate of LOUTS A. VANECH, Deceased. BEFORE ME, the undersigned officer, duly authorized to take acknowledgments and administer oaths, personally appeared, JOHN S. WAGSTAFF, MICHAEL A. SPIRTOS, GARY W. LYONS, SYD SNAIR and HENRY HENRIQUEZ, to me known and known by me to be the persons described in the foregoing instrument, and they acknowledged that they executed the same as their free act and creed for the purposes therein expressed. WITNESS my hand and official seal at Clearwater, said•,cbunty and state, this 7 c!? day of 1987. My Commission Expires: Notary Public ? POW! PUBLIC STATE OF FLORIDA MY COMMISSION EXPIRES JULY 2a 199? BONDED TH+w GENERAL INSURANCE VNP -2- Item # 24 Attachment number 2 Page 13 of 13 a.?,G]?Ora?? 9?9 EXHIBIT "A" TO DEED OF CONVEYANCE FROM THE ESTATE OF LOUIS A. VANECH TO THE CITY OF CLEARWATER This property is nevertheless conveyed upon the following conditions: the real property and improvements as may be situate thereon from time to time shall in perpetuity be used for a public purpose or purposes for the use, education and benefit of the citizens of Clearwater, including, but not limited to, a police substation involving customary police activities and other programs provided through such an entity, including but not limited to, public safety and information programs involving crime prevention, child abuse, rape intervention, drug.and alcohol abuse, neighborhood crime watch, juvenile diversion, the "Officer Friendly" program, and may not be sold, transferred or conveyed, in whole or in part, directly or indirectly to any entity or individual for a commercial enterprise or private ownership for any use whatsoever. This.restriction does not preclude the City of Clearwater from leasing space or sharing space with other governmental, regulatory or municipal or charitable bodies or entities, nor, after 20 years from the date hereof, does it prevent the City from selling the property for fair market value and paying the net proceeds received therefrom to the other charitable beneficiaries of said estate, then in existence, as the same have been, or were, determined in the probate court file in and for the Sixth Judicial Circuit for Pinellas County, Florida, Case No. 85-5145-ES 003, payment to be made on a prorata basis. As a further condition, the Grantee shall not raze the existing structure for a period of ten (10) years from the date hereof; provided, nevertheless, in the event the structure is substantially destroyed, or becomes or is rendered unsafe for occupation, through no fault of the Grantee, within the said 10-year period provided, Grantee shall not be 'obligated to rebuild the structure. As a further condition of this grant, the said Grantee shall at all times maintain in good condition a plaque or other visible evidence that the property was donated by Louise A. Vanech and/or is used in memory of the said Louis A. Vanech and the building shall be dedicated and. known as the Louis A. Vanech Building or Center. In the event the City of Clearwater should violate the terms and provisions of this Deed or the Court Order approving this transfer, then the property, together with any and all improvements situate thereon, shall thereupon immediately revert to the other charitable beneficiaries of said estate, then in existence, as the same have been, or were, determined in the probate court file in and for the Sixth Judicial Circuit for Pinellas County, Florida, Case No. 85-5145-ES 003. Item # 24 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/31/2010 Approve an agreement between the City of Clearwater and the Florida Department of Environmental Protection (FDEP) under Florida's Clean Vessel Act Grant Program in the amount of $88,548 for two (2) pumpout systems at the Downtown Boat Slips,authorize the appropriate offcials to execute same and adopt Resolution 10-09. SUMMARY: The City has received FDEP Agreement MV008 for Clean Vessel Act Grant Program CVA 09-552, confirming the City will receive $88,548.00 (75% of the Total Project Cost) for the construction, equipment purchase, and installation of two (2) pumpout systems for the Downtown Boat Slips on a cost reimbursement basis. The city portion $29,516.00 (25%) will come from Downtown Boat Slip CIP 93405. The cost of the project was estimated by Misener Marine as part of their design/build package. A midyear amendment will increase the budget for Capital Improvement Program (CIP) project 0315-93405 Downtown Boat Slips by $88,548 of FDEP grant funding. Sufficient budget in the amount of $29,516 is available in CIP 0315-93405, Downtown Boat Slips for total funding in the amount of $118,064 for pump outs. Appropriation Code 93405 Amount Appropriation Comment 118,064.00 Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 25 Attachment number 1 Page 1 of 1 RESOLUTION NO. 10-09 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING PROJECT AGREEMENT CVA 09- 522, MV008 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) UNDER FLORIDA'S CLEAN VESSEL ACT GRANT PROGRAM FOR THE CONSTRUCTION, EQUIPMENT PURCHASE, AND INSTALLATION OF TWO PUMPOUT SYSTEMS AT THE DOWNTOWN BOAT SLIPS; AUTHORIZING EXECUTION BY THE CITY MANAGER AND COUNTERSIGNED BY THE MAYOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater, Florida ("City") is constructing the Downtown Boat Slips and has applied to the Florida Department of Environmental Protection under Florida's Clean Vessel Act Grant Program for funding to install two pumpout systems; and, WHEREAS, the Florida Department of Environmental Protection has approved the request under Project Agreement CVA 09-552, MV008 for the construction, equipment purchase, and installation of two pumpout systems at the Downtown Boat Slips; and, WHEREAS, said lease agreement has been duly considered by the City Council; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Entry by the City into Project Agreement CVA 09-552, MV008 with the Florida Department of Environmental Protection. Section 2. The City Manager is authorized to execute said project agreement in the form attached hereto as EXHIBIT "A", with his signature to be countersigned by the Mayor. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2010. Frank V. Hibbard Mayor Approved as to form: Camilo Soto Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 25 Resolution No. 10-09 z N pp ? ?. , i to to I = I 347'-3' "o~ 3snvo Ivibow3w o _ o 0 i )1 0 a -k-11 / Il r aa ? ? ? ? ? a I j ? ° I I ? ° O Z L?A ? ?C m , of o _I ?, O ® o ? O ? ' ? O of ?o I O ? 1 O? 8' ? 50' S0' s- m 8 a ?b 0 wow ? iV Q N w z ?N oFw ? ?\ ?; a mO0 \ AC • t March 03, 2010 Attachment number 3 Page 1 of 29 C Y Cha li i C Florida Department r r e st of Governor Environmental Protection Jeff Kottkamp Marjory Stoneman Douglas Building Lt. Governor 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Michael W. Sole Secretary Ms. Catherine Yellin City Of Clearwater 25 Causeway Blvd. Clearwater, Florida 33767 RE: CVA 09-552, MV008 -- Project Agreements are enclosed for grantee signature. Dear Ms. Yellin: Your project funding has been approved for $88,548.00 (75% of the Total Project Cost), for the construction, equipment purchase, and installation two pumpout systems. The above referenced number has been assigned to your project. Please use these numbers with any further inquiries and correspondence. Enclosed are two original Project Agreements for signature under Florida's Clean Vessel Act Grant Program. After you review and understand the terms and conditions of the Project Agreement and Attachments, please sign both agreements. It is important that someone who is authorized to sign legal documents for your facility sign the contracts and return two Project Agreements immediately to secure funding for your project. After reviewing and signing, please return the Agreements to: Florida Department of Environmental Protection Office of Sustainable Initiatives Attn: Marylynn Carey Clean Vessel Act Grant Program 3900 Commonwealth Boulevard, MS 30 Tallahassee, Florida 32399-3000 More Protection, Less Process " www. dep. statefl. us Item # 25 Attachment num bgr 3 Page 2 of 29 t Ms. Catherine Yellin March 03, 2010 Page 2 As a reminder, no work may be started until your contract is fully executed and we inform you that you may start the work. Work or purchases made prior to the Agreement being fully executed by this office will not be reimbursed. When we receive the Project Agreements, they will be processed for execution. Before the beginning of any work, all local permits and DEP permits, as map be aaRplicable, must be obtained. There can be no reimbursement from grant funds without this documentation and prior approval. A grant award package containing instructions, one fully signed Project Agreement with Attachment(s), reporting forms and request for payment forms will then be sent to you. According to the Grant Agreement, the project is scheduled for a completion date of December 16, 2011. Should you have any questions, please contact my staff member, Marylynn Carey, at (850)-245-2849, and she will be glad to assist you. Sincerely, Ae?c'_ L-.xa? Brenda Leonard Program Manager Clean Vessel Act Grant Program Enclosures BL/ ml Item # 25 More Protection, Less Process " www. dep.statefl. us Attachment number 3 Page 3 of 29 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CLEAN VESSEL ACT GRANT PROGRAM DEP Agreement No: MV008 For CVA 09-552 PROJECT AGREEMENT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department" or "DEP") and the CITY OF CLEARWATER, whose address is Clearwater Municipal Marina, 25 Causeway Boulevard, Clearwater, Florida 33767, (hereinafter referred to as the "Grantee" or "Recipient"), a local government, to conduct Clean Vessel Act Grant, CVA 09-552, City of Clearwater Municipal Marina, approved under the Clean Vessel Act Grant Program (CFDA 15.616). WHEREAS, the Department is the recipient of federal financial assistance from the Department of Interior, U.S. Fish and Wildlife Service; and, WHEREAS, as the result of this Agreement the Grantee has been determined to be a subrecipient of federal financial assistance from the U.S. Fish and Wildlife Service. NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. The Agreement shall be performed in accordance with Public Law 102-587, Subtitle F, the Clean Vessel Act of 1992, and the Federal Clean Vessel Act Grant Program Guidelines (50 CFR Parts 80 and 85), which are hereby incorporated by reference as if fully set forth herein. 2. The Grantee agrees to conduct the project known as the Clean Vessel Act Grant, CVA 09-552, City of Clearwater Municipal Marina, in accordance with the terms and conditions set forth in this Agreement, the Scope of Work and Conditions, provided as Attachment A, and all exhibits and attachments referenced herein and made a part hereof. 3. By executing this Agreement, the Department certifies that a site visit has been conducted by Department personnel to verify and document that the project activities and location of the work described in Attachment A meet the categorical exclusion criteria under the National Environmental Policy Act (NEPA) and that activities conducted as a result of this Agreement will have no impact on any species listed in the NEPA criteria. The Department will maintain the site visit documentation in its files in Tallahassee in accordance with the conditions of the Department's source grant agreement with the U.S. Fish and Wildlife Service. 4. A. This Agreement shall become effective upon execution by both parties and shall remain in effect for a period of five (5) years from the date of project completion for the reporting requirements as identified in paragraph 7 of this Agreement. The Grantee must make project facilities available to the boating public for a minimum of five (5) years after the completion date of the project established above. However, it is understood and agreed that the Project shall be completed on or before December 15, 2011. B. In the event of a change in ownership, the Grantee is required to notify the Department in writing of such change no later than ten (10) days after the change in ownership occurs, and the Grantee is required to notify the new owner of this Agreement, the obligation to continue maintenance and operations as well as reporting for the remaining life of this Agreement prior to the change. The "Bill of Sale" or other official document transferring ownership shall include these grant requirements. Any change in ownership will require an amendment to this Agreement. Should the new owner refuse to assume the obligations as set forth in this Agreement, the original Grantee shall reimburse the Department for the value of the equipment as specified in 43 CFR, Part 12.72. DEP Agreement No. MV008, Page I of9 Item # 25 Attachment number 3 Page 4 of 29 , ' A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis an amount not to exceed $88,548 toward all eligible costs associated with the Project as described in Attachment A, Scope of Work and Conditions. Prior written approval from the Department's Grant Manager shall be required for changes between approved budget categories of up to 10% of the total budget amount. The Department Grant Manager will transmit a copy of the written approval and revised budget to the Department Procurement Office and the Department Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal amendment to the Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the U.S. Fish and Wildlife Service and/or the Florida Legislature. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Attachment B, Grant Payment/Match Request Form, an invoice, and supporting documentation. Supporting Documentation shall include an invoice on the Grantee's letterhead clearly marked as invoice; an itemized listing (by category) of all expenditures claimed, including the dates of service. Receipts and cancelled checks clearly reflecting the dates of service and back-up documentation, including any subcontractor invoices if applicable, shall be available upon request. The Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. Invoices for the deliverables described in Attachment A must explicitly reference the deliverables and the grant award amounts associated with each deliverable. Partial payments of project costs are allowed under this Agreement. The Grantee shall submit a final invoice to the Department no later than December 29, 2011, to assure the availability of funds for final payment. The final invoice shall be accompanied by a completed and signed Project Completion Form to be provided by the Department, an Operational Plan as described in the Operations section of Attachment A of this Agreement, a copy of the operational log required under Condition 8 of the Operations section of Attachment A, a photograph of the completed pumpout installation as well as a photograph of the pumpout logo sign and informational sign. Upon approval and payment of the final invoice, any funds remaining under this Agreement will be unencumbered. No travel expenses are authorized under the terms of this Agreement. C. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits) if applicable. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.coin/aadir'reference%5F<7uide and allowable costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at http:/./www.access.«po gov/nary!cfr/cfi--table-search hurl and OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230), A-21 (2 CFR 220); and administrative requirements can be found in OMB Circulars A-102 and A-1 10 (2 CFR 215) at http://www.wli house.gov/omb' irculars:index html#ntnnerical. D. The Grantee shall obtain at least three written quotes for the purchase of goods or services costing more than $2,500 and less than $100,000 and submit said quotes to the Department for review and approval of the quote amount prior to the commencement of any work under this Agreement. Written quotes shall be for items that are alike in function, operation and purpose. An explanation will be required whenever the Grantee elects to use the vendor quoting other than the lowest price. The Department has the right to reject all quotes and require additional documentation supporting the projected Project costs. The Department shall make no reimbursement from grant funds until this documentation has been provided and approved. Any purchase over $100,000 shall comply with the procurement requirements described in 43 CFR 12.76. E. The parties hereto understand and agree that this Agreement requires a cost sharing or match in the form of cash or third party in-kind, on the part of the Grantee. The match expended by the Grantee shall be at least 25% of the total amount actually expended on the Project. All cost sharing/match shall meet the federal requirements established in 43 CFR, Part 12 and OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230) and A-21 (2 CFR 220). DEP Agreement No. M V008, Page 2 of 9 Item # 25 Attachment number 3 Page 5 of 29 F. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by reference. Organization Type Applicable Cost Principles State, local or Indian tribal government. OMB Circular A-87 (2 CFR 225) Private non-profit organization other than (1) an OMB Circular A-122 (2 CFR 230) institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-122 as not subject to that circular. Education Institutions OMB Circular A-21 (2 CFR 220) For-profit organization including an organization 48 CFR Part 31, Contract Cost Principles and named in OMB A-122 as not subject to that Procedures, or uniform cost accounting standards circular. that comply with cost principles acceptable to the federal agency. Hospital 45 CFR Subtitle A - Appendix E to Part 74- Principles for Determining Costs Applicable to Research and Development Under Grants and Contracts with Hospitals 6. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 7. A. The Grantee shall submit progress reports on a quarterly basis until the Project completion date identified in paragraph 4.A. Progress reports shall describe the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 3l, June 30, September 30 and December 31. The Grantee shall utilize Attachment D, Progress Report Form, for submitting its progress report. Reports shall be submitted to the Department's Grant Manager no later than fifteen (15) days following the completion of the quarterly reporting period. The Department's Grant Manager shall have thirty (30) calendar days to review deliverables submitted by the Grantee. B. The Grantee shall submit quarterly, the gallons pumped, fees collected, vessels pumped, number of out of state vessels, and maintenance costs. This information shall be submitted to the Department on the form provided at: http:!i'www.dep.state.fl.us/cleanmarina/CVA/quarterly pumpout hun for a period of five years following the Project completion date identified in paragraph 4.A. This form shall be submitted quarterly to the Department's Grant Manager no later than fifteen (15) days following the last day of the reporting quarter beginning with the quarter during which the completion of the construction or installation of equipment occurred. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. C. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 1 19.07(1)(a), Florida Statutes. DEP Agreement No. MV008, Page 3 of 9 Item # 25 Attachment numbgr 3 Page 6 of 29 ' D. This Agreement may be terminated by the Department if written confirmation is received from the Grantee that the pumpout vessel or the pumpout equipment has been destroyed by an act of nature. 10. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circumstances. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. Take other remedies that may be legally available. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice of suspension or termination. Other Grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if the following apply. The costs result from obligations which were properly incurred by the Grantee before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancellable. 2. The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the termination takes place. G. The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689. H. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, the U.S. Fish and Wildlife Service, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five years following final disposition. 12. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. DEP Agreement No. MV008. Page 4 of 9 Item # 25 Attachment number 3 Page 7 of 29 B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit I when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section - .210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https://apps. fldfs. cony ifsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to Single Audit Act Reporting, Attachment F, attached hereto and made a part hereof, within four (4) months following the end of the Grantee's fiscal year. Attachment F should be submitted to the Department's Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399-3000. The Grants Development and Review Manager is available to answer any questions at (850) 245-2361. 13. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. C. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or interest in any third party without the mutual written agreement of the parties hereto. D. This Agreement is an exclusive grant and may not be assigned in whole without the written approval of the Department. 14. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients certify accordingly. C. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. DEP Agreement No. MV008, Page 5 of 9 Item # 25 Attachment number 3 Page 8 of 29 ' D. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 15. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this Agreement is identified below. Brenda Leonard Florida Department of Environmental Protection Office of Sustainable Initiatives 3900 Commonwealth Boulevard, MS#30 Tallahassee, Florida 32399-3000 Telephone No.: (850) 245-2847 Fax No.: (850) 245-2159 E-mail Address: Brenda.leonard@bde .statefius 17. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this Agreement is identified below. The Department must be notified in writing of any change in this information within thirty (30) days. Catherine Yellin City of Clearwater 25 Causeway Boulevard Clearwater, Florida 33767 Telephone No.: (727) 462-6954 ext. 29 Fax No.: (727) 462-6957 E-mail Address: Catherine. eIIin«m yclearwater.com 18. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 19. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 21. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the non-expendable personal property or equipment purchased under this Agreement. However, the Grantee shall complete and sign Attachment G, Property Reporting Form, DEP 55-212, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: DEP Agreement No. MV008, Page 6 of 9 Item # 25 Attachment number 3 Page 9 of 29 A. The Grantee shall have use of the non-expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non- expendable personal property or equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non-expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department. 22. A. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timelines within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, or a change in ownership shall require formal amendment to this Agreement, and will not be eligible for processing through the change order procedures described above. B. In the event of a change in the Grant manager for the Grantee or for the Department, each party will notify the other party in writing of such change within thirty (30) days after the change becomes effective. The notice shall be sent from the Grantee's representative authorized to execute agreements to the Department's Grant Manager. The Department's Grant Manager will transmit a copy of such change to the Department's Procurement Office and the Contract Disbursement Office for inclusion in the Agreement file. 23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 24. In accordance with Executive Order 12549, Debarment and Suspension (2 CFR 1400), the Grantee certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by the U.S. Fish and Wildlife Service to the Department. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. The Grantee shall include the language of this section in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 25. The U.S. Fish and Wildlife Service and the Department, reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant. B. Any rights of copyright to which a Grantee, subgrantee or a contractor purchases ownership with grant support. DEP Agreement No. MV008, Page 7 of 9 Item # 25 Attachment number 3 Page 10 of 29 26. Land acquisition is not authorized under the terms of this Agreement. 27. A 3 x 4 foot sign of the International Pumpout Symbol shall be placed on a dock or on land, facing the waterway and easily visible to the boaters. Sign specifications can be found at the following link: http://wsfiproi;rams.fws.aov/Subpages/ToolkitFiles/fasymb.pdf. In addition, informational signage stating fees, hours of operation, instructions, and operator name and telephone number shall be posted in a clearly visible location. The sign shall have posted emergency phone numbers for reporting service problems and shall include the following statement: "Funded in part by the U.S. Fish and Wildlife Service, Clean Vessel Act through the Florida Department of Environmental Protection." 28. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions contained in Attachment H, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment I, Regulations, attached hereto and made a part hereof, shall apply to this Agreement. 29. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MV008. Page 8 of 9 Item # 25 Attachment number 3 Page 11 of 29 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF CLEARWATER By: Signature of Person Authorized to Sign* Print Name and Title of Authorized Person Date: FEID No.59-6000289 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Director, Office of Sustainable Initiatives Date: Brenda Leonard, DEP Grant Manager DEP Contracts Administrator A roved as to form and legality: KA. ?....?- DEP ttorney *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G Attachment H Attachment Scope of Work and Conditions (3 Pages Grant Payment/Match Request Form (I Page) Contract Payment Requirements (I Page) Progress Report Form (2 Pages) Special Audit Requirements (5 Pages) Certification of Applicability to Single Audit Act Reporting (3 Pages) Property Reporting Form (I Page) Contract Provisions (3 Pages) Regulations (I Page) DEP Agreement No. MV008, Page 9 of 9 Item # 25 Attachment number 3 Page 12 of 29 ATTACHMENT A Clean Vessel Act Grant Program Scope of Work and Conditions INSTALLATION OF PUMPOUT STATION PURPOSE The purpose of the Clean Vessel Act Grant Program is to establish or restore pumpout facilities that are operational and accessible to the general boating public for the useful life of the facilities. The purpose of these conditions is to ensure compliance with 50 CFR Part 85, Subpart D - Conditions on Use/Acceptance of Funds, for the Agreement period, including the five (5) year period extending beyond the date of equipment installation or construction completion. These conditions cover pumpout facilities and equipment purchased with Clean Vessel Act Grant funds. This is a cost reimbursement Agreement with matching requirement based on the amount actually paid by the Department to the Grantee. The Department agrees to pay the Grantee, on a cost reimbursement basis, a grant award in an amount not to exceed $88,548 and the Grantee agrees to undertake the project as described and submitted by the Grantee in the Grant Application, CVA 09-552, and provide a minimum 25% non-federal matching funds. The project is located at 25 Causeway Boulevard, Clearwater, Florida 33767. CONDITIONS Reimbursement for Project Installation 1. The Grantee shall obtain all required permits and approvals prior to commencement of the project. A grant award is not an indication of permitability of a project. A Permit Certification Form, supplied by the Department, shall be sent to and be on file with the Department before invoices will be processed for payment. 2. Match documentation shall be provided in accordance with instructions and on Attachment B, Grant Payment/Match Request Form. Any credit for the match by the Grantee shall be based on forms completed and documented to the satisfaction of the Department. Grantee invoices will be processed by the Department in an expeditious manner upon approval of all required documents as outlined in Paragraphs 5.13. through 5.E. of this Agreement. The Department shall have thirty (30) days to review and approve all invoices and reports. Upon review and approval of each Grant Payment/Match Request Form and Progress Report Form, the Department will process the request for payment. The final request shall be accompanied by a completed and signed Project Completion Form to be provided by the Department, a copy of the Operational Plan as described in Condition I of the Operations section of this Attachment, a copy of the operational log required under Condition 8 of the Operations section of this Attachment, and photographs of the completed project. Operations I. The Grantee will conduct operations of the pumpout facility, pumpout vessel, or dump stations under an Operational Plan that specifies hours of operation, maintenance principles, methods in determining volume of material pumped including the use of flow meters as may be necessary, informational/educational materials on pumpout operation and assurances that the pumpout facility, pumpout vessel, or dump station will be used solely for the collection of recreational boat sewage. Pumpout vessels are to be used solely for the collection and hauling of recreational boat sewage. This plan will be submitted with the certification of project construction completion. DEP Agreement No. MV008, Attachment A, Page I of 3 Item # 25 Attachment number 3 Page 13 of 29 2. Each pumpout facility or dump station funded under this Agreement shall be open and available to the recreational boating public. Each pumpout facility, pumpout vessel, or dump station shall be operated, maintained, and continue to be reasonably accessible to all recreational vessels for the full five year period as described and set forth in Paragraph 4.A. of this Agreement. 3. The Grantee will provide marine sanitation and pumpout information for boat owners and training for pumpout operators. These services may be provided through such methods as informational materials, on site instruction or audio-visual methods by the marina owner/operator, equipment vendors, harbormaster or local government personnel. 4. The location of each pumpout facility, pumpout vessel, or dump station will be continually identified through informational markers using the International Pumpout Symbol on a sign of at least three feet by four feet (3 x 4') in size. All informational markers located on the waters of the state shall be with prior approval of the Florida Fish and Wildlife Conservation Commission as required by permitting procedures established by Florida Statutes and the Florida Administrative Code. 5. Informational placards stating fees, hours of operations, instructions, and operator name and telephone number shall be posted in a clearly visible location on the station housing. The placard shall have posted emergency phone numbers for reporting service problems and shall include the following statement: Funded in part by the U. S. Fish and Wildlife Service, Clean Vessel Act, through the Florida Department of Environmental Protection. 6. Pumpout facilities will be designed and operated in accordance with state and local health regulations. 7. Pumpout facilities, pumpout vessels, or dump station services will be provided free of charge or for a fee not to exceed $5 per vessel. Fees greater than $5 require prior written approval by the Department of an itemized operational cost justification. Fee accounting will be provided with the quarterly log described below. If fees are collected, such proceeds shall be retained, accounted for, and used by the operator exclusively to defray operation and maintenance costs of the pumpout equipment and associated materials. 8. The pumpout facility operator shall maintain an operational log to be submitted to the Department the first day of each calendar quarter beginning with the quarter during which completion of construction or installation of equipment occurred. The log shall document use of the equipment by number of pumpout services events, gallons pumped, fees charged, and maintenance, labor, or other operational costs incurred. Volume of sewage handled must be determined as described in the approved operational plan. Costs may be estimated unless greater than $5 fees are charged. Collections of higher fees require detailed accounting of operational costs through a method included in and approved with the operational plan. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MV008, Attachment A, Page 2 of 3 Item # 25 Attachment number 3 Page 14 of 29 TASKS/DELIVERABLES The following is a schedule of tasks/deliverables and budget amounts for the completion of those tasks. Prior written approval from the Department's Grant Manager shall be required for task amount changes between approved tasks that do not exceed up to 10% of the total budget amount. The Department Grant Manager will transmit a copy of the written approval and revised budget to the Department Procurement Office and the Department Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal amendment to the Agreement. No reimbursement will be made that exceeds the grant award amount. An increase in funding or date extension will require a formal written amendment to the project agreement. The grant award amount to be provided by the Department is based on the amount recommended and approved by the Department for this specific project. The dollars expended or in-kind effort by a third party on behalf of the Grantee shall be at least 25% of the total amount actually expended on the project. If third parry match will be claimed, the Grantee must submit a letter from the third party that identifies the match source and submit it to the Department for prior approval. Order of Tasks/Deliverables and Amounts Tasks Detail/Deliverables Total Project Amount 100 Permitting State and local permits required for installation $2,000.00 of equipment. Construction Materials and Labor required to prepare site for $18,000.00 e ui ment. Renovation Materials and Labor necessary to restore $0.00 um out equipment. Equipment Purchase Pumpout or waste receptacle equipment and $64,500.00 deliverv. Equipment Installation Plumbing, electrical, supplies, and labor. $32,064.00 Operations Costs associated with operating pumpout $0.00 equipment Maintenance and Repair Necessary preventive maintenance and repair $0.00 of equipment including arts and labor. Sewage Hauling Costs associated with hauling sewage to $0.00 permitted wastewater treatment facility. Pumpout Signage Operation instruction, information and $1,000.00 um out logo signs, as required. Education and Instructional Copies of Brochures or handout information $500 00 Materials about the Clean Vessel Act and the equipment . available for public use. Total Project Amount 100% $118,064.00 Total Grant Award Amount 75% $88,548.00 Total Match Amount 25% $29,516.00 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MV008, Attachment A, Page 3 of 3 Item # 25 Attachment number 3 ATTACHMENT B Page 15 of 29 GRANT PAYMENT/MATCH REQUEST City of Clearwater Municipal Marina MV008 CVA 09-552 DEP Program: Clean Vessel Act Grant Program If Department payment is being requested, an invoice on your letterhead must accompany this form. TOTAL PROJECT (100%) of costs Permitting $ Construction Renovation N/A Equipment Purchase Equipment Installation Operations N/A Maintenance and Repair N/A Sewage Hauling N/A Pumpout Signage Education and Instructional Materials TOTAL PROJECT $ 25% Grantee match $ 75% reimbursable to Grantee $ I attest that documentation has been and will be maintained as required by this Agreement to support the amounts reported above and is available for audit upon request. I attest that all expenditures prior to this request have been made and are true and accurate and are only for the purposes as described in Clean Vessel Act Grant Project Agreement No. MV008. I further attest, that (name of the marina or entity) has complied with the terms and conditions of this Agreement. Grantee's Project Manager DEP 55-240 (5/09) DEP Agreement No. MV008, Attachment B, Page 1 of 1 Date Item # 25 Attachment number 3 Page 16 of 29 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.06 1, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. N/A under this Agreement. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. N/A under this Agreement. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. N/A under this Agreement. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs. oom/aadir/reference guide htm DEP 55-219 (05/2008) DEP Agreement No. MV008, Attachment C, Page 1 of I Item # 25 Attachment number 3 Page 17 of 29 ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: MV008 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: -Quarterly Reporting Period: Project Number and Title: Provide a summary of project accomplishments to date. Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., copies of permits, photographs, etc.) This report is submitted in accordance with the reporting requirements of DEP Agreement No. MV008 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager Date DEP Agreement No. MV008, Attachment D, Page I of 1 Item # 25 Attachment number 3 Page 18 of 29 Item # 25 Attachment number 3 Page 19 of 29 PART [I: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by'a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph l; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https:Happs.fldfs.coin/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.mvflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at littp://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for f tnding the f ill cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (03/09 DEP Agreement No. MV008, Attachment E, Page 2 of 5 Item # 25 Attachment number 3 Page 20 of 29 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January I, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System and can be found at http://harvester.censtis.pov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (03/09 DEP Agreement No. MV008, Attachment E, Page 3 of 5 Item # 25 Attachment numbew 3 Page 21 of 29 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (03/09 DEP Agreement No. MV008, Attachment E, Page 4 of 5 Item # 25 i F 00 X W V z_ 3 O O LL. W x v~ O E. 7- 0 U F- W LI] W 0 Q x E- O F- F- z Q x a. z [L) `a U w 0C W x F- 0 W 0 Q 3 Q 0 z LL. c O 0 Y •` O N N Y° o fl. U ?. " Q c O O O Q 00 It 00 C Vl 00 ,a 00 } 09 4i. E cl, = Q D o a o U = .N = V C O U U Q C W N > L. as Q a? U 0 +r ¢ L. ?o L U = z Wn _ a e v V cL ? y U Y w b O ? Q a? C N E Ctl N 0 a. .s L L 7 0 CL E v ics a ci L fLU fl ? C C G y p N ? ?-az oQ r_ W O O 00 69 .0 ca 3 Q (d O O F' o (3. U U r v U 4 T c fd L f?V bA fC V) O 14 iO U Q U U ,? C N U O i cc a) fy., s L T p p ? y U -? w _L O Ir-. 0 p Q, L +C?j Rt U cri Z?- U co N C a s c C u Q • /1 ? Q O LL s'Y.. 'D U U a? ?¢ o Q o C ti E C U L. U. L c OL N O a U .? 4... s O c 3 °o° >> i u 0 -o 0. f0 = E U O U •D L C,3 ?v= a? Y a? L L ? V L 0 of b C > 4=3 O ? b N c U c u 3 N M L 0 r 40- E cd Vl N o`nryou °L ? N a' O M \ y U y U y L I.L u fA •? w O kn l3 0. w C a? E t U CO Q o0 O O O O ? E so N c p. Q LO N it W Attachment number 3 Page 23 of 29 ATTACHMENT F CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING Grantee's Name: Grantee's Fiscal Year Period: FROM: TO: Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year: $ Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year: $ Please identify grants to be included in the Single Audit that are provided by the Department of Environmental Protection CSFA# CFDA# DEP GRANT AGREEMENT NUMBER CERTIFICATION STATEMENT: I hereby certify that the above information is correct: Name Title DEP Agreement No. MV008, Attachment F, Page 1 of 3 Date Item # 25 Attachment number 3 Page 24 of 29 INSTRUCTIONS FOR COMPLETING THE ATTACHMENT Grantee Fiscal Year Period: FROM: Month/Year TO: Month/Year NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTHIYEAR) TO (MONTH/YEAR). Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP. Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP. Please identify grants to be included in the Single Audit that are provided by the Department of Environmental Protection. CSFA/CFDA Number DEP Grant Agreement Number THIS INFORMATION SHOULD ONLY BE THOSE GRANTS RECEIVED FROM/THROUGH THE DEP. THE INFORMATION REQUESTED (CSFA/CFDA# SHOULD BE FOUND IN THE SINGLE AUDIT ATTACHMENT TO THE AGREEMENT AND THE DEP AGREEMENT NUMBER SHOULD BE FOUND ON THE AGREEMENT.) The Certification should be signed by your Chief Financial Officer. Please print the name and include the title and date of the signature. DEP Agreement No. MV008, Attachment F, Page 2 of 3 Item # 25 Attachment number 3 Page 25 of 29 CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING FREQUENTLY ASKED QUESTIONS 1. Question: Can I fax the form to you? Answer: Yes, you can fax the Certification form, the fax number is 850/245-2411. 2. Question: How can I submit the form if our audit is not completed by the due date of this letter? Answer: You should be able to complete the form from the information in your accounting system. This is just to let our Office of the Inspector General know which entities they should be getting an audit from. If you are under the threshold you do not have to submit a copy of your audit, only the Certification form. 3. Question: Do you only want what we received from DEP? Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended towards all state or federal grants that you receive. You should list those that are specific to DEP on the form. 4. Question: How do I know what the CSFA/CFDA Number is? Answer: These numbers should be identified in the grant agreement. If you cannot locate them you should call your grant manager and ask them for the needed information. If it is a grant funded by DEP, you may contact Debbie Skelton, DEP Grants Development and Review Manager at (850) 245-2371. 5. Question: Do I have to submit the completed form and a copy of my audit? Answer: No, you do not have to submit your audit unless you are over the threshold of $500,000. If you would prefer to submit your audit (CAFR) instead of the form, that is fine. 6. Question: Our CAFR will not be ready before your due date and we don't have the information necessary to complete the certification. Can we get an extension? Answer: Yes, just send us an Email letting us know when you will have your CAFR completed and we will place the Email with your letter in our file so that you don't get a 2nd notice. DEP Agreement No. MV008, Attachment F, Page 3 of 3 Item # 25 G a? o ? c z L c O Z o U Z W y X Ix W a C7 ? a?i a ac z W Ch W U ILL 0 a LL o U d P ce c Om a? W ?i a? a ° a U. O C N C th O n v a o M M t, 0- S '' ti E ?U N G7 O `? U C , W C - L C 7 ` ' c ? al N Y ? C n;;mo ? m m u aL LA 'O E I= U aM " v Q a ? U) C U a w M>j 10/1 O L LO M a j f0 CO m C p n +rJ N ? C W r ?a c O. 01 ch o,:2 o m y u c 7 U >_ n •n ° E m`wc N y C ? o o C. - C) M : U r; Q a w cm :3 0 C mm > j c U? Ol ` O N m n? 0 m 'o ?, -C c v c C L O N ??4 t aI Ebn n c c v ?u v 4)w= M M Io c In x 0a ° v?Inm O IOA C C o C to `O c 0 O p 0 u FF o QE o Z3a z c 0w0- U ab ju O` n O 0 F V ° w ? it' Z O O N 0`0 U E n .c: Cwm ag ? W Z a Up0 ` Z L ?tnU Ln w W 0 0 Q z O J O U O Z J W W z U W O N C R in M S W N d 7 F- Z ? o O o L U W W ` a, O G a p ? } O W O N N O a E v W00 F - L a Y 7 go ld W O N Q O . L U W a L y, L ? Z I A w C tZ W H E ° M ?a rn v c c f N OC p W IpL N C =1'"U DOM ` N LO ?M? v =_ N U. z o am z Io ) c F N W 0N0 a IA U FO v c =W ` U N ? ? 00Z O v i c z c WU Io L y Z a W U L j O O a z ?G °1 V) a CL W Vf c Io 0 0. p V L7 Z W c 0 CL ..O U? a °i a > ° c o OC Z F- LL w zO C o LL W zfz Q j E N P W y C v u c O J W O :3 W 7 1a c V E U co Of0 Io Q ?O UCcd oZ$ Q) a W ? v C Q. o = ?V ccc c a ` ° p 3Q1L O tL r v W Z M - W Z x 13 r- tj O L v ' O - U W 0 = Z 0 j A= N w o' a p z V m ° Q .+ . MVQ O v C1 d ? H W 0 0?C tn Q1 d c ZPQa W v U In o ?LL O F- ~UW Z d 41 a ; o c v a ° Z? a ?-1 zo o o a zQ) o E U ?y E. IL IL Z u L C Z„ U Q Q M ? o * IO C °1 c 00 O O O W N Q W O U - > b z Ol UaQc 2: Q E 2.2 .? O Q F N O O Z ? Z V N °' Z a r E O N ° c O U o r O W W V N E 7 W t o f• Y z in 11 -4 N u C I w - Z C O O Q a.+ O O N N z W t1' In of o z u U a a LL a Ul) Q a as Z ( D 0 a ° 0 7 01 i.5 D D Attachment number 3 Page 27 of 29 ATTACHMENT H Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report ail suspected or reported violations to the Federal awarding agency. t. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 %2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. DEP Agreement No. MV008. Attachment H, Page I of 3 Item # 25 Attachment number 3 Page 28 of 29 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply. 11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 -1508 and 7324 - 7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. DEP Agreement No. MV008, Attachment H, Page 2 of 3 Item # 25 r Attachment number 3 Page 29 of 29 13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this Agreement. 19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 20. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 21. Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 702) and DoC Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)" published in the Federal Register on November 26, 2003, 68 FR 66534), which require that the recipient take steps to provide a drug-free workplace. 22. Compliance with the Buy American Act (41 U.S.C. IOa-10c) By accepting funds under this Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933, popularly known as the "Buy American Act." The Grantee should review the provisions of the Act to ensure that expenditures made under this Agreement are in accordance with it. It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement should be American-made. 23. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By accepting funds under this Agreement, the Grantee agrees to implement the requirements of (g) of section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MV008. Attachment H, Page 3 of 3 Item # 25 ?- Meeting Date:3/31/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a one-year Aquatic Pool Use Agreement, with automatic one-year renewals upon agreement by both parties, between the City of Clearwater (City) and All Children's Hospital, Inc. (ACH), to partner in providing the Long Center pool facility and its amenities for the purpose of conducting a pediatric aquatic therapy program and authorize the appropriate officials to execute same. (consent) SUMMARY: All Children's Hospital has conducted aquatic therapeutic programs at the Long Center for many years. It is ACH's desire, as well as the City's, to continue this partnership by approving a more formal Agreement which will protect both ACH and the City. As part of the agreement, ACH will abide by all Long Center rules and regulations as it relates to the use of the aquatic facilities. ACH will have use of the pool on Tuesday, Wednesday, and Thursday of each week from 1:00 p.m. to 6:00 p.m. including the therapeutic pool and the locker facilities. ACH will pay a license fee of $660.00 per month for the use of the pool. The effective date of the Agreement is retro-active to February 9, 2010. The agreement provides for automatic renewals of one year until either party terminates this Agreement for any reason or at any time. Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager Cover Memo Item # 26 Attachment number 1 Page 1 of 7 AQUATIC POOL USE AGREEMENT Thi Ii u,i L,se /'',-r1_ nt (the''Aeree'ment") is made is , 'r?, €' i „ - 1, dal 20 i!id i,c ween All Childr-on's Hospital, Inc., a Florida not Wr priiotid t 'T? 'PUI' ti„r, with its ? pal offices loc ar i ? I ii ., .1. Sixl h n ", ocith St. Petersburg, "loril nd t>,' 3 'Iearwater, a niuMd pal corI o o%itimi of the state of Florida, v,. i i_h Pi I. Belcher Road, Suite ?%" t , , uteri Florida, 33765 (the "Lon k 11 r i-,I ? ACH desii-1I-- 11-e I ;F I 1ti??j hryrll facility, " ?l1idP' vi ri_: i,iYlen lrv `"{74' 11-1 c ,!'.101' for ti,_' d' 0 21 on ?h. 1 t" and _.onditions set n [ `f a d F h 14:1 OkE, for good and valuable consideration the Icing Center and ACC -,Agree as o ?9"asp?'tD '?1ic119C. e l-,,n _I 1191i r` CH to 11-e the P ,i,,l -My torlhi. 1,1,ii i Pro °ai , ? -..1LL- t 1ti ?. may be shared with other nie?t i" e - C,. I 1, i , ofS660 ( ,:. ?, month payable ka--, . -1 ct:i a 1, 1- t ?n r ` I 11 ,. tl 3 , d1;1°1i? 1-1." ,l;"i"ttl,doYi tllea?i' ail li? 1t,i=r t,! fin - c1_Ct',?17? diet. Obi P? _]_ttacneL3 Rid i t tc.li1 ;IGJule(the lis _is I- 1 ?-tuit A. i i_ L;.n-r ?i-i rorACHmayrnodiF'l 1e-,11 cc,? t<~? nd of c Schedule upon mutual . `ittc_ii agreernen_, lI. Compliance with all Mules and ReA, a rations. ACH ; l i;d i - I1, ua 7.11 accordance with the terms and ccindir i Jifthis A. reemciii„ i : and 3 - ii-as set forth on Exhibit B, and 71 i,?pl r,1'? federal, state and loc 111. Terin. Ti1•, of th, n i ,rr . -td comrrerrc, -)T7 F.-'?i, ul.it-r 20 0 (the e:ConlMcnc latc _ l . rua-y 8., 2011 (rl c E pi rat Lion Late"), unless terminated (-ner pursuant t, ;['the r+ bet etr `. 1';i!; Agreemei liall amt,111aticailly renew for su- n?- 11 1 :, .i- Tnis until tern-unat l 1?tir1 'I lie Long G.,!1i. 1a1 r ?._ Iii ? i_i-,l-.)end A€ H's u? Ii., P: I 1,,i rules cont tined on .ti,lwn8 ;r131.t1 ,/a ci'i.4'9 1)--_1 iv m'.c:, Tt11t1?.i. 'a--JS Est ?tny 1-11ri' cAnu 'i ally rf`.i?rtn I_Ipu;d 1.Fii1 (?'CI) Ala, l '. tiIities and services, 1 1. , r 'till provide t V11111 nti.'1 ;t I'1I to 11C i' 7,1 iii .,. ,ordance '-i1C, 11 a ttiii and slyi'ifi ril, ii=r I °' hii;h1i i 'Ul,is i part l`t1,t, !'1 .1ding'l. V rliera64)11 ACH Jh.r,lt ri r!? ? ,_ ura??, . ?.rt7, a,r a'l,lr the p-ls1, i ,,r "l-I ii:;, thic 1' i it or 13.11In1i-iL 1,°tr '11- 'ti ill )ti it -;? soli- 111x; try „ 11 Item # 26 Attachment number 1 Page 2 of 7 1 1-wi:) :1 11 f fAd `[ 1 tc llclinU r11L In,w'anCc i '? i ? xE ?`?s l i !1 inn (t1) 1 t1 lJ.li ;oZ 'SC'I i`,. ili,: l 1 W tl ? I i it l i ,. ,__ In ? ? ?. G. ? I ] ,• ? _1 ? <1 , ' 1', I ?, ?. I', l i? l' I i ' , r = i , i ?J I I _J 'l i ' ° i 1 1, n , f Vii. C1'tC`0_... -A i I -lls 1 xL NU51CCS. I__?i,?l?,l t I,lt'I ?'hll?? ?T2 Item # 26 Attachment number 1 Page 3 of 7 :W p' (3ar ItS and c ? with copy? 'I _ A]I C1 80 7700 St, n 10 W1 I w, d" bl t 1 . , ? •. I I '• °. 1 t ] .. i :'., i ,,. , ,. i Idly 1 13I114pItill ,I 1:!'? III: w o$ s-a i ,e. -ut.1?l-]'klil°„'i'..tt?i. -11°; ,I. 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[Odle Ill: 'J. ?;il?llII?. arv{1 _ be provid ? 1 i23 Ju:,l"? 1111 Item # 26 Meeting Date:3/31/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a new Capital Improvement Project 315-93411 entitled, Clearwater Beach Lifeguard Building Renovations, for $455,700, approve funding from unappropriated retained earnings of the parking fund and authorize the appropriate officials to execute same. (consent) SUMMARY: The beach lifeguard building located on Clearwater Beach, just south of Pier 60, is in need of renovations to accommodate the beach lifeguards and their rescue equipment. The existing building was built in excess of 20 years ago and has required constant maintenance to repair weathering issues, aesthetics and plumbing issues. When the Beach Walk project was completed the lifeguard building only received a coat of fresh paint to extend the useful life until additional improvements are made. The building is adjacent to the Beach Walk trail system and does not align with the current improvements in the area. The building needs to be updated and modernized to accommodate the operations of the beach lifeguards as well as all of their equipment. The renovated building will provide enhanced storage areas on the ground floor, staff lockers, work areas, bathroom and showers on the second floor and observation post and staff and planning room on the third floor. The footprint of the building will remain the same. An additional story will be added for improved visibility of the beach operations as well as needed staff operations area increasing overall space from approximately 1800 square feet. to 2280 square feet. The building is for city staff only and will not be accessible to the public. For that reason the City will be requesting a waiver of the ADA access requirements to the 2nd and 3rd floors. If approved, a mid-year budget amendment will transfer $455,700 from the unappropriated retained earnings of the Parking Fund to establish this project. The construction contract will be brought to Council for approval, tentatively in August. The allocation of funds for this project can be broken out as follows services) - $43,000 Site Development - $5,700 Construction - $387,000 Furniture, Fixtures and Equipment - $20,000 Total - $455,700 Type: Capital expenditure Current Year Budget?: No Budget Adjustment: Budget Adjustment Comments: Add new CIP for this year. Professional Services (design and other Current Year Cost: $455,700 Annual Operating Cost: Not to Exceed: $455,700 Total Cost: For Fiscal Year: 2009 to 2010 Yes Cover Memo $455,700 Item # 27 Appropriation Code Amount Appropriation Comment 315-93411 $455,700 Unappropriated retained earnings. 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 # 27 X .. _: ;; - TILE - rl H- ,_=A I," ?. 14 p i'v r 3 r ;, 0[,7 55° s --•-1/5" CEMAT "TER Q --11V CE- ? 17 FLlz9'(! -- - F. f I ! FL '-i1 I? LL, L! CF,,LL,_ 3 c [ 3f f ?f. ?'?. T rl ? I u I0 1i !' Ff f i? r ! ?pr Attachment number 1 Page 1 of 1 t I f 11 17 _, ? Y o eu. Attachment number 2 _Page 1 of 1 City Council Agenda Council Chambers - City Hall Meeting Date:3/31/2010 SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) for $364,496.00 to Southern Sewer Equipment Sales of Ft. Pierce, FL for two 2010 International 4300 Cab and Chassis with Tymco Sweeper Bodies 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 Sweepers will be purchased through the Florida Sheriffs Association and Florida Association of Counties Contract 09-17- 0908 and Quote CLR-600-002 and CLR 500X-002. These Sweepers are included in the Garage CIP Replacement List for Budget Year 09/10 and replace G2709 and G2714. G2709, a 2003 Freightliner with Tymco Model 600 Sweeper with 56,110 miles will be replaced with a 2010 4300 International with Tymco Model 600 Sweeper. G2714, a 2003 Freightliner with Tymco Model 600 Sweeper with 53,837 miles will be replaced with a 2010 4300 International with Tymco Model 50OX Sweeper. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $75,815.17 Not to Exceed: For Fiscal Year: 2009 to 2010 Budget Adjustment: None Annual Operating Cost: $66,570.04 Total Cost: $142,385.21 Appropriation Code Amount Appropriation Comment 316-94234-564100-519-000 $364,496.00 L/P CIP Bid Required?: No Bid Number: Fl Sheriffs and Fl Assoc of Other Bid / Contract: Counties Bid Exceptions: None Contract 09- 17-0908 Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Financial Services 6) Clerk 7) Assistant City Approval: Manager 8) Clerk 9) City Manager 10) Clerk Cover Memo Item # 28 City Council Agenda Council Chambers - City Hall Meeting Date:3/31/2010 SUBJECT / RECOMMENDATION: Provide direction regarding the list of projects and the funding strategy for a Performance Contracting Agreement with Honeywell. SUMMARY: In 2009, a contract was awarded to Honeywell to install equipment at the Long Center that would reduce the cost of operation and generate savings to the General Fund. This equipment included air conditioning, humidifier and lighting modifications. During the last six months, the savings have been documented above the projected level. Honeywell is guaranteeing annual savings for 20 years and must reimburse the difference between the guaranteed savings and the actual savings if the actual is less. Staff requested Honeywell review all City facilities to evaluate and make recommendations on how electrical and operating costs can be further reduced. While the original list included many more facilities, the proposed list of buildings includes only those facilities staff feels are worthy of consideration. After Council provides direction, staff will bring forward a contract with Honeywell for Council approval. The projects can be categorized in 6 broad areas: 1. Building lighting - the replacement of existing lights to a more efficient lighting fixture 2. Field lighting - replace lights at various sports fields to increase the lighting intensity while reducing the electrical cost of operation 3. Mechanical - install efficient air conditioning systems 4. Controls Automation - install automated thermostats with a central location to control the temperature in buildings from a remote site 5. Roof replacement - replace existing roof covering with energy efficient materials 6. High Efficiency motors and pool covers - replace pool motors with more energy efficient motors and install pool covers to reduce energy and operational costs. There are several projects staff would like to discuss separately to get Council direction. 1. Basic Projects - this includes the projects staff is in agreement should go forward due to the facility life and usage expectancy and the simple payback calculation (cost of project divided by annual guaranteed savings). Staff would like Council's feedback on going forward on these projects. 2. City Hall - there has been discussion as to the life expectancy of the current City Hall. It is budgeted for replacement in the current Penny for Pinellas list in FY14 (New City Hall and Parking Garage) at $7 million. In addition, as a cost cutting measure, the possibility of moving the City Hall offices to a portion of the Main Library to save taxpayer dollars has been discussed. There is a potential annual operating savings of approximately $300,000 by making this move. In addition, there would be the cost avoidance of around $500,000 of needed capital improvements (roof repairs, painting, elevators, carpet, etc.). Staff would like Council's direction on the future of City Hall and whether to include these energy efficiency repairs in the contract with Honeywell. 3. Long Center Roof Replacement - although this project does not have significant payback, the roof over the entire Long Center is scheduled for replacement in FY 12 from Penny 11 funds ($700,000). We recommend that this project be completed as part of this contract with Honeywell and the funds moved forward to the current fiscal year. Staff would like direction from Council on moving this project forward. 4. There are three field lighting projects for consideration; however, the payback periods do not make these projects feasible simply from the payback standpoint. The primary reason these projects would go forward would be to improve the illumination of the field. However, there would be some reduction in overall cost of operation. Cover Memo Funding Strategy Item # 29 Funds available for these projects are as follows: Basic Projects Non - General Fund - Several facilities are related to the operations of various enterprise and internal service funds. It is recommended that these improvements be funded from available resources in those funds. It is broken out as follows: $341,724 Gas Fund $71,956 Parking Fund $5,830 Water and Sewer Fund $28,050 Solid Waste Fund $201,841 Garage Fund $11,227 General Services Fund $660,628 Total Non-General Fund Basic Projects General Fund- There are several sources of funding available for these projects: $463,400 - A grant was awarded in the amount of $463,400 specifically to make energy efficiency improvements to buildings. It is recommended that the MSB, main library, and main police building be partially funded from this grant. $900,000 - Project 315-xxxx (Aging Well Center) included funds for air conditioning, roofing and other improvements to the Long Center. There is an available balance in this project of $900,000 that is available for these improvements. It is recommended that these funds be used for the long center improvements. $929,417*- General Fund Reserves will be needed to fund the remainder of these projects. $2,292,817- Total General Fund Basic Projects $2,953,445- Total All Basic Projects City Hall $284,177* - General Fund Reserves Long Center Roof $700,000 - Penny for Pinellas $68,800* - General Fund Reserves $768,800- Total Long Center Roof Field Lighting Projects $2,321,935* - General Fund Reserves (Field Lighting Projects) $5,667,729- Total General Fund Projects $6,328,357- Total All Projects * Total General Fund Reserves (if all projects completed) _ $3,604,329 Project Benefits and Annual Operating Savings Cover Memo Although the main purpose of doing these projects is to reduce energy and operating many costs in the future, there are mtan other positive benefits to making these improvements, which include: Long-term reductions in the City's operating costs Is entirely self-funding, well within State guidelines for similar projects Corrects many maintenance and reliability issues in facilities Savings performance is guaranteed, significantly reducing the risk of financial payback Over 30 facilities throughout the City will be improved Improves the indoor air environment in many facilities Eliminates many existing indoor climate issues Retains the capability for local temperature set point adjustment, with central range limiting and override capability Reduces potential downtime and improves overall productivity for City staff working in the facilities Provides faster, less costly maintenance response to problems Improves public safety through improved lighting quality in many public areas Reduces the City's Carbon Footprint The estimated annual operation savings per fund is as follows if all projects are completed: $390,186 - General Fund $ 21,755 -Gas Fund $ 6,593 - Parking Fund $ 1,422 - Water and Sewer Fund $ 4,040 - Solid Waste Fund $ 16,239 - Garage Fund $ 994- General Services Fund $441,229- Total All Funds 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 # 29 Attachment number 1 Page 1 of 1 Honeywell - Performance Contracting Citywide Project Simple Building Project Cost Savings Payback BASIC PROJECTS Library-Main Library 194,360 23,612 8.23 Library-N. Greenwood Library 4,283 463 9.25 Library-Beach Library 1,716 1,073 1.60 Police-Main Station 253,799 16,649 15.24 Police-Countryside Station 36,604 3,285 11.14 Police-Beach Substation 22,805 1,725 13.22 Police-North Greenwood Substation 14,920 641 23.28 Police-Countryside PD Impound Lot 2,881 180 16.00 Gas -Gas Division (offices) 289,817 17,787 16.29 Gas -Metershop 22,925 2,419 9.48 Gas -Gas Sales Office 21,539 1,789 12.04 Gas Service Warehouse 14,101 655 21.53 MSC Parking Garage 45,942 1,724 26.65 Public Works - E 67,541 4,672 14.46 Garden Avenue Parking Garage 25,148 4,869 5.16 Public Services-Traffic shop -E 18,274 1,295 14.11 Public Service-Bldg. A 5,760 1,422 4.05 Public Service-Bldg. B 7,988 747 10.69 Fire Stations-Station 48/Training 6,645 639 10.40 Fire Stations-Station 48/Admin 4,621 257 17.98 Pks & Rec-Long Center UPARC 668,480 62,938 10.62 Pks & Rec-Long Center Aquacenter 263,710 19,511 13.52 P&R-N. Greenwood Aquatic Center 175,371 20,955 8.37 Countryside Rec. Main Building 157,173 18,294 8.59 Pks & Rec-Morningside Pool Bldg. 80,157 11,021 7.27 Pks & Rec-Ross Norton Pool 83,764 16,020 5.23 Parks & Rec time clocks - other 20,707 - Pks & Rec-McMullen Tennis Complex 2,881 244 11.81 Parks & Rec-PBI West 30,574 1,710 17.88 Solid Waste-Transfer Station & Scale House 27,712 4,040 6.86 MS B 170,746 15,013 11.37 General Services-Fleet Maintenance 199,412 16,239 12.28 General Services-B & M Shops 11,091 994 11.16 Basic Project Total 2,953,445 272,882 10.82 City Hall 284,177 75,905 3.74 Long Center Roof 768,800 22,975 33.46 FIELD LIGHTING PROJECTS Countryside community Park 1-5 406,752 10,274 39.59 Parks & Rec-Eddie C Moore 1-9 1,200,019 51,075 23.50 Plex 1-4 (Countryside) 932,756 8,118 114.90 Adjustment fo ballfield and roof allocated costs (217,592) - Field Lighting Projects Total 2,321,935 69,467 33.43 Project Total 6,328,357 441,229 14.34 Item # 29 Attachment number 2 Page 1 of 1 CITY HALL CLOSURE ANNUAL OPERATING EXPENSES Utilities Electric $89,006 Lawn Irrigation $24,549 Potable Water $6,297 Natural Gas $60,989 Sewer $8,025 Solid Waste $3,511 Stormwater $7,249 Fire Protection $60 parking lot lights (parking fund) will we still need lawn irrigation? fountain? will there still be a stormwater fee (paid by parking)? Total $199,686 Custodial $47,350 Other Direct Charges $11,450 General Building Repairs $30,210 Landscape Maintenance $7,700 will this change if building is not there? Fountain Maintenance $3,000 will there still be a fountain? TOTAL POTENTIAL OPERATING SAVINGS $299,396 The landscape maintenance should remain since grass cutting will be required. The Lawn irrigation water supplies water to the fountain so a portion of this cost will remain if the fountain is operational. A small amount of the electricity costs will remain if the fount ain is operational and the parking lot lights are lit (20%). COST AVOIDANCE CIP FUNDS Roof Repairs 2010 Painting 2011 Elevator 2013 Roof Replacement 2014 Carpet Replacement 2012 TOTAL Plus Energy Efficiency Improvements GRAND TOTAL Estimated cost of demolition Estimated asbestos remediation TOTAL DEMO $5,000 $20,000 $100,000 $80,000 $36,000 $241,000 $268,078 payback period ranging from .5 to 17.25 years $509,078 $320,000 $90,000 $410,000 Item # 29